VIDEO 1
ENVIRONMENTAL LAWS
1. GREEN LAW
- This section will give you an overview of the most common
environmental violations under the green law. Green laws are
those that deal with the protection, conservation, utilization, and
development of forests, other lang-based natural resources, and
wildlife. Green is the color used since lands and forest are
generally supposed to be green. Land-based wildlife also
consider the forest as their habitat, thus, they are included under
THE green laws.
- The Revised Forestry Code and Chainsaw Act
- The National Integrated Protected Area System Act (NIPAS)
- The Philippine Mining Act of 1995 and the People’s Small Scale
Mining Act
1. Green Laws Enforcement Agencies
A. The Department of Environment and Natural Resources
(DENR)
- The DENR is the national government agency which primarily
does with the environment and the prime agency responsible for
the conservation, management, development and proper use of
the country’s environment and natural resources.( gives licenses
and regulates natural resources use, also protect areas)
- It is composed of several line and staff bureaus which help in its
function and mandate particularly to draft policies, set standards,
and provide technical services. The agencies attached to DENR
are the Laguna Lake Development Authority (LLDA), National
Mapping and Resources Information Authority (NAMRIA), the
Natural Resources Development Corporation (NRDC), now known
as Philippine Mining Development Corporation (PMDC), the
National Water Resources Board (NWRB), the Philippine Forest
Corporation (PFC), and the two specialized offices, the Costal and
Marine Management Office (CMMO), and the River Basin Control
Office (RBCO).
- Its bureau, namely the Environmental Management Bureau
(EMB), the Forest Management Bureau (FMB), the Land
Management Bureau (LMB), the Parks and Wildlife Bureau
(PAWB), and the Mines and Geoscience Bureau (MGB), help in the
enforcement of environmental laws, and will be discussed further
below.
B. The Forest Management Bureau (FMB)
- The FMB is the DENR unit which handles matter’s relating to
forest development and conservation.
C. The Land Management Bureau (LMB)
- The LMB primarily is primarily tasked with matters relating to
the rational classification, management, and disposition of lands. It is
has the following significant tasks and functions (Section 14, EO No.
192, Series of 1987):
D. The Parks and Wildlife Bureau (PAWB)
- The PAWB is the DENR unit primarily tasked to handle matters
relationg to the protection and conservation of wildlife and natural
resources and other protected areas.
E. The Mines and Geoscience Bureau (MGB)
- The MGB is the lead DENR unit which handles matters
pertaining to geology and minerals resources exploration,
development, and conservation. (responsible for landslide area, sinking
area)
The National Bureau of Investigation – Environmental and Wildlife
Protection Investigation Division (NBI – EWPID)
- The main objective of the National Bureau of Investigation is the
establishment and maintenance of a modern, effective and
efficient investigative service and research agency for purpose of
implementing fully principal functions provided under RA no. 157,
as amended.
- The NBI created a special division to address
environmental cases called the ENVIRONMENTAL and
WILDLIFE PROTECTION and INVESTIGATION DIVISION
(EWPID). The EWPID was created to protect the environment
and wildlife towards maintaining and ecological balance that
would sustaion both the human and non-human elements; its
also recognizes the fact that the nature and all life forms should
harmoniously co-exist. Its mandate is to enforce national
environmental laws and apprehend and prosecute individuals,
groups or entities who violate these, in cooperation with other
government agencies tasked to protect the environment like the
DENR.
BLUE LAWS
2. BLUE LAWS
- The most common environmental violation under blue laws that
refers to the color of seas, ocean, and other bodies of water.
- Blue Laws – refers to laws which deal with the protection
conservation and utilization of water, marine life, and aquatic
resources. Also in land-waters such as, rivers, lake and stream,
seas, ocean, whether part of the country territory.
LAWS
The Philippine Fisheries Code of 1998 (R.A No. 8550)
Fisheries and Aquatic Resources
- The law seeks to manage the country fisheries and aquatic
resources in the matter consistent with an integrated costal area
management and to protect the right of fisheries folk (local
communities).
- Apply also to all Philippine water, including country exclusive
economic zone (EEZ) 200 nautical miles, also the continental
shelves.
- The law specially punishes the following acts most commonly
violated
1. Poaching - Its shall be unlawful for any foreign person, corporation or
entity to fish or operate any fishing vessel in Philippine water. Fishing
of foreigner in the Philippine waters territory.
2. Fishing through illegal means
- Use of possession of Explosives, Noxious or Poisonous Substance
and/or Electricity.
- Use of Fine Mesh Net (small nets)
- Use of Active Fishing Gear in the Municipal Waters and Bays and
Other Fishery Management Areas.
- Fishing with gears or method that destroy our coral reefs (ban on
Muro-Ami other methods and Gear Destructive to Coral Reefs
and Other Marine Habitat.
- Illegal use of Super Light.
3. Fishing in prohibited and restricted areas
- Can be in the following;
Commercial fishing and over exploited area
- some parts of the country are declared non-fishing in order for
the small fishes to produce, that’s why we have fishing season.
Fishing in Overfished Area and During Closed Season
- It shall be unlawful to fish in overfished area and during closed
season. Bawal ng mag fish nag fish kapa rin.
Fishing in Fishery Reserves, Refuge and Sanctuaries
- it shall be unlawful to fish in fishery areas declared by the
Department as fishery reserves, refuge and sanctuaries.
Violation of Catch Ceiling
- Limited tayo kung Ilan yung makukuha natin, pero na over
catch natin.
- These are prohibited kinds of fishing in restricted area’s.
4. Illegal gathering, possessing, catching, and selling of certain
marine species
The violation covered here are the following;
- Such as gathering, sell or export of precious or semi-precious
(animals, leaf under the sun)
- Gathering, selling, or exporting white sand, silica, pebbles, and other
substances of marine habitat.
- And fishing of rare, threatened and endangered species.
5. Aquatic Pollution
- this violation are defined under RA 8550 as the introduction by human or
machine directly or indirectly of substances or energy to the aquatic
environment, which result or is likely to result in such deleterious effect as to
harm the marine environment and human health includes activities such as
fishing and navigation transportation and deforestation.
6. Construction and operation of fish pens without a license/permit
(Section 103[e]) and obstruction to navigation or flow and ebb of
tide in any stream, river, lake, or bay (Section 103[d]): These two
forms of violations can directly or indirectly cause pollution of waterways,
situation, and flooding. The natural flow of the rivers and other bodies of the
water needs to be maintained in order to ensure the continued ecological
balance of the same.
ii. The Laguna Lake Development Authority (LLDA) Act
- the LLDA was established through RA No. 4850 in 1956 as a quasi-
government agency that leads, promotes, and accelerates sustainable
development in the Laguna De Bay Region. Regulatory and law enforcement
functions are carried out with provisions on environmental management,
particularly on water quality monitoring, conservation of natural resources,
and community-based natural resource management. 41 Special attention is
given to the Laguna Lake due to its significance as the largest fresh water
lake in the country and it’s impact on its nearby areas and provinces,
especially Metro Manila.
- Thus, within the Laguna Lake area, the LLDA has jurisdiction and
authority over the enforcement of environmental laws, rules, and
regualations.
The Bureau of Fisheries and Aquatic Resources (BFAR )
- The government agencies that responsible for the development
, improvement, management and conversation of the countries
fisheries and aquatic resource. It was reconstituted as a line Bureau by
virtue of Republic Act, No. 8550.
- The Philippine Fisheries Code of 1998.
- The BFAR is the lead agency in terms of enforcement of
Fisheries law outside of the municipal waters, wherein it is the LGU’s
who have jurisdiction.
- The Bureau under the Department of Agriculture as marine
resources are seen to relate more to the food security needs of the
nation. This Bureau is not under of DENR but under in Department of
Agriculture.
The Philippine Coast Guard (PCG)
- The emition of the Philippine Coast Guard is to promote the
safety of lives and property of the sea, safeguard the marine
environment and resources and also enforcement of the
applicable maritime laws and undertake other activities in
support of the mission of the DOTC Department of Transport ion
and Communication.
- The primary law enforcement agency when it comes to
maritime related matter is the Philippine Coast Guard, in general it’s
function, includes Maritime search and rescue , law enforcement
safety, and security and environmental protection also.
Covered Cases:
- Enforcement of Maritime safety and security laws and protocols,
primarily in territorial waters outside the municipal water.
- Conduct of on-ship inspections, confiscation of contraband;
evidence gathering and preparation of complaints.
- Violations of poaching, illegal fishing, illegal fish pens and
structures, dumping or spilling of toxic and hazardous waters.
C. The Philippine National Police-Maritime Group (PNP-MG)
- The Maritime Group is a National Operational Support Unit of
the Philippine National Police mandated to perform all police functions
over Philippine Water. This includes: to enforce the law, prevent and
control crimes, maintain peace and order, ensure public safety and
internal security over Philippine islands, coastal areas, ports and
harbors to protect and sustain the development of the Maritime
environment.
Cases covered
- Maritime law enforcement primarily in municipal waters.
- Arrest of violations; evidence gathering and preparation of
complaints for filing.
- Violations of poaching, illegal fishing, illegal fish pens and
structures, dumping
- Or spilling of toxic and hazardous wastes.
Video 2
PD 600 AS AMENDED BY PD 979
Presidential Decree No. 600 as AMENDED BY PRESIDENTIAL DECREE
NO. 979
Marine Pollution
- Ocean pollution also called marine pollution, is a mixture of both
chemical contamination and trash. The act of ocean pollution occurs
when chemicals and trash are either washed, blown or intentionally
dumped into the ocean. This pollution results in damage to the
environment, to the health of all organisms, and to the economic
structures worldwide. The ocean, the Earth’s ocean, are home to
millions of animal and pet’s species, as well as potentially millions
more that are so far undiscovered. They are delicately balanced
ecosystems and their healthy function is key to the balance of all life
on Earth.
Marine life
- Refers to all the animals, plants, organisms that live in Earth’s
saltwater, seas and oceans. From the smallest plankton to the largest
whale. All organisms play a role in the healthy functions of this
amazing complex ecosystems.
Examples:
- Ocean fishes which includes tunas which are related to macarels.
Macarels these are oily fish and it’s commonly for virus with moving
fishes. Sardines these are purely saltwater fish and are most
consumed by humans.
- Marine mammals like dolphins. Dolphins need s to breathe air
through its local like whales and where voices do. Whales which are
among the largest and oldest animals on earth. And lastly, Seals.
- Sea turtles and Reptiles like green sea turtles which is the largest
hard-shelled sea turtle.
- Cephalopods, crustaceans and shellfish. Shellfish like squids,
lobsters, crabs, shrimp and many more.
- Sea birds we have penguins and albatrosses.
Importance of marine life
- The ocean provides 50% of the world’s oxygen and they provide
essential ecosystem services that allow our planet to function in a
healthy way. For example, ocean currents govern our weather
systems, and if they were to be interrupted, the extreme weather
consequences would be dressed. The ocean can only provide this
services by maintaining delicately balanced ecosystems, made-up of
food chains and biological systems. Human activity risk the shutdown
of essential ecosystem services that we rely on to survive. One
example is coral reefs, when we fish around coral reefs, those reefs
delicate ecosystems are damage and often die.
Causes of marine pollution
- Non-points source pollution or the runoff. Non-point source
pollution is accumulation of pollution from small sources that can’t be
exactly pinpointed. Examples include the pollution created by
individual cars, boats, farms and construction sites. Non-points source
pollution typically becomes ocean pollution via runoff which occurs
when rain or snow moves pollutants from the ground into the ocean.
For instance, after a heavy rain storm water flows off road into the
ocean taking oil left on streets from choirs with it. But wind can
transfer dirt and other debris from 9-point sources and deposit.
- Intentional discharge manufacturing. Manufacturing plants in
many areas of the world release toxic waste into the ocean, including
mercury. While it has been banned in the USA, sewage also contributes
to ocean pollution. Meanwhile, plastic waste poses a particularly tough
challenge.
- Oil spills. Ships are major contributors to ocean pollution, especially
when crude oil spills occur. Crude oil lasts for years in the ocean and is
difficult to clean up.
- Littering. Atmospheric pollution — a type of ocean pollution where
objects are carried by the wind to the ocean — is often caused by
littering. It includes single-use plastics (such as plastic bags) and
styrofoam containers which can take hundreds of years to biodegrade.
It is estimated that roughly 1 trillion plastic bags are used worldwide
per year.
- Ocean mining. Deep-sea ocean mining causes ocean pollution and
ecosystem disruption at the lowest levels of the ocean. Drilling for
substances such as cobalt, zinc, silver, gold and copper creates
harmful sulfide deposits deep in the ocean.
Presidential Decree no. 600 (11 sections)
- This Decree shall be known as the Marine Pollution Decree of 1974. It
has purpose to prevent and control pollution of seas by the dumping of
waste and other matter which creates hazard to human health, hard
living resources and marine life damage amenities or interest with the
legitimate uses of the sea within the territorial jurisdiction of the
Philippines.
Presidential Decree No. 979 (10 sections)
Video (Amazon River)
- WHEREAS, the marine environment and the living organisms which it
supports are of vital importance to humanity, and all people have an
interest in assuring that it is managed and protected, and its quality is
not impaired;
- WHEREAS, recognizing that the capacity of the sea to assimilate
wastes and render them harmless, and its ability to regenerate natural
resources is limited;
- WHEREAS, knowing that marine pollution originates from many
sources, such as dumping and discharging through the rivers,
estuaries, brooks or springs;
- WHEREAS, it is our responsibility to control public and private activities
that cause damage to the marine environment by using the best
practicable means and by developing improved disposal processes to
minimize harmful wastes;
- WHEREAS, there is an urgent need to prevent, mitigate or eliminate
the increasing damages to marine resources as a result of pollution.
Three parts
- Philippine Port Authority
- Philippine Coast Guard
- Maritime Industry Authority
- Shipping company
- Department of Environment and Natural Resources.
Types of Marine Pollution
Chemicals
- Common man-made pollutants that reach the ocean include pesticides,
herbicides, fertilizers, detergents, oil, industrial chemicals, and sewage.
Trash
- Trash can travel throughout the world’s rivers and oceans,
accumulating on beaches and within gyres.
Chemical pollution doesn’t only tackle about oil spills but it includes runoff.
This is where chemicals that are used on land and vehicle leads out into the
ground and find themselves in the ocean. These chemicals can be deadly. For
example, farmers uses a lot of pesticides and herbicides on their plant to get
rid of pets or bugs. However, these chemicals contain a lot of nitrogen and
phosphorus. When the plants runoff the excess, the excess chemicals follow
the water and end up getting flow into the river. The river gets released into
the ocean as well as alternate transducer the water just drives with nitrogen
and phosphorus and with so much of its as you begins to bloom and this
creates the zone called eutrophication.
Oil seepage. This is when oil spills in the ocean the natural leak of crude oil
and gas that migrate out through the sea floor and ocean depths.
Sewage dumping. the disposal of waste matter such as feces or dirty water
from home and factories.
Marine Debris. Referring to trash as well. These are trash that ends up in
the ocean. This may happen accidentally but sometimes it is out of control.
While most ocean debris is HUMANS fault, some of it is caused by the mother
nature itself. For example, flood or tsunami, debris may flow or rush to the
water or the ocean.
Definition of Terms
Discharge
- Includes, but is not limited to, any spilling, leaking, pumping, pouring,
emitting, emptying, or dumping but does not include discharge of
effluent from industrial or manufacturing establishments, or mill of any
kind.
Dumping
- means any deliberate disposal at sea and into navigable waters of
wastes or other matter from vessels, aircraft, platforms or other man-
made structures at sea, including the disposal of wastes or other
matter directly arising from or related to the exploration, exploitation
and associated off-shore processing of sea bed mineral resources
unless the same is permitted and/or regulated under this decree:
Provided, That it does not mean a disposition of any effluent from any
outfall structure to the extent that such disposition is regulated under
the provisions of Republic Act Numbered Three Thousand Nine Hundred
Thirty-One, nor does it mean a routine discharge of effluent or other
matter incidental to the propulsion of, or derived from the normal
operations of vessels, aircraft, platforms or other man-made structures
at sea and their equipment.
Oil
- means oil of any kind or in any form including, but not limited to,
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other
than dredge spoil.
Navigable water
- means the waters of the Philippines, including the territorial sea and
inland waters which are presently, or be in the future susceptible for
use by watercraft.
Vessels
- means every description of watercraft, or other artificial contrivance
used, or capable of being used, as a means of transportation on water.
Person
- includes any being, natural or juridical, susceptible of rights and
obligations or of being the subject of legal relations.
Refuse
- means garbage, waste, wood residues, sand, lime cinders ashes, offal,
night soil, tar, dye staffs, acids, chemicals and substances other than
sewage and industrial wastes that may cause pollution.
PROHIBITED ACTS
- Prohibited Acts. Except in cases of emergency imperiling life or
property, or unavoidable accident, collision, or stranding or in any
cases which constitute danger to human life or property or a real threat
to vessels, aircraft, platforms, or other man-made structure, or if
damping appears to be the only way of averting the threat and if there
is probability that the damage consequent upon such dumping will be
lees than would otherwise occur, and except as otherwise permitted by
regulations prescribed by the National Pollution Control Commission or
the Philippine Coast Guard, it shall be unlawful for any person;
(a) discharge, dump or suffer, permit the discharge of oil, noxious gaseous
and liquid substances and other harmful substances from or out of any
ship, vessel, barge, or any other floating craft, or other man-made
structures at sea, by any method, means or manner, into or upon the
territorial and inland navigable waters of the Philippines;
(b)throw, discharge or deposit, dump, or cause suffer or procure to be
thrown, discharged, or deposited either from or out of any ship, barge,
or other floating craft of vessel of any kind, or from the shore, wharf,
manufacturing establishment, or mill of any kind, any refuse matter of
any kind or description whatever other than that flowing from streets
and sewers and passing therefrom in a liquid state into tributary of any
navigable water from which the same shall float or be washed into
such navigable water; and
(c) deposit or cause, suffer or procure to be deposited material of any
kind in any place on the bank of any navigable water or on the bank of
any tributary of any navigable water, where the same shall be liable to
be washed into such navigable water, either by ordinary or high tides,
or by storms or floods, or otherwise, whereby navigation shall or may
be impeded or obstructed or increased the level of pollution of such
water.
Section 6. Enforcement and Implementation.
- The Philippine Coast Guard shall have the primary responsibility of
enforcing the laws, rules and regulations governing marine pollution.
However, it shall be the joint responsibility of the Philippine Coast
Guard and the National Pollution Control Commission to coordinate and
cooperate with each other in the enforcement of the provisions of this
decree and its implementing rules and regulations, and may call upon
any other government office, instrumentality or agency to extend
every assistance in this respect.
Section 7. Penalties for Violations.
- Any person who violates Section 4 of this Decree or any regulations
prescribed in pursuance thereof, shall be liable for a fine of not less
than Two Hundred Pesos nor more than Ten Thousand Pesos or by
imprisonment of not less than thirty days nor more than one year or
both such fine and imprisonment, for each offense, without prejudice
to the civil liability of the offender in accordance with existing laws.
- Any vessel from which oil or other harmful substances are discharged
in violation of Section 4 or any regulation prescribed in pursuance
thereof, shall be liable for the penalty of fine specified in this section,
and clearance of such vessel from the port of the Philippines may be
withheld until the fine is paid.
- In addition to the penalties above-prescribed, the Philippine Coast
Guard shall provide in its rules and regulations such reasonable
administrative penalties as may be necessary for the effective
implementation of this decree.
Section 8. Containment Recovery System.
- The Philippine Coast Guard shall develop an adequate capability for
containment and recovery of spilled oil for inland waters and high seas
use. An initial amount of five (5) million pesos is hereby appropriated
for the procurement of necessary equipment for this purpose. For the
succeeding fiscal years, the appropriation for the development of such
capability shall be included in the Philippine Coast Guard portion of the
General Appropriation Decree.
Section 9. Repealing Clause.
- All laws, rules and regulations inconsistent with this decree are hereby
repealed or modified accordingly.
Section 10. Effectivity.
- This Decree shall take effect immediately. Done in the City of Manila,
this 18th day of August, in the year of Our Lord, nineteen hundred and
seventy-six.
VIDEO 3
REPUBLIC ACT NO. 8550 PHILIPPINE
FISHERIES CODE OF 1998
Governing Act
- Enacted on February 17,1998
- An act providing for the development of the fisheries and aquatic
resources and integrating all laws pertinent there to.
Application of the Law
- The provision of this code shall be enforced in:
a) All Philippine waters including other waters over which the
Philippines has sovereignty and jurisdiction, and the country’s
200-nautical mile EEZ (Exclusive Economic Zone) and
continental shelf;
b) All aquatic and fishery resources whether in land, coastal or off-
shore fishing areas, including but not limited to fishponds, fish
pens/cages; and
c) All land devoted to aquaculture, or businesses and activities
relating to fishery, whether private or public lands.
Republic Act No. 8550 otherwise known as the Philippine Fisheries
Code of 1998 was enacted into law to achieve food security;
Limit access to the fishery and aquatic resources of the Philippines for
the exclusive enjoyment of Filipino citizen;
Ensure the rational and sustainable development, management and
conservation of the fishery and aquatic resources in Philippine waters
including the Exclusive Economic Zone (EEZ);
To protect the rights of fisher folk, especially of the local communities
with priority to municipal fisher folk, in the preferential use of the
municipal waters;
To provide support to the fishery sector, primarily to the municipal
fisher folk, including women and youth sectors, through appropriate
technology and research, adequate financial, production, construction
of post-harvest facilities, marketing assistance, and other services;
To manage fishery and aquatic resources, in a manner consistent with
the concept of an integrated coastal area management areas,
appropriately support by research, technical services and guidance
provided by the State;
And to grant the private sector the privilege to utilize fishery resources
under the basic concept that the grantee, license or permitted thereof
shall not only be a privileged beneficiary of the State but also active
participant and partner of the Government in the sustainable
development, management, conservation and Protection of the fishery
and aquatic resources of the country.
The following are the Prohibitions and Penalties provided by RA
8550
1. Unauthorized Fishing or Engaging in other
Unauthorized Fisheries Activities. No person shall
exploit, occupy, produce, breed, culture, capture or
gather fish, fry or fingerings of any fishery species or
fishery products, or engage in any fishery activity in
Philippine waters without a license, lease or permit.
- Discovery of any person in an area where he has no permit or
registration papers for a fishing vessel shall constitute a prima facile
presumption that the person and/or vessel is engaged in unauthorized
fishing: Provided, that fishing for daily food sustenance or for leisure
which is not for commercial, occupation or livelihood purposes may be
allowed.
2. Poaching in Philippine Waters.
- It shall be unlawful for foreign person, corporation or entity to fish or
operate any fishing vessel in Philippine waters.
- The entry of any foreign fishing vessel in Philippine water shall
constitute a prima facie evidence that the vessel is engaged in fishing
in Philippine waters.
- Violation of the above shall be punished by a fine of One hundred
thousand U.S Dollars (US $100,000.00), in addition to the confiscation
of its catch, fishing equipment and fishing vessel: Provided, that the
Department is empowered to impose an administrative fine of not less
than Fifty thousand U.S Dollars (US $50,000.00) but not more than Two
hundred thousand U.S Dollars (US $ 200,000.00) or its equivalent in
the Philippine Currency.
3. Fishing Through Explosives, Noxious of Poisonous
Substance, and/or Electricity.
- (1) It shall be unlawful for any person to catch, take or gather or cause
to be caught, taken or gathered, fish or any fishery species in
Philippine waters with the use of electricity, explosives, noxious or
poisonous substance such as sodium cyanide in the Philippine fishery
areas, which will kill, stupefy, disable or render unconscious fish or
fishery species:
- Provided, That the Department, subject to safeguards and conditions
deemed necessary and endorsement from the concerned LGUs, may
allow, for research, educational or scientific purposes only, the use of
electricity, poisonous or noxious substances to catch, take or gather
fish or fishery species: Provided, further, That the use of poisonous or
noxious substances to eradicate predators in fishponds in accordance
with accepted scientific practices and without causing adverse
environmental impact in neighboring waters and grounds shall not be
construed as illegal fishing.
- It will likewise be unlawful for any person corporation or entity to
possess, deal in, sell or in any manner dispose of, any fish or fishery
species which have been illegally caught, taken or gathered.
- (2) Mere possession of explosive, noxious or poisonous substance
electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from six (6) months to two (2) years.
- (3) Actual use of explosives, noxious or poisonous substances or
electrofishing devices for illegal fishing shall be punishable by
imprisonment ranging from five (5) years to ten (10) years without
prejudice to the filing of separate criminal cases when the use of the
same result to physical injury or loss of human life.
- (4) Dealing in, selling, or in any manner disposing of, for profit, illegally
caught/gathered fisheries species shall be punished by imprisonment
ranging from six (6) months to two (2) years.
- (5) In all cases enumerated above, the explosives, noxious or
poisonous substances and/or electrical devices, as well as the fishing
vessels, fishing equipment and catch shall be forfeited.
4. Use of Fine Mesh Net.
- It shall be unlawful to engage in fishing using nets with mesh smaller
than that which may be fixed by the Department: Provided, That the
prohibition on the use of fine mesh net shall not apply to the gathering
of fry, glass eels, elvers, tabios, and alamang and such species which
by their nature are small but already mature to be identified in the
implementing rules and regulations by the Department.
5. Use of Active Gear in the Municipal Waters and
Bays and Other I Management Areas.
- It shall be unlawful to engage in fishing in municipal waters and in all
bays as well as other fishery management areas using active fishing
gears as defined in this Code.
- Violators of the above prohibitions shall suffer the following penalties:
- (1) The boat captain and master fisherman of the vessels who
participated in the violation shall suffer the penalty of imprisonment
from two (2) years to six (6) years;
- (2) The owner/operator of the vessel shall be fined from Two thousand
pesos (P2,000.00) to Twenty thousand pesos (20,000.00) upon the
discretion of the court.
- If the owner/operator is a corporation, the penalty shall be imposed on
the chief executive officer of the Corporation.
- If the owner/operator is a partnership the penalty shall be imposed on
the managing partner.
- (3) The catch shall be confiscated and forfeited.
6. Ban on Coral Exploitation and Exportation.
- It shall be unlawful for any person or corporation to gather, possess,
sell or export ordinary precious and semi-precious corals, whether raw
or in processed form, except for scientific or research purposes.
7. Ban on Muro-Ami Other Methods and Gear
Destructive to Coral Reefs and Other Marine
Habitat.
- It shall be unlawful for any person, natural or juridical, to fish with gear
method that destroys coral reefs, sea grass beds, and other fishery
marine life habitat as may be determined by the Department. "Muro-
Ami" and any of its variation, and such similar gear and methods that
require diving, other physical or mechanical acts to pound the coral
reefs and other habitat to entrap, gather or catch fish and other fishery
species are also prohibited.
8. Illegal Use of Superlights.
- It shall be unlawful to engage in fishing with the use of superlights in
municipal waters or in violation of the rules and regulations which may
be promulgated by the Department on the use of superlights outside
municipal waters.
9. Conversion of Mangroves.
- It shall be unlawful for any person to convert mangroves into
fishponds or for any other purposes.
10. Fishing in Overfished Area and During Closed
Season.
- It shall be unlawful to fish in overfished area and during closed season.
11. Fishing in Fishery Reserves, Refuge and
Sanctuaries.
- It shall be unlawful to fish in fishery areas declared by the Department
as fishery reserves, refuge and sanctuaries.
12. Fishing Or Taking of Rare, Threatened or
Endangered Species.
- It shall be unlawful to fish or take rare, threatened or endangered
species as listed in the CITES and as determined by the Department.
13. Capture of Sabalo and Other
Breeders/Spawners.
- It shall be unlawful person to catch, gather, capture or possess mature
milkfish or "sabalo" and such other breeders or spawners of other
fishery species as may be determined by the Department: Provided,
That catching of "sabalo" and other breeders/spawners for local
breeding purposes or scientific or research purposes may be allowed
subject to guidelines to be promulgated by the Department.
14. Importation or Exportation of Fish or Fishery
Species.
- Any importation or exportation of fish or fisheries species in violation of
this Code shall be punished by eight (8) years of imprisonment, a fine
of Eighty thousand pesos (P80,000.00) and destruction of live fishery
species or forfeiture of non-live fishery species in favor of the
department for its proper disposition: Provided, That violator of this
provision shall be banned from being members or stock holders of
companies currently engaged in fisheries or companies to be created
in the future, the guidelines for which shall be promulgated by the
Department.
15. Violation of Catch Ceilings.
- It shall be unlawful for any person to fish of catch ceilings as
determined by the Department. Violation of the provision of this
section shall be punished by imprisonment of six (6) months and one
(1) day to six (6) years and/or a fine of Fifty thousand pesos
(P50,000.00) and forfeiture of the catch and fishing equipment used
and revocation of license.
16. Aquatic Pollution.
- Aquatic pollution, as defined in this Code shall be unlawful.
