Definitions of Key Terms
- Introduction of technical terms such as Automatic Location Communicator (ALC), BFAR Vessel Monitoring System (VMS), Commercial Fishing Vessel/Gear License (CFVGL), Exclusive Economic Zone (EEZ), Fish Aggregating Devices (FAD), Group Seine, High Seas Pocket 1 (HSP-1), International Fishing Permit (IFP), Purse Seine/Ring Net, Regional Fisheries Observer, Special Management Area (SMA), among others.
- These definitions establish clear understanding required for regulatory compliance and enforcement.
Scope and Application
- Applicable to 36 traditional group seine fishing vessels registered in the Philippines, authorized to access HSP-1 SMA.
- Limits vessel gross tonnage to no more than 250 GT.
- Geographic coverage: HSP-1 SMA bounded by neighboring EEZs (Micronesia, Palau, Indonesia, Papua New Guinea).
Allocation of Fishing Access
- Conditions for granting access include:
- Philippine registration with valid licenses and permits (CFVGL and IFP).
- Payment of special permit fees starting at USD 1,600 with incremental fees until 2017.
- Compliance with SOLAS, Catch Documentation Scheme, and mesh size requirements.
- No prior convictions for violations of conservation measures.
- Mandatory installation of two-way VMS on catcher and carrier vessels; one-way ALCs on lightboats.
- Commitment to deploy no more than 40 FADs per catcher vessel.
- Training/orientation attendance required for boat owner and officers.
- Prohibition of tuna fishing in Philippine waters during license validity unless specially approved.
Observer Coverage
- 100% observer coverage on catcher vessels mandated.
- Observers accredited through WCPFC Regional Observer Program, preferably fishery graduates.
Vessel Monitoring System
- Two-way ALC systems required on catcher and carrier vessels.
- One-way ALCs required on lightboats with phased installation.
- Real-time VMS data shared with adjacent coastal states and WCPFC for monitoring.
- Access and dissemination of data governed by WCPFC rules to protect confidentiality and scientific use.
Reporting Requirements
- Mandatory notification to BFAR at least 24 hours prior to HSP-1 SMA entry and no more than 6 hours prior to exit.
- Reports include vessel ID, date/time, and coordinates.
- Vessels must report sightings of other fishing vessels with relevant operational details.
- Notifications also sent to adjacent coastal states and WCPFC Secretariat.
Vessel Listing and Public Disclosure
- BFAR maintains updated list of fishing vessels operating in HSP-1 SMA based on reports.
- List submitted to WCPFC and made publicly available via BFAR website.
Monitoring of Port Landings
- Require all landings from HSP-1 SMA at authorized ports (General Santos, Zamboanga, PFDA ports).
- Submission of catch logsheets to BFAR to ensure reliable species-specific catch data for analysis.
Catch Limits
- Annual catch per vessel capped equivalent to 273 high seas fishing days, proportionate to the total fishing days and number of vessels.
Net Mesh Size Requirements
- Purse seine nets must have mesh size of at least 3.5 inches from mid-body to the entire wing.
- Ring nets must have mesh size of at least 3.5 inches at both wings.
Use and Limits of Fish Aggregating Devices (FADs)
- Maximum of 40 FADs deployed per catcher vessel.
- Location coordinates of FADs must be submitted to BFAR.
- Seasonal prohibition (July, August, September) on setting nets on FADs within HSP-1 SMA as per CMM 2014-01.
Nature of Access Rights and Transfer
- Transfer or replacement of vessels requires prior BFAR approval.
- Unauthorized transfers considered void.
Penalties for Violations
- Fines and penalties escalate with offenses, including:
- Php 100,000 to Php 500,000 fines and permit revocation for sailing without observer.
- Php 500,000 to Php 1,000,000 fines plus permit revocation for non-reporting VMS positions.
- Php 500,000 to Php 1,000,000 fines for failure to notify BFAR or submit catch logsheets.
- Php 1,000,000 fine and permit revocation for exceeding fishing days limit.
- Php 1,000,000 to Php 2,000,000 fines and permit revocation for non-compliance with mesh requirements.
- Php 50,000 per excess FAD and confiscation.
- Php 1,000,000 to Php 2,000,000 fines with revocation for unauthorized transfer of access rights.
Legal Clauses
- Separability Clause: invalidity of any provision does not affect others.
- Repealing Clause: inconsistent existing administrative orders and regulations are repealed or modified.
- Effectivity Clause: order takes effect 15 days post-publication and upon registration with National Administrative Register.
Issuance and Authorization
- Promulgated by Department of Agriculture through BFAR.
- Signed and issued by Secretary of Agriculture and Director of BFAR on June 29, 2015.