Ban on Danish Seine Fishing in PH Waters

The Order is promulgated pursuant to Section 97 of Republic Act No. 8550, as amended by Republic Act No. 10654.
Section 97 of Republic Act No. 8550, as amended, makes it unlawful for any person to fish with gear methods that destroy coral reefs, seagrass beds, and other fishery marine life habitat as may be determined by the Department.
The Order implements the statutory ban by targeting the operation of Danish Seine and Modified Danish Seine in Philippine waters.
FAO No. 222, s. 2003 is expressly repealed by this Order.

“Danish Seine” is an active fishing gear that consists of a conical net with a pair of wings, whose ends are connected to a rope embedded with buri, plastic strips, sinkers, or similar materials to serve as a scaring/herding device, and is hauled through a mechanical winch or by manpower.
“Modified Danish Seine” is an active fishing gear locally termed holbot-holbot, palusot, zipper, bira-bira, hulahoop, liba-liba, buli-buli and other coined names, consisting of a conical net with a pair of wings connected to a rope embedded with buri, plastic strips, sinkers or similar materials to serve as a scaring/herding device, with hauling ropes passing through a ring permanently attached to a tom weight (linggote) and its variations, and hauled through a mechanical winch or by manpower.

It is unlawful for any person to operate municipal and commercial fishing boats using Danish Seine or Modified Danish Seine in catching fish in Philippine waters.
Mere possession of Danish Seine or Modified Danish Seine and/or their paraphernalia by a fisherfolk or by any person in a fishing ground or inside a fishing vessel constitutes prima facie evidence that the fisherfolk or the person committed the violation.

The owner, operator, boat captain, masterfisher, and recruiter/organizer who violate the Order are penalized upon summary finding of administrative liability.
The administrative fine is five (5) times the value of fish caught or Two million pesos (P2,000,000.00), whichever is higher.
Administrative liability includes confiscation of catch and gear.
The fishworkers who participated in the operation are penalized by a fine of twenty Thousand Pesos (P20,000.00) or community service in case of failure to pay the fine.
In addition to the above penalties, the Danish Seine or Modified Danish Seine and/or any paraphernalia are immediately confiscated, and the vessel/boat used for the operation is impounded.
If the boat captain, fisherfolk, and recruiter or organizer of fishworkers engages in other fishery activities requiring a license or permit from DA-BFAR, they are subject to blacklisting.

Upon conviction by a court of law, the boat captain, fisherfolk, and recruiter or organizer of fishworkers are punished with imprisonment of two (2) years to ten (10) years.
Upon conviction, they are also punished with a fine equivalent to twice the amount of the administrative fine.

All orders, rules and regulations, or parts thereof that are inconsistent with FAO No. 246-1, s. 2018 are repealed or modified accordingly.
FAO No. 222, s. 2003 is expressly repealed.