QuestionsQuestions (BFAR FISHERIES ADMINISTRATIVE ORDER NO. 226)
The Order was issued pursuant to Section 2 paragraph (c), Section 65 paragraph (n), and Section 89 of Republic Act No. 8550 (Philippine Fisheries Code of 1998).
“Small tuna” are tuna fish less than 500 grams, including yellowfin tuna, bigeye tuna, and skipjack tuna.
It refers to the minimum mesh size not less than 3.5 inches (8.89 cm) at the bunt or bag portion for catching tuna.
It is unlawful to operate tuna purse seine nets with mesh size smaller than 3.5 inches (8.89 cm) at the bag or bunt portion in catching tuna.
It is also unlawful to trade small tuna caught beyond the bycatch ceiling.
It is the ceiling often percent (10%) of small tunas caught during fishing operation.
Trading is the selling and buying of small tuna in landing/market places such as fish ports with estimated volume of more than 10% of the bycatch ceiling.
Violation subjects the offender to a fine of P2,000.00 to P20,000.00 and/or imprisonment of six (6) months to two (2) years, at the discretion of the court.
The boat captain and the masterfisherman are also subject to the same penalties. The owner/operator of the vessel who violates the provision is likewise subjected to the same penalties.
Yes. The Department is empowered to impose an administrative fine and/or cancel the offender’s permit or license or both.
Operators already engaged in tuna fishing using purse seine nets with mesh size less than 3.5 inches (8.89 cm) are granted a grace period of three (3) years from effectivity of the Order to change/replace nets to comply.
In the 1st year, 10% of the total number of purse seine catchers should be phased out; in the 2nd year, 20%; and in the 3rd year, 70%. After the grace period, all nets must have been changed to the legal 3.5-inch mesh size.
No registration of tuna purse seine catchers for new entrants will be made without complying with the Order’s Fisheries Administrative Order mesh size requirements.
It takes effect fifteen (15) days after its publication in the Official Gazette and/or in two (2) newspapers of general circulation.
Fisheries Administrative Order Nos. 155 and 155-1 are modified insofar as commercial fishing boats using tuna purse seine nets are concerned; Fisheries Administrative Order No. 188, series of 1993 is repealed.
The Order states that purse seine nets catch significant numbers of small tunas, which affects recruitment because tuna are caught before reaching maturity; therefore, mesh regulation (and limits on trading beyond bycatch ceiling) is intended to reduce harvesting of juveniles to aid conservation of tuna stocks.