Question & AnswerQ&A (FISHERIES ADMINISTRATIVE ORDER NO. 246-1, S. 2018)
It is an order amending FAO No. 246 which bans the operation of Danish Seine and Modified Danish Seine fishing methods in Philippine waters to protect marine habitats and resources.
Danish Seine is an active fishing gear consisting of a conical net with wings attached to ropes embedded with scare/herding devices, hauled mechanically or manually. Modified Danish Seine is a similar gear locally called holbot-holbot, palusot, zipper, among others, which uses ropes passing through a ring attached to a tom weight and is also hauled mechanically or manually.
It repealed Fisheries Administrative Order No. 222, Series of 2003.
Because the use of tom weights and heavily weighted scarelines in these gears contributes to the destruction of coral reefs, seagrass beds, and other marine fishery habitats, which violates Section 97 of Republic Act 8550, as amended.
A tom weight (linggote) is an operating component of Modified Danish Seines that helps the gear capture fish effectively but also causes habitat destruction.
It is unlawful for any person to operate municipal and commercial fishing boats using Danish Seine or Modified Danish Seine in catching fish in Philippine waters. Mere possession of these gears or their paraphernalia in a fishing ground or vessel is prima facie evidence of violation.
They shall suffer an administrative fine equivalent to five times the value of fish caught or Two million pesos (P2,000,000.00), whichever is higher, and confiscation of catch and gear. Additional penalties upon court conviction include imprisonment from two to ten years and a fine twice the administrative fine.
Fishworkers shall be penalized with a fine of Twenty Thousand Pesos (P20,000.00) or community service if unable to pay the fine.
The Danish Seine or Modified Danish Seine and any paraphernalia shall be immediately confiscated. The vessel/boat used shall be impounded and operators may be blacklisted from obtaining future fishery licenses or permits.
It took effect fifteen (15) days after its publication in the Official Gazette and/or in two newspapers of general circulation, and fifteen (15) days after its publication with the Office of National Administrative Register.