(NAR) VOL. 25 NO. 1 / JANUARY - MARCH 2014
Section 1. Definition. For the purpose of this Administrative Order, the following terms as used herein shall be construed as follows:
Section 2. Master Listing, Updating and Validation of Municipal Crab Fishers. The local government units shall maintain and regularly update a separate list of municipal crab fishers based on the Registry of Fisherfolk in their respective areas with the assistance of BFAR to facilitate proper monitoring, management and conservation of blue swimming crab resources. The Master list shall include the following information: number of units per gear and description of the gears; length and mesh size(s) of nets.
Section 3. Regulations. The following are the rules and regulations for the proper utilization and conservation of Blue Swimming Crab:
3.1 | Minimum Size of Blue Swimming Crab. The minimum carapace width of blue swimming crab allowed for catching, collecting and trading shall be 10.2 cm, as shown in Diagram 1 which forms an integral part of this Order. Provided, that coastal municipalities may adopt a minimum size limit higher than 10.2 cm for catching BSC. | ||
3.2 | Crab Fishing Gear Limitation | ||
a. | Mesh Size/Diameter hole. The minimum mesh size for the following gears shall be implemented: | ||
a.1 | Crab Entangling Nets (single layer only) and Crab Liftnets shall have a minimum mesh size of 11 cm and 3 cm stretch mesh, respectively. | ||
a.2 | Crab Pots/Traps shall have a 5 cm minimum hole diameter. | ||
3.3 | Closed Season/Area. To prevent overexploitation/overfishing, a closed season shall be imposed by the LGUs, in consultation with the FARMC based on scientific data gathered. The NFRDI and BFAR Regional Field Offices through its NSAP, other research institutions/agencies and academe shall provide such data. | ||
3.4 | Other Subjects for Regulations. If public interest so requires, based on sound scientific evidence and/or the precautionary approach in fisheries management based on the recommendation of the LGUs and BFAR, in consultation with FARMC and other stakeholders, the Secretaries of DA and DILG may issue regulations on any or all of the following: 1) the number of registered crab fishers to be allowed to operate for the catching of blue swimming crab in any areas in Philippine waters; 2) limit the number of crab pots/traps allowed per boat/banca: 3) limit the length/depth and number of nets a fisher could own and operate; and 4) specific closed fishing season for BSC by municipality. |
Section 4. Establishment of Holding Cages for Berried Crabs. In the implementation of the Philippine National Aquasilviculture Program (PNAP) Community-Based Hatchery (CBH) projects, LGUs shall be encouraged to formulate a municipal ordinance requiring crab fishers to establish prescribed holding cages for live berried crabs caught within municipal waters/their jurisdiction. Further, trainings on the handling and transport of berried live BSC shall be conducted by BFAR. The Bureau has the option of conducting the training by itself or in partnership with other government agencies and/or non-government organizations.
Section 5. Monthly Records. For the purpose of the preceding Section, all blue swimming crabs processors, including all persons, associations or corporations engaged in buying, selling and processing blue swimming crabs, shall keep Log Sheet showing the daily transactions consisting of the following information necessary to support data collection and policy formulation, namely: 1) the name /s and address/es of fishers, buyers or sellers; 2) date of purchase; 3) size of BSC; 4) quantity (in kilograms); 5) fishing gear used; and, 6) the place of origin (fishing ground) and market destination.
Section 6. Special Permit. A special permit may be granted by the DA Secretary, upon recommendation by the BFAR through its Director and concerned LGU, to any private association, academic institution, government agency and other individuals the gathering or collection of berried and juvenile blue swimming crab of any size for scientific, educational or for propagation purposes. Such permit shall remain in force for a period of one (1) year from the date of issuance and maybe renewed depending on the period of study or purpose of the proponent. Such permit is not transferable and maybe further subjected to such other restrictions as maybe imposed. All holders of special permits under this provision must at all times carry with them for presentation and be made available upon demand by any Fishery Law Enforcement and Quarantine Officers and Aquatic Wildlife Enforcement Officers.
Section 7. Auxiliary Invoice and Local Transport Permit (LTP). For the intention of collecting, monitoring and traceability of BSC’s production and movement, crab buyers, traders and processors should secure an auxiliary invoice and LTP before shipping/transporting from the buying stations and meat picking plants to processing plant.
Section 8. Research and Development (R and D). Continuous R and D shall be conducted by the Bureau, NFRDI, academic institutions and other credible research institutions for the monitoring of BSC stocks, improvement of fishing accessories’ designs and materials to address issues on ecosystem impacts and safety at sea, development of aquaculture facilities and practices, crab stock enhancement as well as the socio-economic impact to support the implementation and or further refinement of this Administrative Order.
Section 9. Prohibitions. It shall be unlawful to possess or trade juvenile BSC less than the prescribed minimum size of 10.2 cm carapace width as stated in Section 3.1. Provided, however, that the DA Secretary upon the recommendation of the BFAR Director and LGU concerned, in consultation with the FARMC may impose larger minimum size for catching BSC as may be deemed necessary.
Fishing during closed season and the use of fishing gears that are less than the prescribed minimum stretch mesh size and hole diameter, as described in Section 3.2 and 3.3 above, is also prohibited.
It shall likewise be unlawful for any person, association, cooperative, partnership, or corporation to possess or trade berried blue swimming crabs.
Lastly, it shall be unlawful to transport BSC without a valid auxiliary invoice and LTP.
Section 10. Penal Clause. The following are the judicial fines and penalties for violations of the provisions of this Joint Administrative Order in accordance with the provisions of RA 8550 (Fisheries Code of 1998) and RA 9147 (Wildlife Conservation and Protection Act):
Provided that, the fine shall be increased by at least ten (10) percent every three (3) years to compensate for inflation and to maintain the deterrent function of such fines, which increase shall take automatically without the issuance of regulations, Provided, further that, if the offender is an alien, he shall be deported after service of sentence and payment of fines, without any further proceedings; Provided finally, that the following administrative penalties shall also be imposed by the Director:
- Forfeiture, ipso facto, without the benefit of a court order, of all wildlife, its derivatives or by-products and all paraphernalia, tools and conveyances used in connection with the above-mentioned violations. However, in case of conveyances belonging to third persons who have no participation or knowledge of the illegal acts committed as determined by the court, the same shall not be forfeited and shall be released to said third persons only upon order of the court;
- Automatic suspension of permits pending trial;
- Cancellation of permits upon conviction; and,
- Permanent disqualification from engaging in any activity involving the use of wildlife for commercial, research or other purposes.
Section 11. Repealing Clause. All Administrative Orders, rules and regulations or parts thereof, which are inconsistent with the provisions of this Order, are hereby repealed.
Section 12, Effectivity. This Joint Administrative Order shall take effect fifteen (15) days after its publication in the Official Gazette and/or two newspapers of general circulation and upon registration with the Office of the National Administrative Register.
Issued this 26th day of January, 2014 at Quezon City.
(SGD) PROCESO J. ALCALA
Secretary, DA (SGD) MANUEL A. ROXAS II
Secretary, DILG
Recommending Approval:
(SGD) ATTY. ASIS G. PEREZ
Director, BFAR
(SGD) SALVADOR S. SALACUP
Chairman, NFARMC and
Assistant Secretary for Fisheries,
Livestock and Marketing