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(NAR) VOL. 11 NO.3 / JULY – SEP. 2000

[ BFAR ADMINISTRATIVE ORDER NO. 201, S. 2000, August 14, 2000 ]

BAN OF FISHING WITH ACTIVE GEAR



Pursuant to Section 90 of R.A. 8550, this order banning fishing by means of active gear in municipal waters, bays and fishery management areas is hereby issued for the information, guidance and compliance of all concerned.

SECTION 1. Scope. — This Order shall cover the use of active gear of fishing boats whether municipal (3 gross tons or less) or commercial (more than 3 gross tons), but not of the fisherman such as cast net , spear, crab/shrimp lift net, hook and line, pole and line, multiple handline, troll line, jig, man pushnet, cover pot, scoop net/seine, bottom and drift gillnet, drift filter net, kitang longline and beach seine.

SECTION 2. Definition. — The terms as used in this order shall be construed as follows:

a. Active fishing gear — refers to fishing devices characterized by gear movements and/or pursuit of the fish by towing, lifting and pushing the gear, surrounding, covering, dredging, pumping and scaring it to impoundments such as:

1. Trawl (all kinds)

— Galagad, Norway

2. Purse seine

— Pangulong

3. Danish seine

— Hulbot-hulbot, pahulbot-hulbot, likisan, Liba-liba, palisot, patangko, bira-bira, Buli-buli, hulahoop, zipper, lampornas, etc.

4. Ring net

— Kubkob, pangulong, kalansisi

5. Drive-in net

— Pa-aling/kayakas

6. Round haul seine

— Sapyaw/lawag

7. Motorized push net

— Sudsod

8. Bagnet

— Basnig, saklit

Provided, that other active gear which may be found to be destructive to fisheries and aquatic resources may later on be added to this list in subsequent Administrative Order to be promulgated.

b. Fishery management area — A bay, gulf, lake, or any other fishery areas which may be delineated for fishery resource management purposes.

SECTION 3. Prohibition. — It shall be unlawful to operate municipal and commercial fishing boats utilizing active gear as enumerated in Section 2 hereof in catching fish in municipal waters, bays and fishery management areas.

SECTION 4. Penalty. — Violation of this Order shall subject the boat captain and master fisherman to the penalty of two (2) to six (6) years imprisonment and the owner/operator to a fine of two thousand (P2,000.00) pesos to twenty thousand (P20,000.00) pesos in the discretion of the court: Provided, That in case the owner/operator is a corporation, the penalty shall be imposed on the chief executive officer; if a partnership, the penalty shall be imposed on the managing partner, without prejudice to the confiscation of the catch.

SECTION 5. Repeal. — All orders, rules and regulations or parts thereof which are inconsistent with this order are hereby deemed repealed or modified accordingly.

SECTION 6. Effectivity. — This Order shall take effect fifteen (15) days after its publication in the Official Gazette and/or in two (2) newspapers of general circulation.

Adopted: 14 Aug. 2000

(SGD.) EDGARDO J. ANGARA
Secretary

Recommended by

(SGD.) MALCOLM I. SARMIENTO, JR.
Director
Bureau of Fisheries & Aquatic Resources

(SGD.) CESAR M. DRILON, JR.
Undersecretary for Fisheries and Legislative Relations

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