Conservation rules for Blue Swimming Crab

Legal basis and related policy instruments

The order is promulgated pursuant to Republic Act No. 8550 (Fisheries Code of 1998) through its cited provisions, including Sections 2 (a), (c), (f), and (g), 3 (a) and (b), 9, 15, 16, 19, 89, 95, 98, and 107.
The order is promulgated pursuant to Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act) through its cited provisions, including Sections 27 (i) and 28.
The order is promulgated under the Local Government Code of 1991 (Republic Act No. 7160) through its cited provisions, including Sections 17(b)(2)(i), 131(p), (r), and (x), 149(b), 447 (1) (vi).
The order adopts and implements fisheries management principles under the Blue Swimming Crab Management Plan.
The order adopts pertinent provisions of FAO 233, Series of 2010 pursuant to Republic Act No. 9147.

Definitions governing the order

“Auxiliary Invoice” means a document issued by LGUs or their duly authorized representatives to all fish and fishery products prior to transport from their point of origin to their point of destination in the Philippines and/or for export purposes, issued upon payment of a fee determined by the LGUs to defray administrative costs.
“Local Transport Permit (LTP)” means a permit for domestic movement authorizing an individual to bring, carry, or ship aquatic wildlife, by-products, or derivatives acquired from legal sources from the point of origin to the final destination within the country, where such movement is different from the auxiliary invoice issued by LGUs and/or BFAR for transport and domestic movement of products derived from aquaculture or conventional fishing.
“Blue Swimming Crab (BSC)” refers to Portunus pelagicus (locally known as kasag, alimasaga, dariway/bansaway, Galeway, lambaya, masaga), with specified physical and biological identifying descriptions.
“Berried” means egg-bearing crustaceans.
“BFAR-RFO” refers to BFAR Regional Field Office.
“Bureau” refers to the Bureau of Fisheries and Aquatic Resources (BFAR).
“Closed Season” means the period when taking specified fishery species by specified fishing gear is prohibited in specified areas in Philippine waters.
“Crab entangling net / lambat pangasag / pukot panglambaya / apukot pangasaga” means a long rectangular net panel held vertically and anchored to the bottom so crabs become entangled by their legs.
“Crab liftnet / bintola / sapyawa” means a sheet of netting supported by frames that captures crabs by entanglement when placed on the sea bottom, intended for catching crabs in shallow waters and often baited.
“Crab pot/trap / panggala / timing a / bubo pangasaga” means an enticing device of various sizes and shapes, generally made of bamboo splits, netting, and other materials with a non-return valve for easy entry and difficult exit.
“DA” refers to the Department of Agriculture; “DILG” refers to the Department of the Interior and Local Government; “FARMC” refers to the Fisheries and Aquatic Resources Management Council; “LGU” refers to local government units at the municipal/city levels.
“Crab Fishers” are individuals directly engaged in catching crabs; “Crab traders and processors” are individuals or groups engaged in trading and processing crabs and their by-products.
“NFRDI” refers to National Fisheries Research and Development Institute; “NSAP” refers to National Stock Assessment Program.

Municipal master list and updating

LGUs must maintain and regularly update a separate list of municipal crab fishers based on the Registry of Fisherfolk in their respective areas.
LGUs must update the list with the assistance of BFAR to facilitate proper monitoring, management, and conservation of blue swimming crab resources.
The Master list must include the number of units per gear and a description of the gears.
The Master list must also include the length and mesh size(s) of nets.

Minimum size and fishing gear rules

The minimum carapace width of BSC allowed for catching, collecting, and trading is 10.2 cm, using Diagram 1 as an integral part of the order.
Coastal municipalities may adopt a minimum size limit higher than 10.2 cm for catching BSC.
Crab Entangling Nets (single layer only) and Crab Liftnets must have a minimum mesh size of 11 cm and 3 cm stretch mesh, respectively.
Crab Pots/Traps must have a 5 cm minimum hole diameter.
A closed season must be imposed by LGUs, in consultation with FARMC, based on scientific data gathered.
NFRDI and BFAR Regional Field Offices through NSAP, together with other research institutions/agencies and academe, must provide the scientific data for the closed season.
If public interest requires, the Secretaries of DA and DILG may issue regulations, based on sound scientific evidence and/or the precautionary approach in fisheries management, upon recommendation of LGUs and BFAR in consultation with FARMC and other stakeholders.
Such additional regulations may include limits on: (1) the number of registered crab fishers allowed to operate in any area in Philippine waters; (2) the number of crab pots/traps allowed per boat/banca; (3) the length/depth and number of nets a fisher may own and operate; and (4) a specific closed fishing season for BSC by municipality.

Closed season, holding cages, and records

LGUs must impose closed season/area measures through scientific-data-driven decisions in consultation with FARMC.
In implementing Philippine National Aquasilviculture Program (PNAP) Community-Based Hatchery (CBH) projects, LGUs are encouraged to require, through a municipal ordinance, that crab fishers establish prescribed holding cages for live berried crabs caught within municipal waters/their jurisdiction.
BFAR must conduct trainings on the handling and transport of berried live BSC, either on its own or in partnership with other government agencies and/or non-government organizations.
All blue swimming crab processors—including all persons, associations, or corporations engaged in buying, selling, and processing BSC—must keep a Log Sheet showing daily transactions.
The Log Sheet must record: (1) the name/s and address/es of fishers, buyers, or sellers; (2) date of purchase; (3) size of BSC; (4) quantity in kilograms; (5) fishing gear used; and (6) place of origin (fishing ground) and market destination.

Special permits and traceability documents

The DA Secretary may grant a special permit upon recommendation by BFAR, through its Director and the concerned LGU, to private associations, academic institutions, government agencies, and other individuals.
The special permit covers gathering or collection of berried and juvenile blue swimming crab of any size for scientific, educational, or propagation purposes.
A special permit remains in force for one (1) year from the date of issuance and may be renewed depending on the study or purpose of the proponent.
A special permit is not transferable and may be subject to other restrictions imposed.
Special permit holders must always carry the permit for presentation and must make it available upon demand by Fishery Law Enforcement and Quarantine Officers and Aquatic Wildlife Enforcement Officers.
Buyers, traders, and processors must secure both an auxiliary invoice and an LTP before shipping/transporting BSC from buying stations and meat picking plants to the processing plant.

Research and continuous improvement

The Bureau, NFRDI, academic institutions, and other credible research institutions must conduct continuous research and development.
The R&D includes monitoring of BSC stocks, improving fishing accessory designs/materials to address ecosystem impacts and safety at sea, developing aquaculture facilities and practices, enhancing crab stocks, and evaluating socio-economic impacts to support implementation and refinement of the order.

Prohibitions and criminally punishable acts

It is unlawful to possess or trade juvenile BSC less than the 10.2 cm minimum carapace width requirement.
The DA Secretary may impose a larger minimum size for catching BSC upon recommendation of the BFAR Director and concerned LGU, in consultation with FARMC.
It is unlawful to fish during a closed season/area and unlawful to use fishing gears that are less than the prescribed minimum stretch mesh size and hole diameter under the gear rules.
It is unlawful for any person, association, cooperative, partnership, or corporation to possess or trade berried blue swimming crabs.
It is unlawful to transport BSC without a valid auxiliary invoice and LTP.

Penalties, administrative consequences, and forfeitures

Violations on minimum carapace width and crab fishing gear limitation (Sections 3.1 and 3.2) are punishable by a fine from PHP 2,000.00 to PHP 20,000.00, or imprisonment from six (6) months to two (2) years, or both, at the court’s discretion.
If the offense is committed by a commercial fishing vessel, the boat captain and the master fisherman are subject to the same penalties.
If the owner/operator of the commercial fishing vessel violates the provision, the owner/operator is subject to the same penalties.
DA and DILG may impose an administrative fine and/or cancel the offender’s permit or license or both for these violations.
Violations of the closed season/area (Section 3.3) are punishable by imprisonment of six (6) months and one (1) day to six (6) years and/or a fine of PHP 6,000.00, plus forfeiture of the catch and cancellation of fishing permit or license.
Violations involving berried BSC are punishable by imprisonment of six (6) months and one (1) day to eight (8) years and/or a fine of PHP 80,000.00, plus forfeiture of the catch, forfeiture of the fishing equipment used, and revocation of license.
Violations for not securing auxiliary invoice and LTP (Section 7) are punishable by imprisonment of five (5) days to ten (10) days and a fine of PHP 200.00 to PHP 1,000.00 for transporting BSC without a permit.
The fine under the auxiliary invoice/LTP offense must be increased by at least 10% every three (3) years to compensate for inflation and maintain deterrence, and the increase applies automatically without issuance of regulations.
If the offender is an alien, the alien is deported after service of sentence and payment of fines, without further proceedings.
The Director must impose these additional administrative penalties for the above-mentioned violations: ipso facto forfeiture, automatic suspension of permits pending trial, cancellation of permits upon conviction, and permanent disqualification from engaging in any activity involving wildlife for commercial, research or other purposes.
For forfeiture, all wildlife, derivatives or by-products, and all paraphernalia, tools, and conveyances used are forfeited ipso facto without the benefit of a court order, but conveyances belonging to third persons with no participation or knowledge of the illegal acts are not forfeited and are released to those third persons only upon court order.
Other violations are penalized under Chapter IV of FAO 233 implementing Republic Act No. 9147.

Repeal clause

All Administrative Orders, rules, and regulations or parts thereof inconsistent with the order are repealed.