Question & AnswerQ&A (FISHERIES ADMINISTRATIVE ORDER NO. 254-1, S. 2018)
The Order regulates and implements guidelines on group handline fishing operations in the high seas of the Western and Central Pacific Fisheries Commission (WCPFC) Convention Area to ensure sustainability and compliance with conservation measures.
Republic Act 9379, otherwise known as the Handline Fishing Law of 2007, defines handline fishing and provides regulations to promote its competitiveness, sustainability, and social development.
It applies to Philippine-registered handline fishing boats issued with International Fishing Permits and Special Permits to operate in the high seas of the WCPFC Convention Area and registered in the WCPFC Records of Fishing Vessels.
The handline fishing boats must be Philippine-registered with valid licenses and permits, comply with Philippine Coast Guard and MARINA rules, comply with Catch Documentary Scheme, have no prior violations, be registered with WCPFC, be equipped with two-way VMS, commit to deploy no more than two FADs, and have the boat owner and top officers attend BFAR orientation.
The VMS tracks and monitors the position, movements, and activities of commercial fishing vessels in territorial waters, EEZ, and high seas for conservation and fisheries resource management and shares real-time information with adjacent coastal states.
Operators must notify BFAR at least 24 hours prior to entry and no more than six hours before exiting the fishing grounds, provide information on vessel movement and submit sightings of other fishing vessels to BFAR and WCPFC.
An administrative fine of five times the value of the catch or a minimum fine of ₱250,000 for small-scale, ₱500,000 for medium-scale, and ₱2,500,000 for large-scale commercial fishing applies.
Administrative fines range from ₱2 million to ₱45 million depending on the scale and size of the fishing vessel, plus imprisonment for six months and fines twice the administrative amount for officers upon court conviction, including confiscation of catch and gear.
An administrative fine of ₱50,000 per excess FAD plus confiscation of the excess devices.
Prior approval of the Bureau of Fisheries and Aquatic Resources (BFAR) is required, and the same conditions and criteria must be met, otherwise, the transfer is considered void.
All landings shall be made at authorized ports operated by the Philippine Fisheries Development Authority or other ports approved by BFAR.
The first offense incurs a fine of ₱100,000 and the second offense a fine of ₱200,000 with revocation of the Special Permit, except fishing in Philippine waters if authorized by BFAR.
The boat owner and the three highest ranking officers of the vessel must attend the BFAR-conducted orientation prior to operation.