Ban on Active Gear Fishing in Municipal Waters

Section 90 of Republic Act No. 8550 authorizes the issuance of this ban on fishing by means of active gear in municipal waters, bays, and fishery management areas.
The operative rule of the order is that using active gear for fishing is unlawful within the covered waters and areas.

The order establishes a regulatory ban designed to prevent fishing methods that are destructive to fisheries and aquatic resources, by restricting the use of active fishing gear in covered municipal waters and fishery areas.

“Active fishing gear” refers to fishing devices characterized by gear movements and/or pursuit of the fish by towing, lifting and pushing the gear, surrounding, covering, dredging, pumping, and scaring the fish to impoundments.
“Fishery management area” means a bay, gulf, lake, or any other fishery area delineated for fishery resource management purposes.
The order enumerates active fishing gears and expressly treats each listed device as active gear, including:
- Trawl (all kinds), including Galagad and Norway.
- Purse seine including Pangulong.
- Danish seine including Hulbot-hulbot, pahulbot-hulbot, likisan, Liba-liba, palisot, patangko, bira-bira, Buli-buli, hulahoop, zipper, lampornas, etc.
- Ring net including Kubkob, pangulong, kalansisi.
- Drive-in net including Pa-aling/kayakas.
- Round haul seine including Sapyaw/lawag.
- Motorized push net including Sudsod.
- Bagnet including Basnig, saklit.
The list of active gear can be expanded: other active gear that may be found to be destructive to fisheries and aquatic resources may be added in subsequent Administrative Orders.

The order covers the use of active gear of fishing boats.
The coverage applies to municipal fishing boats that are (3 gross tons or less) and commercial fishing boats that are (more than 3 gross tons).
The coverage applies specifically to fishing in municipal waters, bays, and fishery management areas.
The order excludes from its prohibition certain fishing methods and devices used by the fisherman, including:
- Cast net
- Spear
- Crab/shrimp lift net
- Hook and line
- Pole and line
- Multiple handline
- Troll line
- Jig
- Man pushnet
- Cover pot
- Scoop net/seine
- Bottom and drift gillnet
- Drift filter net
- Kitang longline
- Beach seine

It is unlawful to operate municipal and commercial fishing boats utilizing active gear as enumerated in Section 2 in catching fish in municipal waters, bays, and fishery management areas.

Violation of the prohibition subjects the boat captain and master fisherman to two (2) to six (6) years imprisonment.
The owner/operator is liable to a fine of two thousand (P2,000.00) pesos to twenty thousand (P20,000.00) pesos, in the discretion of the court.
If the owner/operator is a corporation, the penalty is imposed on the chief executive officer.
If the owner/operator is a partnership, the penalty is imposed on the managing partner.
The imposition of the penalty is without prejudice to the confiscation of the catch.

All orders, rules, and regulations or parts thereof that are inconsistent with BFAR Administrative Order No. 201, s. 2000 are deemed repealed or modified accordingly.