Restriction on Superlight Use in Fishing

The order is issued pursuant to Section 44 and 93 of Republic Act No. 8550.
The order is implemented as a BFAR administrative issuance governing fishing operations in Philippine waters.

A superlight, also called a “magic light,” is a type of strong light using halogen or metal halide either submerged or located above the sea surface (Section 1).
A superlight consists of a ballast, regulator, electric cable and socket (Section 1).
Power for the superlight comes from a generator, battery, dynamo, or the main engine of the boat (Section 1).

Section 2 makes it unlawful to operate municipal and commercial fishing boats using superlights while fishing/operating in municipal waters.
Section 2 further makes it unlawful for commercial fishing boats to fish/operate beyond municipal waters using superlights in excess of the prescribed wattage limits.
The prescribed maximum wattage by boat size is:
- Small-scale commercial fishing boats (3.1 to 20 GT): 20 KW per vessel (Section 2).
- Medium-scale commercial fishing boats (20.1 to 150 GT): 36 KW per vessel (Section 2).
- Large-scale commercial fishing boats (more than 150 GT): 40 KW per vessel (Section 2).

A gratuitous permit to use superlights within municipal waters may be issued by the Local Chief Executive, in consultation with its FARMC, to any government or private research and educational institution for research, experimental, educational and scientific purposes (Section 2).
A gratuitous permit to use superlights in areas beyond municipal waters may be issued by the Director of the Bureau of Fisheries and Aquatic Resources (BFAR), in consultation with the NFARMC, to any government or private research and educational institution for research, experimental, educational and scientific purposes (Section 2).
All such permits are subject to terms and conditions the Local Chief Executive or the BFAR Director respectively may deem wise to impose (Section 2).

A violation of BFAR Administrative Order No. 204, s. 2000 subjects the offender to imprisonment from six (6) months to two (2) years (Section 3).
A violation also subjects the offender to a fine of five thousand pesos (P5,000.00) per superlight, or both imprisonment and fine in the discretion of the court (Section 3).
Section 3 provides that penalties are without prejudice to confiscation of:
- the superlight used,
- the fishing vessel, and
- the gear (Section 3).

Section 4 repeals or modifies all orders, rules and regulations or parts thereof that are inconsistent with BFAR Administrative Order No. 204, s. 2000.