Law Summary
Continued Illegal Practices and Identification of Harmful Gear
- Modified Danish Seines continued using tom weights and heavily weighted scarelines despite restrictions.
- Tom weights are essential to the operation of these gears but cause significant damage to marine habitats and fisheries.
Legal Basis for Prohibition
- Section 92 of Republic Act 8550 prohibits fishing using gear or method that destroys coral reefs, seagrass beds, and other fishery marine habitats.
- This Administrative Order invokes Section 92 to ban Danish Seine and Modified Danish Seine operation altogether.
Definitions
- Danish Seine: Active fishing gear with a conical net and wings connected to ropes embedded with buri, plastic strips, sinkers, or similar materials serving as herding devices; hauled by mechanical winch or manually.
- Modified Danish Seine: Locally known by various names (holbotholbot, palusot, zipper, etc.); similar to Danish Seine but hauling ropes pass through rings attached to tom weights.
Prohibition and Transition Period
- Operation of Danish Seine and Modified Danish Seine by municipal and commercial fishing boats in Philippine waters is declared unlawful.
- Fishers using these gears are given a grace period of six (6) months to restructure or convert their fishing operations to other legal gear.
Penalties for Violation
- Imprisonment ranging from two (2) to ten (10) years.
- Fine ranging from P100,000 to P500,000.
- Both penalty and fine may be imposed at the court's discretion.
- Confiscation of boat and fishing gear involved in violation.
- Persons liable include operators, boat captains, master fishermen, and recruiters/organizers.
Repeal of Inconsistent Orders
- Repeals or modifies all previous orders or regulations inconsistent with the provisions of this Order.
Effectivity
- The Order takes effect fifteen (15) days after publication in the Official Gazette or two newspapers of general circulation.
- Also effective fifteen (15) days after registration with the Office of National Administrative Registrar.