Marine Bioresources LAWS

Question 1

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.

Answer 1

R.A. No. 8550 - Philippine Fisheries Code

Question 2

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.

Answer 2

CHAPTER I: Declaration of Policy and Definitions

Question 3

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.

Answer 3

CHAPTER II - Utilization, Management, Development, Conservation and Allocation System of Fisheries and Aquatic Resources

Question 4

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.

Answer 4

National Fisheries and Aquatic Management Council

Question 5

The Bureau of Fisheries and Aquatic resources is reconstituted and Fisheries and Aquatic Management Councils are created under provisions of ___________.

Answer 5

CHAPTER III - Reconstitution of the Bureau of Fisheries and Aquatic Resources and Creation of Fisheries and Aquatic Resources Management Councils

Question 6

It is a national policy advisory and policy implementation body.

Answer 6

Bureau

Question 7

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.

Answer 7

CHAPTER IV Fishery Reserves, Refuge, and Sanctuaries

Question 8

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.

Answer 8

SECTION 81. Fish Refuge and Sanctuaries.

Question 9

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).

Answer 9

CHAPTER V - Fisheries Research and Development

Question 10

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.

Answer 10

Section 86. Unauthorized Fishing

Question 11

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.

Answer 11

CHAPTER VI - Prohibitions and Penalties

Question 12

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.

Answer 12

Section 112. Noncompliance with Good Aquaculture Practices

Question 13

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.

Answer 13

Section 120. Constructing, Importing or Converting Fishing Vessels or Gears Without Permit from the Department

Question 14

The Department is hereby empowered to impose the administrative fines and penalties provided in this Code.

Answer 14

Section 130. Administrative Adjudication.

Question 15

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.

Answer 15

R.A. No 9483 - Oil Spill
Compensation Act of 2007

Question 16

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.

Answer 16

Section 131. Commencement of Summary Administrative Action.

Question 17

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.

Answer 17

SEC. 2. Declaration of Policy

Question 18

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.

Answer 18

CHAPTER II - STRICT LIABILITY FOR OIL POLLUTION DAMAGE

Question 19

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.

Answer 19

CHAPTER III - SYSTEM OF LIMITATION OF LIABILITY

Question 20

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.

Answer 20

SEC. 12. Maintenance of Compulsory Insurance or Other Financial Security.

Question 21

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.

Answer 21

SEC. 13. Issuance of a Certificate.

Question 22

What Chapter does have SEC. 12. Maintenance of Compulsory Insurance or Other Financial Security and SEC. 13. Issuance of a Certificate

Answer 22

CHAPTER IV - SYSTEM OF COMPULSORY INSURANCE AND CERTIFICATION

Question 23

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.

Answer 23

CHAPTER V - CONTRIBUTION TO THE INTERNATIONAL OIL POLLUTION COMPENSATION FUND

Question 24

An action for compensation on account of Pollution Damage resulting from the Incident which occurred in the territory may be brought before the RTC.

Answer 24

CHAPTER VI - ACTION FOR COMPENSATION

Question 25

The Fund shall be used to finance the following activities:
(a) Immediate containment, removal and clean-up operations of the PCG in all Oil pollution cases, whether covered by this Act or not; and
(b) Research, enforcement and monitoring activities of relevant agencies such as the PCG, MARINA and PPA, and other ports authority of the DOTC, Environmental Management Bureau of the DENR, and the DOE: Provided, That ninety percent (90%) of the Fund shall be maintained annually for the activities set forth under item (a) of this paragraph: Provided, further, That any amounts specifically appropriated for said Fund under the General Appropriations Act shall be used exclusively for the activities set forth under item (a) of this paragraph.

Answer 25

CHAPTER VII - PENALTY PROVISIONS CHAPTER VIII FINAL PROVISIONS

Question 26

To prevent, mitigate or eliminate the increased damages of marine resources as a result of pollution over all marine waters.

Answer 26

P.D.979- Marine Pollution Decree

Question 27

Except in cases of emergency imperilling life or property, or unavoidable accident, collision, or stranding or in any cases which constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure, or if damping appears to be the only way of averting the threat and if there is probability that the damage consequent upon such dumping will be less than would otherwise occur, and except as otherwise permitted by regulations prescribed by the National Pollution Control Commission or the Philippine Coast Guard, it shall be unlawful for any person

Answer 27

Section 4. Prohibited Acts

Question 28

which it supports are of vital importance to humanity, and all people have an interest in assuring that it is managed and protected, and its quality is not impaired

Answer 28

Marine environment and the living organisms

Question 29

to assimilate wastes and render them harmless, and its ability to regenerate nature resources is limited

Answer 29

Capacity of the Sea

Question 30

It originates from many sources that there is a need to control public and private activities that cause damage to the marine environment by using the best practicable means and by developing improved disposal processes to minimize harmful wastes

Answer 30

Marine Pollution

Question 31

There is an urgent need to prevent, mitigate or eliminate the increasing damages to marine resources as a result of _______.

Answer 31

Pollution

Question 32

It means all the benefits derived from forest land, including forest products, soil productivity, water, fisheries, wildlife, recreation, and aesthetic or other traditional values of forest land

Answer 32

Forest Resources

Question 33

In the Philippines, how many total of land mass that was identified as forestlands?

Answer 33

approximately 30 million ha, 15.8 million ha (52.7%)