Title
Ban on Danish Seine Fishing in PH Waters
Law
Fisheries Administrative Order No. 246-1, S. 2018
Decision Date
Jul 6, 2018
Emmanuel F. Piñol's Fisheries Administrative Order No. 246-1 bans the operation of Danish Seine and Modified Danish Seine in Philippine waters to protect marine habitats, imposing severe penalties for violations, including hefty fines and imprisonment.

Law Summary

Continuing Issues and Environmental Concerns

  • Despite previous regulations, modified Danish Seines continued to use tom weights and heavily weighted scarelines.
  • Tom weights are essential components for the gear's effectiveness but contribute to habitat destruction.
  • These components result in damage to coral reefs, seagrass beds, and fishery resources.

Legal Basis for Prohibition

  • Section 97 of Republic Act 8550, as amended by RA 10654, prohibits fishing methods that destroy coral reefs, seagrass beds, and other fishery habitats.
  • The Department has authority to determine destructive gear and methods.

Scope of the Order

  • This Order bans the operation of Danish Seine and Modified Danish Seine fishing gears within Philippine waters.
  • It repeals the earlier FAO 222, s. 2003.

Definitions (Section 1)

  • Danish Seine: Active fishing gear with a conical net and wings connected to ropes embedded with buri, plastic strips, sinkers or similar materials as scaring/herding devices; hauled mechanically or manually.
  • Modified Danish Seine: Locally known by various names (holbot-holbot, palusot, zipper, etc.), similar in structure to Danish Seine but includes ropes passing through a ring attached to a tom weight (linggote); also hauled mechanically or manually.

Prohibition (Section 2)

  • It is unlawful to operate municipal or commercial fishing boats using Danish Seine or Modified Danish Seine to catch fish.
  • Mere possession of these gears or paraphernalia on a fishing ground or boat creates prima facie evidence of violation.

Penalties (Section 3)

  • Owner, operator, boat captain, master fisher, recruiter/organizer: Administrative fine of five times the value of fish caught or PHP 2,000,000 (whichever is higher), plus confiscation of catch and fishing gear.
  • Fishworkers who participate: Fine of PHP 20,000 or community service if unable to pay.
  • Upon court conviction: Imprisonment from 2 to 10 years plus a fine double the administrative penalty.
  • Immediate confiscation of the gear and impoundment of vessels used.
  • Blacklisting for violators engaged in licensed fishery activities.

Repeal Clause (Section 4)

  • All inconsistent orders, rules, or regulations are repealed or modified to conform with this Order.

Effectivity (Section 5)

  • The Order takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation, and 15 days after filing with the Office of the National Administrative Register.

Issuance and Approval

  • Issued on July 5, 2018, by the Secretary of the Department of Agriculture.
  • Recommended by the OIC Undersecretary for Fisheries and BFAR Director.

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