REVISED GUIDELINES FOR THE ACCREDITATION, REGULATION AND MONITORING OF LIVE FISH CATCHING, CULTURE, TRANSPORT AND TRADING IN PALAWAN

Pursuant to PCSD Resolutions Nos. 98-118, as amended by 98-124, and
further amended by 99-142 requiring all live fish catchers, fish cage
operators, traders and carriers in Palawan to obtain permit or
accreditation from PCSD, PCSD Administrative Order No. 99-03 was issued
on August 20, 1999 and took effect on November 16, 1999. The initial
implementation of the Administrative Order saw the need to revise some
of the provisions as follows:

SECTION 1.       Definition of Terms — As used in this Order, the following terms shall be defined and/or construed, as indicated below:

1.1       Bureau of Fisheries and Aquatic Resources-Department of Agriculture (BFAR-DA) — as defined in R.A. 8550

1.2.      Catcher of Live Fish — Any entity primarily engaged in catching live fish from the wild regardless of size, for commercial purposes.

1.3       Carriers of Live Fish — Any entity,
except common carriers, involved in that ransport of live aquatic
(freshwater or saltwater) products from any point within Palawan.
Transport facility include aircraft, seacraft, and land based
transportations used for the movement/trade of live fish.

1.4       Certificate of Accreditation — A
certificate issued by the CPSD to a catcher, trader or carrier of live
fish or to fish cage operator upon the latter’s compliance to the
requirements enumerated in Section 2 of this order.

1.5       Common Carriers — are carriers that
hold themselves out or undertake to carry persons or goods of all
persons indifferently, or of all who choose to employ it or one who
holds out to the public as engaged in business of transportation of
persons or property from place to place for compensation, and who offers
services to the public generally.

1.6       Fish Cage Operator — Any entity engaged in the business of culturing and breeding of live fish for commercial purposes.

1.7       Fisherfolk Organization — An
organized group, association, federation, alliance or an institution of
fisherfolk who has at least fifteen (15) members, a set of officers, a
constitution and by-laws, an organizational structure and a program of
action.

1.8       Live Fish — for purpose of this
administrative order pertains to all kinds of fish species including
lobster which are stupefied or breathing but not necessarily moving.

1.9       Local Government Unit — municipal level as defined in R.A. 7160.

1.10    Multi-Partite Monitoring Team — a
municipal wide monitoring body composed of representatives from the
local unit of Bureau of Fisheries and Aquatic Resources – Department of
Agriculture (DA-BFAR), local-government unit, the Palawan Council for
Sustainable Development Staff, the Philippine Coastguard, and the
Philippine National Police-Maritime and other concerned entities, and
shall be headed by the BFAR-DA representative. The monitoring team is
responsible for monitoring the implementation of the provisions of this
Administrative Order.

1.11    Palawan Council for Sustainable Development (PCSD) — as defined in section 16 of R.A. 7611.

1.12    Palawan Council for Sustainable Development Staff (PCSDS) — as defined in section 20 of R.A. 7611.

1.13    Port — refers to any airport and/or
seaport open to both foreign and domestic movement/trade of live fish.
The term includes principal ports and sub-ports for such movement/trade.

1.14    Sangguniang Bayan — as defined in R.A. 7160.

1.15    Sangguniang Pambarangay — as defined in R.A. 7160.

1.16    Traders of Live Fish — Any entity involved in the business of buying and/or selling live aquatic (fresh or saltwater) products.

SECTION 2.       Filing of Application for Accreditation —
Applicants seeking accreditation shall submit the following documents
to the PCSDS as basis for evaluation of the application:

2.1       Catchers of Live Fish

a.         Brief description of the project to include the following information:

i.        Type and purpose of the project
ii.       The areas of operation (sitio, barangay, municipality)
iii.      Project Cost
iv.      Location and present condition (sandy substrate, coral
reef area, etc.) of the sites where live fish are to be caught,
including location map of area of operation indicating the names of
adjacent water bodies and landmarks
v.       Project Operation

– Type of fish or marine products to be caught
– Method to be used or to be employed in capturing the fish alive
– Stocking time prior to transport
– Marketing

b.         Resolution of endorsement from the Sangguniang Bayan
of each municipality where catching shall be undertaken and Sangguniang
Pambarangay of each Barangay where fish cages used for temporary
stocking purposes were established.

c.         Written commitment using the attached Letter of
Commitment format (Attachment A) to submit to PCSD a monthly report
(Attachment B) indicating the following data:

i.        Date fish was caught
ii.       Species caught
iii.      Site where live fish were caught or sourced (indicate name of bay, barangay and municipality)
iv.      Volume caught and/or harvested, and sold per species and places of sale;
v.       Method of catching
vi.      Name and address of buyer.

d.         Certification from BFARMC Chairman indicating the
source/origin of fish and stating that the method used in catching is
non-destructive.

2.2       Traders of Live Fish

a.         Brief description of the project to include:

i.        Type and purpose of the project
ii.       Target monthly volume to be traded
iii.      Project Cost
iv.      Location/areas (sitio, barangay, municipality) of
operation, location map of area of operation indicating the name of
adjacent water bodies and landmarks)
v.       Project operation

– Type of fish or marine products to be traded
– Methods of fishing employed by the catcher/seller in capturing the live fish
– Areas where live fish are to be brought
– Marketing

b.         Resolution of endorsement from the Sangguniang Bayan
of each municipality and Barangay where trading (both buying and
selling) shall be undertaken;

c.         Written commitment (Attachment C) to submit to PCSD
every first week of each month the following documents indicating
information on every trading transaction made during the preceding
month.

i.        Monthly report (Attachment D) indicating the following data:

– Date of Trading
– Site where fish was caught by the catcher-source
– Method of catching used by the catcher-source
– Volume (kg and number) per species of live fish bought from the catcher-source
– Volume (kg and number) per species sold by the
trader/proponent and place of sale and name and address of buyer(s) who
purchased from the proponent/trader

ii.       Photocopy of the Auxilliary Invoice issued by the
Municipal Government for all live fish traded within the month; and
iii.      Verified photocopy of the Certification from any
government recognized Cyanide Detection Test laboratory stating that the
live fish being traded is cyanide-free.

d.         Certification from BFARMC Chairman indicating the
source/origin of fish and stating that the method used in catching is
non-destructive.

e.         Zoning Clearance from the Municipal Planning and
Development Office of the Municipality permitting said activity in the
area

2.3       Carriers of Live Fish

a.         Brief description of the project to include the following information:

i.        Type of project
ii.       Purpose of the project/target monthly volume to be transported
iii.      Area of operation

– Port of origin(s)
– Port of destination(s)

iv.      Project Cost
v.       Project operation

– Type of live fish to be transported
– Monthly volume of live fish to be transported
– Mode of packaging

b.         Resolution of endorsement from the Sangguniang Bayan of each municipality where the carrier shall operate;

c.         Written commitment (Attachment E) to submit to PCSD
every first weel of each month the following documents indicating
information on every trading transaction made during the preceding
month;

i.        Monthly report (Attachment F) indicating the date
when live fish was transported; kinds/types of fish species and the
corresponding volume transported; name and address of consignor; name
and address of consignee; place of origin and destination of shipment
ii.       Verified photocopy of Certification from the
Multi-partite monitoring team or any government recognized Cyanide
Detection Test Laboratory stating that the live fish being transported
is cyanide-free.
iii.      Verified photocopy of the Auxilliary Invoice issued by
Municipal Government to the consignor or shipper of live fish

d.         Copy of Air Transportation Office (ATO)/Maritime
Industry Authority (MARINA)/Coast Guard Registration of the carrier.

2.4       Culture of Live Fish

a.         Brief description of the project to include

i.        Type and purpose of the project
ii.       Area of operation (sitio, barangay, municipality)
iii.      Project Cost
iv.      Present condition of the project site (substrate,
presence of seagrass and corals, marine water, etc.) where fish cages
are to be established, including a sketch map of the area noting
adjacent bodies of water and landmarks.
v.       Project operation

– Species of fish species to be cultured
– Construction/size of cages
– Stocking density
– Feeding Pattern
– Maintenance
– Harvesting
– Marketing

vi.      Impact of the project
vii.     Mitigating/Enhancement Measures
viii.    Abandonement Plan

b.         Sketch design of proposed fish cages

c.         Resolution of endorsement from the Sangguniang Bayan
of each municipality and each barangay where fish cages were
established.

d.         Written commitment (Attachment G) to submit to PCSD
every first week of each month a monthly report (Attachment H)
indicating the following data:

i.        Date and type of fingerlings cultured and the corresponding volume (number)
ii.       Name and address of catcher/source of fingerlings, method used in catching
iii.      Volume (piece/kg) of fish sold in the preceding month
iv.      Number of remaining fish per compartment
v.       Name and address of buyer

e.         Zoning Clearance from the Municipal Planning and
Development Office of the Municipal allowing the establishment of fish
cages in the area.

f.          Certification from BFARMC indicating the
source/origin of live fish and stating that the method used in catching
the fingerlings is non-destructive.

SECTION 3.       Processing Fee — The proponent shall pay
the PCSD, through the PCSDS, the applicable processing fee as provided
for in PCSD Administrative Order No. 02 Series of 1999, as amended by
PCSD Administrative Order No. 00-04, series of 2000.

SECTION 4.       Evaluation and Approval — The PCSDS
shall conduct an evaluation of the documents submitted by the proponent
and field evaluation. Upon confirmation of the adequacy and veracity of
the submitted documents that PCSDS shall submit its recommendation to
the PCSD. Thereafter, the PCSD shall either approve or deny the
application.

SECTION 5.       Monitoring — The Multi-partite
Monitoring Team, as defined in section 1.10, shall be organized by PCSD
to conduct monitoring activities pertaining to the implementation of
this Administrative Order. A cyanide detection equipment to be provided
by the DA-BFAR shall be the main monitoring tool of the monitoring team.
An appropriate monitoring system shall be formulated by the monitoring
team for concurrence by the concerned parties.

SECTION 6.       Airline and Shipping Companies and Other Common Carriers
— Airline, shippine companies and other common carriers other than
carriers of live fish as defined in this Administrative Order shall
require the shipper copies of the following documents prior to the
acceptance of shipment:

i.        Mayor’s permit
ii.       Auxilliary Invoice
iii.      PCSD Accreditation

SECTION 7.       General Provision — In the case of the
City of Puerto Princesa, live fish as defined in Section 1 of this Order
shall apply only to those permitted under Section 4 of Ordinance 110 of
the City of Puerto Princesa.

In the case of other municipalities in Palawan, live fish as
defined in Section 1 of this Order shall apply only to those permitted
under Section 3 and 4 of Provincial Ordinance No. 332, series of 1998 of
1998 of the Provincial Government of Palawan.

SECTION 8.       Prohibition, Commitment and Penalties —

8.1       Prohibition — No culture, catching,
trading or transport of live fish species defined in this Order shall be
undertaken without the prescribed PCSD accreditation.

8.2       Commitment — All accredited live fish
catcher, fish cage operator, trader or carrier shall comply with the
terms and conditions of the Letter of Commitment submitted to the PCSD.

8.3       Fine — Violations of Section 8.1 and
8.2 of this Order shall be subject to a fine of FITY THOUSAND PESOS
(P50,000) for each violation, without prejudice to the filing of
appropriate administrative, civil or criminal cases, if there is
evidence showing violation of other laws, rules or regulations.

8.4       Forfeiture — Conveyances used and
live fish caught and other objects used by any catcher, fish cage
operator, trader or carrier operating in violation of Sections 8.1 and
8.2 of this Order shall be confiscated and forfeited in favor of the
government. The disposition of confiscated items shall be subject to
existing rules and regulations on forfeiture.

SECTION 9.       Effectivity — This order shall take effect 30 days following its complete publication in a newspaper of general circulation in Palawan.

So Ordered.

Adopted: 25 Feb. 2000

(SGD.) ALFREDO E. ABUEG, JR.
Deputy Speaker, House of Representatives
Chairman, Palawan Council for Sustainable Development