Question & AnswerQ&A (Republic Act No. 10654)
Republic Act No. 10654 aims to prevent, deter, and eliminate illegal, unreported, and unregulated fishing by amending RA No. 8550 (The Philippine Fisheries Code of 1998) to promote sustainable development, management, and conservation of Philippine fishery and aquatic resources.
Illegal Fishing means fishing activities conducted by Philippine fishing vessels operating in violation of Philippine laws, resolutions of Regional Fisheries Management Organizations (RFMOs), and laws of other coastal states.
The provisions apply to all Philippine waters, including waters over which the Philippines has sovereignty and jurisdiction, the 200-nautical mile Exclusive Economic Zone (EEZ) and continental shelf, all aquatic and fishery resources including fishponds and cages, all lands devoted to aquaculture, and all Philippine flagged fishing vessels operating in RFMO areas, high seas, or waters of other coastal states.
Unauthorized fishing may result in confiscation of catch and gear, administrative fines ranging from P50,000 to P5 million depending on scale of commercial fishing, imprisonment of six months upon conviction, and penalties on the vessel's officers and owner.
A Fisheries Observer is a person authorized by the Philippine government or under a RFMO program tasked to collect scientific, technical, or fishing-related data and information required by the government or RFMO to comply with conservation and management measures.
The Department of Agriculture, through the Bureau of Fisheries and Aquatic Resources (BFAR), is empowered to impose administrative fines and penalties. It organizes the Adjudication Committee composed of the BFAR director as chairperson and four other members designated by the Secretary, supported by adequate staff.
Penalties include confiscation of fishing gear, impoundment of vessels, suspension or revocation of licenses, bans on duty and tax benefits, inclusion on the IUU fishing vessel list, denial of port services, blacklisting, and increased fines up to eight times the value of the catch for repeated offenses within five years.
Use of superlight in municipal waters or fishing light attractors beyond prescribed candlelight power is prohibited. Administrative fines of P20,000 per device and confiscation of catch and gear apply. Conviction results in imprisonment of six months to two years, fines of P40,000 per device, and confiscation.
Tampering, switching off, or disabling the vessel monitoring system is unlawful and may result in confiscation of catch, suspension or revocation of license, and administrative fines up to twice the value of the catch or specific amounts depending on the fishing scale, along with imprisonment upon conviction.
Importation, construction, or conversion of fishing vessels or gears requires prior approval or clearance from the Department to manage fishing capacity. Violating this incurs fines and imprisonment for offenders.
Fines prescribed in the law shall increase by at least 10% every three years to compensate for inflation and maintain deterrence.
The Department may, after due administrative process, issue cease and desist orders and summarily evict holders of permits, licenses, or tenurial instruments from public domain areas without judicial order.
Use of explosives or noxious substances for fishing is prohibited. Discovery of such devices or substances in possession constitutes prima facie evidence of illegal fishing. Penalties include confiscation, administrative fines proportional to catch value, imprisonment (5-10 years), and double fines upon conviction.
The Department shall establish the MCS system in coordination with LGUs, FARMCs, private sector, and other agencies to ensure sustainable use and management of fisheries. It covers all Philippine flagged fishing vessels regardless of fishing area or destination of catch.
Any citizen may file civil, criminal, or administrative actions to enforce the Code's provisions against violators, inappropriate government agency actions, or public officers' neglect or abuse related to this Code after giving 15 days' notice to offenders or officers.