Title
Rules on Commercial Fishing Licensing
Law
Bfar Administrative Order No. 198, S. 2000
Decision Date
Feb 23, 2000
BFAR Administrative Order No. 198 establishes comprehensive rules and regulations for commercial fishing operations in Philippine waters, including licensing requirements for fishing vessels and gear, classification of commercial fishing scales, and stipulations for fishing in international waters.
A

Licensing Requirements for Commercial Fishing Vessels and Gear

  • Operation of commercial fishing vessels in Philippine waters requires licenses issued by BFAR.
  • Scientific, research, or educational vessels exempted under international agreements.
  • Gears used by licensed vessels must also be registered and licensed.

Eligibility Criteria for Applicants

  • Applicants must be Filipino citizens or Filipino-owned corporations, partnerships, cooperatives with at least 60% Filipino capital stock.

Application Procedures

  • Applications submitted to BFAR Director's Office or regional/provincial fisheries offices.
  • Includes required documents: vessel pictures, certificates (registry, ownership, inspection), articles of incorporation or business registration.
  • Fishing logbook registration mandatory with appropriate fee payment.

Gear Licensing Requirements

  • Application forms, gear design and technical specifications, and payment receipts for licenses and registration fees required.

Vessel and Gear Inspection

  • Annual inspection mandatory; must be requested 3 days in advance.

Fees and Bonds

  • Application and registration fees fixed (e.g., P400 for vessel license, P200 for gear registration).
  • Annual license fees scale with vessel gross tons and fishing scale.
  • Cash bond deposits required as good faith guarantees, amount based on vessel size.
  • Bonds forfeitable upon license cancellation; refundable upon request with proper documentation.

License Validity, Renewal, and Display

  • Licenses valid for 3 years unless revoked or cancelled.
  • Renewal requires submission of specified documents including Certificate of Inspection, logbook reports, certifications, and payment receipts.
  • CFVGL must be displayed conspicuously aboard vessels.

Transfer of Ownership and Restrictions

  • Owners/operators must notify BFAR within 10 days of vessel/gear ownership transfer.
  • Transfer, lease, or assignment of licensed gear/vessel interest prohibited if involved in judicial or administrative cases.

Fishing in International Waters

  • Filipino licensed vessels may fish internationally upon securing permits and clearances.
  • Compliance with Maritime Industry Authority standards required.
  • Catchs landed in Philippine ports considered Philippine catch for tax exemption.
  • International permits valid for three years.

Importation and Construction of Fishing Vessels

  • Bureau approval/clearance required prior to import or new vessel construction.

Record-Keeping and Inspection

  • Owners or persons in charge must maintain detailed catch records on board for five years.
  • Record books must be registered with BFAR, consecutively paged, and presented for inspection.
  • Records to be updated within 24 hours post-catch and presented upon law enforcement demand.

Operational Restrictions and Enforcement

  • Commercial fishing prohibited in reserved or restricted areas.
  • BFAR officers authorized to board fishing vessels for inspection; obstruction punishable.
  • Fish sampling for enforcement purposes permitted with proper receipts issued.

Certificate of Clearance for Departure

  • Fishing vessels must secure a Certificate of Clearance before leaving homeport.
  • Clearance issued upon vessel inspection, valid for one month, with associated fees.

Fishworker Identification

  • Fishworker ID cards issued free by Regional Directors upon submission of specific documents.

Grounds for License Cancellation

  • Violation of fishery laws or license conditions, fraudulent application, or public interest.

Penalties

  • Violations by vessel officers subject to fines up to the value of catch or P10,000, imprisonment of six months, confiscation of catch and gear, and automatic license revocation.

Repeal and Effectivity

  • Prior conflicting orders repealed.
  • Order effective 15 days post-publication in the Official Gazette and newspapers.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.