Fisheries Administrative Order No. 191 relative to employment of foreign crew members aboard highly specialized commercial fishing vessels (unofficial title)

;, ii~ RqmhUcoflhe J'1,ml'l,iues 'Y~~~"~--- DEfl!UrrMENT OF AGRICUlTURE ~ ~ Offit:l,'of the SecretaryIn Elliptical Road, Diliman, QtK.7.A:m City FISHERIES ADMINISTRATIVE) OR DE R ~l o , 1=-91....:.- Series of 1994 SUBJECT Employment of foreign crew members aboard highly special ized commercial fishing vessels Pur sua nt to Sec t i 0 II S 7, 17 and 21 0 f" Pre sid e nt i a I [)e eree No. 704, a s amended, and PO 760, as amended by PO 1711, the following guidel ines on the employment of foreign crew members on board highly special ized commercial fishing vessels is hereby promul gated. srCTION 1. Definitions. For purposes of this Order, the fol low ng terms shal I mean: a' Foreign crew member - an al ien hired for his exoertise' in the operation of highly special ized commercial fishing vessels of Phi' ippine registry. bl Highly special ized commercial fishing vessels - vessels intended for a specific types of fishing which are con sidered by BFAR as new/uncommon locally and environment-friendly. They cover vessels with new designs and/or techniques in navigation, fishing operation, post harvest, refrigeration, and hydraul ics. These techniques include, but are not I imited to, the fo I low i ng : 1) Vessels using refrigerated sea water, water, air blast; ch i I led sea 2) Vessels using deepsea longl ining for catching tuna or other big pelagic/demersal fishes where additional fishing effort may sti II be allowed; 3) Purse seiners using triplex net rollers; and 4) Technology that al lows fishing vessels maneLvering in higly turbulent and agitated waters. c; Foreign fisherman's license - an authority iss~ed by Director of Fisheries ~nd Aquatic Resources in favor foreign crew member for employment on board highly cia! ized commercial fishIng ve s.s e l s for a period of (1) year. the of a spe one SECTION 2. Prohibition. It shall be unlawful to employ a foreign crew member on board highly special ized commercial fish ing vessels of Phi I ippine registry without, a val id I icense issued for the purpose by the Bureau of Fisheries and Aquatic Resources. SECTION 3. Appl lcatlon for a foreign crew member's license. AI I appl ications for foreign crew member's license shal I be fi led with the Bureau of Fisheries and Aquatic Resources, accompanied by the fol lowing documents: a) Two color pictures, passport size (2" x 2"), of the app I i cant; b) A I i en Emp I oyment Perm i t (AEP) issued by the Department of Labor; c) A certified photocopy of appl icant's passport and/or Seaman's Book; d) A certified photocopy of Authority to Employ issued by the Bureau of Immigration, Department of Justice. e) Bio-data using BFAR Form. SECTION 4. Val idity of I icense. The license shal I be val id for a period of one (1) year from date of issuance, renewable for another year depending upon the turnover rate of understudies, languange barriers, and cultural differences between the foreign crew members and their local understudies. SE:TION 5. Allowable number of foreign crew members for each fishing vessel. Not more than four (4) foreign crew members shal I be employed aboard each highly special ized commerciai fishing vessel, distributed as fol lows: a) One (1) for the engine/machinery; b) One (1) for the refrigeration; and c) TWo (2) for the fishing gear. SECTION 6. Special qual ificatios of foreign crew The ap~1 icant must possess ski I Is and techniques not avai latle or, even if locally avai lable, are inadequate su i tab I e to the un i que features of the h j gh I Y spec i a I j z e d cial fishing vessel, engine or gear. members. I o c a I I Y or un commer SECTION 7. Training of Fi I ipino understudies. Each foreign crew member shall train at least two (2) Fi I ipino understudies for the duration of his employment. The understudies shal I take over the foreign crew member's job upon the expiration of the latter's employment contract. SE~TION 8. Application and I icense fees. An appl icotion fee of two lundred pesos ( P 200.00) and annual I icense of one thou sand pesos (P 1,000.00) shal I be collected from each appl icant. S~CTION 9. Non-transferabi ~ity of license. The no n-i t r nn s f e r a b l e and shall be carried at all times by dur i ng fish i ng operat ions, to be read i I Y presented to ized fishery law enforcement officer upon demand. I icense is its holder an y author SECTION 10. Grounds for revocation of license. The may be revoked on any of the following grounds: license a; Fai lure to use it within three (3) months f r om the date of issue; bl Misrepresentation of facts or false statement in the appl l c a t i o n ; cJ Violation of the terms and conditions of the employment; dl Violation of any provision of this Order; and el When publ ic interest so requires. SECTION 11. Penalty. Violation of any provision of this Order shal I sUbject the offender to a fine from five hundred pesoslP 500.00) to five thousand pesos (P 5,000.00) or imprison ment f rom six (6) months to four (4) years, or both such fine and i mpr i s onme n t In the d i scret i on of the cou rt i Prov Ided, That the D i r e c tc.r- of Fisher i es and Aquat i c Resources is hereby empowered to impose upon the offender an ~dministrative fine of not more than i ive thousand pesos (P 5,000.00) or cancel his I icense, or impose both fine and cancellation of license. SECTION 12. Repeal. AI I previous orders, rules and tions or their parts inconsistent with the provisions Order ~re hereby repealed or modified accordingly. regula of this SECTION 13. Effectivity. This Order takes effect fifteen (15) «a ys after its p u b l ication in the Official Gazette and/or in two {2, newspapers of general circulation. ISSUED on th i s 2nd City, Metropol itan Mani la, day 0 f Feb!J.!?rY Phi Ilppines. 1994 at Quezon Recommended by ~~ GUILLE MO L. MORALES irector Bureau of Fisheries and Aquatic Resources r25d;Jair~ ROBERTO S. SEBASTIAN Secretary