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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Shore Pass and Immigration Guarding
- Foreign crew must secure Shore Pass before leaving port.
- Immigration guarding required; no unauthorized port departure.
- Recruitment and Vessel Manning
- POEA oversees working conditions of Filipino crew.
- Promotes local hires with expedited overseas employment clearance procedures.
- 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.