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)
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
3
Q
3 Fundamental Components of Brundtland Report: (3 E’s)
A
- ENVIRONMENT
- Social EQUITY (Society)
- Economic Growth (ECONOMY)
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
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)
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)
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
7
Q
A principle in the Rio Declaration evident in the cases of oil spills.
A
Polluter’s pay principle
8
Q
A principle in the Rio Declaration with the idea of when in doubt, leave it out.
A
Precautionary Principle
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
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
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
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
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
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
15
Q
Refers to responsible and sustainable exploitation of biological resources but ensuring that diversity is covered.
A
Convention on Biological Diversity
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
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)
18
Q
Maritime zones included in UNCLOS includes:
A
● internal waters
● territorial sea
● contiguous zone
● exclusive economic zone
● continental shelf
● high seas
● area
19
Q
Refers to the conservation and sustainable use of wetlands.
A
RAMSAR Convention on Wetlands of International Importance
20
Q
Ramsar Convention on Wetlands of International Importance identifies since they are part of ___________.
A
East Asian Migratory Flyway
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
22
Q
Categories of wetlands in the Philippines:
coral reefs, seagrass beds, salt marshes, estuaries, tidal flats, lagoons, and mangrove areas
A
Coastal/marine
23
Q
Categories of wetlands in the Philippines: reservoir, dams, fishponds, water storage areas, saltpans, wastewater ponds, and rice paddies
A
Human made
24
Categories of wetlands in the Philippines: lakes, freshwater swamps, marshes, rivers, natural pools,
streams, peatlands
Inland/freshwater
25
Why are wetlands important?
○ 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
26
Benefits of wetlands that includes soil formation, nutrient cycling, water cycle
Supporting
27
Benefits of wetlands that includes climate regulation, erosion regulation, and carbon sequestration
Regulating
28
Benefits of the wetlands that includes recreational, spiritual, and educational
Cultural
29
Benefits of wetlands that includes food, freshwater, fiber, fuel, and genetuc materials
Provisioning
30
True or False: while forests are often described as the lungs of the earth, wetlands are the
kidneys because they filter the upstream pollutants.
True
31
It refers to the protection of wild fauna and flora against overexploitation through international trade.
(CITES) Convention on International Trade in Endangered Species of Wild Fauna and Flora
32
Refers to a global agreement among governments to regulate or ban international trade in species under threat.
(CITES) Convention on International Trade in Endangered Species of Wild Fauna and Flora
33
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)
Appendix I
34
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)
Appendix II
(65% animal species, 35% plant species)
35
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).
Appendix III
36
True or False: Import or export of an Appendix III specimen from the listing country generally needs both an export and an import permit.
True
37
What are the 2 key agencies who have mostly the jurisdictional authority over the coastal environment and its resources?
DENR and DA-BFAR
38
True or False: Illegal Fishing is a violation of the constitutional right.
True
39
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.
1987 Philippine Constitution
40
Under Philippine Constitution, refers to the right of people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.
Art. II, Sec 15 &16
41
Under Philippine Constitution, refers to protect the nation’s marine wealth; reserve its use and enjoyment exclusively to Filipino citizens.
Art. XII, Sec. 2
42
Under Philippine Constitution, refers to protection of the rights of subsistence fishermen to the preferential use of communal marine and fishing resources
Art XIII, Sec. 7
43
Under Philippine Constitution, refers to effective and reasonable participation of people and their organization in decision-making.
Art. XIII
44
True or False: municipal waters is under the jurisdiction of the municipality based on the Local Government Code of 1991.
True
45
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.
RA 7160 (Local Government Code)
46
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.
True
47
“LGUs may group themselves, consolidate or coordinate
their efforts, services, and resources for purposes
commonly beneficial to them”
RA 7160, Sec. 3 (f)
48
“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”
RA 7160, Sec. 3 (i)
49
“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"
RA 7160, Sec. 26
50
"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"
RA 7160, Sec. 27
51
“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”
RA 7160, Sec. 34
52
Philippine Clean Water Act of 2004
RA 9275
53
Wildlife Resources Conservation and Protection Act
RA 9147
54
The Agriculture and Fisheries Modernization Act (AFMA)
RA 8435
55
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?
RA 8550
56
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.
RA 8550, Sec. 81
57
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.
RA 8550, Sec. 80
58
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.
RA 8550, Sec. 82
59
Banning the Use of Compressor
as Breathing Apparatus in Fishing Activities
DILG Memorandum Circular No. 129 series of 2002
60
Establishing a Closed Season for the Conservation of Small
Pelagic Fishes in Davao Gulf
Joint DAO-DILG AO 02
61
Establishing Fisheries Management Areas (FMAs)
FAO 263
62
When was FAO 263 established?
Jan 28, 2019
63
How many FMAs are there?
12
64
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?
Delineation
65
True or False: The government divided waters into fishing grounds and each FMA has a science advisory group.
True
66
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.
Harvest Control Rules
67
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.
Reference Points
68
Regulation on the Use of Super lights and Fishing Light Attractors in Commercial Fishing
FAO 262
69
Establishment of Tuna Conservation and Management Zones in the
Mindanao/Celebes Sea
FAO 258
70
Establishing Closed Season for the Conservation of Sardines in East Sulu Sea, Basilan Strait and Sibugay Bay
FAO 255
71
Banning the Operation of Danish Seine and Modified Danish Seine in Philippine Waters
FAO 246 and 246-1
72
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.
True
73
Aquatic Wildlife Conservation
FAO 233
74
Limiting Commercial Fishing in Manila Bay
FAO 232
75
Moratorium on the Issuance of New Commercial Fishing Vessela and Gear
FAO 223
76
Conservation of Rare, Threatened, and Endangered Fishery Species
FAO 208
77
Banning on Coral Exploitation and Exportation
FAO 202
78
Ban of Fishing with Active Gear
FAO 201
79
Creation and Implementation of Fisheries and Aquatic Resources Management Council (FARMCs)
FAO 196
80
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
FAO 167 (1989), 167-1 (1990), 167-2 (1991)
81
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.
FAO 167-3
82
PD_____: exploitation, utilization, and conservation of coral resources
PD 1219
83
PD______: Philippine Environmental Code
PD 1152
84
PD_______: increasing the penalties for certain forms of illegal fishing, dealing in illegally caught fish or fishery, aquatic products.
PD 1058
85
PD_____: establishing the 200-mile EEZ
PD 1599
86
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).
RA 11038
87
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.
True
88
True or False: The funds and income of the NIPAS protected area go back to the national government.
True
89
Apo Island used to be a locally managed protected area, but was elevated to a NIPAS site.
True
90
What are the categories of protected areas?
○ strict nature reserve- no access to anything and houses
○ natural park
○ wildlife sanctuary
○ protected landscape and seascape
○ resource reserve
○ natural biotic areas
91
Protected Areas are managed by ________.
DENR
92
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.
RA 7856
93
It is an act to prevent, deter, and eliminate illegal, unreported, and unregulated (IUU) fishing. Primarily amended IUU fishing penalties and prohibitions.
RA 10654
94
What are the effects of RA 10654 on the Fisheries Code of 1998 (RA 8550)?
○ leave as is certain sections
○ amended certain sections
○ added new provisions
95
Eight (8) salient feature of the RA 10654 amendment:
- 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
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).
Reportorial requirements
97
Salient feature of RA 10654 amendment where municipal,
commercial, and distant water fishing vessels are required to comply with vessel monitoring measures.
Monitoring, Control, and Surveillance (MCS) System
98
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.
Citizen's suit
99
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
Community service
100
Enforcers and the citizens who push for fishery reforms can use this defense in cases filed to harass or vex them.
Strategic lawsuit against Public Participation (SLAPP) measure
101
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
True
102
Regulatory mechanisms to address illegal, unreported, and
unregulated (IUU fishing):
● 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
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.
Illegal Fishing
104
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.
Unregulated Fishing
105
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.
Unreported Fishing
106
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
Based on fishing method employed
107
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
Based on location of fishery activity
108
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
True
109
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
Based on resources exploited
110
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.
Section 86
111
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.
Section 87
112
Section _____: Failure to Secure Fishing Permit Prior to Engaging in Distant Water Fishing
Section 88
113
Section____: Unreported Fishing
Section 89
114
Section ______: Unregulated Fishing
Section 90
115
Section______: Fishing Through Explosives, Noxious or Poisonous Substances, or Electricity
Section 92
116
Section______: Use of Fine Mesh Net
Section 93
