Procedures for Handling Fish Seized in Blast Fishing Cases
- Seizure of fish suspected of being caught by explosives by authorized officers without warrant.
- Requirement to take adequate fish samples immediately for laboratory examination.
- Pending examination, fish cannot be unloaded or sold.
- Sample size: minimum 100 grams; ideal samples: 3-5 big fish or 10-20 small fish/fingerlings.
- Samples to be frozen or iced and submitted to trained Fish Examiners or appropriate laboratories.
Preservation and Labeling of Blast Fishing Evidence
- Positive samples preserved in 3-10% formalin solution.
- Proper labeling with scientific, English, and local names.
- Requirement for captains or fish possessors to countersign; refusal documented by affidavit.
Procedures for Handling Fish Caught by Noxious Substances
- Seizure of fish suspected of cyanide or poison use; outward signs not visible.
- Sample requirements similar to blast fishing but formalin not used immediately.
- Water samples collected and delivered to laboratory within four hours.
- Samples packed in polyethylene, frozen or iced or preserved with ethyl alcohol; internal organs must remain intact.
- Prompt submission to BFAR or government laboratories for examination.
Handling and Disposal of Cyanide-Positive Fish Samples
- If confirmed positive, samples preserved in formalin and labeled similarly to Section 1.
- Fish suspected or confirmed to contain cyanide not distributed to charitable or penal institutions due to safety concerns.
- Live fish returned to habitat; other fish disposed properly under supervision and documented disposal process.
Disposition of Illegally Caught Fish and Items Seized
- Blast fishing fish fit for consumption may be distributed to charitable or penal institutions with promissory notes for reimbursement if accused is acquitted.
- Fish not fit for consumption disposed of safely without environmental contamination.
- Immediate seizure and inventory of fishing vessels, tackle, explosives, noxious substances, tools, and proceeds by the apprehending officer.
- Documentation and safe custody of seized items until turned over to prosecuting authorities.
- Vessels temporarily held by PNP-Maritime Group during trial, pursuant to NALECC agreement.
Applicability of the Order
- Fish wardens and law enforcement officers may use the Order in absence of local ordinances.
- Local governments may enact alternative lawful ordinances on disposition.
Repeal of Inconsistent Orders
- Circular 130 and other conflicting rules or orders are repealed or modified accordingly.
Effectivity of the Order
- Effective 15 days after publication and registration with the National Administrative Register.