Prohibition of Foreign Fishing
- It is unlawful for any foreign person, corporation, or entity to fish or operate any fishing vessel in Philippine waters without proper authorization.
Prima Facie Evidence of Poaching
- The following circumstances establish prima facie evidence of poaching by FFVs:
- Entry with fishing gear deployed or not stowed.
- Irregular navigation routes.
- Entry without prior notice, clearance, or permission.
- Navigation not qualifying as innocent passage or outside traditional routes/fishing grounds.
- Navigation without flying national flag.
- Lying-to or anchoring without valid reasons except force majeure, distress, or assistance.
- Anchoring near or within fishing grounds or protected areas.
- Presence of freshly caught fish, corals, or mollusks upon inspection.
Reporting and Inspection of Suspected FFVs
- Authorized persons must immediately act on reports of suspected poaching.
- Pursue, inspect, and verify if the FFV is engaged in poaching.
Authorized Persons for Enforcement
- Law enforcement officers of BFAR, Philippine Navy, Coast Guard, Police Maritime Group, local governments, and deputized Fish Wardens.
- Secretary of Agriculture may deputize other government officials, Punong Barangays, and trained fishermen’s association members.
Inspection and Apprehension Procedure
- Upon reported or observed suspected poaching, enforcement officers must:
- Document violation details including location, vessel description, and conditions.
- Approach and signal the FFV to stop safely.
- Identify themselves and state the intent to inspect for suspected poaching.
- Board the vessel, stop operations, identify crew, record fishing gear status and catch.
- Read rights to the arrested person in an understandable language.
- Require the master to sign the position record and inform them of the violation.
- Confiscate registration papers, logbook, navigational charts, and other pertinent documents.
- Record captain’s sailing experience if documents are absent.
- Secure custody of evidence and transfer it to relevant agencies.
- Escort or tow the FFV to the nearest port for thorough inspection.
- Prepare an Investigation and Apprehension Report submitted to appropriate authorities.
- Impound fishing gear and confiscate fish catch, documenting species and volume.
- Donate confiscated catch to charitable/penal institutions under conditional promissory notes.
- Examine and auction the FFV; proceeds remitted to the National Treasury.
- Transfer arrested crew to police, military, or immigration authorities for detention.
Submission of Reports
- Authorized enforcers must submit accomplishment reports to their agencies and BFAR offices.
Penalties for Violations
- Violators of foreign fishing prohibitions are subject to:
- Criminal prosecution.
- Fine up to US$100,000.
- Confiscation of catch, fishing equipment, and vessel.
- Additional administrative fines ranging from US$50,000 to US$200,000 or equivalent in pesos, imposed by the Secretary of Agriculture on BFAR recommendation.
Effectivity
- The Order becomes effective fifteen (15) days after publication in the Official Gazette or two newspapers of general circulation.