Marine Bioresources LAWS Flashcards
An Act providing for the development, management, and conservation of fisheries and aquatic resources, integrating all laws pertinent thereto, and for other purposes.
The Code makes provision for the management and conservation of fisheries and aquaculture in the Philippines and the reconstitution or establishment of fisheries institutions both at the national and local level.
R.A. No. 8550 - Philippine Fisheries Code
It is a declared policy to limit access to the fishery and aquatic resources of the Philippines for the exclusive use and enjoyment of all citizens, including women and youth sectors. Another principle of policy is the protection of municipal fishermen. Fishery and aquatic resources shall be managed in a manner consistent with the concept of integrated coastal area management.
CHAPTER I: Declaration of Policy and Definitions
It contains the main body of rules relative to the management and conservation of fisheries and to aquaculture. Fisheries are classified in municipal fisheries, i.e. fishing in municipal waters, and commercial fishing. Provisions of the Chapter also regulate post-harvest facilities, activities and trade.
CHAPTER II - Utilization, Management, Development, Conservation and Allocation System of Fisheries and Aquatic Resources
It is created under section 70 and municipal/city councils under section 73. These institutions shall assist in the formulation of national policies and local policies respectively.
National Fisheries and Aquatic Management Council
The Bureau of Fisheries and Aquatic resources is reconstituted and Fisheries and Aquatic Management Councils are created under provisions of ___________.
CHAPTER III - Reconstitution of the Bureau of Fisheries and Aquatic Resources and Creation of Fisheries and Aquatic Resources Management Councils
It is a national policy advisory and policy implementation body.
Bureau
The Department of Fisheries may designate areas in Philippine waters beyond 15 kilometres of the shoreline as fishery reservations or fish refuges and sanctuaries in bays, foreshore lands, continental shelf or any fishing ground to be set aside for the cultivation of mangroves to strengthen the habitat and the spawning grounds of fish.
CHAPTER IV Fishery Reserves, Refuge, and Sanctuaries
The Department may establish fish refuge and sanctuaries to be administered in the manner to be 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.
SECTION 81. Fish Refuge and Sanctuaries.
Creation of a National Fisheries Research and Development Institute (NFRDI). — In recognition of the important role of fisheries research in the development, management, conservation and protection of the country ’s fisheries and aquatic resources, there is hereby created a National Fisheries Research and Development Institute (NFRDI).
CHAPTER V - Fisheries Research and Development
It shall be unlawful for any person to capture or gather or to cause the capture or gathering of fish, fry or fingerlings of any fishery species or fishery products without license or permit from the Department or LGU.
Section 86. Unauthorized Fishing
Upon conviction by a court of law, the boat captain and the three (3) highest officers of the commercial fishing vessel shall suffer the penalty of imprisonment of six (6) months and confiscation of catch and gear and twice the amount of the administrative fine.
CHAPTER VI - Prohibitions and Penalties
Fishery operations involving the breeding and farming of fish and other fishery species shall comply with good aquaculture practices and the guidelines for environmentally-sound design and operation for the sustainable development of the aquaculture industry which shall be promulgated by the Department.
Section 112. Noncompliance with Good Aquaculture Practices
It shall be unlawful for any person to construct or import fishing vessels or gears or to convert other vessels into fishing vessels without permit from the Department.
Section 120. Constructing, Importing or Converting Fishing Vessels or Gears Without Permit from the Department
The Department is hereby empowered to impose the administrative fines and penalties provided in this Code.
Section 130. Administrative Adjudication.
An Act providing for the implementation of the provisions of the 1992 International Convention on Civil Liability for Oil Pollution Damage and the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, providing penalties for violations thereof, and for other purposes.
R.A. No 9483 - Oil Spill
Compensation Act of 2007
The Department shall, on its own instance or upon verified complaint by any person, institute administrative proceedings against any person who violates any order, rule or regulation issued by the Department, pursuant to this Code.
Section 131. Commencement of Summary Administrative Action.
The State, in the protection of its marine wealth in its archipelagic waters, territorial sea and exclusive economic zone, adopts internationally accepted measures which impose strict liability for Oil Pollution Damage and ensure prompt and adequate compensation for persons who suffer such damage. This Act adopts and implements the provisions of the 1992 International Convention on Civil Liability for Oil Pollution Damage and the 1992 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage.
SEC. 2. Declaration of Policy
Evaporation is the process of turning liquid into gas. In this process, the heat from the sun causes the water on earth from many sources (oceans, rivers, ponds, and lakes) evaporate and rise up to the sky.
CHAPTER II - STRICT LIABILITY FOR OIL POLLUTION DAMAGE
The limited liability, under this Section , may not be a vailed of by the Owner if it has been established that such Pollution Damage resulted from his personal act or omission, committed with intent to cause such damage, or recklessly with the knowledge that such damage would probably result. Provided, further, that the limit of liability the owner as aforementioned shall be subject to adjustment to adjustment according to subsequent amendments to the 1992 Civil Liability Convention.
CHAPTER III - SYSTEM OF LIMITATION OF LIABILITY
AU Owners shall be required annually by the MARINA to maintain insurance or other financial security for Pollution Damage in the sums fixed by applying the limits of liability under Section 10 of this Act.
SEC. 12. Maintenance of Compulsory Insurance or Other Financial Security.
A certificate attesting that an insurance or any other financial security is in force in accordance with the provisions of this Act shall be issued to each Ship carrying more than two thousand (2,000) tons of Oil in bulk as cargo by the MARINA. With respect to a Ship not registered in a convention-member State, such a certificate may be issued or certified by the MARINA.
SEC. 13. Issuance of a Certificate.
What Chapter does have SEC. 12. Maintenance of Compulsory Insurance or Other Financial Security and SEC. 13. Issuance of a Certificate
CHAPTER IV - SYSTEM OF COMPULSORY INSURANCE AND CERTIFICATION
Any person who has received more than one hundred fifty thousand (150,000) tons of contributing Oil in a calendar year in all ports or terminal installations in the Philippines through carriage by sea, shall pay contributions to the International Oil Pollution Compensation (IOPC) Fund in accordance with the provisions of the 1992 Fund Convention.
CHAPTER V - CONTRIBUTION TO THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND
An action for compensation on account of Pollution Damage resulting from the Incident which occurred in the territory may be brought before the RTC.
CHAPTER VI - ACTION FOR COMPENSATION
