Article 127p. 127

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

(2)

years

and

a

fine

twice

the

amount

of

the

administrative fine and cancellation of license or permit.

Section

116.

Noncompliance

with Fisheries Observer

Coverage. – (a) It shall be unlawful for Philippine distant

water fishing vessel to sail without a fisheries observer

on

board

as

required

by

RFMO

conservation

and

management measures.

(b) It shall be unlawful for commercial fishing vessels to

sail without a fisheries observer in compliance with this

Code and the rules and regulations promulgated by the

Department.

Upon a summary finding of administrative liability, an

offender shall be punished with a fine of Five hundred

thousand pesos (P500,000.00) and forfeiture of the catch

and gear.

Upon conviction by a court of law, the offender shall be

punished with imprisonment of one (1) month and one

(1) day to six (6) months and fine of twice the amount of

the

administrative

fine,

confiscation

of

catch

and

suspension or cancellation of license.

Section 117. Noncompliance with Port State Measures. –

No foreign fishing vessel shall be allowed entry without

providing at least twenty-four (24)-hour prior notice.

When a foreign fishing vessel is granted entry, failure to

provide a catch report shall be deemed unlawful. It shall

likewise be unlawful for any person to fail to comply with

other rules on port state measures promulgated by the

Department in coordination with port state authorities.

Failure to comply with the 24-hour period may result in

denial of permission to enter or use of port facilities and

the vessel may be subject to onboard inspection and/or

impoundment.

Section

118.

Failure

to

Comply

with

Rules

and

Regulations

on

Conservation

and

Management

Measures. – It shall be unlawful for any person to fail to

comply with conservation and management measures

adopted in rules and regulations to be promulgated by

the Department pursuant to international conventions,

RFMO resolutions and laws of coastal states where

Philippine vessels fish.

Upon

a

summary finding of administrative liability,

violation of the rules and regulations promulgated by

the Department shall be punished with confiscation of

catch and suspension or cancellation of license or permit

and an administrative fine of twice the value of the catch

or the amount indicated below whichever is higher:

(1) Twenty thousand pesos (P20,000.00) for municipal

fishing or community service in case of failure to pay the

fine;

(2) One million pesos (P1,000,000.00) for small-scale

commercial fishing;

(3)

Two

million

five

hundred

thousand

pesos

(P2,500,000.00), for medium-scale commercial fishing;

and

(4) Five million pesos (P5,000,000.00), for large-scale

commercial fishing.

Upon conviction by a court of law, the offender shall be

punished with imprisonment of six (6) months and fine

twice

the

amount

of

the

administrative

fine,

and

confiscation of the catch and suspension or cancellation

of license.

Section

119.

Noncompliance

with

Vessel

Monitoring

Measures. – No municipal, commercial or distant water

fishing vessel shall engage in fishing activity without

complying

with

the

vessel

monitoring

measures

promulgated by the Department in coordination with

the

LGUs:

Provided,

That

for

vessels

operating

in

Philippine

waters,

only

the

catcher

vessel shall be

covered by this requirement. It shall also be unlawful to

intentionally tamper with, switch off or disable the vessel

monitoring system.

Upon a summary finding of administrative liability, the

fishing vessel owner, master or any other person acting

on behalf of the vessel owner shall be punished with

confiscation of catch, suspension or revocation of the

license and an administrative fine equivalent to twice

the value of the catch or the amount indicated below,

whichever is higher:

(1) Ten thousand pesos (P10,000.00) for municipal fishing

or community service in case of failure to pay the fine;

(2) Two hundred fifty thousand pesos (P250,000.00) for

small-scale commercial fishing;

(3)

Five

hundred

thousand

pesos

(P500,000.00) for

medium-scale commercial fishing; and

(4)

Two

million

five

hundred

thousand

pesos

(P2,500,000.00) for large-scale commercial fishing.

In case of violation committed in waters beyond national

jurisdiction, the administrative fine shall be equivalent to

five times the value of the catch or twice the amount

indicated above, whichever is higher.

Upon conviction by a court of law, the master or any

other person acting on behalf of the vessel owner shall

be punished with imprisonment of six (6) months to two

(2) years and fine twice the amount of the administrative

fine, confiscation of catch and suspension or revocation

of the license.

Section

120.

Constructing,

Importing

or

Converting

Fishing

Vessels

or

Gears

Without Permit from the

Department. – 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.

Upon a summary finding of administrative liability, the

offender

shall

be

imposed

the

penalty

of

an

administrative fine of:

(1) Fifty thousand pesos (P50,000.00) for small-scale

commercial fishing;

(2)

Five

hundred

thousand

pesos

(P500,000.00) for

medium-scale commercial fishing; and

(3)

Two

million

five

hundred

thousand

pesos

(P2,500,000.00) for large-scale commercial fishing.

Upon conviction by a court of law, the offender shall

suffer the penalty of imprisonment from one (1) month

and one (1) day to six (6) months and fine of twice the

amount of the administrative fine.

Section 121. Use of Unlicensed Gear. – Any person who

uses a fishing gear or method for commercial fishing

without license from the Department shall, upon a

summary finding of administrative liability, be fined

from Two hundred thousand pesos (P200,000.00) to Five

hundred

thousand

pesos

(P500,000.00)

per

gear

depending on the seriousness of the violation.

Upon conviction by a court of law, the offender shall be

imposed

the

penalty

of

fine

from

Four

hundred

thousand pesos (P400,000.00) to One million pesos

(P1,000,000.00) depending on the seriousness of the

violation.1âwphi1

© 2018 Compiled by RGL

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