QuestionsQuestions (Republic Act No. 10654)
RA 10654 adopts the precautionary principle and requires fisheries and aquatic resource management consistent with an ecosystem-based approach and integrated coastal area management, supported by research and technical guidance of the State. It also emphasizes sustainable development, management, and conservation, including commitments to international conventions.
No. It applies to all Philippine waters (including the EEZ and continental shelf), inland and coastal or offshore fishing areas, fishponds/pens/cages, lands devoted to aquaculture and related businesses, and Philippine-flagged fishing vessels even in areas governed by RFMO rules and in the high seas or waters of other coastal states.
Illegal Fishing covers fishing in violation of Philippine laws, RFMO resolutions, and laws of other coastal states. Unreported Fishing covers failure to report or misreport to the Department or to an RFMO in contravention of reporting procedures. Unregulated Fishing covers fishing by vessels without nationality operated by Filipinos or Filipino corporations, Philippine-flagged vessels in RFMO areas where the Philippines is not a party, or where there are no applicable conservation/management measures.
Serious Violation includes: (a) fishing without a valid license/authorization/permit; (b) fishing without reporting or misreporting catch; (c) fishing in a closed area/closed season; (d) fishing of prohibited species; (e) fishing with prohibited gear/methods; (f) falsifying/concealing vessel markings/identity; (g) tampering with vessel monitoring system; and (h) multiple violations showing serious disregard. Any three of these satisfy the requirement.
The Department must establish an MCS system in coordination with LGUs, FARMCs, the private sector, and other agencies. It must cover all Philippine-flagged fishing vessels regardless of fishing area and regardless of final destination of the catch.
They must comply with safety, manning, and requirements of relevant agencies, and secure a fishing permit, gear license, and other clearances from the Department. They must also comply with conservation/management measures and fishing access conditions of the Department, the RFMO, or other coastal states.
Only when landed in duly designated fish landings and fish ports in the Philippines. Landing ports established by canneries, seafood processors, and fish landing sites existing prior to RA 10654’s effectivity are considered authorized.
Commercial fishing vessels must keep daily records of fish catch and spoilage, landing points, and quantity/value of fish caught and off-loaded for transhipment, sale or other disposal. Detailed information must be certified by the captain and transmitted to BFAR within the period in the IRR. Failure to comply results in administrative and penal sanctions.
The Department may adopt port state measures that foreign fishing vessels must comply with as a condition for port entry. These include prior notification of port entry, use of designated ports, restrictions on port entry/landing/transhipment, restrictions on supplies and services, documentation requirements, port inspections, and other related measures.
Use of superlight is banned within municipal waters and bays. Use of fishing light attractor in municipal waters is regulated by LGUs.
Discovery of a person in possession of fishing gear or operating a fishing vessel in an area where he has no license/permit creates prima facie presumption that the person is engaged in unauthorized fishing.
Except in cases specified under the Code, it is unlawful for any commercial fishing vessel to fish in municipal waters.
Within national jurisdiction: administrative fine equivalent to the value of catch (or specific minimum amounts), with imprisonment upon conviction (not specified in the excerpt for all levels but the section provides court conviction penalties including imprisonment of the three highest officers, confiscation of catch/gear). Beyond national jurisdiction: administrative fine is five (5) times the value of catch (or higher specified amounts), and upon conviction the three highest officers face imprisonment and fine equivalent to twice the administrative fine plus confiscation.
It is unlawful to catch/take/gather fish with explosives, noxious/poisonous substances (e.g., sodium cyanide) or electricity. Discovery of dynamite/chemical compounds or electrofishing devices in a fishing vessel or possession of fisherfolk creates prima facie presumption of use for illegal fishing; discovery of fish caught/killed with such methods in the vessel creates prima facie presumption that the persons are fishing with such methods.
Confiscation of catch and fishing gears and an administrative fine equivalent to specified multiples of the value of the catch or fixed amounts depending on whether it is municipal fishing, small-, medium-, or large-scale commercial fishing.
For municipal fisherfolk, a fine may be served by community service in lieu of the fine. For conviction in court, the section similarly allows municipal fisherfolk to render community service in lieu of fine or imprisonment.
Summary administrative finding: confiscation of catch and gear and an administrative fine (with community service in lieu of fine for municipal fishing). Conviction by a court of law: imprisonment, confiscation of catch and gear, double the administrative fine, and cancellation of license or permit.