Title
FAD Closure Fishing Rules for Purse Seine and Ring Net Vessels
Law
Bfar Fisheries Administrative Order No. 236 S. 2010
Decision Date
May 31, 2010
BFAR Fisheries Administrative Order No. 236 mandates the reduction of purse seine and ring net fishing depths by ten fathoms during the FAD closure period from July 1 to September 30 in 2010 and 2011 to minimize the by-catch of bigeye tuna, requiring vessel accreditation and monitoring for compliance.
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Background and International Context

  • The WCPFC adopted CMM 2008-01 targeting over a 3-year period a 30% reduction in bigeye tuna fishing mortality in purse seine fishery between 20°N and 20°S.
  • The measure includes a closure of FAD use from July 1 to September 30 for 2010-2011 among Parties to the Nauru Agreement (PNA) members.
  • Non-PNA members like the Philippines must adopt compatible measures within their EEZs to reduce bigeye tuna fishing mortality.

Definitions

  • Convention: Convention on Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.
  • HMFS: Highly Migratory Fish Stocks per the 1982 Law of the Sea Convention.
  • WCPFC: Western and Central Pacific Fisheries Commission.
  • Ring Net: Surrounding net manually or winch hauled for pelagic fish.
  • Purse Seine: Surrounding net with a bunt, hauled by puretic power block.
  • FDS (Fathoms Depth Stretched): Depth of the net with all meshes fully stretched.
  • Maximum Stretched Net Depth: The deepest depth measurement of the net from float line to sinker line.
  • Catcher Vessel: Fishing vessel that carries and operates the fishing net.
  • BFAR: Bureau of Fisheries and Aquatic Resources.

Applicability and Vessel Accreditation

  • Only duly registered and licensed Philippine flagged commercial purse seine and ring net vessels fishing on FADs during the specified period are covered.
  • Vessels must seek accreditation from BFAR prior to authorization for FAD fishing.

Net Modifications and Verification

  • Net depths must be reduced by 10 fathoms from the previously established maximum depth of 125 fathoms stretched to further reduce bigeye tuna by-catch.
  • BFAR is responsible for verifying the net depth before vessel accreditation.

Monitoring and Data Gathering

  • Accredited vessels are required to carry on board Monitors throughout the closure period.
  • Monitors will collect data and propose further improvements to the compatible measures.

Penalties and Enforcement

  • Non-compliance with any provision can result in suspension of fishing operations during the FAD closure period.
  • Possible cancellation or revocation of the Commercial Fishing Vessel/Gear License (CFVGL).

Effectivity

  • The order takes effect 15 days after publication in the Official Gazette or two newspapers of general circulation.
  • Must be registered with the National Administrative Register to be enforceable.

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