Question & AnswerQ&A (BFAR ADMINISTRATIVE ORDER NO. 202, S. 2000)
The purpose of BFAR Administrative Order No. 202, S. 2000 is to ban the exploitation and exportation of corals in the Philippines pursuant to Section 91 of R.A. 8550, the Philippine Fisheries Code of 1998.
Under this regulation, 'Person' includes both a natural person and a juridical person (i.e., corporations or legal entities).
The ban covers all kinds of corals categorized as precious coral (corals with a rigid axis of calcareous or horny spicules belonging to genus Corallium), semi-precious coral (thorny, horny axis corals such as Antipatharians or black corals), and ordinary corals (all other types not classified as precious or semi-precious).
The law prohibits any person or corporation from gathering, possessing, selling, or exporting ordinary, precious, and semi-precious corals, whether in raw or processed form.
Yes. The Secretary of Agriculture, through the Director of Fisheries and Aquatic Resources, may issue special permits to research institutions to gather limited quantities of corals for scientific or research purposes, except for species listed in the CITES Appendix.
Violators are subject to imprisonment for six months to two years and/or a fine ranging from two thousand pesos (P2,000) to twenty thousand pesos (P20,000). Additionally, the confiscated corals, vessel, and related properties shall be forfeited with proper disposition.
Exploitation refers to the actual extraction, gathering, and collection of corals in accordance with acceptable coral development and conservation practices.
Confiscated corals may be returned to the sea, donated to schools and museums for educational and scientific purposes, or otherwise disposed of by means most favorable to the government.
The Order took effect fifteen (15) days after its publication in the Official Gazette and/or in two newspapers of general circulation.
All existing administrative orders, rules, and regulations or parts thereof which are inconsistent with the provisions of this Order are repealed or modified accordingly.