Legal Authority and Purpose
- Issued pursuant to Sections 107 and 128 of Republic Act 8550 (Philippine Fisheries Code of 1998).
- Objectives:
- Regulate commercial fishing operations in Lingayen Gulf.
- Address overfishing and environmental degradation.
- Implement conservation and management measures.
Definitions
- Bureau: Bureau of Fisheries and Aquatic Resources (BFAR).
- Commercial Fishing: Taking fish for trade, business or profit beyond subsistence or sports fishing.
- Small-scale: Vessels 3.1 to 20 gross tons (GT).
- Medium-scale: Vessels 20.1 to 150 GT.
- Large-scale: Vessels over 150 GT.
- Danish Seine: Conical shaped net with wings and ropes using scaring devices for herding fish, hauled by fishing boats.
- Director: Director of BFAR.
- Lingayen Gulf: Semi-circular embayment on northeast coast of Luzon, covering about 2,620 square kilometers.
- Moratorium: Temporary legal ban on issuing licenses for commercial fishing vessels in specific areas due to overfishing or conservation needs.
- Person: Includes natural and juridical entities like individuals, associations, cooperatives, or corporations.
- Trawl: Active fishing gear consisting of bag-shaped net dragged to strain fish, including variations like bottom, mid-water, and baby trawls.
Moratorium on Commercial Fishing Vessels
- Duration: Implemented over three years.
- Key provisions:
- No new licenses for commercial fishing vessels in the gulf.
- Maintain current number of trawl and Danish seine vessels.
- Prohibit fishing boats from other regions from operating in the gulf.
- BFAR to establish phasing out criteria and moratorium guidelines in consultation with relevant government agencies and commissions.
Role of Local Government Units (LGUs) and Lingayen Gulf Coastal Area Management Commission (LGCAMC)
- LGUs, with support from LGCAMC and BFAR, must formulate unified municipal fisheries ordinances.
- Ordinances to prohibit commercial fishing vessels in municipal waters.
- Action taken pursuant to RA 8550 provisions.
Prohibitions
- Operating trawl, Danish seine, and other commercial fishing vessels or gears in Lingayen Gulf is unlawful unless allowed for specific purposes.
- Exemptions: Government or private entities may operate such gears for research, experimental, educational, or scientific purposes with Director's approval and conditions.
Penalties
- Violations subject to:
- Fines ranging from PHP 500 to PHP 5,000.
- Possible cancellation of fishing license.
- Both fines and license cancellation may be imposed.
Effectivity
- Order effective fifteen days after publication in the Official Gazette or two newspapers of general circulation.
Administrative Authorities
- Secretary of Agriculture imposed the order.
- BFAR Director recommended approval and is responsible for implementation and enforcement.