QuestionsQuestions (BFAR ADMINISTRATIVE ORDER NO. 201, S. 2000)
It was issued pursuant to Section 90 of Republic Act No. 8550 (Philippine Fisheries Code of 1998).
To prohibit fishing by means of active gear in municipal waters, bays, and fishery management areas for purposes of fisheries resource management and protection.
It covers both municipal fishing boats (3 gross tons or less) and commercial fishing boats (more than 3 gross tons).
It does not ban passive gear used by fishermen such as cast net, spear, crab/shrimp lift net, hook and line, pole and line, multiple handline, troll line, jig, man pushnet, cover pot, scoop net/seine, bottom and drift gillnet, drift filter net, kitang longline, and beach seine.
Active gear refers to devices characterized by gear movements and/or pursuit of the fish by towing, lifting and pushing, surrounding, covering, dredging, pumping, and scaring the fish to impoundments.
Examples include: trawl (all kinds), purse seine (pangulong), Danish seine (hulbot-hulbot/pahulbot-hulbot), ring net (kubkob/pangulong/kalansisi), drive-in net (pa-aling/kayakas), round haul seine (sapyaw/lawag), motorized push net (sudsod), and bagnet (basnig/saklit).
A bay, gulf, lake, or any other fishery area delineated for fishery resource management purposes.
It is unlawful to operate municipal and commercial fishing boats utilizing the active gears enumerated in Section 2 to catch fish in municipal waters, bays, and fishery management areas.
It applies in municipal waters, bays, and fishery management areas—i.e., specifically those areas covered by the order’s scope.
The boat captain and the master fisherman are subject to imprisonment for violations.
Boat captain and master fisherman: imprisonment of two (2) to six (6) years. Owner/operator: a fine of ₱2,000 to ₱20,000 at the court’s discretion, without prejudice to confiscation of catch.
The penalty shall be imposed on the corporation’s chief executive officer.
The penalty is imposed on the managing partner.
Confiscation of the catch is expressly provided for (“without prejudice to the confiscation of the catch”).
It takes effect fifteen (15) days after publication in the Official Gazette and/or in two (2) newspapers of general circulation.
It was adopted on 14 August 2000 and signed by Edgardo J. Angara (Secretary), with recommendations/signatures shown from BFAR leadership and the Undersecretary for Fisheries and Legislative Relations.