Question & AnswerQ&A (BFAR FISHERIES ADMINISTRATIVE ORDER NO. 206 s. 2001)
Section 88 of Republic Act No. 8550, also known as the Philippine Fisheries Code of 1998, authorizes the issuance of this administrative order.
The Director of Fisheries and Aquatic Resources, fish wardens deputized by the Department of Agriculture/Bureau of Fisheries and Aquatic Resources (BFAR), or BFAR Law Enforcement Officers may seize such fish without a warrant.
At least 100 grams should be taken as samples. This includes three to five big-sized fish or ten to twenty small fish or fingerlings, which must be frozen or kept in ice and submitted for examination.
The samples shall be preserved in a 10% formalin solution, properly labeled with scientific, English, and local names if applicable, and the captain or possessor must countersign the evidence or an affidavit shall be prepared in case of refusal.
At least 100 grams of fish samples along with a water sample from the scene should be collected and sent to the BFAR Laboratory or government crime/hospital laboratory for examination as soon as possible. Fish samples must be kept frozen, in a closed container with ice, or preserved in alcohol—not formalin at this stage.
Fish still alive should be returned to their habitat, while those in worse condition must be properly disposed of in the presence of a third-ranking BFAR official, DOJ or PNP representatives, and documented accordingly.
They may be distributed to charitable or penal institutions willing to accept them, provided they execute promissory notes agreeing to return the value of the fish if the accused is acquitted.
The officer shall seize, impound, and take possession of the vessel, tackle, appurtenances, explosives or noxious substances, and other tools, inventory these items, issue receipts, and keep them in safe custody before turning them over to the prosecuting authorities.
Yes, local governments may enact ordinances providing a different mode of disposition, provided they are within constitutional and legal bounds.
It took effect fifteen (15) days after its publication in the Official Gazette and/or two newspapers of general circulation and after registration with the Office of the National Administrative Register.