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Rules of Procedure for the Adjudication of Fisheries Law Cases.

Country/Territory
Philippines
Document type
Regulation
Date
2017
Source
FAO, FAOLEX
Subject
Fisheries
Keyword
Institution Marine fisheries Procedural matters Legal proceedings/administrative proceedings Fish products Fishery management and conservation Fishing authorization Fishing gear/fishing method Fishing vessel Harbour Foreign fishing Inspection Landing Authorization/permit
Geographical area
Asia, Asia and the Pacific, East Asian Seas, North Pacific, South-Eastern Asia
Entry into force notes
These Rules shall take effect 15 days after its publication once in a newspaper of general circulation and its filing with the Office of the National Administrative Register.
Abstract

These Rules, consisting of 103 sections divided into six Parts and 28 Rules, shall govern the pleadings, practices and procedures before the Adjudication Committee in all matters of hearing, investigation and proceedings within its jurisdiction. These Rules shall be liberally interpreted and observed to promote a just, prompt, and inexpensive determination of every matter and proceeding before the Committee taking into consideration the state policies on fisheries. To prevent an injustice, the Committee, in exceptional cases of force majeure, may suspend the application of these rules. The Committee shall issue a resolution citing the basis of the suspension and its duration. The provisions of the Revised Rules of Court and the Rules of Procedure for Environmental Cases shall be applied by analogy or in a suppletory character and effect. The Committee shall have jurisdiction to hear and decide administrative and adjudicative actions as defined in these Rules, citizen’s suit and Strategic Lawsuit Against Public Participation (SLAPP). In the exercise of its jurisdiction, the Committee has the power to determine and impose appropriate penalties and administrative sanctions in case of serious violations as defined in the Fisheries Code. In addition, the Committee approves settlement offers and dispose confiscated catch, gears, equipment, etc. It may perform such other powers and functions inherent to or necessary in the exercise of its jurisdiction.

Full text
English
Website
www.bfar.da.gov.ph

References - Legislation

Implements

Republic Act No. 10654 amending Philippine Fisheries Code of 1998.

Legislation | Philippines | 2014

Keyword: Institution, Fishery management and conservation, Marine fisheries, Inland fisheries, Fishing area, Transshipment, Inspection, Special fund, Landing, Enforcement/compliance, Offences/penalties, Fishing authorization, Foreign fishing, Cartilaginous fishes, Trade in species, Authorization/permit, Endangered species, Bycatch, Protection of species

Source: FAO, FAOLEX