Question & AnswerQ&A (BFAR ADMINISTRATIVE ORDER NO. 200, S. 2000)
Poaching means fishing or operating any fishing vessel in Philippine waters committed by any foreign person, corporation, or entity, excluding foreigners engaged in leisure or game fishing as defined by the Department.
Prima facie evidence means evidence that establishes a fact and is considered conclusive unless rebutted. Entry of a foreign fishing vessel into Philippine waters with fishing gear deployed, irregular navigation, or without proper clearance constitutes prima facie evidence of poaching.
Philippine territorial waters include all waters from the baselines to the outer limits described in the Treaty of Paris (1898) and related treaties, as amended by Republic Act No. 3046.
An EEZ is an area beyond and adjacent to the territorial sea extending up to 200 nautical miles from the baselines as defined under existing laws.
Authorized persons include law enforcement officers of BFAR, the Philippine Navy, Philippine Coast Guard, PNP Maritime Group, local government units enforcement officers, and duly deputized Fish Wardens.
The inspection involves establishing violation circumstances, approaching the vessel, signaling it to stop, identifying the inspecting officers, boarding and inspecting the vessel, reading rights to the arrested, confiscating documents and catch, and towing the vessel to the nearest port for further inspection and reporting.
Violators face prosecution with fines up to USD 100,000, confiscation of catch, fishing paraphernalia, and vessels; additionally, the Secretary of Agriculture may impose an administrative fine from USD 50,000 to 200,000 or equivalent in Philippine currency.
They should immediately report to authorized enforcement officers who will pursue and inspect the foreign fishing vessel to determine if it is engaged in poaching.
Fishing gear shall be impounded. Fish catch shall be confiscated, recorded, and donated to charitable and penal institutions subject to promissory notes if accused are acquitted. The vessel may be assessed and auctioned with proceeds submitted to the National Treasury.
This Order takes effect fifteen (15) days after its publication in the Official Gazette and/or in two newspapers of general circulation.