Question & AnswerQ&A (FISHERIES ADMINISTRATIVE ORDER NO. 259, S. 2018)
The main purpose is to regulate the importation of frozen fish and fishery/aquatic products for wet markets during closed and off-fishing seasons or during calamities to ensure food security while considering public welfare and safety.
'Closed Fishing Seasons' is the period declared by DA-BFAR during which the taking of specified fishery species by specified fishing gears is prohibited in designated areas in Philippine waters to conserve and rehabilitate fish stocks.
Qualified importers are members of organizations or associations from the commercial fishing sector or registered fisheries associations or cooperatives trading in fish, in existence at least three years prior to the Order's effectivity. Accredited importers for canning/processing or institutional buyers are excluded.
Documents include a letter of intent, certified true copies of valid registration certificates (DTI, SEC, CDA, or DOLE), valid mayor/business permit, BIR registration with TIN, cold storage facility details, and a valid Permit to Conduct Business (PCTB) issued by the PFDA.
The MIV is the monthly importable volume of fishery products allowed during closed or off-fishing seasons or calamities, determined by the DA Secretary upon BFAR Director's recommendation and in consultation with NFARMC and PFDA considering historical production, demand, and market prices.
Packaging must prevent contamination and use materials safe for fish products, with proper drainage for fresh fish. Labeling must include country of origin, fish species, fishing ground (FAO Zone), net weight, processor's name and address, and lot or batch codes, all with English translation.
Violators face administrative fines of five times the product value or P300,000 to P500,000, whichever is higher, forfeiture or destruction of products; upon conviction, imprisonment of eight years, double the administrative fine, forfeiture, and permanent ban from fishery-related companies.
Inspection includes verification of documentation such as International Health Certificate, laboratory results, sanitary clearance, airway bill, bill of lading, and invoices; physical checks for co-mingling, thawing, labeling violations, tampering, prohibited items, misdeclaration, and laboratory sensory and microbiological examinations.
It monitors importation, trading, and selling of imported fish to ensure compliance with laws; oversees handling from port to market for food safety; checks pricing against Suggested Retail Price; and monitors cold storages to prevent hoarding, chaired by the Secretary of Agriculture.