QuestionsQuestions (FISHERIES ADMINISTRATIVE ORDER NO. 246-1, S. 2018)
FAO No. 246-1, s. 2018 is issued pursuant to Section 97 of Republic Act (RA) No. 8550, as amended by RA 10654, which makes it unlawful to fish using gear or methods that destroy coral reefs, seagrass beds, and other fishery marine-life habitats as may be determined by the Department.
“Danish Seine” is an active fishing gear consisting of a conical net with a pair of wings, whose ends are connected to a rope embedded with buri, plastic strips, sinkers, or similar materials serving as a scaring/herding device, and hauled through a mechanical winch or by manpower.
“Modified Danish Seine” (locally termed “holbot-holbot,” “palusot,” “zipper,” “bira-bira,” “hulahoop,” “liba-liba,” “buli-buli,” and other names) is an active fishing gear with a conical net and pair of wings, connected to a rope embedded with buri/plastic strips/sinkers as a scaring/herding device; it is hauled through a ring permanently attached to a tom weight (linggote) and hauled through a mechanical winch or by manpower.
The Order states that tom weights and heavily weighted scarelines contribute to the destruction of marine habitats and fishery resources.
FAO No. 222, series of 2003 is referenced as having allowed modified Danish seines beyond fifteen (15) kilometers from the shoreline subject to conditions; it is expressly repealed by FAO No. 246-1, s. 2018.
It is unlawful for any person to operate municipal and commercial fishing boats using Danish Seine or Modified Danish Seine to catch fish in Philippine waters.
Mere possession of Danish Seine or Modified Danish Seine and/or its paraphernalia by a fisherfolk or any person in a fishing ground or inside a fishing vessel constitutes prima facie evidence that the person has committed the violation.
The owner, operator, boat captain, masterfisher, and recruiter/organizer violating the Order are liable to suffer the administrative penalty upon summary finding of administrative liability.
The administrative fine is either five (5) times the value of the fish caught or Two Million Pesos (P2,000,000.00)—whichever is higher.
Confiscation of catch and gear, and immediate confiscation of Danish Seine/Modified Danish Seine and/or paraphernalia, plus impounding of the vessel/boat used for the operation.
They are penalized by a fine of Twenty Thousand Pesos (P20,000.00) or community service if they fail to pay the fine.
Upon conviction, the boat captain, fisherfolk, and recruiter or organizer of fishworkers shall be punished with imprisonment of two (2) years to ten (10) years and a fine equivalent to twice the amount of the administrative fine.
If the boat captain, fisherfolk, and recruiter or organizer is engaged in other fishery activities requiring a license or permit from DA-BFAR, they shall be blacklisted.
Section 4 provides that all orders, rules and regulations, or parts thereof inconsistent with the Order are repealed or modified accordingly (including the earlier FAO 222, s. 2003).
It takes effect fifteen (15) days after its publication in the Official Gazette and/or in two (2) newspapers of general circulation, and fifteen (15) days after its publication with the Office of the National Administrative Register.
Section 2 focuses on unlawful operation; however, it also provides that mere possession of the gear/paraphernalia in a fishing ground or inside a fishing vessel constitutes prima facie evidence of violation.
It imposes administrative penalties upon summary finding of administrative liability under Section 3, and provides separate heavier criminal penalties only upon conviction by a court of law.