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(NAR) VOL. 14 NOS. 3-4 / JULY-DECEMBER 2003
[ BFAR FISHERIES ADMINISTRATIVE ORDER NO. 222, S. 2003, October 30, 2003 ]
REGULATIONS ON THE OPERATION OF DANISH SEINE (HULBOT-HULBOT)
SECTION 1. Definition of Terms - The terms used in this Order shall be construed as follows:
a. Danish Seine - is an active fishing gear which consists of a conical net with a pair of wings, the ends of which are connected to a rope embedded with buri, plastic strips, sinkers or any similar materials to serve as searing/herding device and hauled through a mechanical winch or by manpower.
b. Modified Danish Seine - is an active fishing gear locally termed as holbot-holbot, palisot, zipper, bira-bird, hulahoop, liba-liba, buli-buli and other coined names consists of a conical net with a pair of wings, the ends of which are connected to a rope embedded with buri, plastic strips, sinkers or any similar materials to serve as scaring/herding device as hauling ropes passing through a ring permanently attached to a tom weight (lingote) and hauled through a mechanical winch or by manpower.
c. Municipal Fishing - refers to fishing within municipal waters using fishing vessels of three (3) gross tons or less, or fishing not requiring the use of fishing vessels.
d. Commercial Fishing - the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing, to be further classified as:
1. Small-scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 GT to twenty (20) GT.
2. Medium-scale commercial fishing - fishing utilizing active gears and vessels of 20.1 GT up to one hundred fifty (150) GT; and
3. Large-scale commercial fishing - fishing utilizing active gears and vessels of more than one hundred fifty (150) GT.
e. Municipal Waters - include not only streams, lakes, inland bodies of water and tidal waters the municipality which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves but also marine waters included between two (2) lines drawn perpendicular to the general coastline from point where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from opposite shore of the respective municipalities.
f. Tom weight (lingote) - is a type of weight made of lead, iron, stone or concrete materials of various shapes and provided with rings weighing about 1 kilogram and above which is lowered to the sea bottom or hung above the sea bottom by means of a rope where the pull ropes pass the rings during hauling operations.
g. Bureau - refers to the Bureau of Fisheries and Aquatic Resources.
h. Director - refers to the Director of the Bureau of Fisheries and Aquatic Resources
i. Person - refers either to a natural or juridical person.
SECTION 2. Prohibition - It shall be unlawful for any person to operate municipal and commercial fishing boats using Danish Seine and Modified Danish Seine in catching fish within municipal waters, bays and management areas. The operation of modified Danish Seine may, however, be allowed in waters beyond fifteen (15) kilometers from the shoreline of any municipality provided that it shall not use tom weights and any method/accessories that destroys coral reefs, seagrass beds and other fishery marine habitats and that the minimum mesh size of the net shall be less than three (3) centimeters.
SECTION 3. Penalty - The operators, boat captain, master fisherman and recruiter/organizer violating this Order shall suffer a penalty of imprisonment from two (2) to ten (10) years and a fine of not less than one hundred thousand pesos (P100,000.00) to five hundred thousand pesos (P500,000.00) or both fine and imprisonment at the discretion of the court. The catch and gear shall be confiscated.
SECTION 4. Repeal - All orders, rules and regulations or parts thereof which are inconsistent with this Order are hereby repealed or modified accordingly.
SECTION 5. 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 and fifteen (15) days after its registration with the Office of National Administrative Registrar.
Adopted: 30 Oct. 2003
(SGD.) LUIS P. LORENZO, JR. Secretary | |
Recommended by: | |
(SGD.) MALCOLM I. SARMIENTO, JR. Director Bureau of Fisheries and Aquatic Resources | (SGD.) CESAR M. DRILON, JR. Undersecretary for Fisheries and Livestock, Chairman, NFARMC |