Law Summary

Introduction

This Fisheries Administrative Order (FAO) outlines regulations governing handline fishing operations in the high seas of the Western and Central Pacific Fisheries Commission (WCPFC) Convention Area. It aims to ensure sustainable fishing practices and compliance with international conservation measures.

Background and Authority

• Legal Basis: The Philippines is a signatory to the WCPFC Convention, ratified in 2005, and must adhere to the conservation measures adopted, such as CMM 2017-01 for tuna sustainability.
• Objective: To regulate the fishing of highly migratory species and create a sustainable management framework.

Scope and Application

• Coverage: Applies to Philippine-registered handline fishing boats with International Fishing Permits operating in the high seas of the WCPFC Convention Area.
• Geographical Limitations: Defined by the EEZs of neighboring states, including the Federated States of Micronesia, Republic of Palau, Indonesia, and Papua New Guinea.

Allocation of Fishing Access

• Access Criteria:
  • Must possess valid licenses (CFVGL, International Fishing Permit, Special Permit).
  • Compliance with Philippine Coast Guard and MARINA regulations.
  • Must not have prior administrative or criminal offenses.
  • Equipped with Vessel Monitoring System (VMS).
  • Limited to deploying no more than 2 Fish Aggregating Devices (FADs).
• Application Process:
  • Submit a Letter of Intent (LOI) with vessel details.
  • Evaluation based on compliance with criteria and fishing history.

Vessel Monitoring System

• Requirement: All fishing vessels must operate a two-way Automatic Location Communicator (ALC) to ensure real-time tracking.
• Data Sharing: Continuous VMS information to be shared with adjacent coastal states for monitoring purposes.

Reporting Obligations

• Pre-Entry Notification: Boats must notify BFAR 24 hours prior to entry and 6 hours prior to exiting fishing grounds.
• Reporting Format: Specific details on position and vessel type must be provided.
• Sightings Reporting: Must report any sightings of fishing vessels to BFAR and WCPFC.

Vessel Listing

• Maintenance: BFAR will keep an updated list of operational handline fishing boats based on reported entries and exits.
• Accessibility: The list will be available to WCPFC members and stakeholders via BFAR’s website.

Monitoring of Port Landings

• Landing Requirements: All landings must occur at authorized ports.
• Documentation: Monthly catch logs must be submitted for processing and analysis.

Effort Limit

• Compliance: Adheres to established WCPFC Conservation and Management Measures (CMM).

Use of Fish Aggregating Device (FAD)

• Limitations: Each vessel can deploy a maximum of 2 FADs, in accordance with existing policies.

Research and Observers

• Facilitation of Research: Observers from BFAR must be accommodated for scientific studies related to fishery management.

Nature of Access Rights

• Transfer of Rights: Subject to prior approval from BFAR, any transfer of access rights must meet the same criteria established herein.

Penalties for Violations

• General Penalties:
  • Intentional non-reporting may incur fines equivalent to five times the value of the catch.
  • Specific fines based on the scale of commercial fishing (small, medium, large).
• Excess FAD Deployment: Php 50,000 fine per excess FAD.
• Unauthorized Actions: Fines for unauthorized port landings and fishing in non-designated areas.

Separability Clause

• Constitutionality: If any provision is declared invalid, the remaining provisions remain effective.

Repealing Clause

• Modification of Previous Regulations: Any inconsistent existing rules are repealed or modified.

Effectivity

• Commencement: The Order takes effect 15 days post-publication and upon registration with the National Administrative Register.

Key Takeaways

• This order regulates handline fishing in the WCPFC area to ensure sustainable practices.
• It establishes criteria for fishing access, reporting obligations, and monitoring requirements.
• Violations result in significant fines and potential criminal penalties.
• Stakeholders must comply with all outlined procedures to maintain operational licenses.