BAN OF FISHING WITH ACTIVE GEAR

Pursuant to Section 90 of R.A. 8550, this order banning fishing by
means of active gear in municipal waters, bays and fishery management
areas is hereby issued for the information, guidance and compliance of
all concerned.

SECTION 1. Scope. — This Order shall cover the
use of active gear of fishing boats whether municipal (3 gross tons or
less) or commercial (more than 3 gross tons), but not of the fisherman
such as cast net , spear, crab/shrimp lift net, hook and line, pole and
line, multiple handline, troll line, jig, man pushnet, cover pot, scoop
net/seine, bottom and drift gillnet, drift filter net, kitang longline
and beach seine.

SECTION 2. Definition. — The terms as used in this order shall be construed as follows:

a. Active fishing gear — refers to fishing devices characterized
by gear movements and/or pursuit of the fish by towing, lifting and
pushing the gear, surrounding, covering, dredging, pumping and scaring
it to impoundments such as:

1. Trawl (all kinds)	— Galagad, Norway
2. Purse seine	— Pangulong
3. Danish seine	— Hulbot-hulbot, pahulbot-hulbot, likisan, Liba-liba, palisot, patangko, bira-bira, Buli-buli, hulahoop, zipper, lampornas, etc.
4. Ring net	— Kubkob, pangulong, kalansisi
5. Drive-in net	— Pa-aling/kayakas
6. Round haul seine	— Sapyaw/lawag
7. Motorized push net	— Sudsod
8. Bagnet	— Basnig, saklit

Provided, that other active gear which may be found to
be destructive to fisheries and aquatic resources may later on be added
to this list in subsequent Administrative Order to be promulgated.

b. Fishery management area — A bay, gulf, lake, or any other
fishery areas which may be delineated for fishery resource management
purposes.

SECTION 3. Prohibition. — It shall be unlawful to
operate municipal and commercial fishing boats utilizing active gear as
enumerated in Section 2 hereof in catching fish in municipal waters,
bays and fishery management areas.

SECTION 4. Penalty. — Violation of this Order
shall subject the boat captain and master fisherman to the penalty of
two (2) to six (6) years imprisonment and the owner/operator to a fine
of two thousand (P2,000.00) pesos to twenty thousand (P20,000.00) pesos
in the discretion of the court: Provided, That in case the
owner/operator is a corporation, the penalty shall be imposed on the
chief executive officer; if a partnership, the penalty shall be imposed
on the managing partner, without prejudice to the confiscation of the
catch.

SECTION 5. Repeal. — All orders, rules and
regulations or parts thereof which are inconsistent with this order are
hereby deemed repealed or modified accordingly.

SECTION 6. Effectivity. — This Order shall take
effect fifteen (15) days after its publication in the Official Gazette
and/or in two (2) newspapers of general circulation.

Adopted: 14 Aug. 2000

(SGD.) EDGARDO J. ANGARA Secretary
Recommended by
(SGD.) MALCOLM I. SARMIENTO, JR. Director Bureau of Fisheries & Aquatic Resources	(SGD.) CESAR M. DRILON, JR. Undersecretary for Fisheries and Legislative Relations