Question & AnswerQ&A (BFAR FISHERIES ADMINISTRATIVE ORDER NO. 246, S. 2013)
The main subject of BFAR FAO No. 246, Series of 2013, is the banning of the operation of Danish Seine and Modified Danish Seine fishing gear in Philippine waters.
Danish Seine is defined as an active fishing gear consisting of a conical net with a pair of wings, the ends connected to a rope embedded with buri, plastic strips, sinkers, or similar materials serving as scaring/herding devices, hauled by mechanical winch or manpower.
Modified Danish Seine is an active fishing gear locally called holbotholbot, palusot, zipper, bira-bira, hulahoop, liba-liba, buli-buli and others, consisting of a conical net with wings connected to ropes embedded with scaring materials, passing through a ring permanently attached to a tom weight, hauled by winch or manpower.
They were banned because the use of tom weights and heavily weighted scarelines associated with these gears destroy marine habitats such as coral reefs, seagrass beds, and other fishery resources, which is unlawful under Section 92 of Republic Act 8550.
A tom weight is a required operating component attached permanently to the hauling ropes; it is significant because without it, the Modified Danish Seine cannot effectively capture fish. However, it contributes to destruction of marine habitats.
Under Section 92 of Republic Act No. 8550, it is unlawful to use fishing gear or methods that destroy coral reefs, seagrass beds, and other fishery marine life habitats.
It is unlawful for any person to operate municipal and commercial fishing boats using Danish Seine and Modified Danish Seine to catch fish in Philippine waters.
Yes, a six (6) month period from the effectivity of the Order is given to persons or entities to restructure and/or convert their fishing gear to other legitimate fishing methods.
Violators such as operators, captains, master fishermen, and recruiters/organizers shall face imprisonment of two (2) to ten (10) years, fines ranging from 100,000 to 500,000 pesos, or both, along with confiscation of the boat and gear.
It took effect fifteen (15) days after its publication in the Official Gazette and/or two newspapers of general circulation, and fifteen (15) days after registration with the Office of National Administrative Registrar.
It repealed Fisheries Administrative Order No. 222, Series of 2003, which had allowed operation of modified Danish Seines with certain conditions.
The Order was recommended by Atty. Asis G. Perez, Director of BFAR, and approved/signed by Proceso J. Alcala, Secretary of the Department of Agriculture, with Salvador S. Salacup as NFARMC Chairman and Assistant Secretary for Fisheries Agribusiness.