Joint DA-DILG Administrative Order, Series of 2018, on Guidelines for the Establishment of a Data Collection Scheme in Municipal Catch Documentation and Traceability System in the LGU for Management of Fishery Resources

JOINT DA-DILG ADMINISTRATIVE ORDER NO. SERIES OF 2018 SUBJECT: GUIDELINES FOR THE ESTABLISHMENT OF A DATA COL LECTION SCHEME IN MUNICIPAL CATCH DOCUMENTATION AND TRA CEABILITY SYSTEM IN THE LGU FOR MANAGEMENT OF FISHERY RE SOURCES Whereas the Department of Agriculture – Bureau of Fisheries and Aquatic Resources (DA-BFAR) is mandated under Republic Act No. 8550, as amended by Republic Act No. 10654, to prevent, deter and eliminate illegal, unreported and unregulated fishing and prescribe trade-related measures to reduce or eliminate trade in fish and fishery products derived from illeg al, unreported and unregulated fishing; Whereas, Section 38 of R.A. 10654 and Rule 38.5 of the Department Admin istrative Order 10 series of 2015 or its implementing rules and regulations (IRR) indicate that within one year upon the effectivity of the IRR, the DA BFAR shall develop guidelines for a municipal Catch Documentation Sys tem in coordination with local government units; Whereas, Section 89 of R.A. 10654 indicate that it shall be unlawful for any person to engage in unreported fishing or to fail to comply with the repor torial requirements. Municipal fisherfolk or those who use fishing boats of less than 3 gross tons who failed to report their catch shall be penalised amounting to Php5,000. Provided, however, if the offender fails to pay the fine, he/she shall render community service; Whereas DA-BFAR is mandated under Sec. 65 (u) of R.A. 10654 to adopt appropriate traceability system for municipal fishing vessels supplying ex porters with concurrence of the local government units; Whereas, the DA-BFAR is mandated under Section 16 (d), 22, 27, 37 and 38 of Republic Act No. 10611 or the Food Safety Act of 2013 as a Food Safety Regulatory Agency to develop and enforce food safety and traceability standards for food in the primary production and post-harvest stages of the food supply chain while specifying punishable acts and their corresponding penalties; Whereas the Local Government Units (LGU) have the authority and jurisdic tion over the municipal waters measured within fifteen (15) kilometres from the shoreline under Republic Act No. 7160; Whereas under Executive Order No. 305 devolves the registration of mu nicipal fishing boat that weigh less than 3.0 gross tons fall under the LGUs; Whereas the Department of Interior and Local Government (DILG), advises the President in the promulgation of policies, rules and regulations and other issuances on the general supervision over LGUs and on public order and safety; Whereas DA and DILG recognize the important contribution of civil society organizations, non-government organizations, and people’s organizations as partners in the conservation and management of fisheries and aquatic resources at the local and national level; Whereas DA and DILG recognise that catch documentation and traceability are important tools in effective conservation and management of fisheries and aquatic resources in the Philippines and an important compliance tool to the demands of consumers in domestic and international market. Section 1. Objectives. The general objective of this Order is to establish a standardized data collection system at the local government level in order to provide a management tool to prevent, deter and eliminate illegal, unre ported and unregulated fishing (IUUF), implement food safety require ments and ensure continued market access of fish and fishery products. Section 2.Definition of Terms. a. Auxiliary Invoice – an official document issued by LGUs as evi dence of transport of fish and fishery products from the point of origin to the point of destination in the Philippines and/or export purposes; b. Community Service-means any service or activity that is performed for the benefit of the community or its institutions in lieu of payment of fine imposed as administrative or criminal penalty; c. Fish Catch Report – a simplified record of required details of fish ing operation for fishing boat 3.0 gross tons and below; d. Fishery Management Areas- a bay, gulf, lake or any other fishery area which may be delineated for fishery resource management purposes; e. Municipal fisherfolk- persons who are directly or indirectly en gaged in municipal fishing and other related fishing activities; f. Municipal Landing Area – areas within the jurisdiction of the LGU where fish and fishery products are landed/unloaded by fishing boats such as buying stations, Community Fish Landing Centers (CFLC) and municipal fishports; g. Municipal Fishing Boat – fishing boats, with or without outrigger, with size measured 3.0 gross tons or below; h. Municipal Landing Declaration – an official document issued by the LGU documenting the landing/unloading of fish and fishery products in municipal landing areas under the jurisdiction of the LGU concerned; i. Skipper/Owner/operator – to be define individually and their re spective responsibilities j. Traceability – the ability to trace and follow a food, feed, food producing animal or substance intended to be, or expected to be incorpo rated into a food or feed, through all stages of production, processing and distribution. Section 3. Scope. This Order covers municipal fishing boats, fishery prod ucts that are produce by municipal fishers and municipal landing areas un der the jurisdiction of LGUs. This likewise includes some of the major ports that are managed by the Philippine Fisheries Development Authority (PFDA) where municipal fishing boats land. These major ports shall be identified by BFAR and PFDA. Section 4. Adoption of Catch Documentation System.LGUs shall imple ment catch documentation system in accordance with this Joint DA-DILG Order to ensure traceability of fish and fishery products from the point of catch, unloading/landing of fish and transport of fish from their respective areas of jurisdiction to other areas in the Philippines. BFAR, civil society organizations (CSOs), the academe and fisherfolk organisations shall assist the LGUs in the development of catch documentation and traceability tak ing into account the objectives of this Order. Section 5. Responsibilities of municipal fishing boat own ers/skipper/operators. a. To register as municipal fisherfolk and their fishing boats in accor dance with Executive Order No. 305 or their respective municipal ordin ance; b. To secure license to fish in the municipal waters from LGUs; c. To report their catch in accordance with the municipal fisheries or dinance and guided by Annex 1 (Minimum Data Requirement) of this Order; d. To unload in designated landing areas. The owner/ opera tor/skipper of municipal fishing boats shall unload their catch only in landing areas designated by the LGU concerned. Designated landing areas include buying stations, Community Fish Landing Centers (CFLC) or municipal fishports. In cases where there are no designated landing areas, the LGUs should designate an authorized person or organization to collect data catch. Section 6. Responsibilities of Traders a. To comply with the municipal fisheries ordinance and other fishery related policies including securing permit to operate with concerned LGUs; b. To maintain an updated report of their operations and submit a monthly report to the LGU through the Municipal Agriculture Office; c. To secure or present auxillary invoice. Section 7.Responsibilities of Local Government Units. a. To implement fisheries ordinance. Each LGU shall adopt fisheries ordinance/s consistent with the provisions of this Order and prior consul tations with the Fisheries and Aquatic Resources Management Councils (FARMCs) and other stakeholders. It shall implement the same unilate rally or in cooperation with other LGUs, CSOs and academe concerned. The fisheries ordinance should be in conformity to RA 10654. b. To issue fishing boat registration, municipal fishing license and auxiliary invoices for traceability purposes. For purposes of traceability of fish and fishery products, each LGU shall ensure that the following are implemented in their areas of jurisdiction: i. Register and license fishing boats in their area of jurisdiction; ii. Issue declaration of landing on all unloading of fish and fishery products; iii. Issue auxiliary invoice for the transport of fish and fishery products from their area of jurisdiction to any point in the Philippines. iv. Maintain an updated registry of fishing boats, licenses and gears and submit the monthly catch reports to the Provincial Fisheries Office c. To monitor the unloading of fish in designated landing areas. Each LGU shall effectively monitor and document the unloading of all fish and fishery products in all landing areas under their jurisdiction. In cases where there are no designated landing sites, the LGU shall designate an authorized person to monitor and collect data on fish catch; d. To provide assistance to fisherfolk on how to document their fish catch; e. To designate appropriate fish catch landing sites in consultation with DA-BFAR, FARMCs, fisherfolk and other stakeholders; f. To issue business permits to fish traders/shippers and ensure that they comply with the reportorial requirements; g. To feed back to the stakeholders and FARMCs the results of the catch documentation reports and establish appropriate management ac tions in consultation with scientific advisory group and the management body of the Fisheries Management Area (FMA), where the LGU is lo cated h. To implement management actions, after due consultation with the FARMCs and other stakeholders, that are determined based on the results of assessment (by BFAR) the catch documentation; Section 8.Responsibilities of Bureau of Fisheries and Aquatic Re sources. a. To issue guideline on catch documentation system as mandated under R.A. No. 8550, as amended by R.A. No. 10654; b. To provide technical assistance services. To ensure that market access requirements on catch documentation and traceability are com plied with at the local/municipal level, the DA-BFAR shall continuously engage in dialogue or consultation with LGUs concerned and shall pro vide appropriate technical assistance. Technical assistance shall be in the form of the following, among others: i. Capability building, especially in the training of staff of LGUs who shall handle the Catch Documentation System (CDS); ii. Technology, where DA-BFAR shall recommend appropriate electronic CDS; iii. Licensing and management of database of fishing boat (IT sys tem) c. To engage with supply chain actors. DA-BFAR to develop en gagement plan shall provide assistance to the LGU concerns engage with other actors in the supply chain such as local buyers, processors and ex porters to cooperate with the LGUs concerned in the implementation of catch documentation and traceability. d. To implement trade-related measures. DA-BFAR shall implement trade-related measures taking into consideration Fisheries Administrative Order No. 238, which provides guideline for fishery export products to the European Union and any other requirements imposed by international and local markets; e. To ensure the inter-operability of different data collection and in formation management system such as but not limited to Municipal Fi sherfolk Registration (FishR), Boat Registration (BoatR) and the National Stocks Assessment Program (NSAP) Section 9. Responsibilities of the DILG a. To provide technical support to the LGUs particularly in the formula tion of a model ordinance on CDTS; b. To assist in the dissemination of this Order to the LGUs and ensure compliance by LGUs. Section 10. Process of CDTS Section 11. Monitoring and Evaluation Section 12.Electronic Systems.In case DA-BFAR adopts electronic catch documentation and traceability in the future for faster transactions, the DA-BFAR shall ensure that LGUs are properly trained to implement the same in their localities. Section 13.Repealing Clause. All orders, rules and regulations, or parts thereof, which are inconsistent with this Order are hereby repealed or amended accordingly. Section 14.Effectivity Date. This Order shall take effect fifteen (15) days after its publication in the Official Gazette and/or in one (1) newspaper of general circulation, and fifteen (15) days after registration with the Office of the National Administrative Register. Issued this day of 2018 in Metro Manila, Philippines. EMMANUEL F. PIÑOL EDUARDO M. ANO Secretary of the Department Officer-In-Charge of Agriculture Department of Interior and Local Government Recommending approval: EDUARDO B. GONGONA ANA LIZA F. BONAGUA, CSEE Undersecretary for Fisheries, Director, Bureau of Local Government Government Development BFAR National Director