Definitions of Key Terms
- Automatic Location Communicator (ALC) or Mobile Tracking Transceiver Unit (MTU): devices for vessel tracking.
- Carrier and Catcher vessels: roles defined separately for fish transport and fish harvesting.
- Coastal State: country where fishing is conducted.
- Distant-Water Fishing: fishing in high seas, RFMO-managed areas, or other Coastal States' waters.
- High Seas: waters beyond any national jurisdiction.
- RFMO: Regional Fisheries Management Organization.
- Others: terms like FAD, Flag State, Purse seine, Vessel types, and relevant fisheries organizations are defined.
Scope and Application
- Applies to all Philippine-flagged vessels engaging in distant-water fishing regardless of vessel type.
Conditions to Engage in Distant Water or International Fishing
- Must have valid Commercial Fishing Vessel License.
- Must register with the appropriate RFMO or Coastal State permitting foreign fishing.
- Must comply with RFMO or Coastal State rules and MARINA safety and manning requirements.
- Must secure International Fishing Permit (IFP) and Special Fishing Permit (SFP) from BFAR plus necessary Coastal State licenses.
- Fish caught are considered Philippine origin and exempt from import duties if landed in designated Philippine ports.
- Fishing vessel owners must provide confidential information on fishing access conditions to BFAR.
- IFP is valid for three years barring earlier revocation.
Requirements for Distant Water Fishing Vessels
- Accreditation by BFAR Director.
- Valid CFVGL.
- Duly accomplished IFP application and Coastal State fishing permits (as applicable).
- Ship Station License.
- Payment of application and permit fees (specified amounts including $1,500 for SFP).
- Affidavit not to operate in Philippine waters during permit period unless authorized.
Vessel Marking and Specifications
- Must comply with vessel marking rules of the relevant RFMO or Coastal State.
- Must display International Radio Call Sign as per FAO standards.
Observer Coverage
- All catcher vessels must carry fisheries observers accredited by the appropriate RFMO.
- Foreign Coastal States’ observer requirements must also be complied with.
Vessel Monitoring System
- Catcher and carrier vessels must have two-way ALC devices.
- Lightboats must have one-way ALC devices.
Reporting Requirements
- Catchers must maintain prescribed logs submitted monthly to BFAR.
- Owners must give timely notice of vessel’s entry and exit from high seas with specific data 24 hours before entry and 6 hours before exit respectively.
Inspection and Monitoring of Landings
- Landings can only be done at PFDA-controlled authorized fish ports or BFAR-recognized GHP-compliant private wharves.
- Fish Inspetors must verify catch weights during unloading.
- BFAR coordinates with PFDA and PCG for proper inspection and traceability.
Declaration of Landing in Foreign Ports
- Fishing companies must notify BFAR or port authorities at least 7 working days before foreign port landings.
- Detailed information about vessel, port, catch volumes, and buyers must be provided.
- Landing Declaration attested by port State authority must be submitted to BFAR within 30 days after landing.
Catch Allocation Monitoring
- BFAR monitors catch quotas and vessel days allocated by RFMOs and PNA.
- Owners must provide confidential catch allocation data to BFAR.
Advance Notice for Transshipment Monitoring
- Fishing companies must notify BFAR at least 7 working days prior to scheduled transshipment.
- Detailed vessel and transshipment information must be submitted.
Group Seining Operations
- Group seining (catch transfer between catcher and carrier vessels) is not a transshipment but must be documented.
- Observers are to verify group seining when applicable.
Documentation for Traceability
- Transshipment Certificate required for transshipments at sea or port.
- Landing Declaration and Captain/Mate Certificates required for landings and group seining.
Bilateral Cooperation with Other States
- BFAR to coordinate with foreign Coastal or Port States for monitoring and documentation sharing.
- Bilateral agreements must exist for recognition of foreign landing and transshipment documents.
Prohibitions and Penalties
- Serious violations include fishing without permits, lacking observers or ALC, illegal transshipments, fishing in prohibited areas or using prohibited gears, misreporting catch, and obstructing law enforcers.
- Penalties range from fines (up to several millions of pesos) to permit suspension or revocation.
- Other violations include failure of reporting, fishing with expired permits, unauthorized landing, etc., subject to lower fines and suspension.
- Repeat offenders face escalating penalties including revocation and heavier fines.
IUUF List Creation
- Philippine nationals or vessels committing three prohibited acts are listed as supporting illegal, unregulated fishing.
Separability and Repealing Clauses
- Invalidity of any part does not affect other provisions.
- Existing rules inconsistent with this Circular are repealed or modified; FAO 245-2 remains effective for special areas but this Circular applies suppletorily.
Effectivity
- Circular takes effect fifteen days after publication and upon registration with the National Administrative Register.