Policy Objectives and Legal Basis
- Conservation policy focused on reducing fishing effort in Philippine waters, especially spawning grounds.
- Based on Republic Act (RA) 9379 (Handline Fishing Law of 2007) promoting sustainable development of handline fishing industry.
Definitions of Key Terms
- Covers definitions of Automatic Location Communicator (ALC), Vessel Monitoring System (VMS), Commercial Fishing Vessel/Gear License (CFVGL), Exclusive Economic Zone (EEZ), Fish Aggregating Devices (FAD), Fisheries Monitoring Center (FMC), handline fishing method and boats, pakura or sirisan (auxiliary boats), High Seas, HSPI (High Seas Pocket 1), International Fishing Permit (IFP), Regional Fisheries Observer, Regional Fisheries Management Organizations (RFMOs), and WCPFC.
Scope and Application
- Applicable to Philippine-registered handline fishing boats with International Fishing Permits and Special Permits operating in high seas within WCPFC Convention Area.
- Defined geographic scope bounded by EEZs of Micronesia, Palau, Indonesia, and Papua New Guinea with coordinates aligned with WCPFC VMS.
Allocation of Fishing Access
- Pre-qualification criteria for handline fishing vessels include valid licenses and permits, compliance with maritime regulations, Catch Documentary Scheme compliance, clean administrative record, WCPFC registration, VMS installation, limited deployment of FADs, and attendance of owners/officers to orientation.
- Annual fee required differentiated by vessel gross tonnage.
- Formal Letter of Intent (LOI) submission and evaluation procedures established.
Vessel Monitoring System (VMS) Requirements
- Mandatory installation and operation of two-way ALC VMS devices as per relevant regulations and WCPFC measures.
- Continuous real-time data sharing with adjacent coastal states and WCPFC for monitoring.
- Data access and dissemination governed by WCPFC rules to protect sensitive information.
Reporting Obligations
- Mandatory notification to BFAR, coastal states, and WCPFC at least 24 hours prior to entry and up to 6 hours before exit from fishing grounds.
- Reports include vessel ID, entry/exit date and time, latitude and longitude.
- Reporting of sightings of other fishing vessels required with detailed information.
Vessel Listing and Transparency
- BFAR maintains updated list of handline fishing boats operating in high seas.
- List submitted to WCPFC and accessible to stakeholders through BFAR website.
Monitoring of Port Landings
- All landings must be made at authorized ports managed by Philippine Fisheries Development Authority or BFAR-approved ports.
- Monthly catch logsheets with catch and effort data required from each vessel.
Effort Limits and FAD Usage
- Effort limits comply with applicable WCPFC CMMs.
- Each vessel limited to deploying a maximum of two Fish Aggregating Devices (FADs).
- FADs subject to design, deployment, replacement and reporting regulations.
Research and Observers
- BFAR observers to be accommodated on handline fishing boats for scientific data collection and fishery management.
Nature of Access Rights
- Transfer or replacement of vessels covered under the Order requires prior BFAR approval.
- Unauthorized transfers are void.
Penalties for Violations
- Fines and sanctions imposed for various violations including:
- Non-reporting of position: fines ranging from PHP 250,000 to PHP 2,500,000 depending on fishing scale.
- Unreported fishing in high seas: fines from PHP 2,000,000 to PHP 45,000,000 plus imprisonment and gear confiscation upon conviction.
- Deployment of excess FADs: PHP 50,000 per excess FAD plus confiscation.
- Unauthorized transfer of access rights: PHP 100,000 to 200,000 plus possible permit revocation.
- Fishing outside authorized high seas: fines and permit revocation.
- Unauthorized unloading or landings: fines and permit revocation.
Miscellaneous Provisions
- Separability Clause ensures unaffected provisions remain valid if any part declared unconstitutional.
- Repealing Clause nullifies inconsistent previous orders or regulations.
- Effective 15 days after publication and registration, coterminous with CMM 2017-01.
Issuance and Authority
- Issued by the Secretary of Agriculture with recommendation of the Undersecretary of Fisheries and BFAR Director on July 25, 2018 at Quezon City.