Professional Documents
Culture Documents
Republic Act No. 10654, entitled An Act to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing, Amending R.A. No. 8550, otherwise known as The Philippine Fisheries Code of 1998,
was enacted by Philippine Congress on December 1, 2014 and lapsed into law on February 27, 2015 without the
signature of the President, in accordance with Art. VI, Sec. 27(1), Constitution. The law took effect on March 23,
2015 after its publication.
Department Administrative Order No. 10, s. 2015 or the Implementing Rules and Regulations (IRR) of
R.A. No. 8550, as amended by R.A. No. 10654, was prepared by a Multi-Sectoral Drafting Committee convened
by BFAR, and was signed by the Secretary of Agriculture on September 23, 2015. The IRR, after its publication
on 25 September 2015, took effect on 10 October 2015.
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Republic Act No. 10654 amended certain sections of, and also added new provisions to R.A. No. 8550.
As a result, the Philippine Fisheries Code is now a combination of:
original sections of R.A. No. 8550 that were not changed;
amended sections of R.A. No. 8550 (the changes introduced by R.A. No. 10654 replaced the
original text); and
new sections/ provisions inserted by R.A. No. 10654.
Note that the ordering of sections still follows that of R.A. No. 8550, except that there is renumbering in
some parts as a result of the insertion of new provisions.
The Implementing Rules and Regulations (IRR) of the Fisheries Code (DAO 10, s. 2015) is now
integrated, taking into consideration both laws. All regulations (Fisheries Administrative Orders) issued by DA-
BFAR implementing R.A. No. 8550 remain in effect, unless explicitly or impliedly superseded.
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Annex 1 lists the violations and corresponding penalties under R.A. Nos. 8550 and 10654. Annexes 2 &
3 show the presumptions and additional rules established by R.A. No. 10654.
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What are the significant changes introduced by R.A. No. 10654?
1. Regulatory mechanisms to address illegal, unreported and unregulated (IUU) fishing
a) Penalties for engaging in IUU fishing
b) Reportorial requirements for fish catch
c) Deployment of Fisheries Observer
d) Adoption of a Monitoring, Control and Surveillance and Traceability System for Municipal
Fishing Vessel
e) Implementation of Boarding and Inspection Protocols
f) Implementation of Vessel Monitoring Measures and Vessel Monitoring System
g) Adoption and Implementation of Port State Measures
h) Trade-Related Measures on IUU Fishing-Derived Products
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1. Regulatory mechanisms to address illegal,
unreported and unregulated (IUU) fishing
Republic Act. No. 10654 introduced a number of regulatory mechanisms to address IUU fishing, including:
a) Penalties for IUU fishing, as shown above
b) Reportorial requirements for fish catch
c) Deployment of Fisheries Observer
d) Adoption of a Monitoring, Control and Surveillance and Traceability System for Municipal Fishing
Vessel
e) Implementation of Boarding and Inspection Protocols
f) Implementation of Vessel Monitoring Measures and Vessel Monitoring System
g) Adoption and Implementation of Port State Measures
h) Trade-Related Measures on IUU Fishing-Derived Products
SEC. 88. (a) It shall be unlawful for any person Upon a summary finding of Rule 88.1. Monitoring.
Failure to to fish in the high seas, in the administrative liability, the owner, The fishing
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Secure Fishing territorial seas, archipelagic waters, operator, and the three (3) highest vessel/company that
Permit Prior to and Exclusive Economic Zones of officers of the commercial fishing was able to obtain a
Engaging in other states using a Philippine vessel who violate this section, shall be fishing license/permit
Distant Water flagged fishing vessel without first punished with confiscation of the catch to conduct fishing in
Fishing securing a fishing permit from the and gear and an administrative fine the waters of another
Department and authorization from equivalent to five (5) times the value of coastal state shall
the coastal state. the catch or the amount indicated submit a copy of
below, whichever is higher: license/permit to fish
The discovery of any person in (1) Two million pesos (P2,000,000.00) to the DA-BFAR,
possession of a fishing gear or to Nine million pesos within thirty (30) days
operating a fishing vessel in the (P9,000,000.00) for small-scale from the actual receipt
abovementioned areas without a commercial fishing; of the license. Upon
fishing permit from the Department (2) Ten million pesos (P10,000,000.00) failure of the grantee
or authorization from the coastal to Fifteen million pesos to explain the reason
state shall constitute a prima facie (P15,000,000.00) for medium-scale for the non-
presumption that the person is in commercial fishing; and compliance, within
violation of this provision. (3) Sixteen million pesos thirty (30) calendar
(P16,000,000.00) to Twenty days from receipt of
million pesos (P20,000,000.00) for the demand from DA-
(b) It shall be unlawful for an owner large-scale commercial fishing BFAR, the company
or operator, and the three (3) vessels less than seven hundred will be subjected to
highest officers, of a commercial fifty (750) gross tons, and Twenty- administrative action
fishing vessel to commit acts that five million pesos in accordance with
are in contravention of the terms (P25,000,000.00) to Forty-five law.
and conditions stated in the fishing million pesos (P45,000,000.00) for
permit or as may be promulgated large-scale commercial fishing
by the Department. vessels seven hundred fifty (750)
gross tons or more.
SEC. 89. It shall be unlawful for any person to Upon a summary finding of Rule 89.1 Reportorial
Unreported engage in unreported fishing or to fail administrative liability, the owner or Requirements for
Fishing to comply with the reportorial operator of the municipal or CFVL holder. The
requirements in Section 38 of this commercial fishing vessel and the three owners and operators
Code. (3) highest officers of the commercial of commercial fishing
fishing vessel who commit unreported vessels issued with
fishing within waters of national CFVL by the DA-
jurisdiction shall be punished by an BFAR shall comply
administrative fine equivalent to the with the reportorial
value of the catch or the amount requirements provided
indicated below, whichever is higher: in Sec. 38 of this
(1) Five thousand pesos (P5,000.00) for Code.
municipal fishing: Provided, That if
the offender fails to pay the fine, he Rule 89.2 Reportorial
shall render community service; Requirements for
(2) One hundred thousand pesos Distant Water Fishing
(P100,000.00) for small-scale Permittee. The
commercial fishing; owners and operators
(3) Two hundred thousand pesos of distant water fishing
(P200,000.00) for medium-scale vessels issued with
commercial fishing; and distant water fishing
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(4) Five hundred thousand pesos permits shall comply
(P500,000.00) for large-scale with the reportorial
commercial fishing. requirements of the
coastal state or the
In case of unreported fishing relevant RFMO in
committed in waters beyond national addition to the
jurisdiction, the owner, operator, and reportorial
the three (3) highest officers of the requirements
commercial fishing vessel shall be provided in Section 38
penalized with an administrative fine of this Code.
equivalent to five (5) times the value of
the catch or the amount indicated Rule 89.3. Terms and
below, whichever is higher: Conditions. The DA-
(1) Two million pesos (P2,000,000.00) BFAR, shall
to Nine million pesos incorporate in the
(P9,000,000.00) for small-scale terms and conditions
commercial fishing; of the CFVL and the
(2) Ten million pesos (P10,000,000.00) Distant Water Fishing
to Fifteen million pesos Permit, the
(P15,000,000.00) for medium-scale compliance by the
commercial fishing; and holder with the
(3) Sixteen million pesos reportorial
(P16,000,000.00) to Twenty million requirements provided
pesos (P20,000,000.00) for large- in Sec. 38, and those
scale commercial fishing vessels of the coastal state or
less than seven hundred fifty (750) the relevant RFMO. If
gross tons, and Twenty-five million practicable, the
pesos (P25,000,000.00) to Forty- specific procedures for
five million pesos (P45,000,000.00) the compliance of the
for large-scale commercial fishing reportorial
vessels seven hundred fifty (750) requirements must
gross tons or more. also be stated in the
terms and conditions
Upon conviction by a court of law, the of the license or
three (3) highest officers of the permit.
commercial fishing vessel shall suffer
the penalty of imprisonment of six (6)
months and a fine equivalent to twice
the amount of the administrative fine,
and confiscation of catch and gear.
SEC. 90. It shall be unlawful for any person to Upon a summary finding of Rule 90.1 Jurisdiction.
Unregulated engage in unregulated fishing in administrative liability, the owner, Unregulated fishing
Fishing waters within and beyond national operator, of the municipal or as defined in Sec.4
jurisdiction. commercial fishing vessel and the three (87) of this Code,
(3) highest officers of the commercial committed in waters
fishing vessel who commit unregulated beyond national
fishing within waters of national jurisdiction, by a
jurisdiction shall be punished by Filipino or a Filipino
confiscation of catch and gear and an corporation, shall be
administrative fine equivalent to the prosecuted exclusively
value of the catch or amount indicated by the Philippine
below, whichever is higher: government. If the
(1) Five thousand pesos (P5,000.00)) unregulated fishing
for municipal fishing: Provided, was committed in a
That if the offender fails to pay the coastal state, there
fine, he shall render community shall be concurrent
service; jurisdiction for
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(2) One hundred thousand pesos purposes of
(P100,000.00) for small-scale prosecution.
commercial fishing;
(3) Two hundred thousand pesos Rule 90.2 Unregulated
(P200,000.00) for medium-scale Fishing in Philippine
commercial fishing; and waters. The
(4) Five hundred thousand pesos following are
(P500,000.00) for large-scale considered
commercial fishing. unregulated fishing in
Philippine waters:
In case of unregulated fishing 1. the act of a
committed in waters beyond national fisherman or
jurisdiction, the owner, operator, and fisherfolk of
the three (3) highest officers of the working in an
commercial fishing vessel shall be unregistered fishing
penalized with confiscation of catch vessel; or,
and gear, and an administrative fine 2. the act of a
equivalent to five (5) times the value of corporation or
the catch or the amount indicated enterprise of
below, whichever is higher: operating an
(1) Two million pesos (P2,000,000.00) unregistered fishing
to Nine million pesos vessel.
(P9,000,000.00) for small-scale
commercial fishing;
(2) Ten million pesos (P10,000,000.00)
to Fifteen million pesos
(P15,000,000.00) for medium-scale
commercial fishing; and
(3) Sixteen million pesos
(P16,000,000.00) to Twenty
million pesos (P20,000,000.00) for
large-scale commercial fishing
vessels less than seven hundred
fifty (750) gross tons, and Twenty-
five million pesos
(P25,000,000.00) to Forty-five
million pesos (P45;000,000.00) for
large-scale commercial fishing
vessels seven hundred fifty (750)
gross tons or more.
Sec. 121. Use of Any person who uses a fishing gear or upon a summary finding of Rule 121.1.
Unlicensed method for commercial fishing administrative liability, be fined from Regulation. This
Gear without license from the Department Two hundred thousand pesos section shall be
xxx, (P200,000.00) to Five hundred implemented in
thousand pesos (P500,000.00) per gear accordance with
depending on the seriousness of the Section 29 of this
violation. Code.
Commercial fishing vessels are required to record and report daily catch:
Philippine Fisheries Code IRR (In relation to Sec. 89 of the Code)
Sec. 38. Reportorial Requirements. Each Rule 89.1 Reportorial Requirements for CFVL holder. The owners and
commercial fishing vessel shall keep a daily operators of commercial fishing vessels issued with CFVL by the DA-
record of fish catch and spoilage, landing points, BFAR shall comply with the reportorial requirements provided in Sec. 38
and quantity and value of fish caught, and off- of this Code.
loaded for transhipment, sale and/ or other
disposal. Detailed information shall be duly Rule 89.2 Reportorial Requirements for Distant Water Fishing Permittee.
certified by the vessels captain and transmitted The owners and operators of distant water fishing vessels issued with
to BFAR within the period prescribed in the distant water fishing permits shall comply with the reportorial
implementing rules and regulations promulgated requirements of the coastal state or the relevant RFMO in addition to the
by the Department. Failure to comply shall reportorial requirements provided in Section 38 of this Code.
result to administrative and penal sanctions.
Rule 89.3. Terms and Conditions. The DA-BFAR, shall incorporate in
Sec. 89. Unreported Fishing. It shall be the terms and conditions of the CFVL and the Distant Water Fishing
unlawful for any person to engage in unreported Permit, the compliance by the holder with the reportorial requirements
fishing or to fail to comply with the reportorial provided in Sec. 38, and those of the coastal state or the relevant RFMO.
requirements in Section 38 of this Code. xxx If practicable, the specific procedures for the compliance of the reportorial
requirements must also be stated in the terms and conditions of the license
or permit.
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c) Deployment of Fisheries Observer
Sec. 116. Noncompliance with Fisheries Observer Coverage. (a) It shall be unlawful for Philippine
distant water fishing vessel to sail without a fisheries observer on board as required by RFMO conservation and
management measures. (b) It shall be unlawful for commercial fishing vessels to sail without a fisheries observer
in compliance with this Code and the rules and regulations promulgated by the Department. Upon a summary
finding of administrative liability, an offender shall be punished with a fine of Five hundred thousand pesos
(P500,000.00) and forfeiture of the catch and gear. Upon conviction by a court of law, the offender shall be
punished with imprisonment of one (1) month and one (1) day to six (6) months and fine of twice the amount of
the administrative fine, confiscation of catch and suspension or cancellation of license.
Rule 116.1. Coverage. The following vessels shall be covered by the fisheries observer requirement of
Section 116, based on the following schedule and observer rates:
Vessel tonnage/type of vessel Schedule from effectivity of the Observer rate in Philippine
IRR Pesos
500 GT and above Within six (6) months 1,200.00
300 to 499 GT After one (1) year 1,000.00
200.01 to 299 GT After two (2) years 1,000.00
Domestic purse seine and ring net During FAD closure period 1,200.00
catcher vessels primarily catching
tuna and tuna-like species
Provided, that one (1) year from the effectivity of this IRR, the BFAR, in consultation with the stakeholders, shall
determine the successive schedules for the vessels not yet covered by the above schedule. Provided further, that
in case of development of a new technology that could perform the functions of an observer, then such
technology may be utilized in view of an observer.
Rule 116.2. Interpretation. For purposes of this Section, an observer is required only upon reaching
the fishing ground and during actual fishing operations.
Rule 116.3. Fisheries Observers Fees and Accommodations. The conditions, mechanics, terms of
reference, qualifications, code of conduct, cost, fees, accommodation for observer coverage shall be governed by
rules promulgated by the Department.
Vessel Monitoring System - a satellite-based system used to track and monitor the position, course and speed of
the vessels at any given time for the purpose of management of fishing effort and fisheries resources and for
traceabilty.
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municipal fishing or community service in
case of failure to pay the fine;
(2) Two hundred fifty thousand pesos
(P250,000.00) for small-scale commercial
fishing;
(3) Five hundred thousand pesos (P500,000.00)
for medium-scale commercial fishing; and
(4) Two million five hundred thousand pesos
(P2,500,000.00) for large-scale commercial
fishing.
In case of violation committed in waters
beyond national jurisdiction, the administrative fine
shall be equivalent to five times the value of the
catch or twice the amount indicated above,
whichever is higher.
Upon conviction by a court of law, the
master or any other person acting on behalf of the
vessel owner shall be punished with imprisonment
of six (6) months to two (2) years and fine twice the
amount of the administrative fine, confiscation of
catch and suspension or revocation of the license.
Under Rule 119.2. Implementation of the VMM. Based on the following schedule, the VMM
requirement shall be implemented for catcher commercial fishing vessels of 30 GT and above operating in
Philippine waters:
Vessel tonnage Schedule of Implementation from effectivity of IRR
Above 200 GT Within Six (6) months
150 to 200 GT Within one (1) year
100 to 149 GT Within two (2) years
50 to 99 GT Within three (3) years
30 to 49 GT Within four (4) years
Provided, that within one (1) year from the effectivity of the IRR, the DA-BFAR shall determine the appropriate
VMM technology and the corresponding schedule to cover the vessels not included in the above schedule, upon
consultation with stakeholders, following the process stated in Rule 65.2.
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2. Improved enforcement against
violations of the Fisheries Code
Among the functions of BFAR (Sec. 65):
xxx
(z) initiate the criminal prosecution of offenses committed in violation of this Code regardless of their situs.
RA No. 10654 significantly increased the penalties for violations of the Fisheries Code. Annex 1 lists
the violations and corresponding penalties under R.A. Nos. 8550 and 10654. Annexes 2 & 3 shows the
presumptions and additional rules established by RA 10654.
All penalties under the Fisheries Code may be increased by as much as 10% every three years, without
Congress having to amend the law:
In addition to the specific acts penalized, the Fisheries Code classified certain acts as serious violation,
defined in Section 4, as follows:
xxx
(82) Serious Violation means any of the following violations of the provisions of this Code:
(a) Fishing without a valid license, authorization or permit;
(b) Fishing without reporting the catch or misreporting the catch;
(c) Fishing in a closed area or during a closed season;
(d) Fishing of prohibited species;
(e) Fishing with the use of prohibited gear or methods;
(f) Falsifying, concealing or tampering with vessel markings, identity or registration to conceal vessel
identity or lack of registration;
(g) Concealing, tampering or disposing of evidence relating to an investigation of a violation;
(h) Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly obstructing or
delaying a fisheries law enforcer, authorized inspector or observer or other duly authorized government
officer;
(i) Intentionally tampering with or disabling the vessel monitoring system; and
(j) Committing multiple violations which taken together constitute a serious disregard of this Code.
Sec. 135. Accompanying Administrative Sanctions for Serious Violations. The Adjudication
Committee may impose the following additional sanctions to the administrative penalties imposed for serious
violations:
(1) confiscation of fishing gear;
(2) impoundment of fishing vessel;
(3) temporary suspension or permanent revocation of license or permit;
(4) temporary or permanent ban from the availment of applicable duty and tax rebates;
(5) inclusion in the IUU fishing vessel list;
(6) denial of entry and other port services;
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(7) blacklisting; and
(8) increase in the amount of fines but not to exceed five (5) times the value of the catch. In case of repeated
violations within a five-year period, the amount of fine may be increased up to eight (8) times the value
of the catch.
During the pendency of the administrative or the criminal case, the Department may impound the
vessel/conveyance, gear and other paraphernalia used in the commission of the offense.
In applying these accompanying sanctions, the Department shall take into account the seriousness of the
violation as defined in Paragraph 82 of Section 4 of this Code, the habituality or repetition of violation, manner
of commission of the offense, severity of the impact on the fishery resources and habitat, socioeconomic impact,
cases of concealment or destruction of evidence, eluding arrest, resisting lawful orders, and other analogous
circumstances.
The overall level of sanctions and accompanying sanctions shall be calculated in a manner that is
proportionate, effective and dissuasive to deprive the offender of the economic benefits derived from the serious
violation.
The Fisheries Code now includes community service as an option for payment of fine for violations
committed by municipal fisherfolk:
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d) Lien on Property
In order to ensure the payment of fines and other monetary penalties, a lien is imposed on the properties
of the violator:
The Fisheries Code now includes citizen suits and SLAPP suit provisions for accountability:
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3. Modification of some regulated/ prohibited acts
a) Amended Definition of Active Fishing Gear
The definition of what is an "active fishing gear" has changed. The amendment removed 'gear
movement', 'lifting' and 'pumping' actions in the definition. It also excluded 'bag nets' and 'tuna longline' as
active fishing gears.
Drift gillnet, as an active gear, refers to large-scale drift gill net which is more than 500 meters in length
and has an impact on the by-catch of threatened, protected and endangered species. (Rule 4.1(b))
Additionally, the following fishing gears/methods and their variations are considered destructive to coral
reefs, seagrass, seabeds, and other fishery marine life habitat: (a) Muro-ami and Kayakas; and, (b) Danish
Seine and modified Danish Seine (Rule 97.1)
The IRR also excludes the following gears from the coverage of prohibited active gears in municipal
waters, bays and other fishery management areas:
1) Gill nets, other than bottom-set gill nets, not more than 500 meters in length per boat used by registered
municipal fisherfolk, which shall be regulated by the LGU;
2) "Sudsud" or push net used to catch Acetes sp. "alamang" and Stolephorus sp. "dilis," which is operated
by a registered municipal fisherfolk/fisherfolk cooperative/association, either manually or by the use of a
registered and licensed municipal motorized boat with single piston engine of not more than sixteen (16)
horsepower, during approved fishing season for the species, and covered by a management plan duly
approved by the LGU.
3) Active gears such as purse seine or "pangulong", ring net or "taksay" and such other gears that do not
touch the sea bottom, used by small and medium commercial fishing vessels authorized by the LGU
pursuant to Section 18 of this Code and pertinent rules,1 to fish in the 10.1 to 15 km. of municipal waters
only, as reckoned from general coastline. (Rule 95.2)
The IRR clarifies that active gear may be used by small-scale commercial fishing vessels
authorized by LGUs within municipal waters, subject to conditions provided by law.
1
Minutes of the Bicameral Committee Conference of the Tenth Congress, Feb. 18, 1998, pages 83 to 85
17
Philippine Fisheries Code IRR
Sec. 18. Users of Municipal Waters. All fishery Rule 18.1. Guidelines. The municipality/city
activities in municipal waters, as defined in this government, which intends to allow the entry of
Code, shall be utilized by municipal fisherfolk and commercial fishing boats in 10.1 to 15 km. from the
their cooperatives/organizations who are listed as coastline of municipal waters, shall:
such in the registry of municipal fisherfolk.
a. Establish the boundaries of the allowable areas
The municipal or city government, however, may, for commercial fishing: The concerned municipality
through its local chief executive and acting pursuant and city government may seek the assistance of the
to an appropriate ordinance, authorize or permit Department and/or the National Mapping and
small and medium commercial fishing vessels to Resource Information Authority (NAMRIA) in
operate within the ten point one (10.1) to fifteen establishing the boundaries and isobath depth of
(15) kilometer area from the shoreline in municipal waters;
waters as defined herein, provided, that all the
following are met: b. Conduct a public hearing, in consultation with
FARMCs, to present the following: (1) a map
a. no commercial fishing in municipal waters with showing the areas of the municipal waters where
depth less than seven (7) fathoms as certified by small and medium commercial fishing vessels may
the appropriate agency; be allowed to operate; (2) the type of fishing vessels
and gears that may be allowed in such waters; and
b. fishing activities utilizing methods and gears
(3) the draft municipal fisheries ordinance
that are determined to be consistent with
permitting such commercial fishing operations;
national policies set by the Department;
c. prior consultation, through public hearing, with
c. Enact appropriate municipal fisheries ordinance.
the M/CFARMC has been conducted; and
d. The applicant vessel as well as the shipowner,
Rule 18.2. Fishing Methods and Gears. For
employer, captain and crew have been certified
purposes of Section 18 (b) and Rule 18.1. b.(2), in
by the appropriate agency as not having violated
addition to passive gears, small and medium
this Code, environmental laws and related laws.
commercial fishing vessels, may be allowed to use
active gears such as purse seine or "pangulong",
In no case shall the authorization or permit ring net or "taksay" and such other gears that
mentioned above be granted for fishing in bays as do not touch the sea bottom.2 (emphasis supplied)
determined by the Department to be in an
environmentally critical condition and during closed
season as provided for in Section 9 of this Code.
Sec. 95. Use of Active Gear in Municipal Waters, Rule 95.1. Review of Regulations. The DA-BFAR
Bays and Other Fishery Management Areas. It shall review and revise FAO No. 201, Series of
shall be unlawful to engage in fishing in municipal 2000, to implement this section in accordance with
waters and in all bays as well as other fishery Rule 65.2: provided, that said FAO shall be
management areas using active fishing gears as implemented pending the promulgation of the
defined in this Code. revised regulation.
Upon a summary finding of administrative liability, Rule 95.2. Exceptions. The following gears are
the owner, operator, boat captain and master not covered by the prohibition:
fisherman of the vessel, or the chief executive
officer in a corporation, or the managing partner in a 1) Gill nets, other than bottom-set gill nets, not
partnership shall be punished with confiscation of more than 500 meters in length per boat used by
the catch and fishing gears, and a fine three (3) registered municipal fisherfolk, which shall be
times the value of the catch or the value indicated regulated by the LGU;
below, whichever is higher:
2) "Sudsud" or push net used to catch Acetes sp.
"alamang" and Stolephorus sp. "dilis," which is
2
Minutes of the Bicameral Committee Conference of the Tenth Congress, Feb. 18, 1998, pages 83-85
18
(1) Twenty thousand pesos (P20,000.00) for operated by a registered municipal
municipal fishing: Provided, That if the offender fisherfolk/fisherfolk cooperative/association, either
fails to pay the fine, he shall render community manually or by the use of a registered and licensed
service; municipal motorized boat with single piston engine
of not more than sixteen (16) horsepower, during
(2) Fifty thousand pesos (P50,000.00) for small- approved fishing season for the species, and covered
scale commercial fishing; by a management plan duly approved by the LGU.
The use of light in fishing has evolved due to new technologies. The Fisheries Code now
recognizes and regulates fishing light attractors using technologies other than halogen or metal halide
bulbs:
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shall be regulated by the local those using technologies that may hereinafter be developed or become
government units. available.
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4. Administrative penalties and adjudication of violations
The Fisheries Code now provides for both administrative and criminal penalties for the same
prohibited acts (See Annex 1). An Adjudication Committee hears and decides administrative cases, while
criminal cases are heard and decided by regular courts. The Fisheries Code does not establish priority or
preference of filing either administrative or criminal cases, therefore, both can be filed simultaneously and
proceed independently.
In administrative law, a quasi-judicial proceeding involves (a) taking and evaluating evidence; (b)
determining facts based upon the evidence presented; and (c) rendering an order or decision supported by
the facts proved. (Secretary of Justice v. Lantion, G.R. No. 139465, 18 January 2000, 379 Phil 165 (2000))
The exercise of quasi-judicial functions involves a determination, with respect to the matter in controversy,
of what the law is; what the legal rights and obligations of the contending parties are; and based thereon
and the facts obtaining, the adjudication of the respective rights and obligations of the parties. (Doran v.
Executive Judge Luczon, Jr., G.R. No. 151344, 26 September 2006)
Quasi-judicial or administrative adjudicatory power on the other hand is the power of the
administrative agency to adjudicate the rights of persons before it. It is the power to hear and determine
questions of fact to which the legislative policy is to apply and to decide in accordance with the standards
laid down by the law itself in enforcing and administering the same law. The administrative body exercises
its quasi-judicial power when it performs in a judicial manner an act which is essentially of an executive or
administrative nature, where the power to act in such manner is incidental to or reasonably necessary for
the performance of the executive or administrative duty entrusted to it. In carrying out their quasi-judicial
functions the administrative officers or bodies are required to investigate facts or ascertain the existence of
facts, hold hearings, weigh evidence, and draw conclusions from them as basis for their official action and
exercise of discretion in a judicial nature. (Encinas vs. Agustin G.R. No. 187317, April 11, 2013 citing
Bedol v. Commission on Elections, G.R. No. 179830, 03 December 2009)
b) Adjudication Committee
The Secretary of Agriculture appoints an Adjudication Committee to hear and decide cases of
violation of the Fisheries Code subject to administrative fines:
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administrative fines and Director of BFAR, as Chairperson, and the following four (4) other
penalties provided in this members to be designated by the Secretary:
Code. a) BFAR Assistant Director for Technical Services;
For this purpose, the b) BFAR Assistant Director for Administrative Services;
Department shall organize c) Representative of the municipal fisherfolk sector in the NFARMC;
and designate the and,
composition of the d) Representative of the commercial fishing sector in the NFARMC.
Adjudication Committee,
which shall be composed of The NFARMC members representing the municipal fisherfolk sector and
the bureau director as commercial fishing sector shall choose their respective representative to
chairperson and four (4) the Adjudication Committee.
other members to be
designated by the Secretary. The term of membership of the representatives of the municipal
fisherfolk and commercial fishing sectors in the Adjudication Committee
shall end upon the expiration of their term as members of the NFARMC.
Provided that, the incumbent members of the Adjudication Committee
shall serve in a holdover capacity until such time that their successors are
appointed.
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tecum and ad testificandum
in administrative cases
before it.
Sec. 131. Commencement of Summary Administrative Action. The Department shall, on its own
instance or upon verified complaint by any person, institute administrative proceedings against any person
who violates any order, rule or regulation issued by the Department, pursuant to this Code.
d) Offer to Settle
The IRR allows offenders to make an offer of settlement prior to the commencement of any criminal action
in two instances, namely prior to filing an answer or a responsive pleading or prior to the rendition of a
decision in the administrative case, based on a minimum percentage of the imposable penalty.
In case the formula is inapplicable, the rate in Rule 131.2 shall apply.
Rule 131.4 A settlement, through the written offer of the offender, approved by the Adjudication
Effect of Committee, shall not be considered as admission of any liability, provided, that an offer
entering into a to settle made and accepted after the filing of an Answer or any responsive pleading, but
settlement. before the promulgation of judgment, shall warrant a higher rate.
R.A. No. 10654 enumerates powers that may be exercised by BFAR in relation to administrative offenses:
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Philippine Fisheries Code IRR
Sec. 132. Power to Issue Cease and Rule 132.1 Cease and Desist Order. The DA-BFAR Director and
Desist Orders and to Summarily the Regional Directors are hereby deputized to issue Cease and
Evict Without the Necessity of Desist Orders upon violators of this Code or other fishery laws,
Judicial Order. The Department rules and regulations, after compliance with the guidelines
shall, subject to the requirements of promulgated by the Adjudication Committee.
administrative due process, issue
cease and desist order/s upon Rule 132. Summary Ejectment Order. The BFAR Director and
violator/s and to summarily eject, the Regional Directors are hereby deputized to issue Summary
without the necessity of judicial Ejectment Orders to implement the decision of the Adjudication
order, the holder of FLA, other Committee in FLA-related cases or other cases involving violations
tenurial instrument, permit or license of this Code, after compliance with the guidelines promulgated by
from areas of the public domain the Adjudication Committee.
covered by such FLA, tenurial
instrument, permit or license.
Sec. 133. Authority of the Director of Rule 133.1 Notice of Violation. The authorized representatives of
the BFAR or the Duly Authorized the Bureau shall issue Notices of Violation (NOV) of this Code or
Representative to Issue Notice of other fishery laws, rules and regulations immediately upon
Violation and Order Confiscation. apprehension or arrest of the offender. The NOV shall be issued to
In all cases of violations of this Code the offender, owner on record of the vessel or gear. The arresting
or other fishery laws, rules and officer shall ensure receipt of the NOV.
regulations, the Director of the
BFAR or the duly authorized Rule 133.2 Seizure Receipt. A Seizure Receipt shall be issued to
representative, may issue notice of the offender together with the NOV containing an inventory of
violation and order the confiscation fish, fishery species or aquatic resources that are subjects or
of any fish, fishery species or aquatic proceeds of the offense committed and all fishing equipment,
resources illegally caught, taken or paraphernalia and gears that may be confiscated as provided for by
gathered, and all equipment, law. Such receipt shall be signed by the authorized representative
paraphernalia and gears in favor of of the Bureau and a witness.
the Department, academic
institutions or LGUs and to dispose A Proof of Receipt, attesting to the fact that the offender was
of the same in accordance with issued an NOV, and a Seizure Receipt, shall likewise be prepared
pertinent laws, rules, regulations and by the authorized representative of the DA-BFAR, for the signature
policies on the matter. of the offender; Provided that, if the offender refuses to sign the
receipt, such fact shall be indicated in the document and attested to
by the authorized representative of the Bureau and a witness.
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government, regardless of a settlement, the following:
Sec. 135. Accompanying Rule 135.1. Habituality. For purposes of determining habituality
Administrative Sanctions for Serious in the imposition of additional sanctions for serious violations, a
Violations. The Adjudication habitual offender is a person who of had previously been convicted
Committee may impose the or found administratively liable, of the same offense or of three
following additional sanctions to the serious violations within a period of three (3) years.
administrative penalties imposed for
serious violations:
(1) confiscation of fishing gear;
(2) impoundment of fishing
vessel;
(3) temporary suspension or
permanent revocation of
license or permit;
(4) temporary or permanent ban
from the availment of
applicable duty and tax
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rebates;
(5) inclusion in the IUU fishing
vessel list;
(6) denial of entry and other port
services;
(7) blacklisting; and
(8) increase in the amount of
fines but not to exceed five
(5) times the value of the
catch. In case of repeated
violations within a five-year
period, the amount of fine
may be increased up to eight
(8) times the value of the
catch.
Sec. 140. Fisheries National Rule 140.1. Development of a Fisheries National Administrative
Administrative Register. The Register. The Adjudication Committee, shall, within three (3)
Adjudication Committee shall enter months from the effectivity of this IRR, develop and maintain a
in a Fisheries National Fisheries National Administrative Register.
Administrative Register, which shall
be publicly available, all decisions,
resolutions or orders involving
violations of this Code, particularly
serious violations committed by
Philippine flagged vessels or by
Philippine nationals and cases on
poaching or involving foreigners,
including the penalties imposed.
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5. Broadening options for harvest control
Among the functions of BFAR (Sec. 65):
(a) prepare and implement a Comprehensive National Fisheries Industry Development Plan;
xxx
(r) formulate and implement rules and regulations for the conservation and management of
straddling fish stocks, highly migratory fish stocks and threatened living marine resources such as
sharks, rays and ludong, inter alia, in the Philippine Exclusive Economic Zone, territorial sea,
archipelagic and internal waters, in coordination with LGUs and integrated/municipal/city Fisheries
and Aquatic Resources Management Councils;
xxx
(v) adopt and implement a national plan of action to manage fishing capacity, implement the
international code of conduct for responsible fisheries, and declare fishery management areas as
over-exploited in coordination with the LGUs and FARMCs;
-o-
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holders for renewal of their license; provided, that they have
no record of violation of the terms and conditions of their
license.
Sec.8. Harvest Control Rules and Rule 8.1. Reference Points. Within one (1) year from the
Reference Points. The Secretary may effectivity of this IRR, the DA- BFAR shall determine the
establish reference points and harvest Target Reference Points (TRP) and the Limit Reference
control rules in a fishery management area Points (LRP), and the Harvest Control Rules (HCR) to
or for a fishery: Provided, however, That achieve TRP and to avoid LRP in all fishing grounds or
in municipal waters and fishery fishery management areas, based on the results of national
management areas, and waters under the stock assessments, the precautionary principle and the process
jurisdiction of special agencies, Harvest stated in Rule 65.2, among others.
Control Rules and Reference Points may
be established upon the concurrence and Rule 8.2. Harvest Control Rules for Limit Reference Points.
approval or recommendation of such Once the LRP is reached, the following HCR shall be
special agency and the concerned LGU in implemented after compliance with Rule 65. 2:
consultation with the FARMC for
conservation or ecological purposes.
a) Limitation on fishing effort. The fishing effort per
fishing ground or fishery management area shall be
maintained at existing levels and no additional new
licenses shall be issued;
b) Determination of priority access for renewal of
licenses. Licensees of CFVL who have been timely
and consistently submitting catch reports shall have
priority access to the fishing ground through the
renewal of their licenses. However, licenses shall not
be renewed if the licensees have been found guilty by a
court of a Serious Violation as defined in this Code;
c) Declaration of a closed season A closed season,
either spatial, temporal or by gear or fishing method,
may be declared as appropriate;
d) Reduction by attrition. As an extreme measure when
the resource is at its critical level, decommissioned
vessels shall not be replaced; and,
e) Other measures Other measures may be adopted
when necessary.
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recommendation of such special agency
and the concerned LGU and
FARMC: Provided, further, That in
municipal waters, fishery management
areas and other areas reserved for the use
of the municipal fisherfolk, closed season
may be established by the concerned LGU
in consultation with the FARMC for
conservation or ecological purposes. The
FARMCs may also recommend the
establishment of closed seasons in
municipal waters, fisheries management
and other areas reserved for the use of
municipal fisherfolk.
Sec. 33. Importation, Construction of New Rule 33.1. Regulation. The DA-BFAR shall, within one (1)
Fishing Vessels and Gears and year from the effectivity of this IRR, revise FAO No. 198,
Conversion of Other Vessels. Prior to the Series of 2000, as rules for the implementation of this
importation or the construction of new Section. In the meantime, an applicant shall secure from DA-
fishing vessels or gears, or the conversion BFAR a clearance to import or construct, or convert a vessel
into a fishing vessel, the subject to the provisions of FAO No. 253, series of 2014.
approval/clearance of the Department
must first be obtained in order to manage Rule 33.2. Approval of Application for Clearance. Unless
fishing capacity. otherwise disapproved for cause, a complete application for
clearance is deemed approved, if not acted upon within fifteen
(15) working days from receipt of the completed application
and documentary requirements.
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6. Recognition of and alignment with international agreements
Section 2, Declaration of Policies, now includes:
xxx
(c) xxx The Philippines shall pursue its commitment to international conventions and cooperate
with other states and international bodies, in order to conserve and manage threatened , aquatic
species, straddling and highly migratory fish stocks and other living marine resources;
Distant water fishing vessels shall comply with the Rule 32.4. Exception from Applicable Immigration
monitoring, control and surveillance requirements, and Customs Regulations. Philippine-registered
conservation and management measures, and fishing vessels engaged in fishing operations in the
fishing access conditions of the Department, the Philippine 200 miles Exclusive Economic Zone and
RFMO, or other coastal states. beyond shall be exempted from applicable
immigration and customs laws and its implementing
rules.
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7. Adoption of precautionary and ecosystem-based
management approaches
Section 2, Declaration of Policies, now includes:
xxx
(f) To adopt the precautionary principle and manage fishery and aquatic resources, in a manner
consistent with the concept of an ecosystem-based approach to fisheries management and integrated
coastal area management in specific natural fishery management areas, appropriately supported by
research, technical services and guidance provided by the State;
-o-
Definition (Sec. 4):
xxx
(60) Marine Protected Area means a defined area of the sea established and set aside by law,
administrative regulation, or any other effective means in order to conserve and protect a part of or
the entire enclosed environment through the establishment of management guidelines. It is
considered a generic term that includes all declared areas governed by specific rules or guidelines in
order to protect and manage activities within the enclosed area.
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8. Fisheries Management Fund
RA 10654 creates a Fisheries Management Fund to be funded from fines and penalties imposed under this
Code, from the proceeds of the sale of forfeited fish, fishing gears, paraphernalia and fishing vessels, and
contributions in the form of endowments, grants and donations to the fund. Half of the fines and penalties
from the violations shall be allocated to the area where the violation was committed.
The Fisheries Management Fund shall be exclusively utilized for the following purposes (Sec. 142):
Percentage of Funds Purposes
(a) fifteen percent (15%) for the purchase, upgrade and maintenance of vessels, communication and
other equipment used for the monitoring, control and surveillance of
Philippine waters and distant water fishing;
(b) five percent (5%) for the payment of litigation expenses, cost of conveyance of witnesses and
other costs due to cases filed by or against the Republic of the Philippines in
international courts arising from the implementation of this Code or where
apprehending party or parties become respondents or defendants in any
tribunal or court of law;
(c) twenty-five percent for the operating costs and capacity building of the NFARMC, IFARMCs and
(25%) C/MFARMCs and payment for the cost of rehabilitation, medical expenses
for injury, or indemnity for death of law enforcement officers, including
deputized volunteers, distributed as follows: five percent (5%) to the
NFARMC, five percent (5%) to all IFARMCs, five percent (5%) to all
C/MFARMCs, and ten percent (10%) to C/MFARMCs for the apprehension
and successful prosecution of a fisheries offense;
(d) five percent (5%) for the continued upgrading of laboratory facilities and equipment;
(e) five percent (5%) for the research and development activities of the NFRDI;
(f) five percent (5%) for the capability development of BFAR personnel, deputized law
enforcement agencies and volunteers, and stakeholders;
(g) ten percent (10%) for scholarship grants for children of fisherfolks and fishworkers in fish catch,
aquaculture, fishing and fish processing;
(h) fifteen percent (15%) for livelihood programs for production enhancement and poverty alleviation;
and
(i) fifteen percent (15%) for assistance to fishermen in the form of shared facilities.
- o -
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