primer_on_the_amended_fisheries_code_0

Primer: The Fisheries Code of the Philippines (RA 8550, as amended by RA 10654)

Page 1

• Sardine Run Photo: Credit to Oceana/Ferdinand Edralin.

Page 2: Overview of Fisheries in the Philippines

• Marine Biodiversity: Recognized as the “center of the center” of marine biodiversity globally.

  • Lead by Dr. Kent Carpenter.

• Population Dependent on Fisheries: Provides food for 50 million Filipinos and livelihood for 1.8 million fisherfolk.

• Export of Fish: 11th largest exporter of wild-caught fish.

• Challenges Faced:

  • Poverty among municipal fisherfolk due to declining catches, habitat degradation, and encroachment by commercial fishers.

  • Adapting to climate change’s impacts on fisheries.

• Government Action: Chose to address Illegal, Unreported, and Unregulated (IUU) fishing through amendments to the Fisheries Code (RA 10654).

• Oceana’s Campaign: "Save the Oceans, Feed the World" to restore marine biodiversity and abundance.

• Empowering Provisions of RA 10654: Includes provisions for citizen suits and measures against SLAPP (Strategic Lawsuits Against Public Participation).

Page 3: Foreword

• Quote: "Illegal fishing must stop. The bounty of our seas is not for us alone." – President Rodrigo Roa Duterte.

• Government Commitment: Under Biden Duterte, a relentless campaign to enforce agricultural and fisheries laws.

• Role of DA-BFAR: Bureau of Fisheries and Aquatic Resources leading the charge against IUU fishing.

• Purpose of the Primer:

  • To popularize the amended Fisheries Code and assist stakeholders in law enforcement.

  • Structured in a Q&A format for clarity.

Page 4: Publication Information

• Copy Rights: © 2017 Oceana Philippines International, all rights reserved.

• Contact Information: Oceana Philippines International.

Page 5: Table of Contents

1. Introduction

2. Rationale for Amendments

3. Salient Features of the Amendments

4. Introductory Provisions

5. Utilization and Management of Fisheries and Aquatic Resources

6. Municipal Fisheries

7. New Requirements for Commercial Fishing License

8. Prohibited Acts: New Offenses

9. Prohibited Acts: Amended Offenses

10. Administrative Adjudication

11. Citizen’s Suit and SLAPP.

Page 6: Introduction and Rationale for the Amendment

• Importance of Fish: Fish is a staple diet, second to rice.

• Threats by IUU Fishing: Comprises illegal fishing, unreported fishing, and unregulated fishing; each encompassing various violations impacting fisheries management.

• Historical Context: Pleas from international bodies to combat IUU fishing since the late 1990s.

• Weakness in Previous Codification (RA 8550): Licensing focused on revenue generation, not on resource management.

• EU Yellow Card Warning: Prompted the swift amendments under RA 10654.

• Objectives of the Amendments: Implement stronger control rules, vessel monitoring, and impose harsh penalties.

Page 7: Key Features of Amendments and their Impact

• Carrying Capacity Determination: Limits on allowed fishing vessels based on data-driven indicators.

• Harvest Control Rules: Regulations to achieve target reference points for fisheries.

• Expanded Reporting Requirements: Daily records of fish catch mandatory for commercial vessels.

• Monitoring and Surveillance Measures: Must comply with protocols as mandated by DA-BFAR.

• Citizen's Suit Integration: Promotes public participation and rights.

• Anti-SLAPP Measures: Safeguards activists from legal harassment.

Page 8: Additional Prohibitions and Penalties

• New Prohibited Acts: Expansion of prohibitions including unregulated fishing with fines scaling to P90 million.

• Increased Penalties: Significant increase in fines and criminal penalties to deter violations.

Page 9: Scope of Application

• Coverage of the Law:

  • Extends to all Philippine waters (including the EEZ), all fishing vessels and aquaculture areas.

• Implementation Start Date: Amendments took effect on March 23, 2015.

Page 10: Licensing and Permit Issuance

• Permit Authority: DA-BFAR regulates fees, licenses for commercial fishing activities.

• Limitations on Licensing: Determined by DA-BFAR, local councils are involved.

• Prioritization of Resource Users: Local communities get preference for access.

Page 11: Municipal Fisheries Management

• Municipal Jurisdiction: Cities and municipalities oversee conservation and management within designated waters.

• Closed Seasons: Can be declared by the Secretary or local governments.

Page 12: Regulations for Municipalities

• Ordinance Requirements: Municipal Fisheries Ordinance must include resource management rules and licensing.

• Access Rights: Existing fisherfolk enjoy priority access to municipal fishing grounds.

Page 13: Fisherfolk Rights and Support

• Rights: Municipal fisherfolk enjoy priority use and support from government agencies in essential resources.

Page 14: Commercial Fishing Licensing

• Application Guidelines for CFVL: Detailed compliance with regulations required for license issuance.

Page 15: New Offenses Under the Law

• Unauthorized Fishing Activities: Engaging in fishing without proper permits incurs significant penalties.

Page 16: Reporting Responsibilities and Penalties

• Non-Compliance: Fines and penalties prescribed for unreported fishing activities and misreporting.

Page 17: Penalties for Violations

• Various Administrative and Criminal Penalties: Defined for specific violations following the amendments.

Page 18: Understanding RFMOs

• Role of Regional Fishing Management Organizations: Coordination of conservation measures among member states.

Page 19: Liability for Violations

• Who is Liable?: Outlined liabilities for fisheries violations and who can be penalized.

Page 20: Harvest Management Rules

• Implementation of Harvest Control Rules: Conditions for fishing efforts outlined under specified limits.

Page 21: Noncompliance Penalties

• Penalties for Noncompliance: Enumerated for various offenses, including failure to comply with standards.

Page 22: Enforcement Procedures

• Vessel Monitoring Requirements: Outlined responsibilities for compliance with monitoring measures.

Page 23: Import/Export Regulations

• Foreign Fishing Vessel Regulations: Requires prior notice for port entry; failure could lead to repercussions.

Page 24: Conservation Compliance

• Mandatory Conservation Compliance: Obligations for fishing activities as established by authorities.

Page 25: Definitions and Applications of Monitoring

• Vessel Monitoring System: Requirement for tracking both in domestic and international waters.

Page 26: Additional Regulations on Vessels and Gear

• Construction or Importation without Permits: Prescribed penalties for violations regarding fishing gear and vessels.

Page 27: Liability for Violations of Vessel Markings

• Consequences for Tampering: Administrative and criminal penalties defined for falsifying vessel information.

Page 28: Product Standards Compliance

• Trade-related Requirements of Fisheries: Outlined consequences for failure to meet standards in fisheries activities.

Page 29: Illegal Activities and Possessions

• Possessing Illegally Caught Fish: Defined penalties for dealing with illegal seafood and violators.

Page 30: Summary of Administrative Mechanisms

• Administrative Penalty Framework: Range of penalties based on violations established across various activities.

Page 31: Proposed Rights for Fisherfolk

• Presumptions and Enforcement: Clearly defined presumptions regarding illegal fishing activities.

Page 32: Poaching and its Consequences

• Penalties for Poaching: Extensive penalties for foreign entities violating fishing rights in Philippine waters.

Page 33: Methods of Illegal Fishing

• Use of Destructive Fishing Practices: Illegal practices defined, with strict penalties in place.

Page 34: Handling of Illegal Practices

• Possession Rules and Consequences: Administrative fines defined for possession of illegal substances related to fishing.

Page 35: Exploitative Fishing Regulations

• Prohibitions and Penalties: Clear prohibitions against the use of explosives or chemicals in fishing practices.

Page 36: Liability and Penalties for Fishing Violations

• Ecosystem Damage Penalties: Stipulated penalties for damaging marine ecosystems through illegal practices.

Page 37: Active Gear Usage in Municipal Waters

• Active Gear Definition: Explanation of prohibited active fishing methods and exceptions listed.

Page 38: Penalties for Illegal Gear Usage

• Office and Corporate Accountability: Liability for illegal use of fishing gear established across different roles.

Page 39: Regulations on Coral Exploitation

• Regulatory Framework: Outlined penalties for coral exploitation alongside conservation expectations.

Page 40: Violations Related to Fishing Gear

• Illegal Use of Fishing Gears: Administrative and criminal penalties clearly prescribed.

Page 41: Provisions for Efficient Fisheries Management

• Community Support Initiatives: Administrative accountability established to ensure successful fisheries management.

Page 42: Guidelines on Fishing During Closed Seasons

• Strict Adherence Requirements: Administrative penalties defined for illegal fishing activities during closed periods.

Page 43: Marine Protected Areas

• Protection Laws for Special Areas: Listed penalties for violations within marine protected designations.

Page 44: Conservation Measures Impact Assessment

• Impact of Conservation Violations: Reported impacts and penalties stipulated for violations.

Page 45: Preservation of Endangered Species

• Limitations on Fishing of Protected Species: Consequences of violations against conservation mandates.

Page 46: Exportation Violations

• Regulatory Compliance for Exports: Definite penalties for illegal exportation of aquatic life.

Page 47: Illegal Trade Conduct Regulations

• Consequences for Illegal Trading: Prescribed administrative and criminal penalties for violations.

Page 48: Aquatic Pollution Control Measures

• Aquatic Pollution Framework: Stipulated penalties aimed at curbing pollution effects on marine environments.

Page 49: Shellfish and Other Aquatic Species Management

• Administrative Compliance Required: Defined penalties for mismanagement related to aquatic species and resources.

Page 50: Licensing Compliance for Fisheries

• Enforcement Responsibilities: System of checks for validating fisherfolk licenses with accompanying penalties.

Page 51: Restrictions and Legal Measures

• Administrative Adjudication Committee: Structures in place for adjudicating offenses as per the amendments.

Page 52: Notice of Violations

• Procedure Following a Violation: Mandatory notice issuance protocols regarding violations.

Page 53: Community Service Implementation

• Community Service as a Penalty: Examples of equivalent penalties focused on community benefit.

Page 54: Disposal of Confiscated Items

• Protocols for Handling Confiscated Goods: Detailed procedures for treating confiscated aquatic life.

Page 55: Citizen's Rights and Legal Actions

• Citizen's Suit Provisions: Conditions and procedures for community-led legal actions.

Page 56: Strategic Lawsuit Against Public Participation (SLAPP)

• Understanding SLAPP and Its Implications: Legal protections for individuals facing harassment for advocating fisheries reforms.