BFAR ADMINISTRATIVE ORDER NO. 198, S. 2000, February 23, 2000
RULES AND REGULATIONS ON COMMERCIAL FISHING
32, 33, 38, 39, 65, and 86 of Republic Act No. 8550, otherwise known as
the Philippine Fisheries Code of 1998, the following rules and
regulations on commercial fishing in Philippine waters are hereby
promulgated:
SECTION 1. Definition of Terms and Phrases . — As used in this Order, the following words and phrases shall mean:
a) Person — natural or juridical entities such as individuals, associations, partnerships, cooperatives or corporations.
b) Fishing Gear License — refers to the
document issued by the Bureau which permit the kind of fishing gear to
be used by fisherfolk in its fishing operation in Philippine waters.c) Fishing Vessel License — refers to the document issued by the Bureau which permit a vessel to conduct fishing operations in Philippine waters.
d) Fisherworker License — refers to the
document issued by the Department through the Bureau for qualified
fisherfolk who seek employment as fisherworker or pearl diver.e) Fishing — the taking of fishery species from their wild state or habitat, with or without the use of fishing vessel.
f) Commercial Fishing — the taking of fishery
species by passive or active gear for trade, business or profit beyond
subsistence or sports fishing, to be further classified as:1) Small scale commercial fishing — fishing with passive or active gear utilizing fishing vessel of 3.1 gross tons (GT) up to twenty (20) gross tons;
2) Medium scale commercial fishing — fishing utilizing active gears and vessels of 20.1 GT up to one hundred fifty (150) GT; and
3) Large scale commercial fishing — fishing utilizing active gears and vessels of more than one hundred fifty (150) GT.
g) Fishing Gear — any instrument or device and its accessories utilized in taking fish and other fishery species.
1) Active fishing gear — as a fishing device
characterized by gear movements and/or the pursuit of its target species
by towing; lifting and pushing the gears surrounding, covering,
dredging, pumping and scaring the target species to impoundments, such
as, but not limited to trawl, purse seine, Danish seine, bag nets,
pa-aling, drift gill net and tuna longline.2) Passive fishing gear — is characterized by
the absence of gear movements and/or the pursuit of the target species
such as, but not limited to hook and line, fishpots, traps and gill nets
set across the part of the fish.h) Fishing vessel — any boat, ship or other
watercraft equipped to be used for taking of fishery species or aiding
or assisting one (1) or more vessels in the performance of any activity
relating to fishing, including, but not limited to, preservation,
supply, storage, refrigeration, transportation and/or processing.i) CFVGL — refers to the Commercial Fishing Vessel and Gear License.
j) Certificate of Clearance — a document
issued to owners/operators of duly licensed commercial fishing vessels
before departure from its homeport for any port to the fishing ground.k) Fishworker — a person regularly or not
regularly employed in commercial fishing and related industries, whose
income is either in wage, profit-sharing or stratified sharing basis,
including those working in fish pens, fish cages, fish corrals/traps,
fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat
or trawlers, or fish processing and/or packing plants. Excluded from
this category are administrators, security guards, and overseers.l) Resource rent — the difference between the
value of the products produced from harvesting a publicly owned resource
less the cost of producing it, where cost includes the normal return to
capital and normal return to labor.m) Department — the Department of Agriculture.
n) Secretary — the Secretary of the Department of Agriculture.
o) Bureau — the Bureau of Fisheries and Aquatic Resources.
p) Director — the Director of the Bureau of Fisheries and Aquatic Resources.
SECTION 2. License to Operate a Commercial Fishing Vessel/Gear.
— No person shall operate a commercial fishing vessel in Philippine
waters without a license duly granted by the Bureau: Provided, That no
such license shall be required of a fishing vessel engaged in
scientific, research or educational purposes within Philippine waters
pursuant to an international agreement in which the Philippines is a
signatory and which agreement defines the status, privileges, and
obligations of said vessel and its crew and the non-Filipino official of
the international agency under which said vessel operates, Provided
further, that before a commercial fishing vessel holding a commercial
vessel license may begin fishing operations, the fishing gears that will
utilizes in fishing shall be registered and the corresponding license
issued by this Bureau.SECTION 3. Persons Eligible to Apply for CFVGL
a) Citizen of the Philippines; and
b) Corporations, partnerships, or associations and
cooperatives duly registered in the Philippines at least sixty percent
(60%) of the capital stock of which is owned by Filipino citizens.SECTION 4. Application for CFVGL . — An
application for a license shall be filed with the Office of the
Director, or the Fisheries Regional Office or the Provincial Fishery
Office which has jurisdiction over the homeport of the vessel.SECTION 5. Requirements for the Issuance of a New Commercial Fishing Vessel License:
a) Duly accomplished BFAR application for fishing vessel license;
b) Two (2) copies of 8” x 10” vessel picture showing the port, starboard and name of the vessel;
c) Grid map indicating the proposed fishing ground/s;
d) Original or authenticated photocopy of the following:
d.1) Certificate of Vessel Registry (CVR);
d.2) Certificate of Ownership (CO); and
d.3) Current Certificate of Inspection (CI).e) Approved Articles of Incorporation and By-Laws for
corporation, the primary or secondary purpose of which is to engage in
fishing, or business name registration, certificate for single
proprietorship or partnership to accompany the first vessel of the
applicant to be licensed; andf) Fishing logbook for catcher vessel for registration
and approval by BFAR upon payment of registration fee of fifty pesos
(P50.00).SECTION 6. Requirements for the Issuance of a Gear License
a) Duly accomplished BFAR registration forms for gear license (2 copies);
b) Drawing of gear design and its specifications, showing the mouth, body and bunt/bag of the fishing gear;
c) Official Receipt of CFVL fee; and
d) Official Receipt of Fishing Gear Registration (FGR) fee.
SECTION 7. Inspection of Fishing Vessel and Fishing Gear.
— The inspection of fishing vessel (catcher) and fishing gear shall be
annual and the request shall be made three (3) days before the said
actual inspection.SECTION 8. Application and Registration Fees.
— The application for Commercial Fishing Vessel License (CFVL) and the
registration of the fishing gear (RFG) shall be Four Hundred (P400.00)
and Two Hundred (P200.00) pesos, respectively, payable to the Bureau
which is non-transferable and non-refundable.SECTION 9. Licenses and Registration Fees . — The annual license fee shall be payable to the Bureau in accordance with the following rates:
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a. For Commercial Fishing Vessel License: |
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1) For vessels of 3.1 to 20.0 gross tons |
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P200.00 + P2.00/GT or a fraction thereof |
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2) For vessels of 20.1 to 50.0 gross tons |
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P250.00 + P2.00/GT or a fraction thereof |
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3) For vessels of 50.1 to 100.0 gross tons |
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P300.00 + P2.00/GT or a fraction thereof |
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4) For vessels of 100.1 to 125.0 gross tons |
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P500.00 + P3.00/GT or a fraction thereof |
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5) For vessels of 125.1 to 150.0 gross tons |
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P1,000.00 + P3.00/GT or a fraction thereof |
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6) For vessels of 150.1 to 250.0 gross tons |
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P1,500.00 + P3.00/GT or a fraction thereof |
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7) For vessels of 250.1 and above |
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P2,500.00 + P4.00/GT or a fraction thereof |
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b) For Gear License: |
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1) Small-scale commercial fishing |
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P200.00 per year |
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2) Medium-scale commercial fishing |
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P400.00 per year |
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3) Large-scale commercial fishing |
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P600.00 per year |
SECTION 10. Cash Bond Deposit for Fishing Vessel
. — Before a license is issued, the applicant, as guaranty of good
faith and for satisfactory compliance with the terms and conditions of
the license, shall post a cash bond deposit to the Bureau which shall be
non-transferable in accordance with the following rates:
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a) For vessels of 3.0 to 20 GT |
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P250.00 |
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b) For vessels of 20.1 to 50 GT |
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P350.00 |
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c) For vessels of 50.1 to 75 GT |
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P450.00 |
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d) For vessels of 75.1 to 100 GT |
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P550.00 |
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e) For vessels of 100.1 to 150 GT |
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P650.00 |
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f) For vessels of 150.1 to 250 GT |
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P750.00 |
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g) For vessels of 250.1 to 500 GT |
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P850.00 |
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h) For vessels of 500.1 GT and above |
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P950.00 |
SECTION 11. Forfeiture of Cash Bond Deposit . — The Director may forfeit the cash bond deposit in favor of the government upon the cancellation of the license for cause.
SECTION 12. Refund of Cash Bond Deposit. — A
cash bond may be refunded upon the request of the licensee, the
assignees, heir/s or administrators upon the submission of the original
Official Receipt therefor, to the Director together with the letter
citing the reason for such refund. In case of loss of said Official
Receipt, an Affidavit declaring the circumstances of such loss may be
submitted in lieu thereof together with the said letter.SECTION 13. Surrender of CFVGL . — The CFVGL
should be surrendered at any point when the fishing vessel is being used
for purposes other than fishing or converted to other activity.SECTION 14. Validity of Licenses. — The CFVGL
shall be valid for a period of three (3) years to commence from the
date of issuance of the license unless suspended, revoked, terminated or
cancelled sooner for cause.SECTION 15. Renewal of CFVGL. — The license
may be renewed within sixty (60) days before its expiration, subject to
the submission of the following requirements:a) Duly accomplished BFAR application forms for CFVGL;
b) Original or authenticated copy of current/valid
Certificate of Inspection (CI) issued by MARINA/Philippine Coast Guard.c) Fishing logbook report/catch effort report.
d) Duly notarized Certification/Affidavit from the
company that the vessel is not involved in any administrative and/or
judicial case;e) Annual Inspection Report; and
f) Official Receipt of payment for CFVGL.
g) An affidavit stating the operator has complied with Section 25 of RA 8550.
The renewal of CFVGL of fishing vessel whose homeport is within
the jurisdiction of a particular Regional Office shall be filed at the
said Fisheries Regional Office. However, prior to the renewal of the
CFVGL, the fishing vessel shall be made available for inspection by BFAR
in case the vessel is in Metro Manila and in the BFAR Regional Office
if the vessel is in the Region.SECTION 16. Display of the CFVGL. — The
original/certified true copies of the CFVGL shall be framed and
exhibited in conspicuous places aboard the fishing boat, ready for easy
inspection by fishery law enforcers. An additional duplicate copy of the
original CFVGL shall henceforth, be issued as the owner’s copy.SECTION 17. Report of Transfer of Ownership. —
The owner/operator of a duly licensed commercial fishing vessel shall
notify the Department thru BFAR in writing of the transfer of the
ownership of the vessel and/or gear with a copy of such document within
ten (10) days after its transfer to another person who is qualified to
own the same.SECTION 18. Limitation on the Transfer, Lease, or Assignment of Interest
. — The licensee of any fishing vessel and gear involved in any
judicial or administrative case shall not transfer, lease or assign his
interest thereon during the existence of the case.SECTION 19. Fishing by Philippine Commercial Fishing Fleet in International Waters
. — Fishing vessels of Philippine registry which have been licensed to
operate within the Philippine waters, may operate in international
waters or waters of other countries which allow such fishing operations,
Provided, That they comply with the safety, manning, and other
requirements of the Maritime Industry Authority and other agencies
concerned. Provided, However, That they secure an international fishing
permit and Certificate of Clearance from the Bureau, and that the fish
caught by such vessels shall be considered as caught in Philippine
waters and therefore, not subject to all import duties and taxes only
when the same are landed in duly designated fish landings and fish ports
in the Philippines.The permit to fish in international waters shall be valid for a
period of three (3) years to commence from the date of its issuance
unless suspended, revoked, terminated or cancelled sooner for cause.SECTION 20. Requirements for International Fishing Permit and Certificate of Clearance.
a) Must be an owner/operator of a Commercial Fishing Vessel, duly issued with a CFVGL;
b) Letter of intent to fish in international waters;
c) Duly accomplished BFAR application form;
d) Original copy of the CFVGL;
e) Application Fee of P1,000.00; and
f) Permit Fee of P1,500.00SECTION 21. Importation of Fishing Vessels or Construction of New Fishing Boats.
— Prior to the importation of fishing vessels and the construction of
new fishing vessels, the approval/clearance of the Bureau must be first
obtained.SECTION 22. Keeping of Record Books of Fish Catch
. — The owner, licensee, master, or any person-in-charge of a fishing
vessel shall have a record book on board the boat reflecting the fish
catch, fishing area, the quantity in tubs/boxes or other containers in
kilograms of fish catch, spoilage, landing point, transshipment and/or
other means of disposal for a period of five (5) years from the last
entry. These entries and notations shall be made within twenty-four (24)
hours after the catch was made and shall be written legibly in ink or
ballpen.SECTION 23. Registration of Record Book. — The
record book mentioned in the preceding section shall be registered with
their pages numbered consecutively and kept intact with no missing
pages/numbers and shall be presented to the Director or his duly
authorized representatives for registration upon payment of the
registration fee of Fifty (P50.00) pesos for each book. Such approval
shall be so indicated in the inner side of the cover opposite the first
page thereof as follows:Approved in accordance with the Fisheries Administrative Order No. ______ consisting of _____ pages.
Director of Fisheries and Aquatic Resources
Registration Fee: ____
O.R. No. _________
Date: ____________SECTION 24. Inspection of Record Books . —
These record books shall be kept on board the fishing vessel at all
times and to be presented upon demand by duly authorized fishery law
enforcers except when the boat is drydocked or undergoing repairs and
therefore not operating.SECTION 25. Restrictions on Commercial Fishing
. — No commercial fishing vessel shall operate in Philippine waters
declared as reserved or restricted areas under existing fishery laws,
rules and regulations.SECTION 26. Obstruction in the Performance of Official Duty.
— The Director or any duly authorized fishery law enforcement officer
in the performance of his official duties, shall not be obstructed or
hindered from lawfully boarding fishing vessels, whether licensed or
not, for the purpose of inspecting the fish holds or boxes containing
fish or fishery/aquatic products and investigating persons found
therein.SECTION 27. Taking of Fish Samples for Examination
. — The owner, licensee, master, patron, or any person-in-charge of the
fishing boat or the possessor in places other than a fishing vessel
shall allow duly deputized fishery law enforcement officers to take fish
samples in quantity of not more than one (1) kilo, or only (1) fish if
it weighs more than a kilo, for an on-the-spot or scientific examination
to determine whether the same was caught by means of explosives, or by
poisonous or obnoxious substances. The receipt of the samples identified
in its vernacular, English and/or scientific names, shall be
countersigned by the owner, possessor thereof.SECTION 28. Certificate of Clearance. — No
fishing boat shall depart from its homeport or any port of departure to
the fishing ground without first securing the prescribed Certificate of
Clearance either from the Regional Office or Provincial Office. A
Certificate of Clearance shall only be issued upon actual inspection and
verification of the fishing vessel.SECTION 29. Clearance Fee . — A Certificate of
Clearance shall be valid for a period of one (1) month from the date of
issuance, with a fee of One Hundred Pesos (P100.00) regardless of
tonnage and number of voyage.SECTION 30. Fishworker Identification Card. —
The fishworker identification card shall be issued by the Regional
Director fee of charge upon submission of the following requirements:
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a) Community Tax Certificate; |
c) Barangay clearance. |
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b) 2 copies of 1” by 1” picture; and |
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SECTION 31. Grounds for Cancellation or Revocation of the CFVGL. — The CFVGL shall be subject to cancellation or revocation on any of the following grounds:
a) Violation of any existing fishery laws, decree, letter of instructions or its implementing rules and regulations;
b) Non-compliance with the terms and conditions of the license;
c) False or fraudulent statements in the application thereof by the applicant or his representative; and
d) When public interest so requires.
SECTION 32. Penalty Clause . — Any commercial
fishing vessel captain or the three (2) highest officers of the vessel
who commit any of the above prohibited acts upon conviction shall be
punished by a fine equivalent to the value of catch or Ten Thousand
Pesos (P10,000.00) whichever is higher and imprisonment of six (6)
months, confiscation of catch and fishing gears and automatic revocation
of the CFVGL.SECTION 33. Repealing Clause . — All existing
administrative orders, rules and regulations which are inconsistent with
the provisions of this order are hereby repealed.SECTION 34. Effectivity . — This
Administrative Order shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in two (2) newspapers of
general circulation.
Adopted: 23 Feb. 2000
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(SGD.) EDGARDO J. ANGARA |
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Recommended by: |
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(SGD.) MALCOLM I. SARMIENTO, JR. |
(SGD.) CESAR M. DRILON, JR. |