Question & AnswerQ&A (BFAR ADMINISTRATIVE CIRCULAR NO. 247, S. 2013)
The legal basis is Section 9 of Republic Act 8550, also known as the Philippine Fisheries Code of 1998, which authorizes the Secretary of the Department of Agriculture to establish a closed season in municipal waters upon the concurrence of the concerned local government units.
Ludong is defined as a species of mullet known by its scientific names Cestraeus oxyrhynchus, Cestraeus goldie, and Cestraeus plicatilis.
The area covered includes the entire stretch of the Cagayan River in the provinces of Nueva Vizcaya, Isabela, Quirino, and Cagayan, including its tributaries, headwaters, and watersheds in the Cagayan Valley, as well as the Abra River and its tributaries traversing Ilocos Sur (Santa River) and the Cordillera Region.
The closed season is from October to November 15 of every year.
During the closed season, catching Ludong of any size or by any fishing gear or method, purchasing, selling or exposing for sale, transporting, exporting, or possessing Ludong, its by-products or derivatives are prohibited.
A special permit may be granted by the Secretary of Agriculture to qualified persons, associations, or corporations for scientific, educational, or propagation purposes only.
Violators are subject to imprisonment of six months and one day to six years and/or a fine of six thousand pesos (P6,000), forfeiture of catch and fishing paraphernalia, and cancellation of permits or licenses.
The penalty is imprisonment of six months and one day to eight years and/or a fine of eighty thousand pesos (P80,000), forfeiture of the catch and fishing equipment, and revocation of license or permit.
The penalty is imprisonment of eight years, confiscation of the exported Ludong or a fine equivalent to double the value of the said Ludong, and revocation of the fishing license and export permit.
Fisheries Administrative Order No. 31, series of 1952 is repealed and all other administrative orders or regulations inconsistent with the new circular are also repealed or modified accordingly.
The circular takes effect fifteen (15) days after publication in a newspaper of general circulation and upon registration with the National Administrative Register.
Spawning Ludong refers to sexually mature Ludong carrying ripe eggs and milt, migrating seaward for the purpose of breeding in saltwater.
The concurrence of the majority of the local legislative councils (of the 37 municipalities in Cagayan Valley, 4 municipalities in Ilocos Sur, and 16 municipalities in Abra) is required as a legal basis and support for the establishment of the closed season in their municipal waters.