Dear PAO,
I was about to embark on my first solo fishing expedition when I was stopped by local authorities. They cited a violation of fishing regulations, specifically regarding the size of my net mesh. Despite not having launched my boat, my net was confiscated, and I received a formal warning. I had mistakenly believed that the only prohibited fishing methods were those involving explosives, poisons and electricity. What was their basis for prohibiting the use of my net?
Gian
Dear Gian
The use of this type of net is prohibited by Republic Act (RA) 10654. This legislation amended RA 8550, otherwise known as The Philippine Fisheries Code of 1998, which was created, among other things, to prevent, deter and eliminate illegal, unreported and unregulated fishing.
Under Section 93 of RA 10654, [i]t shall be unlawful to engage in fishing using nets with mesh smaller than that which may be determined by the Department: Provided, That the prohibition on the use of fine mesh net shall not apply to the gathering of fry, glass eels, elvers, tabios and alamang, and other species that by their nature are small but already mature, as identified in the implementing rules and regulations by the Department.
A fine mesh net, as defined in Section 4 of RA 8550, is one with a mesh size of less than 3 centimeters measured between two opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency.
One, however, does not need to be caught using such kind of fishing net in order to be penalized because [the mere] discovery of a fine mesh net in a fishing vessel shall constitute a prima facie presumption that the person or fishing vessel is engaged in fishing with the use of fine mesh net.
Under the third paragraph of Section 93 of RA 10654, [u]pon a summary finding of administrative liability, the Department of Agriculture shall penalize the owner, operator, captain or master fisherman in case of commercial fishing vessel, or the municipal fisherfolk, with confiscation of the catch and fishing gear, and an administrative fine equivalent to three times the value of the catch or the value indicated below, whichever is higher: (1) P20,000 for municipal fishing: Provided, That if the municipal fisherfolk fails to pay the fine, he shall render community service; (2) P50,000 for small-scale commercial fishing; (3) P100,000 for medium-scale commercial fishing; (4) P200,000 for large-scale commercial fishing.
Upon conviction by a court of law, the captain or master fisherman in case of commercial fishing vessel, or the municipal fisherfolk, shall be punished by imprisonment of six months to two years and a fine equivalent to twice the administrative fine, and confiscation of catch and gear.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
