AN ACT TO PREVENT

Case Overview and Summary

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