QuestionsQuestions (BFAR JOINT DA-DILG ADMINISTRATIVE ORDER NO. 01, S. 2014)
The Order is issued pursuant to the Philippine Fisheries Code of 1998 (RA 8550), Wildlife Resources Conservation and Protection Act (RA 9147), the Local Government Code (RA 7160), the Blue Swimming Crab Management Plan, and the pertinent provisions of FAO 233 (Series of 2010) adopted for implementation under RA 9147.
“Closed Season” is the period during which taking specified fishery species by specified fishing gear is prohibited in specified areas in Philippine waters. It is imposed by LGUs in consultation with the FARMC based on scientific data.
The minimum carapace width is 10.2 cm for catching, collecting, and trading. Coastal municipalities may adopt a higher minimum size limit.
Crab entangling nets (single layer only) must have a minimum mesh size of 11 cm, while crab liftnets must have a minimum stretch mesh of 3 cm.
Crab pots/traps (panggal/timing/bubo pangasag) must have a 5 cm minimum hole diameter.
It requires LGUs to maintain and regularly update a separate list of municipal crab fishers (assisted by BFAR) to facilitate monitoring, management, and conservation of blue swimming crab resources.
It must include: (1) number of units per gear and description of gears; and (2) length and mesh size(s) of nets.
It is unlawful to possess or trade juvenile BSC less than the prescribed minimum size (10.2 cm carapace width), subject to possible increases in minimum size by the DA Secretary upon recommendation and consultation.
It is unlawful for any person to possess or trade berried blue swimming crabs.
It remains in force for one (1) year from issuance and may be renewed depending on the study/purpose. It is not transferable and holders must carry the permit and present it upon demand by fishery/aquatic wildlife law enforcement officers.
They must secure an Auxiliary Invoice and a Local Transport Permit (LTP) before shipping/transporting from buying stations and meat picking plants to processing plants.
An Auxiliary Invoice is issued by LGUs or authorized representatives prior to transport in the Philippines and/or export purposes upon payment of a fee to defray administrative costs. An LTP is a permit for domestic movement authorizing a person to bring/carry/ship aquatic wildlife and by-products/derivatives acquired from legal sources from origin to destination, distinct from auxiliary invoices.
Processors (including persons/associations/corporations engaged in buying, selling, and processing BSC) must keep a Log Sheet showing daily transactions, including fisher/buyer info, date of purchase, size, quantity, fishing gear used, and place of origin and market destination.
It is unlawful to transport BSC without a valid auxiliary invoice and LTP. Violations under Section 7 are punished by imprisonment of five (5) days to ten (10) days and a fine of P200 to P1,000 (with additional provisions on inflationary increase, alien deportation, and administrative penalties like forfeiture, suspension, cancellation, and permanent disqualification).
Offenders face a fine of P2,000 to P20,000 or imprisonment of six (6) months to two (2) years, or both, at the court’s discretion. If committed by a commercial fishing vessel, the boat captain and master fisherman are also liable, and the owner/operator is subject to the same penalties.
Imprisonment of six (6) months and one (1) day to six (6) years and/or fine of P6,000, plus forfeiture of the catch and cancellation of fishing permit or license.
The Director may impose forfeiture ipso facto without a court order, automatic suspension of permits pending trial, cancellation upon conviction, and permanent disqualification from engaging in any activity involving wildlife for commercial, research, or other purposes. However, conveyances belonging to third persons without participation or knowledge of illegal acts may not be forfeited and are released only upon court order.