ra 8550

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PROHIBITIONS and PENALTIES

Republic Act 8550 Alonette S. Ragodo-Perez

2nd National Environmental Law Enforcement SummitAnd Orientation-Workshop on Environmental Laws

November 18, 2010Clarkfield, Pampanga

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RoadmapRoadmap

IntroductionIntroductionTypes of Fisheries in the Types of Fisheries in the PhilippinesPhilippines

Prohibitions and PenaltiesProhibitions and Penalties SummarySummary

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IntroductionIntroduction

Nullem crimen nulla poena Nullem crimen nulla poena sine legesine lege

Tragedy of the CommonsTragedy of the Commons

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Types of Philippine Types of Philippine Fisheries Fisheries

Municipal Fisheries Commercial Fisheries

Aquaculture

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Municipal FisheriesMunicipal Fisheries

Fishing within Fishing within municipal watersmunicipal waters Using fishing vessels of 3 GT/lessUsing fishing vessels of 3 GT/less

-not req. the use of vessel-not req. the use of vesselSec.4(57) RA 8550Sec.4(57) RA 8550

66 66

Municipal Waters INCLUDE …Municipal Waters INCLUDE … Streams, lakes, inland bodies of waterStreams, lakes, inland bodies of water Tidal watersTidal waters Marine waters included Marine waters included

within 2 lines drawn perpendicular to the within 2 lines drawn perpendicular to the general coastline from points where the general coastline from points where the boundary lines of the municipality touch the boundary lines of the municipality touch the sea at low tide andsea at low tide and

a third line parallel with the general coastline a third line parallel with the general coastline including offshore islands and 15 kilometers including offshore islands and 15 kilometers from such coastline;from such coastline;

if opposite shores of two municipalities are if opposite shores of two municipalities are less than 30 kilometers apart, the third line less than 30 kilometers apart, the third line shall be equally distant from opposite shores.shall be equally distant from opposite shores.

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15 kilometers

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Municipal Waters INCLUDE …Municipal Waters INCLUDE … Streams, lakes, inland bodies of waterStreams, lakes, inland bodies of water Tidal watersTidal waters Marine waters included Marine waters included

within 2 lines drawn perpendicular to the within 2 lines drawn perpendicular to the general coastline from points where the general coastline from points where the boundary lines of the municipality touch the boundary lines of the municipality touch the sea at low tide andsea at low tide and

a third line parallel with the general coastline a third line parallel with the general coastline including offshore islands and 15 kilometers including offshore islands and 15 kilometers from such coastline;from such coastline;

if opposite shores of two municipalities are less if opposite shores of two municipalities are less than 30 kilometers apart, the third line shall be than 30 kilometers apart, the third line shall be equally distant from opposite shores.equally distant from opposite shores.

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Commercial FisheriesCommercial Fisheries

taking of fishery species taking of fishery species By active/passive gear By active/passive gear For TBP beyond subsistence/sports For TBP beyond subsistence/sports

fishing fishing Sec.4(10), RA 8550Sec.4(10), RA 8550

ClassificationClassification1.1. Small scale-3.1GT to 20 GTSmall scale-3.1GT to 20 GT2.2. Med.scale- 20.1 GT to 150 GTMed.scale- 20.1 GT to 150 GT3.3. Large-more than 150 GTLarge-more than 150 GT

FAO 198.S.2000FAO 198.S.2000

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Commercial FisheriesCommercial Fisheries

May be allowed within 10.1-15 May be allowed within 10.1-15 km. of MWkm. of MW

1)1) Mun. OrdinanceMun. Ordinance2)2) MW is not less than 7 fathoms deepMW is not less than 7 fathoms deep3)3) Legal methods and gearsLegal methods and gears4)4) Prior consultation/hearing FARMCPrior consultation/hearing FARMC5)5) SECC- not violated the Code, & SECC- not violated the Code, &

related lawsrelated lawsSec.18, RA 8550Sec.18, RA 8550

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AquacultureAquaculture

Raising and culturing fish and other Raising and culturing fish and other fishery species in FBMfishery species in FBM

Sec.4(3) RA 8550Sec.4(3) RA 8550

FLA- 25 yearsFLA- 25 years Reversion of All AUU Fishponds-DENRReversion of All AUU Fishponds-DENR

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Prohibitions Prohibitions and Penaltiesand Penalties

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Section Section 8686UNAUTHORIZED FISHING OR ENGAGING IN

OTHER UNAUTHORIZED FISHERIES ACTIVITIES

VIOLATIONS1. Engage in any fishing activity without a LLP2. Commercial fishing vessel fishing in bays or

other fishery management areas which are declared overexploited

PENALTIESFor commercial fishing boat captain and or

three (3) highest officers:

1. Fine- value of catch or P10,000 whichever is higher

2. Imprisonment – six (6) months3. Confiscation of catch & gears4. Automatic revocation of license

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UNAUTHORIZED FISHING OR ENGAGING IN OTHER UNAUTHORIZED FISHERIES ACTIVITIES

VIOLATIONSCommercial Fishing by persons not listed in the

registry of mun. fisherfolk

PENALTIES1. Fine of P 500.002. Confiscation of catch

Section Section 8686

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Section Section 8787POACHING IN PHILIPPINE WATERS

VIOLATIONSTo fish or operate any fishing vessel by a

foreign person, corporation or entity in Philippine waters

PENALTIESFor commercial fishing boat captain and or

three (3) highest officers:1. Fine - $100,0002. Confiscation of catch, fishing equipment and

fishing vessel3. Administrative fine - $50,000 to $200,000/

equivalent Philippine currency

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VIOLATIONSTo fish with the use of electricity, explosives, noxious or poisonous (EENP) substances

Exceptions Possession of explosives-prima facie

evidence

PENALTIESImprisonment ranging from five (5) to ten (10) years plus forfeiture of EENP, fishing vessels / equipment and catch

FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, AND/OR ELECTRICITY

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VIOLATIONS Mere possession of explosive, noxious or poisonous substances or electro-fishing devices for illegal fishing

PENALTIESImprisonment ranging from six (6) months to two (2) years plus forfeiture of EENP, fishing vessels / equipment and catch

FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, AND/OR

ELECTRICITY

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VIOLATIONS Dealing in, selling, or in any manner disposing of, for profit, illegally caught / gathered fisheries

PENALTIESImprisonment ranging from six (6) months to two (2) years plus forfeiture of EENP, fishing vessels / equipment and catch

FISHING THROUGH EXPLOSIVES, NOXIOUS OR POISONOUS SUBSTANCE, AND/OR

ELECTRICITY

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VIOLATIONSTo use fine mesh nets

Exceptions: fry, glass eels, Elvers, Tabios, Alamang & other species wc by nature small but already mature;

Less than 3cms; FAO 155

PENALTIESThe Department may impose an administrative fine and/or cancel his permit or license.

USE OF FINE MESH NETS

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VIOLATIONS To use of active gear in municipal waters and

bays and other fishery management areas

Active fishing gear - Trawl, purse seine, danish seine, ring net, drive in-net, round haul seine, motorized push net, bagnet FAO 201 S. 2000

PENALTIES

1.Owner/operator of the vessel, fine of P2,000 to P20,000

2. Confiscation and forfeiture of catch 3. Boat captain and master fisherman

-imprisonment from 2 to 6 years

USE OF ACTIVE GEAR

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4 – Scissor net (municipal)4 – Scissor net (municipal)5 – Drive-in-net (municipal)5 – Drive-in-net (municipal)6 – Round haul seine (municipal)6 – Round haul seine (municipal)7 – Purse seine/ring net (municipal)7 – Purse seine/ring net (municipal)

1 – Beach seine (municipal)1 – Beach seine (municipal)2 – Trawl (commercial/municipal)2 – Trawl (commercial/municipal)3 – Fish corral (municipal)3 – Fish corral (municipal)

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VIOLATIONS

To gather, possess, sell or export ordinary, precious and semi-precious corals, whether raw or in processed form

Definition of Ordinary, Precious and Semi- Precious FAO 202

PENALTIES

1. Imprisonment - 6 mos to 2 years; and/or 2. Fine of P2,000 to P20,0003. Forfeiture of subject corals, vessel and its

proper disposition.

BAN ON CORAL EXPLOITATION AND EXPORTATION

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VIOLATIONSTo fish with gear method that destroys coral

reefs, seagrass bed and other fishery marien life habitat and to fish with the use of ‘muro-ami’ and any of its variation.

PENALTIES

1. Imprisonment from 2 to 10 years; and/or2. Fine not less than P100,000-P500,0003. Confiscation of substances taken

BAN ON MURO-AMI, OTHER METHODS AND GEAR DESTRUCTIVE TO CORAL

REEFS AND OTHER MARINE HABITAT

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VIOLATIONSTo gather, sell, or export white sand, silica,

pebbles, and any other substances which make up any marine habitat

PENALTIES

1. Imprisonment from 2 to 10 years; and/or2. Fine not less than P100,0003. Confiscation of substances taken

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VIOLATIONS Use of superlights in fishing in municipal waters

Prescribed wattage1) small- 20 KW per vessel2) Med.- 36 KW per vessel3) Large-40 KW per vessel

PENALTIES

1. Imprisonment from 6 months to 2 years; and/or

2. Fine of P5,000.00 per superlight3. Confiscation of superlights, fishing gears and

vessels

ILLEGAL USE OF SUPERLIGHTS

FAO 204.S.2000

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VIOLATIONS Convert mangroves into fishponds or for any

other purposes

PENALTIES1. Imprisonment - 6 yrs + 1 day to 12 years; 2. Fine - P80,000.00 3. Restoration of the damage

CONVERSION OF MANGROVES

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VIOLATIONSFishing

1) In Overfished Area2) During closed season

FAO 167- Nov 1 to March 15

PENALTIES1. Imprisonment from 6 months and 1 day to 6

years; and/or2. Fine of P6,000.003. Forfeiture of catch & cancellation of

permit/license

FISHING IN OVERFISHED AREA AND DURING CLOSED SEASON

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VIOLATIONS To fish

1)fishery reserves; 2)Refuge; and3)Sanctuaries

PENALTIES1. Imprisonment - 2 years to 6 years; and/or2. Fine -P2,000.00 to 20,000.00; and3. Forfeiture of catch and cancellation of

permit or license.

FISHING IN FISHERY RESERVES, REFUGE AND SANCTUARIES

MPA – no fishing allowedMPA – no fishing allowed

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VIOLATIONS Acts:

1) Fish2) Take

RTE as listed in the CITES and as determined by the Department FAO 208

PENALTIES1. Imprisonment -12 yrs to 20 yrs; and/or2. Fine- P120,000.003. Forfeiture of catch & cancellation of

permit

FISHING OR TAKING OF RARE, THREATENED OR ENDANGERED SPECIES

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Dolphins (FAO No. 185, 1992) Whale Sharks and Manta Rays

(FAO No. 193, 1998)

Sea Cows (DENR Admin. Order No. 55-91)

Giant Clam

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VIOLATION Catch Sabalo and other breeders as determined

by the DepartmentExceptions:1) Local breeding 2)Scientific 3)Research

Full grown bangus 60 cms in length FAO 129. S.1980

PENALTIES1. Imprisonment-6 months and 1 day to 8

years; and/or2. Fine of P80,000.003. Forfeiture of catch & cancellation of permit

CAPTURE OF SABALO AND OTHER BREEDERS / SPAWNERS

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VIOLATION Export

- Breeders, spawners, eggs or fry

PENALTIES1. Imprisonment- 8 years; and/or2. Fine-double the value3. Confiscation4. Revocation of License

EXPORTATION OF BREEDERS, SPAWNERS, EGGS OR FRY

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Section 100Section 100

VIOLATIONSExport or import of fish or fisheries species in

violation of this CodeFAO 195 S 1999- Rules on ImportsFAO 210 S 2001- Rules on Exports

PENALTIES1. Imprisonment- 8 years; and/or2. Fine-P 80,000.003. Destruction/ forfeiture of fish4. Banned to be members/stockholders of

companies engaged in fishing

IMPORTATION OR EXPORTATION OF FISH AND FISHERY SPECIES

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VIOLATIONS

To fish in violation of catch ceilings. Set by the Department

PENALTIES1. Imprisonment- 6 mos. & 1 day to 6 years;

and/or2. Fine-P 50,000.003. Forfeiture of fish, equipments4. Revocation of license

VIOLATION OF CATCH CEILINGS

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VIOLATIONS Introduction by human/machine substances/energy result/likely to result deleterious L&NL aquatic

resources Pose/real hazard to human Hinders aquatic activities Deforestation & unsound agricultural practices

Sec.4 (4) RA 8550

PENALTIES1. Imprisonment- 6 yrs to 12 yrs; &/or2. Fine-P 80,000 + P8,000/day

AQUATIC POLLUTION

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1.Failure to Comply with Minimum Safety Standards-

owner/captain,

fails to exhibit/ show proof

Compliance to standards

suspension of license to operate

2. Failure to Conduct a yearly Report

Fishponds, Fish pens and Fish Cages

Cancellation of FLA, fine P500/hectare or

P 1,000

Section 103 Other violationsSection 103 Other violations

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3. Gathering and Marketing of Shell Fishes- sexually mature, below min. size above max. quantities

4. Obstruction to navigation or Flow and Ebb of Tide in Stream, River, Lake or bay

5. Construction and operation of Fish Corrals/ Traps, pens, Cages- without a permit

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Fine- P2,000-P10,000

Imprisonment - 1 month & 1 day to 6 months or both

Adm. fine- not more than P 10,000

Impoundment-Sec./law enforcement agencywith assistance of PCG, PNP-MAR

Penalties . . .Penalties . . .

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VIOLATION

Commercial Fishing Vessel to employ unlicensed fisherfolk.

PENALTY

Fine- P 500 to P 1000 for each unlicensed crew

every month

EMPLOYING UNLICENSED FISHERFOLK OR FISHWORKER

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VIOLATION

To undertake any construction that will obstruct the paths mentioned in Sec. 2 of FAO 217 of migratory fishes, up to 1 km. seaward and 1 km upward of mouths of those rivers

MIGRATORY PASSAGES

1) Abra River (Abra, Mt. Province, Ilocos Sur);2)Bicol River Basin (Camarines Sur);3)Bisuangan-Kumalarang Rivers (Zamboanga del Sur)4)Blu-an;Lowo-el Rivers (South Cotabato);5)Butas River (Mindoro);6)Cagayan River System (Cagayan Valley)

OBSTRUCTION OF DEFINED MIGRATION PATHS

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Section 106Section 106

VIOLATIONS

Boat owner, master or operator Evades, obstructs, hinders Fishery Law

Enforcement Officer to perform his duty

PENALTIES1. Fine-P 10,000.00; and2. Cancellation of license

OBSTRUCTION TO FISHERY LAW ENFORCEMENT OFFICER

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SummarySummary

Prohibitions –designed to achieve Prohibitions –designed to achieve sustainable use of our resourcessustainable use of our resources

Challenge-Law Enforcement TeamChallenge-Law Enforcement Team Take a Step and LeadTake a Step and Lead

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Muchos Gracias!Muchos Gracias!

ra 8550

Documents

unauthorized fishing

subsistencesports fishing

fishing vesseladministrative

fishing equipment

fishing activity

general coastline

opposite shores

types of philippine