Law Summary
Scope of Application
- The Code applies to all Philippine waters including sovereignty and jurisdictional waters, EEZ, and continental shelf.
- Covers all aquatic and fishery resources inland, coastal or offshore, fishponds, pens/cages.
- Applies to all lands devoted to aquaculture and fishery-related activities.
- Includes Philippine flagged vessels operating under Regional Fisheries Management Organizations or in foreign waters.
Definitions of Key Terms
- Community Service: Service performed for community benefit in lieu of fines.
- Conservation and Management Measures: Measures consistent with international law and RFMO standards.
- Distant Water Fishing: Fishing in the high seas or waters of other states.
- Fisheries Observer: Authorized person to collect scientific and compliance data aboard fishing vessels.
- Fishing Vessel/Gear License: Permit for operating fishing vessels/gears beyond municipal waters.
- Fishing Gear: Instruments/devices used in fishing, distinguished as active and passive gear.
- Fishing Light Attractor and Superlight: Lighting aids used to attract fish, regulated particularly for municipal waters.
- Harvest Control Rules and Reference Points: Targets and limits to regulate fishing based on scientific assessments.
- Illegal, Unreported, and Unregulated Fishing: Defined with reference to Philippine law, RFMO rules, and international standards.
- Marine Protected Area and Port State Measures: Areas protected by law and port requirements for vessels.
Fees, Licenses, and Access to Resources
- Fishpond rentals and commercial fishing vessel license fees set by the Department reflecting resource rent.
- LGUs determine fishing license fees in municipal waters in consultation with FARMCs.
- Department issues licenses/permits based on harvest control rules, giving priority to local fishers.
Monitoring, Control, and Surveillance (MCS)
- Establishment of MCS systems involving the Department, LGUs, FARMCs, private sector, and agencies.
- Coverage extends to all Philippine flagged fishing vessels regardless of area of operation.
Licensing, Ownership, and Fishing Vessel Regulations
- Commercial fishing vessel licenses renewed every three years with a sixty-day renewal window.
- Transfer of fishing vessel ownership must be notified to the Department ten days prior.
- Distant water fishing permitted with compliance to safety, permits, gear licenses, and conservation measures.
- Importation, construction, or conversion of fishing vessels or gears requires Department approval.
Reportorial Requirements
- Mandatory daily catch and landing records certified by vessel captains must be submitted to BFAR.
- Noncompliance leads to administrative penalties.
Port State Measures
- The Department authorized to implement port state controls on foreign fishing vessels including prior notification, designated ports, inspections, documentation, and restrictions on transshipment.
Use and Regulation of Fishing Lights
- Superlight use banned in municipal waters, fishing light attractors regulated by the Department and LGUs in municipal waters.
Trade-Related Measures
- The Department sets standards for weights, volume, quality, labeling for fishery trade.
- LGUs penalize fraudulent practices and unlawful use of weights/measures.
- Trade measures to combat illegal, unreported, and unregulated (IUU) fishing products.
Functions of Bureau of Fisheries and Aquatic Resources (BFAR)
- BFAR prepares national fisheries development plans.
- Formulates conservation and management rules for migratory stocks and threatened species.
- Deploys fisheries observers and implements boarding and inspection protocols.
- Adopts MCS and traceability systems.
- Administers fishery management including capacity management and enforcement.
- Hears and decides administrative cases, imposes sanctions, and initiates criminal prosecutions.
Prohibitions and Penalties - Selected Key Provisions
- Unauthorized fishing without proper licenses or in municipal waters punishable by fines, confiscation, and imprisonment.
- Engaging in unauthorized fisheries activities without permits also penalized.
- Distant water fishing without permits or violating permit conditions carries heavy fines and imprisonment.
- Unreported and unregulated fishing punished with fines, confiscation, and imprisonment depending on scale.
- Poaching in Philippine waters by foreigners penalized with large fines, vessel confiscation, and imprisonment.
- Use of explosives, poisonous substances, and electricity for fishing strictly prohibited with heavy penalties.
- Prohibition on the use of fine mesh nets except for certain species.
- Fishing in overexploited management areas and with active gear in restricted waters penalized.
- Ban on coral exploitation and destructive fishing gear with fines, confiscation, imprisonment, and restoration costs.
- Illegal use of superlights and fishing light attractors regulated and penalized.
- Illegal conversion of mangroves punished with heavy fines, restoration orders, imprisonment.
- Fishing during closed seasons and in marine protected areas is prohibited.
- Taking or trading of rare, threatened, or endangered species strictly prohibited with severe penalties.
- Exportation of breeders, spawners, eggs or fry regulated with penalties for violations.
- Violations of harvest control rules, aquatic pollution, failure to meet safety standards and trade rules subject to penalties.
- Unauthorized disclosure of sensitive monitoring data is punishable by imprisonment.
Administrative Adjudication
- BFAR empowered to impose administrative fines and penalties.
- Establishment of an Adjudication Committee for processing violations.
- Department may issue cease and desist orders and summarily evict violators without judicial orders.
- Accompanying sanctions include gear confiscation, vessel impoundment, license suspension or revocation, blacklisting, and fines multiplied for serious or repeated violations.
- Fines constitute lien on violators' properties.
- Community service may substitute fines for municipal fishers lacking ability to pay.
- Citizens can file suits to enforce the Code after notice period.
- Protections against Strategic Lawsuits Against Public Participation (SLAPP) in enforcement cases.
- Public Fisheries National Administrative Register for decisions and penalties maintains transparency.
Fisheries Management Fund
- Established to fund conservation, management, research, capacity building, poverty alleviation, and fisheries productivity.
- Funded by fines, proceeds from forfeitures, endowments, grants, and donations.
- Allocations cover MCS equipment, litigation costs, council operations, laboratory upgrades, research, personnel development, scholarships, livelihood, and fisher assistance.
General Provisions
- Implementing rules to be promulgated within six months.
- Separability clause ensures unaffected provisions remain if any part is invalidated.
- Repealing clause abolishes inconsistent laws.
- The Act took effect fifteen days after publication.
This comprehensive framework strengthens the Philippine legal regime to prevent, deter, and eliminate illegal, unreported, and unregulated fishing by updating the Philippine Fisheries Code with detailed definitions, wide scope, rigorous monitoring, strict prohibitions, and clear penalties supported by administrative adjudication and dedicated funding.