Amendment of Closed Season for Ludong Conservation

Section 1 sets the legal basis for a closed season designed to protect and conserve ludong.
The circular is issued to update Fisheries Administrative Order No. 31, series of 1952, to maintain the deterrent effect of penalties and to ensure conservation and protection of the species.

“Closed Season” means the period during which the taking of specified fishery species is prohibited in a specified area in Philippine waters (Section 1[a]).
“Ludong” means a species of mullet known by its scientific names: Cestraeusoxyrhynchus, Cestraeusgoldie and Cestraeusplicatilis (Section 1[b]).
“Spawning Ludong” means sexually mature ludong carrying ripe eggs and milt, and migrating seaward for the purpose of breeding in salt water (Section 1[c]).

The closed season area covers the entire stretch of the Cagayan River in Nueva Vizcaya, Isabela, Quirino, and Cagayan, including its tributaries, headwaters and watersheds in the Cagayan Valley (Section 2).
The covered area includes the Abra River and its tributaries traversing Ilocos Sur (Santa River) and the Cordillera Region (Section 2).
The circular’s coverage is tied to municipal waters under the jurisdiction of thirty-seven (37) municipalities in Cagayan Valley, four (4) municipalities in Ilocos Sur and sixteen (16) municipalities in Abra (Section 9).

A closed season is established beginning October to November 15 of every year (Section 3).
During this period, the taking of ludong of any size is prohibited (Section 3).
During this period, taking by any fishing gear or method is prohibited (Section 3).
The prohibition applies in Cagayan River, its tributaries, headwaters and watersheds in the Cagayan Valley, and the Abra River System of Ilocos Sur and Abra (Section 3).

Section 4 makes it unlawful for any person, association, or corporation to catch or cause to be caught ludong using any type of gear or fishing method during the closed season.
Section 4 also makes it unlawful to purchase, sell or expose for sale, transport, export, or have in possession ludong, its by-products or derivatives, during the closed season.
A special permit to catch ludong of any size may be granted by the Secretary of Agriculture for scientific, educational, or propagation purposes (Section 4).
Use of ludong taken under the special permit for any purpose other than that specified in the permit is sufficient ground for cancellation of the permit and for the filing of charges for violation of the circular (Section 4).

A person who violates any provisions of the circular is subject to prosecution and, upon conviction, faces imprisonment of six (6) months and one (1) day to six (6) years and/or a fine of six thousand pesos (P6,000), plus forfeiture of the catch and fishing paraphernalia used and cancellation of permit or license (Section 5).
For the offense of catching spawning ludong during closed season, the penalty is imprisonment of six (6) months and one (1) day to eight (8) years and/or fine of eighty thousand pesos (P80,000), plus forfeiture of the catch and fishing equipment used and revocation of license or permit (Section 5).
For export of spawning ludong, the penalty is imprisonment of eight (8) years, plus confiscation of the same or a fine equivalent to double the value of the same, and revocation of the fishing license and export permit (Section 5).

Fisheries Administrative Order No. 31, series of 1952 is repealed (Section 6).
All other administrative orders, regulations, or parts thereof inconsistent with the circular are repealed or modified accordingly (Section 6).
If any section or provision (or part) is declared unconstitutional or invalid, the other unaffected sections remain in full force and effect (Section 7).
The circular takes effect fifteen (15) days after publication in a newspaper of general circulation and upon registration with the National Administrative Register (Section 8).