Title
Conservation rules for Blue Swimming Crab
Law
Bfar Joint Da-dilg Administrative Order No. 01, S. 2014
Decision Date
Jan 26, 2014
The BFAR Joint DA-DILG Administrative Order No. 01, S. 2014 establishes regulations for the conservation of Blue Swimming Crab, including minimum size limits, fishing gear restrictions, and a closed season to prevent overfishing, while mandating local government units to maintain updated registries of crab fishers and enforce compliance through penalties for violations.

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:
    1. Number of registered crab fishers.
    2. Number of pots/traps per vessel.
    3. Length and number of nets per fisher.
    4. 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:
    1. Names and addresses of fishers and traders.
    2. Date of purchase.
    3. Size and quantity of crabs (in kilograms).
    4. Fishing gear used.
    5. 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.

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