Mesh Size Regulation for Tuna Purse Seine Nets

The Order is issued pursuant to Section 2 paragraph c, Section 65 paragraph n, and Section 89 of the Philippine Fisheries Code of 1998 (Republic Act No. 8550).
The Order establishes management and conservation measures to minimize/reduce the catching of small tuna associated with tuna purse seine operations.

The Order targets the conservation problem created when purse seine nets catch significant numbers of small tuna.
The Order addresses the impact of harvesting small tuna on tuna recruitment, because significant numbers are caught before reaching maturity.
The Order responds to reduced catches in the commercial fisheries sector attributed to purse seine nets contributing to harvest of small tuna.
The Order recognizes tuna fishing needs to align with international agreements calling for management and conservation of highly migratory fish stocks.

Bycatch Ceiling means the ceiling often percent (10%) of small tunas caught during fishing operation.
Small tuna means young tuna fish less than 500 grams, including yellowfin tuna, big eye tuna, and skipjack tuna.
Mesh size for tuna purse seine nets means the minimum mesh size not less than 3.5 inches (8.89 cm) at the bunt or bag portion for catching tuna.
Tuna means migratory pelagic fishes of two commercially exploited genera: Thunnus and Katsuwonus.
Tuna purse seine means a fishing gear that surrounds a school of tuna fish attached by payo, lights and/or from free school or drifting logs, using a rectangular net with floats at the upper portion and purse rings at the lower section where the purse rope or cable passes to close the net bottom during fishing operations.
Trading means the selling and buying of small tuna in landing/market places such as fish ports with estimated volume of more than 10% of the by catch ceiling.

The Order regulates any person, association, cooperative, partnership, or corporation that operates tuna purse seine nets.
The Order regulates those who trade small tuna in landing/market places such as fish ports where volumes relate to bycatch limits.
The Order includes enforcement consequences for conduct involving a commercial fishing vessel, including liabilities of the boat captain and the masterfisherman.

It is unlawful to operate tuna purse seine nets with mesh size smaller than 3.5 inches (8.89 cm) at the bag or bunt portion for catching tuna.
It is unlawful to trade small tuna caught beyond the bycatch ceiling.
The bycatch threshold concept is anchored on Bycatch Ceiling defined as 10% of small tunas caught during fishing operation.

Violation of Section 2 subjects the offender to:
- a fine of from PHP 2,000.00 to PHP 20,000.00, or
- imprisonment of from six (6) months to two (2) years, or
- both fine and imprisonment at the discretion of the court.
When the offense is also committed by a commercial fishing vessel, the boat captain and the masterfisherman are also subject to the same penalties under Section 3.
When the owner/operator of the commercial fishing vessel violates the provision, the owner/operator is subject to the same penalties.
The Department is empowered to impose, upon the offender, an administrative fine and/or cancel his permit or license or both.

Existing operators using tuna purse seine nets with mesh size less than 3.5 inches (8.89 cm) at the bunt or bag portion are granted a grace period of three (3) years from the effectivity of the Order.
During the grace period, operators must change or replace gradually their nets to comply.
Compliance must begin in the first year by phasing out the illegal mesh size in 10% of the total number of purse seine catchers.
In the 2nd year, the required phase-out is 20% of the total number of purse seine catchers.
In the 3rd year, the required phase-out is 70% of the total number of purse seine catchers.
After the grace period, all nets must have been changed to the 3.5 inches legal mesh size.
No registration of tuna purse seine catchers for new entrants is allowed without compliance with the Fisheries Administrative Order.

Fisheries Administrative Order Nos. 155 and 155-1 regulating the use of fine meshed nets are modified insofar as commercial fishing boats using tuna purse seine nets are concerned.
Fisheries Administrative Order No. 188, series of 1993 is repealed.