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Aquatic Ecology > Laws and Regulations Related to Aquatic Resources > Flashcards

Laws and Regulations Related to Aquatic Resources Flashcards

1
Q

The fisheries laws and policies are in hierarchy, Put in order the level of these laws and policies:

A

-Philippine Constitution
-National Law & International Agreements/treaties
-Administrative/Executive Order (National Law implementation)
-Ordinances (LGU)

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2
Q

International: refers to the sustainable development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Ensuring INTERGENERATIONAL EQUITY.

A

Brundtland Report

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3
Q

3 Fundamental Components of Brundtland Report: (3 E’s)

A
  • ENVIRONMENT
  • Social EQUITY (Society)
  • Economic Growth (ECONOMY)
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4
Q

In the Brundtland Report, this component is goaled to get conserve and enhance our resource base by gradually changing the
ways in which we develop & use technologies.

A

Environment

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5
Q

In the Brundtland Report, this component should be revived and developing nations should be allowed a growth
of equal quality to the developed nations

A

Economic growth (economy)

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5
Q

In the Brundtland Report, this component is for developing nations to allow to meet their basic needs of employment, food, water, energy and sanitation, sustainable level of
population

A

Social Equity (Society)

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6
Q

International Agreement: Refers to the 27 legally non-binding principles designed to commit governments to ensure
environmental protection and responsible development. Note: no penalty or punishment for anyone who will not follow.

A

Rio Declaration

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7
Q

A principle in the Rio Declaration evident in the cases of oil spills.

A

Polluter’s pay principle

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8
Q

A principle in the Rio Declaration with the idea of when in doubt, leave it out.

A

Precautionary Principle

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9
Q

People are entitled to a healthy and productive life in harmony with nature and development today must not threaten the needs of present and future
generations.

A

Rio Declaration

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10
Q

Nations have the right to exploit their own resources, but without causing
environmental damage beyond their borders
& environmental protection shall constitute an integral part of the development
process.

A

Rio Declaration

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11
Q

Eradicating poverty and reducing disparities in living standards in different parts of the world is essential if we are to achieve sustainable development whilst meeting the needs of the majority of the people.

A

Rio Declaration

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12
Q

Environmental issues are best handled with the participation of all concerned citizens & the polluter should, in principle, bear the cost of pollution.

A

Rio Declaration

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13
Q

Sustainable development requires a better scientific understanding of the problems. Nations should share knowledge and technologies to achieve the goal of sustainability.

A

Rio Declaration

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14
Q

Refers to ensuring effective conservation, management, and development of both marine and freshwater living aquatic resources. In line with the Rio Declaration.

A

Code of Conduct for Responsible Fisheries

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15
Q

Refers to responsible and sustainable exploitation of biological resources but ensuring that diversity is covered.

A

Convention on Biological Diversity

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16
Q

True or False: Countries have the rights over resources, but these must be utilized in a sustainable manner to ensure that diversity is concerned.

A

True

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17
Q

Lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources.

A

UNCLOS (United Nations Convention on the Law of the Sea)

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18
Q

Maritime zones included in UNCLOS includes:

A

● internal waters
● territorial sea
● contiguous zone
● exclusive economic zone
● continental shelf
● high seas
● area

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19
Q

Refers to the conservation and sustainable use of wetlands.

A

RAMSAR Convention on Wetlands of International Importance

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20
Q

Ramsar Convention on Wetlands of International Importance identifies since they are part of ___________.

A

East Asian Migratory Flyway

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21
Q

What are the 8 RAMSAR Sites in the country:

A

● Olango Island Wildlife Sanctuary
● Agusan March Wildlife Sanctuary
● Naujuan Lake National Park
● Tubbataha Reefs Natural Park
● Puerto Prinsesa Subterranean River National Park
● Las Pinas-Paranaque Critical Habitat and Ecotourism Area
● Negros Occidental Coastal Wetlands Conservation Area
● Samsuan Pampanga Coastal Wetlands

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22
Q

Categories of wetlands in the Philippines:
coral reefs, seagrass beds, salt marshes, estuaries, tidal flats, lagoons, and mangrove areas

A

Coastal/marine

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23
Q

Categories of wetlands in the Philippines: reservoir, dams, fishponds, water storage areas, saltpans, wastewater ponds, and rice paddies

A

Human made

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24
Q

Categories of wetlands in the Philippines: lakes, freshwater swamps, marshes, rivers, natural pools,
streams, peatlands

A

Inland/freshwater

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25
Q

Why are wetlands important?

A

○ one of the world’s most productive environments
○ cradles of biological diversity, providing the water and primary productivity
○ support high concentrations of birds, mammals, reptiles, amphibians, fish and invertebrate species
○ important storehouses of plant genetic material

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26
Q

Benefits of wetlands that includes soil formation, nutrient cycling, water cycle

A

Supporting

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27
Q

Benefits of wetlands that includes climate regulation, erosion regulation, and carbon sequestration

A

Regulating

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28
Q

Benefits of the wetlands that includes recreational, spiritual, and educational

A

Cultural

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29
Q

Benefits of wetlands that includes food, freshwater, fiber, fuel, and genetuc materials

A

Provisioning

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30
Q

True or False: while forests are often described as the lungs of the earth, wetlands are the
kidneys because they filter the upstream pollutants.

A

True

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31
Q

It refers to the protection of wild fauna and flora against overexploitation through international trade.

A

(CITES) Convention on International Trade in Endangered Species of Wild Fauna and Flora

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32
Q

Refers to a global agreement among governments to regulate or ban international trade in species under threat.

A

(CITES) Convention on International Trade in Endangered Species of Wild Fauna and Flora

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33
Q

Under what appendix of CITES containing all species that are threatened with extinction. Trade in these specimens is usually prohibited (occurs only in very exceptional circumstances) or is limited and subject to strict regulation
in order not to endanger further their survival and must only be authorized in exceptional circumstances. Species not supposed to be traded, but only for research and educational
purposes. (ex. dugong or Dugong dugon)

A

Appendix I

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34
Q

Under what appendix of CITES refers to the endangered containing species that, although not threatened with extinction now, might become so unless trade in them is strictly regulated. Also includes other species which must be subject to regulation in order that trade of these species may be brought under effective control. (ex. whale shark or Rhincodon typus & green sea turtle or Chelonia mydas)

A

Appendix II
(65% animal species, 35% plant species)

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35
Q

Under what appendix of CITES that includes all species which any party identifies as being subject to regulation within its jurisdiction for the purpose of preventing of restricting exploitation, and as needing the cooperation of other parties in the control of trade. No species under this appendix in the Philippines. (ex. red and pink corals or Corallium elatius and Corallium japonicum).

A

Appendix III

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36
Q

True or False: Import or export of an Appendix III specimen from the listing country generally needs both an export and an import permit.

A

True

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37
Q

What are the 2 key agencies who have mostly the jurisdictional authority over the coastal environment and its resources?

A

DENR and DA-BFAR

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38
Q

True or False: Illegal Fishing is a violation of the constitutional right.

A

True

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39
Q

It refers to the highest law on the land that establishes, limits, and defines the fundamental powers of the government. It also refers to the provisions related to the environment, subsistence fishermen, and people’s participation in governance.

A

1987 Philippine Constitution

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40
Q

Under Philippine Constitution, refers to the right of people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

A

Art. II, Sec 15 &16

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41
Q

Under Philippine Constitution, refers to protect the nation’s marine wealth; reserve its use and enjoyment exclusively to Filipino citizens.

A

Art. XII, Sec. 2

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42
Q

Under Philippine Constitution, refers to protection of the rights of subsistence fishermen to the preferential use of communal marine and fishing resources

A

Art XIII, Sec. 7

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43
Q

Under Philippine Constitution, refers to effective and reasonable participation of people and their organization in decision-making.

A

Art. XIII

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44
Q

True or False: municipal waters is under the jurisdiction of the municipality based on the Local Government Code of 1991.

A

True

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45
Q

Devolved the primary responsibilities of managing the coastal resources to the LGUs; reinforced people’s participation in planning and implementation process; and providing LGUs to charge certain taxes, fees and charges.

A

RA 7160 (Local Government Code)

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46
Q

True or False: It is the responsibility of the LGUs to implement laws for the majority of activities that
influence the terrestrial and coastal marine zones out to 15 kilometers offshore.

A

True

47
Q

“LGUs may group themselves, consolidate or coordinate
their efforts, services, and resources for purposes
commonly beneficial to them”

A

RA 7160, Sec. 3 (f)

48
Q

“LGUs shall share with the national government the responsibility in the management and maintenance of ecological balance within their territorial jurisdiction subject to the provisions of this code and national policies”

A

RA 7160, Sec. 3 (i)

49
Q

“duty of NGAs in the maintenance of ecological balance– it shall be the duty of every national agency or
government-owned or controlled corporation authorizing or involved in the planning and implementation of any project or program”

A

RA 7160, Sec. 26

50
Q

“FARMCs must represent the fisherfolk in the meetings,
regulations, and legal processes & FARMCs shall be formed by fisherfolk
organizations/cooperatives and NGOs in the locality and be
assisted by the LGUs and other government entities”

A

RA 7160, Sec. 27

51
Q

“Role of POs and NGOs– LGUs shall promote the establishment and operation of POs and NGOs to become active partners in the pursuit of local autonomy”

A

RA 7160, Sec. 34

52
Q

Philippine Clean Water Act of 2004

A

RA 9275

53
Q

Wildlife Resources Conservation and Protection Act

A

RA 9147

54
Q

The Agriculture and Fisheries Modernization Act (AFMA)

A

RA 8435

55
Q

Philippine Fisheries Code:
● provided for the development, management, and conservation of the fisheries and aquatic resources
● the local government uni, in consultation with the FARMC, shall be responsible for the management, conservation, development, protection, and
utilization. What RA?

A

RA 8550

56
Q

Fish Refuge and Sanctuaries: prescribed by the BFAR at least
twenty-five percent (25%) but not more than forty percent (40%) of bays, foreshore lands, continental shelf, or any fishing ground shall be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish.

A

RA 8550, Sec. 81

57
Q

Fishing Areas Reserves for Exclusive Use of Government: the Department may designate areas or areas in Philippine waters beyond fifteen (15) kilometers from the shoreline as fishery reservations for the exclusive use of the government. FARMCs may recommend the portions of the municipal waters for declaration as fisheries reserves.

A

RA 8550, Sec. 80

58
Q

Creation of a National Fisheries Research and Development (NFRDI): A part pf DOST formed in recognition of the important role of fisheries research in the development, management, conservation, and protection of the country’s fisheries and aquatic resources.

A

RA 8550, Sec. 82

59
Q

Banning the Use of Compressor
as Breathing Apparatus in Fishing Activities

A

DILG Memorandum Circular No. 129 series of 2002

60
Q

Establishing a Closed Season for the Conservation of Small
Pelagic Fishes in Davao Gulf

A

Joint DAO-DILG AO 02

61
Q

Establishing Fisheries Management Areas (FMAs)

A

FAO 263

62
Q

When was FAO 263 established?

A

Jan 28, 2019

63
Q

How many FMAs are there?

A

12

64
Q

What is based on approximate stock boundaries, range, distribution, and
structure rather than based on political or legal jurisdictions only that allows for a more ecosystem-based approach to fisheries management,
which considers both ecological well-being and human well-being to ensure
sustainable fisheries?

A

Delineation

65
Q

True or False: The government divided waters into fishing grounds and each FMA has a science advisory group.

A

True

66
Q

It is a purpose of the science advisory group which are set of actions to be taken to achieve a medium or long-term target reference point while avoiding reaching or breaching a limit
reference point.

A

Harvest Control Rules

67
Q

It is a purpose of the science advisory group that benchmark values often based on indicators such as fishery stock size or the level of fishing that serves as standard to compare estimates to a fishery stock size and fishing mortality over time depending on the biological characteristics of the species.

A

Reference Points

68
Q

Regulation on the Use of Super lights and Fishing Light Attractors in Commercial Fishing

A

FAO 262

69
Q

Establishment of Tuna Conservation and Management Zones in the
Mindanao/Celebes Sea

A

FAO 258

70
Q

Establishing Closed Season for the Conservation of Sardines in East Sulu Sea, Basilan Strait and Sibugay Bay

A

FAO 255

71
Q

Banning the Operation of Danish Seine and Modified Danish Seine in Philippine Waters

A

FAO 246 and 246-1

72
Q

True or False: A mere possession of modified Danish seine or Danish seine and its paraphernalia shall constitute prima facie evidence that this person has committed the violation.

A

True

73
Q

Aquatic Wildlife Conservation

A

FAO 233

74
Q

Limiting Commercial Fishing in Manila Bay

A

FAO 232

75
Q

Moratorium on the Issuance of New Commercial Fishing Vessela and Gear

A

FAO 223

76
Q

Conservation of Rare, Threatened, and Endangered Fishery Species

A

FAO 208

77
Q

Banning on Coral Exploitation and Exportation

A

FAO 202

78
Q

Ban of Fishing with Active Gear

A

FAO 201

79
Q

Creation and Implementation of Fisheries and Aquatic Resources Management Council (FARMCs)

A

FAO 196

80
Q

Closed Season for Sardines: Established the closed season for fishing sardines, herring, and mackerel from November 15 to March 15 of every year in selected areas of the Visayas Sea

A

FAO 167 (1989), 167-1 (1990), 167-2 (1991)

81
Q

FAO 167 in 2013, was amended by FAO ______ reducing its coverage to November 15 to February 15, based on the reproductive activity of the sardines.

A

FAO 167-3

82
Q

PD_____: exploitation, utilization, and conservation of coral resources

A

PD 1219

83
Q

PD______: Philippine Environmental Code

A

PD 1152

84
Q

PD_______: increasing the penalties for certain forms of illegal fishing, dealing in illegally caught fish or fishery, aquatic products.

A

PD 1058

85
Q

PD_____: establishing the 200-mile EEZ

A

PD 1599

86
Q

Enhanced National Integrated Protected Areas System (ENIPAS) Act: establishing 94 protected areas classified as National Park based on the requirements of the Philippine Constitution (including Tanon Strait and Philippine Rise or Benham Rise).

A

RA 11038

87
Q

True or False: Protected areas under NIPAS Act are established using a national law, while locally managed protected areas are only established and recognized by local municipalities under local ordinances and municipal regulations.

A

True

88
Q

True or False: The funds and income of the NIPAS protected area go back to the national government.

A

True

89
Q

Apo Island used to be a locally managed protected area, but was elevated to a NIPAS site.

A

True

90
Q

What are the categories of protected areas?

A

○ strict nature reserve- no access to anything and houses
○ natural park
○ wildlife sanctuary
○ protected landscape and seascape
○ resource reserve
○ natural biotic areas

91
Q

Protected Areas are managed by ________.

A

DENR

92
Q

National Integrated Protected Areas System Act: an act providing for the establishment and management of a national
integrated protected areas system, defining its scope and coverage and for other purposes. Also, aims to regulate bioprospecting within protected areas as well as establishes guidelines for research, sample collection, and resource utilization.

A

RA 7856

93
Q

It is an act to prevent, deter, and eliminate illegal, unreported, and unregulated (IUU) fishing. Primarily amended IUU fishing penalties and prohibitions.

A

RA 10654

94
Q

What are the effects of RA 10654 on the Fisheries Code of 1998 (RA 8550)?

A

○ leave as is certain sections
○ amended certain sections
○ added new provisions

95
Q

Eight (8) salient feature of the RA 10654 amendment:

A
  • area’s carrying capacity and fishing vessel determination
  • reportorial requirements
  • Monitoring, Control, and Surveillance (MCS) System
  • citizen’s suit
  • community service
  • SLAPP
  • harsher penalties for violations
  • additional 21 prohibited acts
96
Q

Salient feature of RA 10654 amendment where commercial fishing vessels is required to keep a daily record of fish catch, spoilage, fishing effort, and other information (for stock assessment and fishing effort purposes).

A

Reportorial requirements

97
Q

Salient feature of RA 10654 amendment where municipal,
commercial, and distant water fishing vessels are required to comply with vessel monitoring measures.

A

Monitoring, Control, and Surveillance (MCS) System

98
Q

It refers to a legal remedy to promote the citizen’s right to
participate in decision-making, enhance civil and political rights, and ensure implementation of the law.

A

Citizen’s suit

99
Q

This is done when the offender is a municipal fisherfolk or has no property, community service may be rendered in lieu of the fine such as:
■ planting of mangroves
■ developing and disseminating information, education campaign material on fishery and fishery resource management and conservation
■ participating in or undertaking a coastal clean-up operation

A

Community service

100
Q

Enforcers and the citizens who push for fishery reforms can use this defense in cases filed to harass or vex them.

A

Strategic lawsuit against Public Participation (SLAPP) measure

101
Q

True or False: Fines could reach up to 90 million for unreported fishing except for administrative actions, all cases involving violations of the Fisheries Code and its amendments are governed by the Rules of Procedure for Environmental cases

A

True

102
Q

Regulatory mechanisms to address illegal, unreported, and
unregulated (IUU fishing):

A

● penalties for engaging in IUU fishing
● reportorial requirements for fish catch
● deployment of a monitoring, control, and surveillance,
and traceability system for municipal fishing vessel
● implementation of boarding and inspection protocols
● adoption and implementation of port state measures
● trade-related measures on IUU fishing-derived products

103
Q

Prohibitions on IUU fishing pertaining to fishing activities conducted by Philippine fishing vessels operating in violation of
Philippine Laws, Regional Fisheries Management Organization (RFMO) resolutions, and laws of other coastal states.

A

Illegal Fishing

104
Q

Prohibitions on IUU fishing referring to fishing activities
conducted by vessels without nationality but operated
by Filipino corporations, Philippine-flagged fishing
vessels operating in areas managed by RFMOs, and Philippine-flagged fishing vessels operating in areas or
fish stocks with no conservation.

A

Unregulated Fishing

105
Q

Prohibitions on IUU fishing referring to activities that have not been reported or have been misreported and fishing activities undertaken in an area of competence of a relevant
RFMO.

A

Unreported Fishing

106
Q

Classifications on IUU Fishing:
○ actual use of explosives, noxious or poisonous substances and/or electricity for illegal fishing
○ mere possession of explosive, noxious or
poisonous substances and/or electrofishing
devices for illegal fishing
○ dealing in, selling, or disposing of, for profit,
illegally caught fisheries species
○ use of fine mesh net
○ use of active gear in the municipal waters and
bays and other gears
○ ban on muro-ami and any of its variations
○ ban on gear and methods which destroys coral
reefs, seagrass beds, and other fishery marine life habitat
○ prohibitions on IUU fishing

A

Based on fishing method employed

107
Q

Classifications on IUU Fishing:
○ commercial fishing vessels fishing within municipal water
○ CFVs fishing in bays and fisheries management areas declared as overexploited
○ commercial fishing activities by municipal fisherfolk within municipal waters without being
listed in the registry
○ poaching in Philippine waters
○ fishing in overfished areas and during closed seasons
○ fishing in fishery reserves, refuge, and sanctuaries declared by DA
○ use of active gear in municipal water

A

Based on location of fishery activity

108
Q

True or False: compressor fishing is not prohibited in
the Philippines, but there is a DILG Memorandum Circular 2002-219 to ban the use of compressor apparatus in all fishing activities

A

True

109
Q

Classifications on IUU Fishing:
○ banoncoral exploitation and exportation
○ ban on the gathering of white sand, silica,
pebbles, and other substances that make up
marine habitat
○ conversion of mangroves
○ fishing or taking of rare, threatened, or
endangered species
○ ban on taking, catching, selling, purchasing, or
possessing, transporting, and exporting of
whale sharks and manta rays
○ capture of sabalo and other breeder/spawners
not for local breeding or scientific or research
purposes

A

Based on resources exploited

110
Q

Section ____: Unauthorized Fishing
■ the boat captain and three highest officers and the owner or operator who violates the provision shall be penalized with confiscation of catch and gear and an administrative fine of 5 times the value of the catch.
■ upon conviction by a court of law, the boat captain and three
highest officers shall suffer the penalty of imprisonment of 6
months and confiscation of catch and gear and twice the
amount of the administrative fine.

A

Section 86

111
Q

Section ____: Engaging in Unauthorized Fisheries Activities
■ the offender shall suffer the penalty of imprisonment of 6
months, a fine equivalent to twice the amount of the
administrative fine, the dismantling or removal of the structure at the expense of the offender, rehabilitation of the area affected by the activity, and confiscation of stocks.

A

Section 87

112
Q

Section _____: Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing

A

Section 88

113
Q

Section____: Unreported Fishing

A

Section 89

114
Q

Section ______: Unregulated Fishing

A

Section 90

115
Q

Section______: Fishing Through Explosives, Noxious or Poisonous Substances, or Electricity

A

Section 92

116
Q

Section______: Use of Fine Mesh Net

A

Section 93

Aquatic Ecology (9 decks)

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