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WHEREAS, the Philippines signed the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean and its Annexes on September 5, 2000, which was subsequently ratified by the Senate on 2005;

WHEREAS, the Philippines is a member of the regional fisheries management organization, the Western and Central Pacific Fisheries Commission (WCPFC);

WHEREAS, in December 2017, the Commission adopted a new Conservation and Management Measure (CMM 2017-01) for Bigeye, Yellowfin and Skipjack Tuna in the Western and Central Pacific Ocean which aims to provide for a robust transitional management regime that ensures the sustainability of bigeye, skipjack and yellowfin tuna stocks;

WHEREAS, CMM 2017-01 will create a bridge to the adoption of a harvest strategy for bigeye, skipjack, and yellowfin tuna in accordance with the work plan and indicative frames set out in the agreed work plan for adoption of harvest strategies under CMM 2014-06, which includes the development of management objectives and target reference points, and the Commission shall work towards achieving and sustaining the following;

1)   Bigeye

Pending agreement on a target reference point the spawning biomass depletion ratio (SB/SBF=0) is to be maintained at or above the average (SB/SBF=0) for 2012-
2015.

2)   Skipjack

The spawning biomass of skipjack tuna is to be maintained on average at a level consistent with the interim target reference point of 50% of the spawning biomass in the absence of fishing, adopted in accordance with CMM 2015-06.

3)   Yellowfin

Pending agreement on a target reference point the spawning biomass depletion ratio (SB/SBF=0) is to be maintained at or above the average (SB/SBF=0) for 2012-
2015.

WHEREAS, Section 51 of CMM 2017-01 states that “CCM shall take necessary measures to ensure that the total catch of their respective other commercial tuna fisheries  for  bigeye,  yellowfin  or  skipjack  tuna,  but  excluding those fisheries taking less than 2,000 tonnes of bigeye, yellowfin and skipjack shall not exceed either the average level for the period 2001-2004 or the level of 2004”;

WHEREAS,  this  policy  is  designed  as  a  conservation  measure  primarily  to reduce effort in Philippine waters which is a spawning ground;

WHEREAS, Pursuant to Republic Act (RA) 9379, “An Act Defining Handline Fishing, Providing Effective Regulations Therefore and For Other Purposes”, otherwise known as “The Handline Fishing Law of 2007”;

WHEREAS, Section 2 of RA 9379 stresses the need to support the development of the handline fishing industry, promote its competitiveness, sustainability and social development;
 
WHEREFORE, in view of these premises, the Department of Agriculture, through the Bureau of Fisheries and Aquatic Resources (BFAR) hereby promulgates the following regulations and implementing guidelines.

Section 1. Definition of Terms. For purposes of this Order, the following terms as used herein shall mean and shall be construed as follows:

1)   Automatic  Location  Communicator  (ALC)  or  Mobile  Tracking-Transceiver Unit - a two-way automatic tracking device WCPFC-approved device to be installed on fishing vessels that utilizes a satellite navigation and communication system for the purpose of transmitting information concerning the Philippine-flagged fishing vessels’ positions, fishing activities, and any other activity of the vessels as may be required.
2)   Bureau/BFAR - Bureau of Fisheries and Aquatic Resources.
3)  Vessel Monitoring System (VMS) - Refers to a system used to track and monitor the position, time, course and speed of commercial fishing vessels in the territorial waters, EEZ and the high seas for purposes of conservation and management of fisheries resources.
4)   Commercial Fishing Vessel/Gear License (CFVGL) - authorization granted by BFAR to fishing vessel operators to fish within commercial waters (>15 km from the shoreline) of the Philippines pursuant to Sec. 26 of R.A. 8550.
5)   Exclusive  Economic  Zone  (EEZ)  -  an  area  beyond  and  adjacent  to  the territorial sea of a country as defined under the United Nations Convention on the Law of the Sea and their respective existing laws.
6)   Fish Aggregating Devices (FAD) - devices that shall include drifting logs other drifting objects and anchored FADs.
7)   Fisheries Monitoring Center (FMC) - serves as a land-based component for BFAR fisheries monitoring control and surveillance which operates and maintains the Vessel Monitoring System
8)   Handline fishing - refers to a traditional fishing method that uses the hook and line, a passive fishing gear with a single vertical line carrying one hook, and used by simply dropping the line into the water and waiting for the fish to bite.
9)   Handline Fishing Boat - refers to a fishing boat with or without outrigger, with or without auxiliary small boats on board that exclusively utilizes the handline fishing method with or without the aid of a carrier operating as a group.
10) Pakura or Sirisan - is an auxiliary small boat, less than three (3) gross tons locally known as “pakura” or “sirisan” made of wood, fiberglass or any other material, with or without outrigger, propelled by a suitable engine and carried onboard a handline fishing boat for use in handline fishing operations beyond municipal waters.
11) High Seas (HS) - the area beyond Philippine waters which does not belong to the jurisdiction of any other State.
12) HSPI - High Seas Pocket 1 as referred to in CMM 2017-01 (see Attachment
2)
13) International  Fishing  Permit  (IFP)  -  authorization  granted  by  BFAR  to licensed Philippine-flagged vessels to fish in waters of other coastal states and high seas where the Philippines has access agreements.
14) Regional   Fisheries   Observer   -   Personnel   duly   authorized   by   the Commission’s Regional Observer Program to collect and record fisheries scientific data on fishing activities and monitor/report vessel compliance on the various CMMs by the Commission, other RFMOs and by the Bureau’s compatible measures.
15) Regional  Fisheries  Management  Organizations  (RFMOs)  -  Organizations that implement conservation and management measures on tuna such as IOTC (Indian Ocean Tuna Commission), ICCAT (International Commission for the Conservation of Atlantic Tuna), and WCPFC in which the Philippines is a member and the CCSBT (Commission on the Conservation of Southern Bluefin Tuna) in which Philippines is cooperating non-member.
16) WCPFC - Western and Central Pacific Fisheries Commission.

Section 2. Scope and Application

1)   This Administrative Order covers Philippine-registered handline fishing boats issued with International Fishing Permits and Special Permit to operate in the high  seas  of  WCPFC  Convention  Area  and  registered  in  the  WCPFC Records of Fishing Vessels.

2)   This  Administrative  Order  applies  only  to  high  seas  in  the  WCPFC Convention Area (See CMM 2017-01 Attachment 2), which is the area of the high seas bounded by the EEZs of the Federated States of Micronesia to the north and east, Republic of Palau to the west, Indonesia and Papua New Guinea to the south with exact coordinates as used by WCPFC Vessel Monitoring System.

Section 3. Allocation of Fishing Access

1)   Criteria in Qualifying for Fishing Access. Any person, corporation or entity who signifies to engage in handline fishing operation in the high seas of WCPFC  Convention  Area  shall  be  pre-qualified  based  on  the  following criteria:

a) The  handline  fishing  boats  are  Philippine-registered  with  valid Commercial Fishing Vessel and Gear License (CFVGL), International Fishing Permit and Special Permit to operate in the high seas of WCPFC Convention Area, subject to annual renewal and payment of an annual fee at the rate of USD 300 for handline fishing boats of 40 gross tonnage and below, and USD 600 for over 40 gross tonnage;
b)   The  handline  fishing  boats  must  be  compliant  with  Philippine  Coast
Guard and Maritime Industry Authority (MARINA) rules and regulations;
c)   The  handline  fishing  boats  must  be  Catch  Documentary  Scheme compliant;
d)   The handline fishing boats must not have involved in any administrative or criminal offense for engaging in fishing activities in the Convention Area  in  violation  of  any  conservation  and  management  measures adopted by the WCPFC;
e)   The handline fishing boats shall be registered with WCPFC;
f)    The  handline  fishing  boats  shall  be  equipped  with  two-way  Vessel
Monitoring System;
g)   Each handline fishing boat shall commit to deploy no more than 2 FADs;
h)  The boat owner and three highest ranking officers of the boat must have attended  the  orientation  to  be  conducted  by  the  Bureau  prior  to operation;

2)   Procedure in the Allocation of Fishing Access.

a)  Letter  of  Intent.  All  interested  persons,  corporations  or  entities  shall submit a formal letter of Intent (LOI) addressed to the Director of the Bureau indicating the handline fishing boat details such as registered name, gross tonnage, and gear.
b)   Evaluation. Those who have submitted LOI will be evaluated on the basis of their compliance to the criteria and their history of fishing operations.

Section 4. Vessel Monitoring System. All handline fishing boats and corresponding carrier boats shall be equipped with and shall operate a two-way Automatic Location Communicator in accordance to FAO 241 Series of 2012 on Regulations in the Implementation of the Vessel Monitoring System (VMS) in the High Seas, CMM 2011-02 and CMM 2017-01. The FMC shall provide continuous real-time   VMS   information   to   the   adjacent   Coastal  States/Territories  for monitoring purposes. Access to VMS and other data shall be in accordance with WCPFC Rules and Procedures for the Protection, Access to and Dissemination of High Seas Non-Public Domain Data and Information Compiled by WCPFC for the Purpose of Monitoring, Control and Surveillance (MCS) Activities and Access to and Dissemination of High Seas VMS for Scientific Purposes.

Section 5. Reporting.

1)   Handline fishing boats, carrier vessels and fishing companies shall notify BFAR through electronic or any other means at least 24 hours prior to entry and no more than 6 hours prior to exiting the fishing ground. Likewise, this information shall be transmitted to the adjacent Coastal States/Territories and WCPFC.
2)  Report should be in the following format: “VID/entry or Exit Date/Time; Lat/Long.”
3)   Handline fishing boats operating in high seas should report sightings of any fishing vessel to BFAR and WCPFC Secretariat. Such information shall include vessel type, date, time, position, markings, heading and speed.

Section 6. Vessel Listing. The Bureau shall maintain an updated list of all handline fishing boats operating in the high seas based on vessel’s entry and exit reports submitted to WCPFC. The list will be submitted to WCPFC and will be made available to WCPFC members and other concerned stakeholders through dedicated website, www.bfar.da.gov.ph.

Section 7. Monitoring of Port Landings. All landings of handline fishing boats operating in the high seas of WCPFC Convention Area shall be made at authorized ports operated by the Philippine Fisheries Development Authority and/or other ports as approved by BFAR. Catch logsheet to include catch and effort data shall be accomplished and submitted by each handline vessel to the Bureau every month to ensure timely processing and analysis.

Section 8. Effort Limit. In accordance with applicable WCFPC CMM.

Section 9. Use of Fish Aggregating Device (FAD). Each handline fishing boat shall  deploy  not  more  than  2  FADs.  Its  design,  deployment,  replacement, reporting of FADs coordinates shall be in accordance with existing policies.
 
Section 10. Research. BFAR observers shall be accommodated by handline fishing boats for purposes of scientific studies in aid of fishery management

Section  11.  Nature  of  Access  Right.  Any  transfer  of  access  right  or replacement of vessel covered by this Order shall be subjected to the prior approval of the Bureau and shall be based on the same conditions and criteria as provided herein, otherwise the transfer shall be considered void.

Section  12.  Penalties.  Any  violations  of  the  provisions  of  this  Fisheries Administrative Order shall he penalized as follows:

1)   Pursuant to Section 119 of R.A. 8550 as amended by RA. 10654, intentional non-reporting of position manually every six (6) hours after having been notified by BFAR FMC that the VMS ALC is not transmitting as required, the administrative fine shall be equivalent to five times the value of the catch or twice the amount indicated below, whichever is higher:

a) Two hundred fifty thousand pesos (P250,000.00) for small-scale commercial fishing;
b) Five  hundred  thousand  pesos  (P500,000.00)  for  medium-scale commercial fishing; and
c)   Two million five hundred thousand pesos (P2,500,000.00) for large-scale commercial fishing.

2)   Pursuant to Section 89 of R.A. 8550 as amended by R.A. 10654, violation of Section 5 and 7, cases of unreported fishing committed in waters beyond national jurisdiction or high seas, the owner, operator, and the three (3) highest officers of the commercial fishing vessel shall be penalized with an administrative fine equivalent to five (5) times the value of the catch or the amount indicated below, whichever is higher:

a)   Two million pesos (P2,000,000.00) to Nine million pesos (P9,000,000.00)
for small-scale commercial fishing;
b)   Ten    million    pesos    (P10,000,000.00)    to    Fifteen    million    pesos
(P15,000,000.00) for medium-scale commercial fishing; and
c) Sixteen million pesos (P16,000,000.00) to Twenty million pesos (P20,000,000.00) for large-scale commercial fishing vessels less than seven hundred fifty (750) gross tons, and Twenty-five million pesos (P25,000,000.00) to Forty-five million pesos (P45,000,000.00) for large- scale commercial fishing vessels seven hundred fifty (750) gross tons or more.

Upon conviction by a court of law, the three (3) highest officers of the commercial fishing vessel shall suffer the penalty of imprisonment of six (6) months and a fine equivalent to twice the amount of the administrative fine, and confiscation of catch and gear.

3)   Deployment of FADs in excess of 2 as provided in Section 9 hereof shall be penalized with administrative fine of Php 50,000.00 per excess FAD and confiscation of the excess FAD;

4)   Unauthorized transfer of access right or replacement of handline fishing boat as provided under Section 11 hereof shall be penalized with Php100,000.00 at first offense, and Php200,000.00 as well as revocation of Special Permit to operate in the high seas of WCPFC Convention Area for the second offense;

5)   Fishing outside High Seas of WCPO Convention Area shall be penalized with Php 100,000.00 for the first offense and Php 200,000.00 as well as revocation of Special Permit to operate in the high seas of WCPFC Convention Area at second offense except in Philippine waters when authorized by BFAR;

6)   Unloading in unauthorized ports and landings shall be penalized with Php 00,000.00 at first offense, Php 200,000.00 as well as revocation of Special Permit to operate in the high seas of WCPFC Convention Area at second offense.

Section 13. Separability Clause. If this Order or any part hereof is declared unconstitutional or invalid, the remaining sections or provisions thereof which are not affected thereby shall continue to be in full force and effect.

Section 14. Repealing Clause. All existing administrative order, rules and regulations  which  are  inconsistent  with  the  provisions  this  Order  is  hereby repealed or modified.

Section 15. Effectivity. This Order shall take effect fifteen (15) days after publication in any newspaper of general circulation and upon registration with the Office of the National Administrative Register and shall be coterminous with CMM 2017-01.

Issued this 25th day of July 2018 at Quezon City, Metro Manila, Philippines.