QuestionsQuestions (BFAR ADMINISTRATIVE ORDER NO. 198, S. 2000)
It is promulgated pursuant to Sections 3, 6, 18, 26, 27, 29, 30, 31, 32, 33, 38, 39, 65, and 86 of Republic Act No. 8550 (Philippine Fisheries Code of 1998) to set rules and regulations on commercial fishing in Philippine waters.
CFVGL refers to the Commercial Fishing Vessel and Gear License, i.e., the licensing framework covering both the vessel license and the gear license issued by BFAR.
No person may operate a commercial fishing vessel in Philippine waters without a BFAR license. Exceptions: (1) vessels engaged in scientific, research, or educational purposes within Philippine waters pursuant to an international agreement defining status/privileges/obligations; and (2) even for a vessel with a commercial vessel license, it may begin fishing only after its fishing gears are registered and the corresponding gear license is issued.
A person who is either (1) a Filipino citizen, or (2) a corporation/partnership/association/cooperative duly registered in the Philippines where at least 60% of the capital stock is owned by Filipino citizens.
The application must be filed with the Office of the Director, or the Fisheries Regional Office, or the Provincial Fishery Office that has jurisdiction over the vessel’s homeport.
BFAR application for fishing vessel license; 2 copies of vessel pictures (port/starboard/name); grid map of proposed fishing ground/s; authenticated photocopies of CVR, CO, and current CI; approved articles/by-laws (or business registration documents for single proprietorship/partnership); and fishing logbook for catcher vessel for registration and approval upon payment of registration fee.
Duly accomplished BFAR registration forms (2 copies); drawing of gear design/specifications showing mouth/body/bunt/bag; official receipts for CFVL fee and Fishing Gear Registration (FGR) fee.
Inspection is annual, and the request for inspection must be made three (3) days before the actual inspection.
Application for CFVL and registration of the fishing gear (RFG) are P400.00 and P200.00 respectively; payable to the Bureau; non-transferable and non-refundable.
It depends on vessel gross tonnage (GT) brackets, with a base amount plus a per-GT rate (or per fraction of GT). Separate amounts are stated for each GT range (e.g., 3.1–20 GT: P200 + P2/GT or fraction, etc.).
By scale: small-scale—P200/year; medium-scale—P400/year; large-scale—P600/year, based on the Order’s classification of commercial fishing (vessel GT and gear type).
Before a license is issued, the applicant must post a cash bond deposit to BFAR as guaranty of good faith and compliance. The amount depends on GT bracket and the deposit is non-transferable.
The Director may forfeit the cash bond deposit in favor of the government upon cancellation of the license for cause.
Refund may be requested by the licensee (or assignees/heirs/administrators) by submitting the original Official Receipt, or if lost, an affidavit explaining the loss, along with a letter citing the reason, to the Director.
CFVGL is valid for three (3) years from date of issuance unless suspended, revoked, terminated, or cancelled sooner for cause.
Renewal must be filed within 60 days before expiration and requires: (1) duly accomplished BFAR application forms; (2) original/authenticated copy of current/valid CI from MARINA/PCG; (3) fishing logbook report/catch effort report; (4) notarized certification/affidavit that vessel is not involved in any admin/judicial case; (5) annual inspection report; (6) official receipt of payment for CFVGL; and (7) affidavit stating compliance with Section 25 of RA 8550.
Violation of existing fishery laws/rules or license terms; non-compliance with terms and conditions; false or fraudulent statements in application; and when public interest so requires.
Upon conviction, they may be punished with a fine equivalent to the value of catch or P10,000.00 (whichever is higher) plus imprisonment of six (6) months, confiscation of catch and fishing gears, and automatic revocation of the CFVGL.