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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 the 8th WCPFC Regular Session in March 2012, CMM 2011-01 for Temporary  Extension  of  CMM  2008-01  was  adopted  giving  the  Philippines limited access to High Seas Pocket Number 1 (HSP-l) as a Special Management Area (SMA) and incorporated in CMM 2012-01 and subsequent CMMs (2013-01, 2014-01, 2015-01 and 2016-01);

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 to provide a robust transitional management regime that ensures the sustainability of Bigeye, Yellowfin and Skipjack 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,  this  policy  is  designed  as  a  conservation  measure  primarily  to reduce effort in the Philippine waters where juvenile tunas are more likely to be found than in the High Seas Pocket 1;

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 approved by the Bureau to be installed on the fishing vessels that utilizes a satellite navigation and communication system for the purpose of transmitting information concerning the Philippines 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)  BFAR Vessel Monitoring System (VMS) - refers to the National Fisheries Monitoring Center established and operated by the Bureau which is used to track and monitor the position, time and course and speed of commercial fishing  vessels  in  the  territorial  waters,  EEZ  and  the  high  seas  for  the purpose of conservation and management of fisheries resources.

4)   Commercial of Fishing Vessel/Gear License (CFVGL)- authorization granted by BFAR to the fishing vessel operators to fish within commercial waters (>15 km from the shoreline) of the Philippines pursuant to Sec. 26 of RA
8550 as amended by RA 10654.

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)   FAD - Fish Aggregating Devices that shall include drifting logs, other drifting objects and anchored FADs.

7)   Fisheries Monitoring Center (FMC) - serves as a land base component for
fisheries monitoring control and surveillance which operates and maintains the Vessel Monitoring System.

8)   Fishing Vessel - any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one (1) or more vessels in the performance of any activity relating to fishing, including, but not limited to, preservation, supply, storage, transportation and/or processing.

9)   Group Seine - purse seine/ring net boats operating as a group, consisting of a catcher boat and its support vessels, such as ice carrier boats, ranger and light boats.

10) High Seas (HS) - the area beyond Philippine waters which does not belong to the jurisdiction of any other State.

11) High Seas Fishing Day - this refers to the day when a fishing vessel sets its net with an intention to fish.

12) HSP1 - High Seas Pocket 1 as referred to in CMM 2017-01.

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) Purse Seine/Ring Net - a form of encircling net having a line at the bottom passing through rings attached to the net, which can be drawn or pursed. In general, the net is set from the boat or pair of boats around the school of fish. The bottom of the net is pulled closed 'with the purse line. The net is then pulled aboard the fishing boat or boats until the fish are concentrated in the bunt or fish bag.

15) 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.

16) RFMOs - refers to the Regional Fisheries Management Organizations that implements 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,  or  the  CCSBT  (Commission  on  the  Conservation  of  Southern Bluefin Tuna) in which Philippines is cooperating non-member.

17) SMA - Special Management Area as referred in CMM 2017-01.

18) Special Fishing Permit for HSP1 - authorization granted by SPAR to the 36 Traditional group seine fishing vessels to conduct fishing operation in High Seas Pocket 1 as Special Management Area.

19) WCPFC – Western and Central Pacific Fisheries Commission.

20) MARLIN - Electronic Logsheet terminal designed to record and transmit daily logsheet data electronically.

Section 2. Scope and Application

1)   This  Administrative  Order  covers  the  36  Philippine  registered  traditional group seine fishing vessels granted access to the HSP1-SMA, having gross tonnage of not more than 250 GT issued with International Fishing Permits, and listed in the WCPFC record of fishing vessels.

2)   This Administrative Order applies only to HSP1-SMA, 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

Fishing access to operate in HSP1-SMA is granted on the basis of compliance to the following criteria:

1)   The fishing operation involves traditional group seine fishing vessel of no more than 250 gross tons;

2)   The fishing vessel  is Philippine-registered with valid Commercial Fishing Vessel  and  Gear  License  (CFVGL),  licensed  with  International  Fishing Permit and has paid a fee for a Special Permit to operate at HSP1 in the amount of USD 2,000 for 2018 subject to annual renewal and additional incremental fee of US100 annually thereafter until 2021;

3)   The fishing vessel must be SOLAS compliant;

4)   The fishing vessel must be Catch Documentary Scheme compliant;

5)   The purse seine net shall have mesh size not less than 3.5 inches starting at the mid body to the entire wing while ring net shall have mesh size not less than  3.5  inches  at  both  wings,  and  for  purse  seine  or  ring  net  with symmetrical net design, the mesh size of the lower half of the net shall not be less than 3.5 inches;

6)   The fishing vessel has not been convicted in any administrative or criminal offenses for engaging in fishing activities in the Convention Area in violation of any conservation and management measures adopted by the WCPFC;

7)   The fishing vessel shall be registered with WCPFC;

8)   The catcher fishing vessel and its supporting carriers shall be equipped with two-way Vessel Monitoring System while all lightboats shall also be equipped with at least a one-way Automatic Location Communicators;

9)   Each group tuna purse seine/ring net operation shall avail of the services of accredited Regional Observer preferably fishery graduates;

10) Each group tuna purse seine/ringnet operation shall commit to deploy no more than 40 FADs per catcher vessel;

11) 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; and

12) The catcher vessel listed to access the high seas shall not fish for tuna in Philippine waters during the validity of their license in the high seas. However, in the furtherance of national priority the Bureau may allow these vessels to fish in designated areas. The Bureau shall issue a special approval for this purpose.

All  fishing  vessels  that  have  been  qualified  and  granted  special  permits  to operate in HSP1 shall retain their rights under FAO 245, 245-1, 245-2 and 245-3 unless revoked or their licenses and special permits have expired and not renewed.

Section 4. Observer Coverage. All catcher vessels operating HSP1-SMA shall have 100% regional observer coverage in accordance to FAO 240 Series of 2012 on Rules and Regulations in the implementation of Fisheries Observer Program  in  the  High  Seas,  and  WCPFC  Conservation  and  Management Measure (CMM) 2007-01 and CMM 2017-01. Priority will be given to fisheries graduate in the deployment of Observers.

Section 5. Vessel Monitoring System. All catcher vessels and their corresponding carrier vessels 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. Their corresponding Iightboats shall also be equipped with at least one-way Automatic Location Communicators. The FMC shall provide continuous real-time VMS information to the adjacent Coastal States/Territories for monitoring purposes. Access to VMS and other data related to HSP1-SMA 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 6. Reporting

1)   The vessels or the fishing company 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 HSP1-SMA. Likewise, this information shall be transmitted to the adjacent Coastal States/Territories and WCPFC.

2)   The report should be in the following format: “VID/entry or Exit: Date/Time; Lat/Long.”

3)   The vessels operating in HSP1-SMA should report sightings of any fishing
vessel to the BFAR and WCPFC Secretariat. Such information shall include vessel type, date, time, position, markings, heading and speed.

Section 7. Vessel Listing. The Bureau shall maintain an updated list of all fishing vessels operating in the HSP1-SMA based on the foregoing 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 8. Monitoring of Port Landings. All landings of vessels operating in HSP1-SMA shall be done at the General Santos, Zamboanga Fishports and other  Authorized  Ports  operated  by  the  Philippine  Fisheries  Development Authority. Catch Logsheet shall be accomplished and submitted to the Bureau to insure that reliable catch by species are collected for processing and analysis.

Section 9. Catch Limit. The annual total catch per vessel not exceeds an equivalent to 273 high seas fishing days in the HSP1-SMA (4.923 X 2 = 9,846 days. divided by 36).

Section 10. Net Mesh Size. All fishing vessels covered by this Order shall use net mesh size of not less than 3.5 inches starting at the mid body to the entire wing for purse seine, while mesh size of not less than 3.5 inches at both wings for ring net, and for purse seine or ring net with symmetrical net design, the mesh size of the lower half of the net shall not be less than 3.5 inches.

Section 11. Use of Fish Aggregating Device (FAD). Each group tuna purse seine/ring net operation shall deploy not more than 40 FADs per catcher vessel. Location coordinates of FADs should be submitted to the Bureau. In compliance with CMM 2017-01, there shall be (3) months (July, August and September) prohibition of setting on FADs for all purse seine vessels in HSP1-SMA.

Section  12.  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  13.  Penalties.  Any  violations  of  the  provisions  of  this  Fisheries Administrative Order shall be penalized with the following fines and penalties:

1)   Pursuant to Section 116 of R.A. 8550 as amended by R.A. 10654, violation of the Observer Coverage required by Section 4 hereof shall be penalized with an administrative fine of Five hundred thousand pesos (P500,000.00) and forfeiture of the catch and gear;

Upon conviction by a court of law, the offender shall be punished with imprisonment of one (1) month and one (1) day to six (6) months and fine of twice the amount of the administrative fine, confiscation of catch and suspension or cancellation of license.

2)   Intentionally non-reporting of position manually every four hours after having been notified by BFAR FMC that the VMS ALC is not transmitting as required shall be penalized with an administrative fine on Php500,000.00 for the first offense, and Php1,000,000.00 with revocation of Special Permit for HSP1- SMA for the second offense;

3)   Pursuant to Section 89 of R.A. 8550 as amended by R.A. 10654, violation of Section 6 and 8, 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 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 of equivalent to twice the amount of the administrative fine and confiscation of catch and gear.

4)   Vessel exceeding HS fishing days as provided in Section 9 hereof, shall be liable to pay Php1,000,000.00 with revocation of all the Special Permit for HSP1-SMA issued to the owner of the offending vessel;

5)  Pursuant to Section 89 of R.A. 8550 as amended by R.A. 10654, non- compliance with the prescribed mesh size under Section 10 hereof shall be penalized with an administrative fine equivalent to three (3) times the value of the catch or the value indicated below, whichever is higher;

a)   Fifty thousand pesos (P50,000.00) for small-scale commercial fishing;
b) One  hundred  thousand  pesos  (P100,000.00)  for  medium-scale commercial fishing;
c)  Two hundred thousand pesos (P200,000.00) for large-scale commercial fishing.  Upon  conviction  by  a  court  of  law,  the  offended,  shall  be punished by imprisonment of six (6) months to two (2) years and a fine equivalent to twice the administrative fine, and confiscation of catch and gear.

6)   Deployment of FADs in Excess of 40 as provided in Section 11 hereof shall be penalized with administrative fine of Php50,000,00 per excess FAD and confiscation of the excess FAD;

7)   Unauthorized transfer of access right or replacement of vessel as provided under Section 12 hereof shall be penalized with Php1,000,000.00 at first offense, Php2,000,000.00 as well as revocation of Special Permit for HSP-1
SMA at second offense.

Section 14.Separability Clause. if any section or provision of Order or part thereof is declared unconstitutional or invalid, the other sections or provisions thereof which are net affected thereby shall continue to be in full force and effect

Section 15. Repealing Clause. All existing administrative order, rules and regulations are inconsistent with the provisions this Order is hereby repealed or modified.

Section 16. 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 deemed coterminous with CMM 2017-01 until 2021.

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