Administrative Order No. 254-1, s. 2018 regulating and implementing Guidelines on Group Handline Fishing Operations in the High Seas of the WCPFC Convention Area

·----- ~- Re pub l i c of t he Phil i pp i nes De partment of Agriculture Bureau of Fisheries and Aquatic Resources PCA Compound, Elliptical Road, Diliman, Que zon City Te l. Nos. 929-95- 97 • 929 - 80 - 74 FISHERIES ADMINISTRATIVE .... . • ORDER NO. 254-1 Series of 2018 SUBJECT: REGULATION AND IMPLEMENTING GUIDELINES ON GROUP HANDLJNE FISHING OPERATIONS IN THE HIGH SEAS OF THE WCPFC CONVENTION AREA. 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=o) is to be maintained at or above the average (SB/SBF=o) 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=o) is to be maintained at or above the average (SB/SBF=O) for 2012 2015. Page I 1 • } 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 desfgned as a conservation measure primarily to reduce effort in Philippine waters which is a spawning ground; WHEREAS, Pursuant to Republic Act (RA) 9 379, "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. Page I 2 • • ' > .-· - ~ .... 7) Fisheries Monitoring Center (FMC) - serves as a land-based component for BF AR 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 fishj,ng 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 Blue fin 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 ofWCPFC Convention Area and registered in the WCPFC Records of Fishing Vessels. Page I 3 • " P - -r 2) This Administrative Order applies only to high seas in the WC PFC 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 Fis~~ng 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 USO 3 00 for handline fishing boats of 40 gross tonnage and below, and USO 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 WC PFC; t) 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. Page I 4 • . 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 .t(},.VMS and other data shall be in accordance with WCPFC Rules and Procedures fo r 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 WC PFC 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. Page I 5 • 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: 1) Pursuant to Section 119 of R.A. 8550 as amended by R.A.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 RA 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 (Pl0,000,000.00) 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. Page I 6 • ' . 3) Deployment of F ADs 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 Php 100,000.00 at first offense, and Php 200~000.00 as well as revocation of Special Permit to operate in the high seas of WC PFC 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 WC PFC 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 100,000.00 at first offense, Php 200,000.00 as well as revocation of Special Permit to operate in the high seas of WC PFC 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 ge circulation and upon registration with the Office of the National Administrativ egistry and shall be coterminous with CMM 2017-01. ay ofJ!ll\1 , 2018 at Quezon City, Metro Manila. Philippines. Secretar1/ Recommending Approval: DEPARTMENT OF AORICULTURL 1111 IUI rn 111111111111111 1111 11111u 11rni11111111 II WII in replying pis cite th is code For Signature: S-07-18-0193 Received · 07/11/2018 03 ·40 PM Page I 7 • 0 C THE PH ILI PPINE ST AR , MONDAY r JUl Y 30, 20.1(~' .... ------·-------·,-----------.. Repul>lic of th~ Phi Hppincs De.pa.rtment of Agricultu.t~ , Bureau of Fisheries and Aquatic Resources t>CA Compound, Elliptic~l Road , Diliman, QU<!>Zon City 'l'<1L Nos. 929-95-97 • 929-80-74 PlSHERlF.S ADMlNISTRA TlVE ORDERNO.lfiH SeriesofZOlS SUBfECT: REGULA T!ON AND lMPLl!MfilffING GUIDELINES ON GROUP HIINOLJNE FISHJNG OPERATIONS JN TifE HIGH ScAS 01! 'fflliWCPFC CONVENTION AR.EA. WHEREAS, the Philippines signw the Con-rention on the Cot1S<!tvation and Management oflligbly Migr.itory Fi.sh Stocks in the Western and Central Pacific Ocean and its Annexes on September 5, 2000, which was subsMt1ently ratified by the Senate on 2005; WHEREAS, the Philippines is a member of the regional fisheri!!S management organization, the Western and Central Pacific: Fisheries Commission (WCPFC); WHEREAS, in December 2017, the Commission adopted a n!lw Conservation and Management Measure (CMM 2017-01) for Bigeye, Yetlowfin and Skipjack Tuna in the Western and Central Pacific Ocean which aims to provide for a robust transitional management regime that ensure.~ the sustainability of bigeye. skipj,.ck and yellowfin tuna stocks; . . . ' . WHEREAS, CMM 2017-01 wm create a bridge to t1ie adoption of a harvest strategy for bigeye, skipjack, and yeUowfin t1lna in accordance with the work plan and indkativc frames set out in the agreed work plan for adoption of harvest strategies under CMM 2014-06, wht~h tncl~d?5 the development(lf management objectives and target reforence poiuL~,and the Com.nuss1on shall work towards achieving and sustaining the following; Pending agt\¾lll!ent on a target reforence point thsl spawning biomass <lBpletion ratio (SB/SB,,.oJ is to ht, mai11taine<l ator ab-Ovetlle aver~ge (Sll/SBr.o) fur 2012-201S. 2) Sklpjack The 011awning biomass of sklpiadl tuna is to be maintained on average at a level consistent with the interim target refonmrn point of 5{J<% of the spawning biomass in tbe absence of fishing. adoptw in accordance with CMM 2015-06. 3) Yel!nwfin Ponding agreement on a Wl'J,et refon,.nc~ p()in~ th" ~!''""";,,S bi<>mns• <l<>µ1di<.m ratio (SB/SBr-,o) is to be rnaJntained "at ru· above tho, av,ar,,.ge (SB/SB,,o) for 2012· WJS WllfilUiAS; Section 51 of CMM 2017-01 slates that "CCM shall take necessary measures to ensure that the total catch of their respective other commercial tuna fisheries for bigeye, ycllow!ln or skipjack tuna, but exduding lbose fisheries taking less than 2,000 tonnes of bigeye, yellowfin and skipjack, shall rw exceed either the average level for the period 2001 2004 orthe level of200,1·: WllfillEAS, this policy is designer! as a wnservation measure primarily to reduce effurt in Philippine waters which is a spawning ground; W!IER.EAS, l'ursuantto Republic.Act(RA) 9379, "An Act Dclhting Handline Fishing, Providing Effective Regulations Therefore and ForOthe1- Purposes•, otherwise known as "The Handli.ne Fish.ing Law ofZOO'l"; Wlfl!JlEAS, Section 2 of RA S3'l9 stresses the need to support the development of the handline fishing industry, promote i t:S' competitiveness, sustainability and social rleve!opnient Wl!EltEFOR£, In view oftl1c.~e premises, the Department of Agrlculture throu«h the Bureau offisheries and Aquatic Resources (BFAR) hereby pi-omulgatesthe follo;t<ingr;gulations and implementing guidelines. Section 1. Definition of Terms. for purposes of th.is Order, the fof!owing terms as used berem shall mean and shall be constn.1ed as follows: 1) Automatic Location Conmmnicatnr {ALC} or Mobile Traddng-Transceiver Unit a tv:o·\V-JY automatic tracking device WCPFC-approved device to be installed on llshmg vessds that utilizes a satellite navlgation and communir:atinn system for the ~urpose ~ftrans111'.ttlng mt?~mation concerning the Philippine-flagged fisbJng vess1;1s positions. fishmgactivihcs, anrl any other activity of the vessels as TMY b,~ x-equn·cd. .Z) Bureau/lWAR - Bureau of Fisheries an<l Aquat!r. Resonrces. 3) Vessel ~oniti)ring System {VMS)- Refors to a system used to track and monitor tlie position, ame, course and speed of commercial fishing vessels in the territor" J ' ~·lters, BllZ and the high seas for purposes of conservation and management 1 ~f f1shenes resources. · c) The ha11dli1.1e fishing boat:s must be Catch Documentary Scheme compliant; d) The handline fishing boats mustnothave lnv1Jhred in anyadministrative or crimlnal oITense for engaging in fishing activiUcs in the Convention Area in violation of any conservation-and management imiasures adopted by the WCPFC; e J The hand!ine fishing boats shall be registered with WC PFC; f) The haudllne fishing boats shall be equipped with two·way Vessel Monitoring System; g) Each lrandline fishing boatsball comm.itto deploy no more than 2 FADs; h) The boat owner and thn:e highest ranking-officers of the boat must have attended the orientation to be conducred by the. Bureau prior to operatlon; 2) Procedure in the Allocation of F.ishit,gAt'CCss. a) Letter of httent All Interested persons, wrporations or entiti,es: shall submit a formal letter of fntent (LO!) addressed to the Director of the Bureau indicating tile handline fishing boat details such as regisJ;ered name, gross tonnage, and gear, b) Evaluation. Tbosewho have submJtted LOI will b~evaluated on the basis of their compliance to the criteria and their history of Ushlng operations .. Section 4. Vessd Monitoring System. AU band\ine fishing boats and corresponding carrier boai-~ shall be equipped witli and shall operate a two·w:a:y Automatic Location Communicator in accordance to !'AO 241 Selies of 2012. on Regulations in the Implementation of the Vessel Monitoring System (VMSJ ln the High Seas, CMM 7.011-02 and CMM. 2017-01. The FMC shall provide continuous real-tinie VMS infonnation to the adjacent Coastal States/Territories for monitoring purpases,Acccss to VMS and other data shall be in accordance with WCPPC Rules and Procedores fo"r Ute Protection, Access to an.d mssem!natlon of High Seas Non-Public Domain Data and !ii formation Compiled by WCPFCfortbe Purpose of Monitoring. Control and Survflilhmce (MCS) Ac1Mtks and Access to and Dissemination of High Seas VMS for Scientific Purposes. Section S,Reporth1g. 1) 2) 3) Handlin,: fishing boats;carriervessels 3)1d fishing companies shall notify .BFAl.l. through electronic or any other mea!ls at'least 24 hours prior to entry and no mun! th.m 6 ho11rsprior to exiting the fisblnggtound. Likewise, this information shall be transmitted to the adjacentCoastil States/Territories and WCPFC. Report sho11ld be in the following format; "VID/entry or Exit: Oate/Tol1.e; Lat/Long." Handline fishing boats operating ln high seas should report sightings of any fishing vessel to llFAR and WCPFC S~crolarlat Su.ch Information shalUndudc vessel type, date, t1me, position.markings, heading imd speed.' Section 6, Vessel Listing. The Burea11 shall maintain an updated list of all handline fishing boats operating ln ti1e high seas based on vessel's ently and exit reports submitted to WCPFC. The list will be submitted to WCPFCand will be made available ro WCPFCmembers and other concerned stakeholders through dedicated website.www hfanla g1J11,ph , Section 7. l\1onitming of Port Landings.. All landings of handline fishing !Joats opern.ting In the high seas of WCPFC Convention Area shall be made at a1ithorlzed ports operated by the Philippine Fisheries l)evelopmeat Authority and/or other ports as approved by BFAR. Catch logsbcet to in chide catch and effort data slnll be accomplished.and submitted by each handline vessel to the Buroau cvery'month to ensnre timely processing and analysis. Section 8. Effort tlmit. In accordance with applicable WCPFC CMM. Section 9. Use ofFish Aggregating Device {F AO}. Each hand.line fishing boat shall deploy not mo:re than 2 l'AIJs. Its design, deployment replacement reporting of FAOs coordinates shall be in accordance with existingpol!des. · Section 10. Research, llFAR obseivers shall b~ .aet:ommqdated by handllne 6shlnz boa~ for purposes of scientific studies in aid of fish<1ry managem·eut · Section 11: Nature Qf 1\ccess Right. Any transfer of access right or replacement ofvesscl covered by this Order shall he subjected to the prior approval of the Bureau and shall be based on the same .:onditions and criteria as pro.vided herein, otherwise the transfer shall ~=~~d~d ' Section 12. PenalUes, Any violations of tbe provisions of this Fisheries Administrative Order shall be p~nalizcd as foHows: 1) Pm'SUallt to Section 119 ofR.A. 85SO·as am.ended by R.A.10651, intentional nun r<aportlng of posiU011 manually every six (6} boul'S a[tc; having ooen notified by BFAR FMC Lil.at the VMS i\LC is hot tr:mslnitting'as require'd, the administrative fine shall be equivalent to five times the value of the calcl! or twice the an,(lunt indicated below, whichever is Wgher: a} Two hundred fifty thousand pesix~ (P25Q,000.00) forsmall-scalerouunerciaj fishing; . . 4J Commercial fishing Vessel/Gear License (O·YGl,J - authortzation granted by /WAR to ~slung vessel ~peralors to fish within commercial waters(> 15 km from the shoreline) ot lhe Ptulippiucs pursuant to Sec. 26 ofR.A 8550. 5} 6) 7) B) 9) 10) Exclu;ive Economic Zone (EEZJ - an area beyond and adjacent to the territorial ~P a countty as defined under the United Nations Convention on the 1..aw of th ~ i their respectiv-' existing laws. e d ~-i~lftii Aggrngating Devices (FAD) - devices that shalt include drifting logs other n ng ob1ects and anchored FADs. , · ·Fisheries Monitori11g Ccnterl FMC) - serves a~ a land-based component for BFAR fisheries monitoring control and surveillance which operates and maintains the V~cl MoniloriogSystem 1-landllne Fishing- refers to a t,·aditfonal fishing method tlial:. us~ the hook and line, a passive fishing gear with a smgle vertlcal line carrying one hook, and used by simply dropping the line into the waler and waiting for the fish to bite. Hand line Fishing Boat- refers lo a fishing boat wlth or without outrigger, wlli1 or without auxiliary small boats on board that exdu~ively utilizes the handline fishing method with or without the aid of a canic-r operating as a grouJl. Pakura or Sirisan - is au am<lliary small boat. less than U1ree (3) gross tons locally known as "pakura" or "siri~an• made of wood, fiberglass or any olber material, with or without outrigger, propelled by a suitable engine and amiecl onboard a handline fishing boat for use in handlinc fishing operations beyond municipal waters. 11) High Seas {HS)- the area lieyond Philippine waters which does not belong to the jurisdiction of any olher State. 12) HSPI - High Seas Pocket 1 as referred to in CMM 201'/-01 (sceAttad1ment2) 13) International Fishing Permit (!PP) - authorization granted by BFAR to licensed Philippine-flagged vessels l'O fish in waters of other coastal states and high seas where the Philippines has access agreern.,nts. 14) Regio.nal Fisheries Observer - Personnel duly auti1orr1:ed by the Commission's Regional Observer Program tD collect and record fisheries scientific data on fishing activities an<l monitor/report vessd compliance oa U1e various CMMs by the Commission, other RFMOs and by the Bureau's compatible measures. 1S) Regional Fisheries Management Organizations (RFMOs) - Organizations that implement conservation anu management measure,; on tuna such as !OTC (Indian Ocean T1ma Commission]. ICC.AT (International Commission for the Conservation of Atlantic Tuna), and WCPl'Cin which the Philippine.~ is a member and the CCSBT (Commission on the Conservation of Southern Bluefin Tuna) in which Philippines is cooperating non-member. 16) WC!'FC- Westecn and Central Padllc Fishe1ics Commission. Sect.Ion 1.. Scope and 1\ppllcation 1) This Administrative Order covers Philippine-registered handline fishing boats Issued with International Flshinti Permits and Special Pennit to operate in lh~ high seas ofWCPFC Convention Area and registered Jn the WCPFC Records of l'lshingVcssels. · 2) :fhis 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 tlle south with exact coordinates as used by WCPfC Vessel Monitoring System. Section 3. Allocation of Fishing Access 1) Criteria in Qualifying for Fishing Acce.~s. Any person. mrporation or entity who signifies to engage in handlinc fishing operation in tbe high seas of WCPFC Conwntion 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 l.kensc (CFVGL), International FlshJng Permit and Special Permit to operate In lhc high seas of WCPFC Convention Area, subject to annual renewal and payment of an annual fee at the rate of USO 300 for handline lishingbuats of 40 gross tonnage aud below, and USD 600 for over 40 gross tonnage; b) The hand line fishing boats must be compliant with Pbflippinc Coast Guard and Maritime lndustiy Authority (MARINA) rules an<l regulations; 2) OJ 1•1ve llU tlUH!U llJUll.)d.llU 1,11:;.:i,v.:, \.L.Jvv,vvv,vvJ ................ ~-, ... .. ,. - -- ·- ·-·-- -· fishing; and c) Two million five hundred thousand pesos (P2.S00,000.00) for large-scale comme 1:ial fishing. Pursuantl'O Section 89 ofR./\;8550 as amended by RJL 10654, violation of Section 5 a.nd 7, ca~es of unreported fishing commltted in waters beyontl national jurisdiction ur high seas, the owner, operalor, and the three (3) highest officers of the commerdal fishing vessel shall be penalized with an administrative fme equivalent to five (5} limes the value of the catch or the amo1mt Indicated below, whichever b higher: a) Two anllion pesos (P2,000,000.00}to Nine million pesos (P9,000,000.00} for small-scale commercial fish ing; h) Ten niilion pesos (Pl0,000,000.00) to Fifteen million pesos (Pl 5,000,000.00) for medium-scale commercial fishing; and c) Stxteen mill.ion pesos (P16,000,000.00) to Twenty million pesos (PZ0,000,000.00) for large-scale commercial fishing vessels less than seven hundrud fifty (750) gro'ss tons. and Twenty-five million pesos (PZS,000,000.00) to Forty-five million pesos (P4S,000,000.00) for lari,<e scale tommel'cia.l fishing vessels seven hundred fifty (?50) gross tons or more. Upon convlttlon liy a coHrt of law, the three {3) highest officers of the commercial fishingves~d sh~ll ~ufforlh(>penaltyuf;mpri.wnmc.,tof,L~(6) monlltsautlaflne cqu.ivalenttl> twice the amount of the administrative fine. and coofiscation of catch and gear. 3), Oepl'oymcnt of FADs in excess of 2 as provided in Section 9 hereof shaU be penalizes.I witl'i adminislrative fine of Php 50,000.00 per excess FAD and confiscatio1> of the excess FAJJ; 4) Unauthoriz~d transfer of access right or replacement ofhandline fishing boat as provided under Sc,tiou 11 hereof shall be penalizL'll with l'hp 100,000.00 at first offense, and Php 200,000.00 as well as revocation of Special Pe1mlt to operate in the high seas ofWCPFC Convention Area for the second offense; 5) fishing outside High Seas ofWCPO Convcntton Area shall be penalized with Php 100,000.00 fortbe first offense and Php 200,000.00 as well as revocation of Special Pennit to operate in the high seas of WCPFC Convcnlloo Area al second of(ense except in Philippine waters when authorized by BFAR; 6) Unloading In unauthorized ports and landings shall be peoalir.cd with Php 100,000.00 at first oflense, Php 200,000.00 as well as revocatton of Special Permit to operate in the high seas ofWCPFC ConventtonAreaatsec~nd offense. Section 13. Separability Clause. If this O,d~roranypart bcreofis declared unconstitutional or invalid, the remaining sections or provisions thereof wWcb are not affected thereby shall continue to be in full force anll effocL Section 14. Repealing Clause. All existing administrative order, rules and regulations which are inconsistent with the provisions this Orderls hereby repealed or modified. Sect'ion 15. Effectivity. This Order sl1all l'ake effect fifteen (15) days after publication in any newspaper of ge .lf circulation and upon registration with the omce of tbe National Adminlstratl egistiy and shall be cotenninous with CMM 2017-01. ayof!(]gJ20Ul at Quezon City, Metro Manila, Philippines. Recommending Appl oval: OfJA.11f.'ANTOtA~M'l'\llU. IIIGllll!ll!!lillltllllHllllffllll lnoplyrlaPltd.•ttb co.:1:t • for 8/!JnafUA: S-OM8-01tl Rmki.a~o11111201tlll:~P"" P.S. Jul JO, 2018 • Republic:: of the Phlltppines Department of Agncultute Bureau of Fisheries and Aquatic Resource PCA compound. Elllptical Road , Dillman, Quezon City Tel. Nos. 929-95-97 • 929-80-74 FISHERIES ADMINISTRATIVE ORDER NO.~ Series of 2018 SUBJECT: REGULATION AND IMPLEMENTING GUIDELINES ON GROUP HANOLINE FISHING OPERATIONS IN THE HIGH SEAS OF THE WCPFC CONVENTION AREA. WHEREAS. the Philippines signed lhe Convention on the Conservabon and Management of Highly Migratory Fish Stock'S in the Western and Central Pacrfic Ocean and ,ts Annexes on September 5, 2000, which was subsequently ratified by the Senate on 2005: WHEREAS. ttie Philippines is a member of the regional fisheries management organization, the Western and Central PacifiG Flsheties Conurission (WCPFC}: . WHEREAS, in December 2017, lhe Commission adopted a new Conservation and Management Measure (CMM 2017 -01) for Bigeye, Yellowfln and Skipjack Tuna in the Vvestem and Central Pacific Ocean which aims to provide for a robust transitional management regime that enSUt8$ the sustainabUity of bigeye, skipjack and yellowfin tuna stoc.ks; WHEREAS, CMM 2017-01 win create a bridge to the adoption of a harvest strategy'°' bigeye, skipjack, and yotlowfin tuna In accor,dance with the work plan nnd indicative frames set out in the agreed work plan for adoption of ha Nost strategies under CMM 2014-06. whic~ includes the development of management objechves and target reference points, and the Commission shall wOfk towards achieving and sustaining the following; 1) Bigeye Pending agreement co a targot reference point the spawning biomass depletion ratio (SBISB,.J Is to be maintained at or above the average (SB/ SB,.J for 2012-2015. 2) Skipjack The spawning biomass of skipja<:k tuna is lo bo maintained on average at a level consistent with the Interim larget referer,co point of 50% of the spawning biomass in the absence of fiShlog. adopted in occordance with CMM 2015-06. ' : ' . ~: 3) Yellowfln Pending agreemonl on.a tafget referenc::e point the spawning biomass depletion ratio (SB/SB, J is to be maintained ot or above the average (SBISB,..J for 2012· 2015 WHEREAS, Section 51 of CMM 2017-01 states thal "CCM shall take neeesury measures to ensure that the total catch of their respecbve other eommercial tuna rlShenes for b6geye. yeUowfin °' sklp}ack. tuna, but excluding those fisherles taking less than 2,000 tonnes of btgeye. yeUowfin and skipjack. shall not exceed oilhet tho average level for the period 2001-2004 or the ~I of 2004"; WHEREAS, this policy i'S deslgned as a conservation measure primarily lo reduce effort in Philippine waters which is a spawning ground; WHEREAS, Pursuant to R~blic Act (RA) 9379. •An Act Dermlng Handline Ft$hing, Providing Effective Regulations Therefore and For Other Purposes", otherwrse known as "lhe Handlme Fishing Law of 2007; WHEREAS, Section 2 of RA 9379 slfesses the need to support the development of lho handline fishing industry; promot7 its competitiveness. sustainability and soaal development, WHEREFORE, In view of these premi.ses. the Department of Agncutture. through the Bureau of flsheries and Aquatic Resources (BFAR) hereby promulgates the following regulations and implementing guidelines Section 1. Definition of Terms, For purposes of thls Order, the following terms as used herein shall mean and shall be construed as follows: 1) Automatic Location Communicator (ALC) or Mobile Tracking-Transceiver Unit· a two-way automatic tracking device W::PFC-approved device to be instaHed on fishing vessels that utilizes a utellile nav;gation and c;ommunication system for Ule purpose of transmitting Information concerning~ Philippine-flagged fishing vessel~' positions, fishing activities, and any other activity of the vessels as may be required. 2) Bureau/BFAR- Bureau of Fisheries and Aquatic Resources. 3) Vessel Monitoring System (VMS) - Refer'$ to a system used to track and monitor the position, time, course and speed of commercial rishing vessels in the territonal waters. EEZ and the high seas for purposes of conseNation and management of fisheries resources. 4) Commercial Fishing Ves.seVGear license (CFVGL) • authorization granted by BFAR to fishing vessel operators to flSh wrthin comme,oal waters (>15 km from the- aho<efine) of tho Philippines pursuant to Sec 26 of R A. 8550. 5) Exclusive Economic Zono (EEZ) - an area beyond and adJaeent to tho lenttofial seai of a country as defined under the United Nations Convention on the law of the Sea and their respective ex.isling laws. 6) Fish Aggregating Oevlces (FAD) - deYJ08s that shall include drifting k>gs, other drifting oti,ects and anchored FAOs 7) Flshcrics Monitoring Center (FMC) - serves as a land,basod component for BFAR fisherlos monitoring control and surveillance whlch operates and maintains the Vessel Monitoring System · 8) Handline Fishing . refers to a traditional ~ng method that uses the hook andfine, a pass1Ve fistling gear with a single vertical line carrying one hook, and used by simpty dropping the line into the water and walting for the fish to bite. 9} Handllne Flthing Boat - refer'$ to a fishing boat with°' without outrigger, with or without auxihaiy small boats on board· that exclosivefy utilizes the hanclline fishing method with or witho;ut the aid of a carrier operating as a group 10) Pakura or Slrisan - Is an auxiliary small boat, less than ttireo (3) gross tons locally known as •pakura· or •strisan• made of wood, fiberglass or any other material , with or withoul outrigger, propelled by a suitablo engine and carried on board a handline fishing boat for use in handhne f!Shing operations beyond municipal wa!ers 11 ). High Sons tHs) - the area beyond Pl'\ihpp.ne watecs wh\ch ooes not belong lO the JUrbdlctlon of any other Slate 12) HSPI - High Seas Pocket 1 as referred to in CMM 2017..01 (see Attachment 2) 13) lntern.ational Fishing Permit (IFP} - authorizatiOn granted by BFAR to l;censed Philippine-flagged vessels to fish in waters of othef coastal states and high seas where the Philippines has access agreements 14} Regional Fisheries Observer - Personnel duly authorized by the Commission's Regional ObseNer Progc.am to coUeci and reeo«t fishenes scientific data onfishing activrtics and monit01/report vessel compbance on the vanous CMM'S by the Convntsston. other RFMOs and by the Bureau·s compatible measures. 15) Regional Fisheries Management Organizations (RFMOs) - Organizations lhat lmplement conseNation and management measvresoo tuna such as IOTC (Indian.Ocean Tuna Commis.sion), ICCAT (International Comrr-.ssion for the Conservation ofAtlanttC: Tuna). and WC.PFC in which the Philippines is a member ar.d the CCSBT (Convnission on the ConservabOn ofSouthem Bh.iefin Tuna) 1n which Philippines Is cooperating . non-member. 16) WCPFC -Western Md Cenl.ral Pacific FIShenes Commission. Section 2. Scope and Application 2) b) The handhne fi'Shing boats must be compliant with Phl6ppine Coast Guard and Maritime Industry ,AulhOrity (MARINA) rules and regulations: c) lhe handline fishing boats must be Catch Documentary Sc::heme compliant; d) e) g) h) The hand1ine fishing boats must not have invotved in any admimstrabVe or aif'Mlal offense for engaging in fishing activities in the Convention Area in violabon of any conservation and management measures adopted by the v-JCPFC; Tho handline fishing boats shall be registered with 'WCPFC: Tho handline fishing boats shaU be equipped with two-way Vessel Monitoring System; Each handline fishing boatshall commit to deploy .no more than 2 FAD$; The boat owner and th<ee highest ranking officers of the bqat must ha'-1e attended the orientation to be conducted by the Bureau prior to operation: ' 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) addre'Ssed to the Director ot the Bureau indicating the ha'ncllino fishing boat details such as registered name. gross tonnage, and gear. b) Evaluation. Those who have submitted LOI wiU be evaluated on the basls of their compllanoe 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 ConvnunicatcrN"I accorct,oce to FAQ 2" 1 Series or 2012 ort 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-lime VMS infOfmation to the adjaoenl Coastal States/Territor;es for monitoring purposes. Access io VMS,and other data shall be in accordanc::e with \/IJCPFC Rules and Procedures fOf the Protection, Access to and Dlssemlnotion of High Seas Non-Public Oomatn O)ta and Information Compiled by VVCPFC for the Purpose of Monrtoring, Control and Sutve1llance {MCS} Activities and Access to and Oisseminc11tion of High Seas VMS foe Scientific f>urposes:. Section 5. Reporting. 1) Handlino fishing boats, carrier vessels and fishing companies shall notify BF.AA through etedronic or any ~Other means at least 24 hours prior to entry and no rTlOf'e than 6 hours prior to exiting the fishing ground. Likewise. this Information shaH be t.ranJO'ittecl to the adjacent Coast.al States/ TerritOJies and VVCPFC. • 2) ' Roport should be In tho following format: "VID/entry Of Ext!: Date/Tlme: Lat/Long.· 3) Handline fishing boats operating In htgh seas should report slghtings of any fishing veslel to BFAR and I/IICPFC Secretariat. Such information shaU lnelude vessel type, dlle, bme. position. markings, heading and speed. • Socllon G. Vo.,scl Listing. Tho Bureau shalt malnta1n an updated hsl of alt handllne fishing boats operatlog in tho high seas basod ~n vessel's entry and exit reports submitted toV'/CPFC. The Ust will be submitted to \IVCPFC and will be made av.:titable to 'NCPFC members and other concerned stakeholders through dedic::ated webslto, 'MVW bfar da aov Pb Section 7. Monitoring of Port Landings. All land;ngs of handline fishing boat& operabng in the ~h seas of \NCPFC Con11enlion Area sha11 be made at authoriz.ed ports operated by the Phf11ppine Fisheries Development Authority and/or other ports as approved by BFAR. Catch logsheet to inciude catch and effort data shall be accomplished and submi1ted by each handline vessel to the Bureau every month to ensure timety processing and analysis. Section 8 . Effort Limit. In accordance with. applicable W:PFC CMM, Section 9. Use of Fish Aggregating Device (FAD). Each handline fishing boat shall deploy not more than 2 FAOs. lts design, deployment. replacement. reporting of FADs coordinates shall be in accordance wrth existing policies. Section 10. Research. BFAR observers shall be accommodated by handline fishing boats for purpo'Ses of scientific studies In aid of fishery manageITle11t Section 11. Nature of Access Right Any transfer of access right°' replacemerit of vessel covered by this Order shaU be subjected to the prior approval of the Bureau and shaH be based oo ttte S8m& conditions and arteria as PfOVlded herein, otherwise the transfer shaU be considered void. Section 12. PenJltles. Any violations of the provisions of ttils FlsheriesAdminlstrattve Order shall be penalized as follows: 1) Pursuan1 to SectiOn 119 of RA 8550 as ;.mended by RA 10654, intentJonal non-reporting of~ manualty every six {6) hours after haw,g been notified by BFAR FMC that the VMSALC Is not transmitting as required. the administrative fine shall bo equivalent to five limes the value of the catch or twice the amour,t Indicated below, whichever is higher: a) Two hundred fifty thousand pesos (P250,000.00) for smalkcalo commercial fishing; b) Five hundred thous.and pesos (PS00,000.00) fot medium-~)&. commercial fistw,g; and c) Two million five hundred thousand pesos (P2,500,000.00) f0< large-scale coml)lercial fishing. 2) Pursuant to Section 89 of RA 8550 as amended by RA 10654. violation of Section 5 and 7, cases of unreported fishing committed In waters beyond national jurisdiction or high ieas. the owne<, operator, and the three (3) highest off'ic::ers of the commercial fishing vessel shad be pen.;>ltZed wrth an ;,ciminlstratiVe fine equivalent to five (5) tim(ls the, value of the catch or the 81rJlOUnt ind'icated below. whichever IS higher. a) Two million pesos (P2,000,000.00) to Nin8 mlfllon pes'as (P9,000,000.00) fOJ small-scale commercial fishing; b) Ten million pesos (P10,000,000.00) to Fifteen mlliion pesos (P15,000,000.00) for medium-scale commorcial ffshlng; and , c) Sb:tcen million posos (P16,000,000.00) to Twenty ml!Hon pesot (P20.000.000.00) fotlarge-..scalo commercial fishing vessets less than seven hundred fifty (750) gross Ions, and 1\venty-live million pesos (P25,000.000.00) to Forty-rtVo mlion pesos (P4S.OOO,OOO.OO) for large scale eommereial fishing vessels seven hundred fifty (750) gross tons°' more. Upon conviction by a court of law, the three (3) highest officers of the commel'tl-1 fishing vessel shall suffer the penalty of imprisonment of six (6) months and a fine equivalent lo twice the amount of the administrative fine. and confiscaUon of catch and oear, 3) 4) 6) Oeptoyment of FADs in exoess of 2 as p«Mded &n Sedion 9 hefeof shaU be peM:ized with administrative fine of Php 50,000.00 per eXoess FAD and confiscation of the excess FAD; unauthorized transfer of access right or replaci!,ment of handllno fishing boat as provided under Section 11 hereof shall be penalized with Php 100,000.00 'at {itst offense, and Php 200.000.00 as well a, t'evoc::ation of Special Permit lo operate in the high seas of WC PFC Convention Alea fof the second offense: ) FiShing outside High Seas of \IVCPO Convention Area shall be penalizod with Php 100,000.00 fOf the first offense and Php 200,000.00 as well as revocation of Special Permit to operalo in the high seas of INCPFC Convention Area at second offense except ln Philippine waters when authorized by BFAR: Unloading in unauttiorlzed ports and landings shall be penalized wi1h Php 100.000.00 at first offense, Php 200.000.00aswell H revocation of Speciat Pennittooperate in the high seasof W:.PFC Convention Area at second offense. Section 13, Separability Clause. If th~ Order or any part hereof is declarod unconstrtutiona'I °' invalid. the remaining sections or proviS1ons thereof whteh are not affected thereby shaD continue to be in ful l force and effect. 1) This Administrative Order covers PMlppine-registered hand11ne fishing boats issued with International Section 14. Repealing Clause. All existing administrative order, rules and regutabons which are inconsistent Fishing Perm,ts and Special Permit to operate in the high seas of WC PFC Convention Area and registered, with the provisions !his Order ls hereby repealed oc modified ' ln lhe \NCPFC Records of Fishing Vessels. 2) To;s Adn.n1stralr\CB Order applies only to high seas in the WC.PFC Convention Area (See CMM 2017· 01 Attachment 2),whfch Is the area of the high seas bounded by the EEZs of the Federated States of M1cronesla to the north and easi. Republic of Palau to the west. lndonesla and Papua New Guinea to the south with exact coordinates as used by WCPFC Vessel Mon~oring System. s ection 3. Allocatlon of Fishing Access 1) Cntena 1n Qua!rfying tor Fishtng Acee$$ Any person, co,poration Of enbty who Slgntfiet to engage In handline fishing operation in the tugh seas of WC.PFC Convention Atea shall be pr&-quahfied based on the following cnteria: a) The handline rishrng·boats are Ph!hppme-reg,sterod with valkt Commercial Fishing Vessel and Gear License (CFVGL) , International Fishmg Permit and Special Permit to operate In the high seas of '1-.'CPFC ConvenbOn Area wt,sect to annual renewal and payment of an annual fee at the rate of USO 300 fOf handl1M fishing boats of '40 gross tonnage and below, and USO 600 for over 40 gross Section 15, Effectivity. This O(der shall take effect fifteen (15) days after publ.C::Slion in any newspaper of general cuculahon and upon registration with the. Office of the National Adrninlsttawe Registry and shaU be coterminous Wtlh CMM 2017-01. Issued ).bi~Y of~ 2018 at Quezon City, Metro Manfla, ·Ptiihppines. EMM\f(UJL F. PINOL . · ' • Secretal'Y[ R~li~pro, al: eot£Ro . 1/)f,GONA Undersecrot~ of Fisheries, ~. Director, BFAR m,iiiiriw,"ii,iiw llll•~PbdiUl'W-' llforl/goer,.n:MMMIU 'fl;-..+<•• c,rninottoa:,u,it MT -July 30, 2018 ·----r ·'""""' --~ 'i;,l'I"\" OF AGtr ~ /~ .J,I,.~ 10~.,. Republic of the Philippines 8 ~~ :t ~ ~~ ~ Department of Agricu lturc 0 ~¥~,~ Bureau of fisheries and Aquatic Resources }J'J141.ll~\""\ P/. ))} PCA Compound, Elliptical Road, Diliman, Quezon City . ~~ Tel. No. 929 9597/ 929 5847 Telefax No. 929 8074 July 30, 2018 Atty. Flordeliza C. Vargas-Trinidad Directo r Office of National Administrative Registrar Rm., 208, Bocobo Hall, University of the Philippines-Law Center Diliman, Quezon City Dear Atty. Vargas - Trinidad: On behalf of the Bureau of Fisheries and Aquatic Resources (BFAR), I am hereby fil ing three (3) certified photocopies and an electronic copy of Fisheries Administrative Orders No. 245-4 s. 2018 re: "Regulations and Implementing Guidelines on Group Tuna Purse Seine Operations in High Seas Pocket Number 1 as a Special Management Area". and Fisheries Administrative Order No. 254 - 1 s. 2018 re: "Regulating and Implementing Guideline on group Handline Fishing Operations in the High Seas of the WCPFC Convention Area", w hich was published on July 30, 2018 in Philippine Star and July 30, 2018 on Manila Times. PleJse find the attached amount of P40.00 in cash payment for the filing fee. Very truly yours, ~AEL V. RAMISCAL Chief, Capture Fisheries Division Republic of the Philippines Department of Agriculture National Fisheries and Aquatic.Resources Management Council (NFARMC) Elliptical Road, Diliman, Quezon City NFARMC RESOLUTION No. 13 Series of 2018 RESOLUTION RECOMMENDING THE EXTENDED IMPLEMENTATION OF FISHERIES ADMINISTRATIVE ORDER NOS. 236,254 AND 245-3 AND TO INCORPORATE NECESSARY AMENDMENTS THERETO WHEREAS, the National Fisheries and Aquatic Resources Management Council (NFARMC) is a multi-sectoral body composed of representatives from all major stakeholders in Philippine fisheries and serves as an advisory and recommendatory body to the Department of Agriculture (DA); WHEREAS, Section 72 (a) of the Implementing Rules and Regulations of R. A. No. 8550 or The Philippine Fisheries Code, as amended by R. A. No. 10654, states that xxx "NFARMC shall have the following functions: (a) assist in the formulation of national policies for the protection, sustainable development and management of fishery and aquatic resources xxx"; WHEREAS, the effectivity of the aforementioned Fisheries Administrative Orders have already lapsed and requires the recommendation of the NFARMC for approval of the Secretary of the Department of Agriculture in accordance with the last paragraph of Section 61 of R. A. No. 8550 as amended by R. A. No. 10654 to facilitate the extension of their implementation; WHEREAS, the FAO 236, 254 and 245-3 should be aligned with the implementation of Conservation Management Measure 2017-01 of the Western and Central Pacific Fisheries Commission; NOW, THEREFORE, BE IT RESOLVED, the implementation of Fisheries Administrative Order Nos. 236, 254 and 245-3 be extended for another three (3) years until February 10, 2021 taking into account the amendment in FAO 245-3 which provides symmetrical net as additional option for net design and mesh size requirement wherein the lower half of the ring net or purse seine should be not less than 3.5 inches; RESOLVED, FURTHER, that copies of this resolution be furnished to the Office of the Secretary of the Department of Agriculture, the Office of the Director of the Bureau of Fisheries and Aquatic Resources and other concerned offices; and • ... r . ' UNANIMOUSLY RESOLVED during the second quarter meeting of the council on May 18, 2018 held at the Camp Holiday Resort and Recreation Center, Babak District, Island Garden City of Samal. · li, ; c, pk- --, DR. YASMIN P. TIROL Academe Fisherfolk - Luzon ~ MARTHA E. CADANO Fisherfolk - Visayas Small Scale Comme7 ries .LIM ~ <?d~ TAN t:f/ ernment Organization Aquaculture '-- ~ RO O PONG Fishe 1 - Luzon ~ o Fisherfolk - Mindanao ~ BO R A. BAYLOSIS ~ tefnate Member, Medium Scale Com rcial Fisheries •