Title
Guidelines on Foreign Fish Transshipment
Law
Bfar Administrative Order No. 199, S. 2000
Decision Date
Feb 23, 2000
Guidelines for the transshipment of fish caught by foreign vessels outside Philippine waters are established to streamline entry, unloading, processing, and exportation at designated fish ports, ensuring compliance with various government agencies.
A

Definitions

  • Key agencies: BFAR, BI, BOC, DA, DFA, PCG, PFDA, PN, PNP-ASG, PNP-MG, POEA.
  • Foreign fishing vessels: Registered in countries other than the Philippines.
  • Foreign fishing operator: Owner and provider of fishing vessel, labor, capital, gear.
  • Philippine Waters: Includes territorial sea, EEZ, continental shelf, and all internal waters of the Philippines.
  • Transshipment: Process of unloading, cleaning, classifying, packing fish from foreign vessels and shipping abroad.
  • Transshipment Agent: Licensed Philippine entity acting as legal agent for foreign fishing operators.

Passage of Foreign Fishing Vessels

  • Foreign vessels intending to use designated fish ports must pass through designated navigational lanes.
  • Additional fisheries administrative orders will identify navigational lanes for other regional fish ports.

Transshipment Requirements

  • Foreign vessels must call only at designated government-owned or controlled fishport complexes.
  • Entry clearance must be secured from the Department of Agriculture through BFAR before using port facilities.

One-Stop Action Center (OSAC)

  • Established at each designated fish port complex.
  • Multi-agency composition includes BFAR, PFDA, BOC, BI, NQO, PN, PCG, PNP-MG, POEA.
  • Tasks include document processing for fishery products and vessel documentation.

Clearance Procedures for Foreign Vessels

  • Vessels must be accredited by BFAR.
  • Obtain entry clearance from DFA or its agency prior to entering Philippine waters.
  • Notify BI with vessel and crew details.

General Procedures

  1. Vessel Accreditation
  • Initiated by transshipment agent.
  • Application filed at regional fish ports with necessary vessel and ownership details.
  • Fee: P5,000 per vessel plus P100 departure clearance fee.
  • BFAR maintains list of accredited vessels.
  1. Pre-Arrival Notification
  • Authorized agent must notify OSAC 48 hours prior to arrival.
  • Provide vessel name, registry, accreditation, LOA, ETA, coordinates, crew info, catch volume, and emergency needs.
  1. Berthing and Boarding Formalities
  • Vessels anchor at quarantine area with yellow flag.
  • Boarding by NQO, BOC, BI, PCG, BFAR to conduct clearances.
  • Required documents include manifest, crew list, health certificates, and cargo manifest.
  • Only authorized personnel may board; vessels under BI custody.
  • Submission of Roll Book and BRUL application after berthing.
  1. Unloading of Fish Cargo
  • Witnessed by BOC, PNP-MG, BFAR, PFDA, PNP-ASG representatives.
  • Permit to unload and transship sashimi-grade tuna must be secured from BOC.
  • PNP-ASG escorts fish cargo transport to airport.
  1. Loading Vessel Provisions
  • Fuel loading requires bunkering permit from BOC.
  • Other supplies require clearance from OSAC and permit submission.
  • Port personnel inspect fuel, water; monitor Anti-Pollution and SOLAS compliance.
  • PNP-MG enforces laws and arrests wanted crew.
  1. Pre-Departure Requirements
  • Skipper secures Fish Port clearance (fee of P100), then OSAC clearance before obtaining BOC final exit clearance.
  • Required clearances must be settled; failure results in vessel disaccreditation and possible criminal prosecution.
  1. Vessel Movements
  • Berthed vessels must be manned by competent personnel to move when necessary.
  • Repairs require permit; only minor repairs within 48 hours allowed without special permit.
  • Sunken vessels to be removed by owner/operator within 15 days or salvaged at their expense.
  1. Sanitation and Anti-Pollution Measures
  • Compliance with human waste disposal, no discharging of garbage, bilged water or oil into harbor.
  • Transshipment agents must provide garbage containers and maintain hygiene.
  • Violations subject to penalties under pollution laws enforced by Fish Port management and PCG.
  1. Shore Pass and Immigration Guarding
  • Foreign crew must secure Shore Pass before leaving port.
  • Immigration guarding required; no unauthorized port departure.
  1. Recruitment and Vessel Manning
  • POEA oversees working conditions of Filipino crew.
  • Promotes local hires with expedited overseas employment clearance procedures.
  1. Security and Order
  • Transshipment agents secure foreign vessels' properties.
  • PNP-MG oversees internal port security, peace, and crime prevention.

Penalty Clause

  • Violation leads to cancellation of vessel accreditation, loss of transshipment rights, and prosecution under applicable laws.

Repealing Clause

  • All inconsistent previous orders are revoked.

Effectivity

  • Order takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.

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