Scope and Coverage
- The orders Aspidochirotida and Dendrochirotida of sea cucumber species in Philippine waters are covered by this regulation.
Definitions
- Sea cucumber species: Echinoderms of Class Holothuroidea, soft elongated bodies with oral tentacles, locally known by various dialect names.
- Order Aspidochirotida: Commercially important sea cucumbers inhabiting intertidal zones, mangroves, seagrass meadows, coral reefs, soft bottoms.
- Order Dendrochirotida: Commercially important species in deeper waters.
- Processed meat: Sea cucumber meat prepared fresh, frozen, gutted, boiled, salted, smoked, dried etc., known as beche-de-mer or trepang.
- Dried form: Final processed product with moisture content reduced by drying methods suitable to achieve required dryness.
- Families Holothuriidae and Stichopodidae: Include valuable shallow-water species genera like Actinopyga, Bohadschia, Holothuria, Pearsonothuria, Stichopus, Thelenota.
Permit Requirements
- Only registered fisherfolk with issued Aquatic Wildlife Collectors Permit (AWCP) from the BFAR Provincial Fishery Office may gather or collect sea cucumbers for commercial purposes.
- Transport of sea cucumbers requires a Local Transport Permit (LTP) from the Provincial Fishery Office or Fisheries Quarantine Officer.
Prohibited Acts
- Gathering, collecting, catching, or causing to catch sea cucumbers for commercial trade without AWCP.
- Transporting sea cucumbers without LTP.
- Possession, transport, sale, trade, or export of sea cucumber species in any form other than dried.
- Sale or trade of sea cucumbers less than 2 inches (5 centimeters) in dried form.
Exceptions
- The Secretary of Agriculture may grant special permits, upon BFAR Director recommendation, to legitimate research or academic institutions for scientific or educational collection and transport, subject to conditions deemed appropriate.
Penalties
- Trading/selling/buying undersized sea cucumbers: 10 days to 1 month imprisonment and/or fines from ₱200 to ₱20,000.
- Transporting undersized sea cucumbers or transporting without LTP: 5 to 10 days imprisonment and fines from ₱200 to ₱1,000.
- Collecting without AWCP: 10 days to 1 month imprisonment and fines from ₱1,000 to ₱5,000.
- Exporting undersized sea cucumbers: 8 years imprisonment and fine of ₱80,000.
- Confiscation, forfeiture of sea cucumbers, by-products, and all paraphernalia used in violations.
- Fines adjusted upward by at least 10% every three years to account for inflation and deterrence, pursuant to RA 9147.
Disposition of Confiscated Sea Cucumbers
- Confiscated sea cucumbers shall, where suitable, be returned to their natural habitat, buried, donated to museums or educational institutions, or otherwise disposed of as determined by BFAR.
Repealing Clause
- Prior inconsistent orders, rules, or regulations are repealed.
Effectivity
- The Order takes effect fifteen (15) days after publication in a newspaper of general circulation and ONAR acknowledgment.