Law Summary
Definitions
- Auxiliary Invoice: Document issued by LGUs for fish/seafood transport domestically or for export, involving administrative fees.
- Local Transport Permit (LTP): Permit authorizing domestic movement of aquatic wildlife from legal sources, different from auxiliary invoice.
- Blue Swimming Crab: Defined scientifically and locally with physical characteristics distinguishing males and females, including size and color.
- Descriptions of fishing gears like crab entangling nets, liftnets, and pots/traps given.
- Other terms defined include BFAR, DA, DILG, FARMC, LGUs, crab fishers, processors, NFRDI, and NSAP.
Master Listing and Fisher Monitoring
- LGUs to maintain and update a master list of municipal crab fishers from the Registry of Fisherfolk.
- Lists to include number and types of fishing gears, along with technical specifications such as net mesh size.
Regulations on Use and Fishing Practices
- Minimum carapace width for crab harvest set at 10.2 cm; municipalities may impose stricter size limits.
- Fishing gear size limits:
- Crab entangling nets minimum mesh size: 11 cm (single layer).
- Crab liftnets minimum mesh: 3 cm stretch mesh.
- Crab pots/traps minimum hole diameter: 5 cm.
- LGUs, with consultation from FARMC and based on scientific data, to impose closed seasons and closed fishing areas.
- Additional regulatory measures may include limits on:
- Number of registered crab fishers.
- Number of pots/traps per vessel.
- Length and number of nets per fisher.
- Specific closed seasons per municipality.
Holding Cages for Berried Crabs
- LGUs encouraged to require crab fishers to establish holding cages for live berried (egg-bearing) crabs within municipal waters.
- BFAR to provide training on handling and transportation of berried crabs.
Record-Keeping Requirements
- Crab processors and traders must keep daily log sheets containing:
- Names and addresses of fishers and traders.
- Date of purchase.
- Size and quantity of crabs (in kilograms).
- Fishing gear used.
- Fishing ground origin and market destination.
Special Permits for Scientific, Educational or Propagation Purposes
- DA Secretary may grant special one-year permits to eligible entities for collecting berried and juvenile crabs.
- Permits non-transferable and subject to further conditions.
- Must be carried for presentation during enforcement checks.
Auxiliary Invoice and Local Transport Permit Requirements
- Mandatory for crab buyers, traders, and processors to secure both auxiliary invoice and LTP before transporting blue swimming crabs to processing and market points.
Research and Development
- Continuous R&D on stock monitoring, gear improvement, aquaculture development, stock enhancement, and socio-economic impacts is mandated.
- Conducted by BFAR, NFRDI, academic and other credible research institutions.
Prohibited Acts
- Possession/trading of juvenile BSC less than 10.2 cm carapace width prohibited.
- Fishing during closed seasons or using gears with mesh sizes below minimum standards prohibited.
- Possession/trading of berried crabs prohibited.
- Transport of BSC without valid auxiliary invoice and LTP prohibited.
Penalties for Violations
- Violations of minimum size and gear limitations:
- Fines of P2,000 to P20,000 or imprisonment 6 months to 2 years, or both.
- Additional penalties for commercial fishing vessel operators and crew.
- Administrative fines and permit cancellation powers accorded to DA and DILG.
- Closed season/area violations:
- Imprisonment 6 months and 1 day to 6 years.
- Fine of P6,000 and forfeiture of catch.
- Cancellation of fishing permits.
- Berried crab violations:
- Imprisonment 6 months and 1 day to 8 years.
- Fine of P80,000, forfeiture of catch and equipment.
- Revocation of license.
- Transport without auxiliary invoice and LTP:
- Imprisonment 5 to 10 days.
- Fine P200 to P1,000.
- Administrative penalties include:
- Forfeiture of wildlife, by-products, tools, and conveyances.
- Suspension and cancellation of permits.
- Permanent disqualification from activities involving wildlife.
- Alien offenders subject to deportation after serving sentence and paying fines.
Repealing Clause
- Inconsistent rules or administrative orders prior to this Order are repealed.
Effectivity
- The Order takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation and registration with the National Administrative Register.