Title
Regulation of Live Fish and Aquatic Imports
Law
Bfar Administrative Order No. 221
Decision Date
Mar 6, 2003
BFAR Administrative Order No. 221, issued on March 6, 2003, regulates the importation of live fish, fishery products, aquatic microorganisms, and biomolecules, categorizing them by risk levels and requiring permits to ensure compliance with environmental protection standards.
A

Scope of Coverage

  • Covers importation of live fish, fishery aquatic products, aquatic microorganisms, biomolecules including GMOs, and endangered species.
  • Includes coordination with other regulatory agencies like the Bureau of Plant Industry, Bureau of Animal Industry, and others.

Importation Risk Categories

  • Low-Risk Species: Aquarium fish posing no ecological, genetic, or disease threat.
  • Medium-Risk Species: Aquaculture or ornamental species with potential environmental impact.
  • High-Risk Species: Exotic species not yet introduced or with restricted distribution; includes GMOs.
  • Prohibited/Banned Species: Species barred from import due to adverse effects.

Prohibition on Unauthorized Importation

  • Importing live fish, fishery products, microorganisms, and biomolecules without a valid BFAR permit is illegal.

Application for Import Permit

  • Low-risk species: Apply at least 5 working days prior; 150 pesos application fee; requires pro-forma invoice and business permits.
  • Medium-risk species: Apply 10-15 days prior with similar requirements.
  • High-risk species: Decision given within 30 days after detailed evaluation.
  • Prohibited species import requests are rejected.

Import Risk Analysis (IRA) Review Panel

  • Composed of experts including a fish health officer, lawyer, quarantine officer, fisheries biologist, and NFARMC member.
  • Classifies species and serves as secretariat for import risk cases.

Importation Requirements by Category

  • Low-Risk: Simplified application; risk analysis only if disease outbreak reported.
  • Medium-Risk: Detailed proposal, IRA review, health certificate required, quarantine period as decided.
  • High-Risk: Comprehensive evaluation including health certificate and quarantine until first generation offspring.
  • Prohibited species: No import permits issued.

Import Permit Issuance and Duration

  • BFAR Director issues permits post-fulfillment of requirements.
  • Permits expire 30 days after issuance.

Inspection Upon Arrival

  • Submission of import permit, invoice, airway bill, and health certificate.
  • Examination by Fisheries Quarantine Officer and potential laboratory tests.
  • Unhealthy shipments may be treated under supervision or destroyed if high risk.

Transitory Provisions

  • Previously imported high risk and prohibited species without permits shall be monitored and may be destroyed if causing adverse effects.

Penalties for Violation

  • Imprisonment up to 8 years, fine of P80,000.
  • Destruction or forfeiture of imported species.
  • Ban on being member or stockholder in fisheries companies.

Repeal Clause

  • Repeals FAO No. 135, s. 1981, and any conflicting orders or rules.

Effectivity

  • Effective 15 days after publication and registration with the National Administrative Register.

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