Republic of the Philippines
CONGRESS OF THE PHILIPPINES
Metro ManilaSixteenth Congress
Second Regular SessionBegun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand fourteen.
REPUBLIC ACT NO. 10654
AN ACT TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING, AMENDING REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS "THE PHILIPPINE FISHERIES CODE OF 1998," AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Section 2 of Republic Act No. 8550, otherwise known as "The Philippine Fisheries Code of 1998", is hereby amended, as follows:
"SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State:
(a) x x x
x x x
(c) To ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the primordial objective of maintaining a sound ecological balance, protecting and enhancing the quality of...
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Republic Acts
AN ACT TO PREVENT
Republic Act No. 10654
Summary of Republic Act No. 10654 (An Act to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing)
Declaration of Policy (Section 2)
• Ensure sustainable development, management and conservation of fishery and aquatic resources
• Pursue international commitments to conserve and manage threatened species, straddling and migratory fish stocks
• Adopt precautionary principle and ecosystem-based approach to fisheries management
Application and Coverage (Sections 3-4)
• Applies to all Philippine waters, aquatic resources, lands for aquaculture, and Philippine-flagged fishing vessels
• Defines key terms like illegal fishing, unreported fishing, unregulated fishing, fisheries observer, conservation measures, etc.
Fees and Access to Fishery Resources (Sections 6-7)
• Rentals and license fees to reflect resource rent and be determined by the Department
• Department to issue licenses based on harvest control rules and give preference to local communities
Harvest Control Rules and Reference Points (Section 8)
• Department may establish reference points and harvest control rules for fishery management areas
Monitoring, Control and Surveillance (Section 14)
• Department to establish MCS system for Philippine waters and Philippine-flagged vessels
Commercial Fishing Vessel Licenses (Sections 30-31)
• Commercial fishing vessel licenses valid for 3 years and must be renewed
• Ownership transfer must be notified within 10 days
Distant Water Fishing (Section 32)
• Philippine vessels may engage in distant water fishing with permit and compliance with requirements
• Catch considered as from Philippine waters if landed at designated ports
Importation and Construction of Fishing Vessels (Section 33)
• Requires approval from Department before importing or constructing new fishing vessels
Reportorial Requirements (Section 38)
• Commercial fishing vessels must record and report catch data (Section 38)
Port State Measures (Section 42)
• Department authorized to adopt port state measures for foreign fishing vessels
• Regulates transhipment by Philippine vessels
Use of Superlights and Fishing Light Attractors (Section 44)
• Regulates use of superlights and fishing light attractors by the Department and LGUs
Trade-Related Measures (Section 62)
• Department to set standards for fishery transactions and trade
• May prescribe trade measures to reduce IUU fishing
Functions of BFAR (Section 65)
• Prepare fisheries development plan, implement rules for straddling and migratory stocks
• Deploy fisheries observers, implement boarding and inspection, adopt monitoring systems
• Manage fishing capacity, declare overexploited areas, impose fees and charges
• Initiate criminal prosecution for violations
Prohibitions and Penalties (Sections 86-129)
• Prohibits unauthorized fishing, use of explosives/noxious substances, fine mesh nets, fishing in overexploited areas, use of active gear in municipal waters, coral exploitation, fishing during closed seasons, fishing in MPAs, taking endangered species, capture of breeders/spawners, exportation of breeders/spawners, importation/exportation violations, violation of harvest control rules, aquatic pollution, non-compliance with safety standards, non-submission of reports, gathering undersized shellfish, obstruction to navigation, non-compliance with aquaculture practices, employing unlicensed crew, obstructing migration paths, obstructing enforcement officers, non-compliance with observers, port state measures, conservation measures, vessel monitoring, construction without permit, use of unlicensed gear, falsifying vessel markings, concealing evidence, introducing exotic species, non-compliance with trade standards, possessing illegally caught fish
• Prescribes fines from ₱5,000 to ₱45 million and imprisonment from 1 month to 20 years depending on violation and scale of fishing
Administrative Adjudication (Sections 130-140)
• Department empowered to impose administrative fines and penalties
• Adjudication Committee to be organized to conduct proceedings
• Procedures for issuing orders, confiscation, prohibition on injunctions
• Allows accompanying sanctions like gear confiscation, license revocation, vessel impoundment
• Allows community service in lieu of fines
• Allows citizen suits
• Prohibits strategic lawsuits against public participation (SLAPP)
• Requires Fisheries National Administrative Register
Fisheries Management Fund (Section 142)
• Establishes fund from fines, sale proceeds, donations for conservation, research, livelihood, facilities
Declaration of Policy (Section 2)
• Ensure sustainable development, management and conservation of fishery and aquatic resources
• Pursue international commitments to conserve and manage threatened species, straddling and migratory fish stocks
• Adopt precautionary principle and ecosystem-based approach to fisheries management
Application and Coverage (Sections 3-4)
• Applies to all Philippine waters, aquatic resources, lands for aquaculture, and Philippine-flagged fishing vessels
• Defines key terms like illegal fishing, unreported fishing, unregulated fishing, fisheries observer, conservation measures, etc.
Fees and Access to Fishery Resources (Sections 6-7)
• Rentals and license fees to reflect resource rent and be determined by the Department
• Department to issue licenses based on harvest control rules and give preference to local communities
Harvest Control Rules and Reference Points (Section 8)
• Department may establish reference points and harvest control rules for fishery management areas
Monitoring, Control and Surveillance (Section 14)
• Department to establish MCS system for Philippine waters and Philippine-flagged vessels
Commercial Fishing Vessel Licenses (Sections 30-31)
• Commercial fishing vessel licenses valid for 3 years and must be renewed
• Ownership transfer must be notified within 10 days
Distant Water Fishing (Section 32)
• Philippine vessels may engage in distant water fishing with permit and compliance with requirements
• Catch considered as from Philippine waters if landed at designated ports
Importation and Construction of Fishing Vessels (Section 33)
• Requires approval from Department before importing or constructing new fishing vessels
Reportorial Requirements (Section 38)
• Commercial fishing vessels must record and report catch data (Section 38)
Port State Measures (Section 42)
• Department authorized to adopt port state measures for foreign fishing vessels
• Regulates transhipment by Philippine vessels
Use of Superlights and Fishing Light Attractors (Section 44)
• Regulates use of superlights and fishing light attractors by the Department and LGUs
Trade-Related Measures (Section 62)
• Department to set standards for fishery transactions and trade
• May prescribe trade measures to reduce IUU fishing
Functions of BFAR (Section 65)
• Prepare fisheries development plan, implement rules for straddling and migratory stocks
• Deploy fisheries observers, implement boarding and inspection, adopt monitoring systems
• Manage fishing capacity, declare overexploited areas, impose fees and charges
• Initiate criminal prosecution for violations
Prohibitions and Penalties (Sections 86-129)
• Prohibits unauthorized fishing, use of explosives/noxious substances, fine mesh nets, fishing in overexploited areas, use of active gear in municipal waters, coral exploitation, fishing during closed seasons, fishing in MPAs, taking endangered species, capture of breeders/spawners, exportation of breeders/spawners, importation/exportation violations, violation of harvest control rules, aquatic pollution, non-compliance with safety standards, non-submission of reports, gathering undersized shellfish, obstruction to navigation, non-compliance with aquaculture practices, employing unlicensed crew, obstructing migration paths, obstructing enforcement officers, non-compliance with observers, port state measures, conservation measures, vessel monitoring, construction without permit, use of unlicensed gear, falsifying vessel markings, concealing evidence, introducing exotic species, non-compliance with trade standards, possessing illegally caught fish
• Prescribes fines from ₱5,000 to ₱45 million and imprisonment from 1 month to 20 years depending on violation and scale of fishing
Administrative Adjudication (Sections 130-140)
• Department empowered to impose administrative fines and penalties
• Adjudication Committee to be organized to conduct proceedings
• Procedures for issuing orders, confiscation, prohibition on injunctions
• Allows accompanying sanctions like gear confiscation, license revocation, vessel impoundment
• Allows community service in lieu of fines
• Allows citizen suits
• Prohibits strategic lawsuits against public participation (SLAPP)
• Requires Fisheries National Administrative Register
Fisheries Management Fund (Section 142)
• Establishes fund from fines, sale proceeds, donations for conservation, research, livelihood, facilities