(NAR) VOL. 25 NO. 4 / OCTOBER - DECEMBER 2014
Date Filed: 12 November 2014
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 2013, the Commission adopted Conservation and Management Measures for Bigeye, Yellowfin and Skipjack Tuna in the Western and Central Pacific Ocean (CMM 2013-01) which aims to maintain:
General | |
1. | Compatible measure for the high seas and exclusive economic zones (EEZs) are implemented so that bigeye, yellowfin and skipjack tuna stocks are, at a minimum maintained at levels capable of producing their maximum sustainable yield as qualified by relevant environmental and economic factors including the special requirements of developing States in the Convention Area as expressed by article 5 of the Convention. The Commission will amend, or replace the objectives with target reference points after their adoption. |
Skipjack | |
2. | The Fishing Mortality Rate (F) for skipjack will be maintained at a level no greater than Fmsy, i.e. F/Fmsy < 1. |
Bigeye | |
3. | The fishing mortality rate for bigeye tuna will be reduced to a level no greater than Fmsy, i.e. F/Fmsy < 1. This objective shall be achieved through step by step approach through 2017 in accordance with this Measure. |
Yelllowfin | |
4. | The fishing mortality rate is not greater than Fmsy, i.e. F/Fmsy < 1. |
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:
Section 2. Scope and Application
A. | 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, registered in the WCPFC Records of Fishing Vessels. |
B. | This Administrative Order applies only to high seas in the WCPFC Convention Area (See Annex A.), 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
A. | 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 prequalified based on the following criteria: |
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B. | Procedure in the Allocation of Fishing Access. |
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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 2013-01. 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’s 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 or Surveillance (MCS) Activities and Access to and Dissemination of High Seas VMS for Scientific Purposes.
Section 5. Reporting.
A. | 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. |
B. | Report should be in the following format: "VID/entry or Exit: Date/Time; Lat/Long." |
C. | 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.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 WCPFC 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 be penalized as follows:
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 remain in effect until 31 December 2017 .
(SGD) PROCESO J. ALCALA
Secretary
Department of Agriculture Recommending Approval: (SGD) ATTY. ASIS G. PEREZ
Director, Bureau of Fisheries &
Aquatic Resources (SGD) ATTY. EMERSON U. PALAD
Undersecretary
Department of Agriculture
NFARMC Chairperson