Chapter 6 - Prohibitions and Penalties Flashcards
Title of chapter 6
Prohibitions and Penalties
Shall be constituted when a person and/or vessel is engaged in unauthorized fishing
prima facie presumption
Unauthorized fishing or engaging in other unauthorized fisheries activities
- Php 10,000
- imprisonment of six months
- confiscation of catch and fishing gears
- automatic revocation of licence
Not listed in the registry of municipal fisherfolk to engage in any commercial fishing activity in municipal waters
- confiscation of catch
- Php 500
Shall be constituted when there is poaching in Philippine waters
prima facie evidence
Shall be constituted when there is fishing through explosives, noxious or poisonous substance, and/or electricity
prima face evidence
Mere possesion of explosive, noxious or poisonous substances or electrofishing device
imprisonment of 6 months to 2 years
Dealing in, selling, or in any manner disposing of, for profit, illegaly caught/gathered fisheries species
imprisonment of 6 months to 2 years
Possession and actual use
explosives, noxious or poisonous substances, electrical devices, fishing bessels, equipment, and catch to be foreited
Use of fine mesh net
- Php 2,000 to Php 20,000
- imprisonment from 6 months to 2 years
Use of active gear in the municipal waters and bays and other fishery management areas
- boat captain and master fisherman - imprisonment from 2 to 6 years
- owner/operator of the vessel - Php 2,000 to Php 20,000
- catch shall be confiscated and forfeited
Ban on coral exploitation and exportation
- imprisonment from 6 months to 2 years
- Php 2,000 to Php 20,000
- both
Ban on Muro-Ami other methods and gear destructive to coral reefs and other marine habitats
- operator, boat, captain, master fisherman, recruiter: 2 to 10 years of imprisonment
- Php 100,000 to Php 500,000
- person or corporation: 2 to 10 years of imprisonment
- Php 100,000 to Php 500,000
Illegal use of superlights
- 6 months to 2 years of imprisonment
- Php 5,000 per superlight
- both
Conversion of mangroves
- imprisonment of 6 years and 1 day to 12 years
- Php 80,000
Fishing in overfished area and during closed season
- imprisonment of 6 months and 1 day to 6 years
- Php 60,000
- forfeiture of the catch and cancellation of fishing permit/license
Fishing in fishery reserves, refuge, and sanctuaries
- imprisonment of 2 to 6 years
- Php 2,000 to Php 20,000
- forfeiture of the catch and the cancellation of fishing permit/license
Capture of sabalo (mature milkfish) and other breeders/spawners
- imprisonment of 6 months and 1 day to 8 years
- Php 80,000
- forfeiture of the catch and fishing equipment used, revocation of license
Fishing or taking of rare, thretened or endangered species
- imprisonment of 12 to 20 years
- Php 120,000
- forfeiture of the catch, cancellation of fishing permit
Exportation of breeders, spawners, eggs or fry
- 8 years of imprisonment
- Php 80,000
- destruction of live fishery species/forfeiture of non-live fishery species
Violation of catch ceilings
- imprisonment of 6 months and 1 day to 6 years
- Php 50,000
- forfeiture of the catch and fishing equipment, revocation of license
Aquatic pollution
- imprisonment of 6 years and 1 day to 12 years
- Php 80,000
- Php 8,000 per day
Failure to conduct a yearly report on all fishponds, fish pens and fish cages
- first offense - Php 500
- subsequent offenses - Php 1,000
Failure to comply with minimum safety standards
suspension of the license to operate the commercial fishing vessel
