GUIDELINES ON FISH TRANSSHIPMENT
following guidelines on the transshipment of fish caught outside
Philippine waters by foreign fishing vessels are hereby promulgated for
compliance by all concerned:
SECTION I. OBJECTIVES . — This set of
guidelines aims to carry out and implement various functions of
government agencies relative to fish transshipment activities like entry
and berthing of foreign fishing vessels, fish unloading, processing,
and eventual transshipment of fish and its by-products to the foreign
markets and to facilitate and expedite the processing of the necessary
documents and other requirements relative to the transshipment operation
of the foreign fishing vessels in the Davao Fish Port Complex in Davao
City or any duly designated government-owned or –controlled regional
fishport complexes in the Philippines.SECTION II. DEFINITION OF TERMS . — As used in these guidelines, the following terms and phrases shall mean:
1. BFAR — The Bureau of Fisheries and Aquatic Resources
2. BI — The Bureau of Immigration
3. BOC — The Bureau of Customs
4. DA — The Department of Agriculture
5. DFA — The Department of Foreign Affairs
6. DFPC — The Davao Fish Port Complex
7. Foreign Fishing Vessels — Fishing Vessels registered in countries other than the Philippines.
8. Foreign Fishing Operator — One who owns and
provides the means including labor, capital, fishing gear, and vessel,
which may or may not be engaged in direct fishing duly licensed by
another country.9. LGUs — The Local Government Units.
10. LOA — The Length Over All of the Vessel
11. NQO — The National Quarantine Office
12. One Stop Action Center (OSAC) — A
multi-agency government center created pursuant to Memorandum of
Agreement duly notarized on August 8, 1996, whose principal tasks
include but not limited to the processing of documents of fishery
products that are to be transshipped to foreign markets and the
documentation of incoming and outgoing foreign vessels.13. PCG — The Philippine Coast Guard.
14. PFDA — The Philippine Fisheries Development Authority
15. PN — The Philippine Navy
16. PNP-ASG — The Philippine National Police-Aviation Security Group
17. PNP-MG — The Philippine National Police-Maritime Group
18. POEA — The Philippine Overseas Employment Administration
19. Philippine Waters — include all bodies of
water within the Philippine territory such as lakes, streams, creeks,
brooks, ponds, swamps, lagoons, gulfs, bays and seas and other bodies of
water now existing or which may hereafter exist in the provinces,
cities, municipalities, and barangays and the waters around, between and
connecting the islands of the archipelago regardless of their breadth
and dimensions, the territorial sea, the sea beds, the insular shelves,
and all other waters over which the Philippines has sovereignty and
jurisdiction including the 200-nautical miles Exclusive Economic Zone
and the continental shelf.20. Skipper — The deck officer in command of the vessel.
21. Transshipment — The process in which the fish
from foreign fishing vessel is unloaded, cleaned, classified and packed
at the DFPC or any other designated government-owned or- controlled
regional fish port complex, and transshipped by air freight to other
countries of destination.22. Transshipment Agent — any person, partnership
or corporation duly organized and existing under and by virtue of the
laws of the Republic of the Philippines, having an office inside the
premises of the DFPC, or any duly designated government-owned or
–controlled regional fishport complex, and who acts as the legal
agent/representative of the foreign fishing operator intending to
utilize the fish port facilities for the transshipment of fish caught in
international waters for foreign market destinations.SECTION III. PASSAGE. — Foreign fishing
vessels intending to call at any duly designated government-owned or –
controlled regional Fish Port for unloading of fish caught outside
Philippine waters for transshipment shall pass through the navigational
lane to be designated for this purpose. Navigational lanes for other
government-owned or – controlled regional fishports to be designated as
transshipment points shall be determined and identified through separate
Fisheries Administrative Orders accordingly.SECTION IV. TRANSSHIPMENT. — Foreign fishing
vessels wishing to avail of land, air and sea facilities available in
the Philippines to transport fishery products which are caught outside
Philippine territorial waters to its final destination shall call only
at duly designated government-owned or- controlled regional fishport
complexes after securing clearance from the Department of Agriculture,
thru the BFAR.SECTION V. ORGANIZATION OF ONE-STOP ACTION CENTER.
— A One-Stop Action Center (OSAC) shall be organized in every
designated government-owned or –controlled regional fishport complex
whose principal tasks include, but not limited to the processing of
documents of fishery products that are to be transshipped to foreign
markets and the documentation of incoming and outgoing foreign vessels.
This office shall be composed of representatives of government agencies
including the Philippine Fisheries Development Authority (PFDA), Bureau
of Customs (BOC), Bureau of Immigration (BI), National Quarantine Office
(NQO), Philippine Navy (PN), Philippine Coast Guard (PCG), PNP-Maritime
Group (PNP-MG), Philippine Overseas Employment Administration (POEA),
and the Bureau of Fisheries and Aquatic Resources (BFAR) as the lead
agency.SECTION VI. CLEARANCE . — Foreign fishing
vessels intending to call at any designated government-owned or
–controlled regional fish port complex shall first be accredited by the
BFAR and shall secure entry clearance from the Department of Foreign
Affairs (DFA) or its duly designated agency before entering Philippine
territorial waters and shall notify the Bureau of Immigration (BI) of
the name of the vessel, its registry number, its last port of call, the
names of its skipper and all its crew and their nationalities.SECTION VII. GENERAL PROCEDURES
1. Vessel Accreditation. — The transshipment agent shall
initiate the accreditation of foreign fishing vessels under their
stewardship. All applicants for accreditation shall be filed with the
designated regional fish ports. The port manager shall recommend the
application for accreditation to the Bureau of Fisheries and Aquatic
Resources in accordance with the prescribed manual of operations on the
matter.Applications for accreditation shall be accompanied by the following documents:
1.1 Name of fishing vessel, registry number, previous names, national flag and port of registry;
1.2 Applications for accreditation shall be accompanied by a 5” x 10” picture;
1.3 Name and address of owner or owners;
1.4 Name and address of operator (manager) or operators (managers);
1.5 International Radio Call Sign and Radio Frequency;
1.6 Where and when built;
1.7 Type of vessel;
1.8 Type of fishing method or methods;
1.9 Length (LOA);
1.10 Moulded depth;
1.11 Breadth;
1.12 Gross and net registered tonnage;
1.13 All applications shall be accompanied by an
accreditation fee of P5,000.00 per vessel. In addition, a departure
clearance of P100.00 shall be charged to each vessel by the BFAR;
1.14 Profile and pictures of the skipper and all its crew members for verification and derogatory investigation.The BFAR shall furnish, on a monthly basis, the pertinent bureaus the list of its accredited vessels.
2. Pre-Arrival Requirements. — Any foreign fishing vessel
intending to dock at the DFPC, or any other government-owned or
–controlled regional fish port complex as a transshipment and re-supply
point, shall, thru its duly authorized agent, notify OSAC 48 hours
before the vessel’s estimated time of arrival (ETA). The arrival notice
shall contain the following information:2.1 Name of the vessel;
2.2 Registry number of the vessel;
2.3 Accreditation no. of the vessel, if already accredited;
2.4 LOA/DRAFT;
2.5 Estimated time of arrival (date and hour);Hours should be in military form:
e.g. 1:00 AM should read 0100 HRS
12:00 Noon should read 1200 HRS
2:00 PM should read as 1400 HRS
10:00 PM should read as 2200 HRS
12:00 MN should read as 2400 HRS2.6 Exact coordinates of the Vessel when notice was transmitted;
2.7 Name and nationality of the Skipper or Boat Captain;
2.8 Number, name and nationality of Crewmen on board;
2.9 Volume of Catch by species, fishing areas and exact coordinates;
2.10 Nature of sickness and/or injuries of crew, if there is any; and
2.11 Emergency or security assistance, if needed.3. Berthing and Boarding Formalities. A foreign
vessel, upon arrival, proceeds to the space reserved or designated
quarantine anchorage for boarding formalities with a yellow quarantine
flag hoisted on its mast. Boarding formalities shall be conducted by the
authorized personnel of the NQO, BOC, BI, PCG, and BFAR Quarantine
Office. Only after a clearance has been granted by the boarding team,
may the vessel be allowed to proceed and dock at her Agent’s designated
berthing space.The BOC shall issue special permit to unload fish; special permits
to load fishing paraphernalia, parts, supplies and other provisions.The Bureau of Immigration (BI) shall be responsible for the
assignment of personnel on board said fishing vessels while at berth to
ensure that foreign nationals are guarded.To expedite the processing of the boarding formalities, the vessel’s skipper shall produce the following documents:
3.1 Outward Foreign Manifest of its Last Port of Call;
3.2 Ship’s Particular;
3.3 Crew List;
3.4 Maritime Declaration of Health and Valid Deratting Certificate;
3.5 Seaman’s Books and/or Passports of Crew;
3.6 Cargo Manifest; and
3.7 Miscellaneous Listings;Foreign fishing vessels cleared by the Boarding Team shall remain
under the custody of the BI and shall be off limits to any unauthorized
person.Upon completion of the boarding formalities, the foreign fishing
vessel shall proceed to her shipping agent’s designated berthing space.After the vessel has been securely berthed at her Agent’s
designated berthing space, the skipper of the foreign fishing vessel or
its duly authorized shipping agent shall submit to the Fish Port its
Roll Book for Entry stamping, and shall accomplish the prescribed
APPLICATION FORM for Vessel Berthing, Repair, Unloading and Loading
(BRUL).The Bureau of Fisheries and Aquatic Resources (BFAR) personnel, in
coordination with the transshipment agency and in compliance to the
Observers Programs, can send observers (Fishery Technologist/Biologist)
to board the fishing vessels after the boarding formalities to collect
fisheries data which may be useful in the formulation of policies at the
designated berthing space.4. Unloading of Fish Cargo. — Actual unloading,
cleaning, classifying, and packing of fish shall, at all times, be
witnessed by representatives of the BOC, PNP-MG, BFAR, PFDA and the
PNP-ASG. The Transshipment Agent or shipping agent shall start its
unloading operation of the Vessel’s fish cargo at their designated
berthing space only after securing a special permit to unload its cargo
from the BOC and BFAR.The Transshipment Agent shall first secure from the BOC a permit
to transship the sashimi grade tuna and other tuna-like species and
assign conduction guard for the transport of the fish to the airport.The PNP-ASG personnel shall likewise escort the fish cargo from
the Fish Port to an International Airport for aviation security
purposes.5. Loading of Vessel Provisions. — All foreign vessels
shall be allowed to load fuel provision only after securing a bunkering
permit from the Bureau of Customs. A copy of a bunkering permit shall be
furnished by the Transshipment Agent to the Fish Port Office for record
purposes.Loading of other voyage provisions like baits, water, ice and
foodstuffs shall be undertaken only when prior clearance from the OSAC,
Fish Port complex and other government agencies concerned has been
secured and the Loading Permit Form has been accomplished and submitted
to the same fish port.For monitoring purposes, Fish Port personnel shall board the
vessel berthed at the harbor basin to conduct ocular inspection of the
vessel’s fuel and water requirements.The PCG, BFAR, PNP-MG, and the PFDA port personnel shall closely
monitor the compliance of all fishing vessels at port to Anti-Pollution
and SOLAS laws.The PNP-MG shall investigate and arrest the crew members who are
on the Wanted List of the BI and other agencies and/or for any criminal
offenses/complaints that they may commit while the fishing vessel is in
the fishport complex.6. Pre-Departure Requirements. — The skipper of
the foreign vessel shall first secure a departure clearance from the
Fish Port complex. Clearance issued by the Fish Port is a pre-requisite
for the issuance of clearance by the OSAC. DFPC clearance shall only be
issued upon payment of a clearance fee of One Hundred Pesos (P100.00)
per foreign fishing vessel to the PFDA and after all regular port
charges and other accountabilities have been settled.The clearance from BI, NQO, Livestock, Plant and Fisheries
Quarantine, PFDA and POEA shall be attached to the BOC clearance. The
BOC shall issue the final exit departure clearance of the vessel.A copy of the BOC clearance of a vessel to a Foreign Port and
Outward Foreign Manifest of the departing vessel together with the
Master Oath of Safety Departure issued by the PCG shall be provided to
the Fish Port Office by the vessel’s shipping agent.Departure from the port without the necessary clearances from the
Fish Port and OSAC shall result to the disaccreditation of the vessel
and the blacklisting of the owner and the transshipment agent, without
prejudice to their criminal prosecution under immigration, labor and
other applicable laws, rules and regulations.7. Vessel Movements
7.1 Mobility of Berthed Vessels. — All vessels
berthed at duly designated government-owned or –controlled regional fish
port complexes shall, at all times, be manned by a deck officer and
engine room personnel competent to move the vessel when needed. A vessel
that cannot be moved to other berthing areas because of the absence of a
competent officer shall be towed outside of the harbor basin at the
account of the vessel captain, or the owner of the vessel or its
Transshipment or Shipping Agent.7.2 Vessels Needing Repair. — Vessels needing repair
shall first secure a permit to repair from the Fish Port office before
commencement of repairs. Due to lack of berthing area for repair
purposes, only minor repairs which could be completed within 48 hours
shall be allowed. Any vessel repair needing a longer period shall need a
special permit from the Port Manager.7.3 Sunken Vessels. — In case a vessel sinks within
the harbor basis due to causes beyond the control of the owner/operator,
the owner/operator of the Transshipment Agent shall re-float and tow
away the vessel outside the harbor basin within fifteen (15) calendar
days reckoned from the date of receipt of the notice, after which the
Fish Port management shall salvage the vessel at the account of the
owner or its shipping agents.8. Sanitation and Anti-Pollution. — The PCG, BFAR
and PFDA port personnel shall closely monitor the compliance of all
fishing vessels at port to Anti-Pollution Laws.The Fish Port Complex, BFAR, PCG, and NQO shall strictly implement
measures to maintain the cleanliness and sanitation of its harbor
facilities and the good condition of the marine environment. As such,
the following anti-pollution regulations shall be strictly followed:8.1 All foreign vessels entering a Fish Port Complex should
have proper human waste storage and disposal system on board. In the
absence of such system, all vessel personnel must use the public toilets
strategically located within the port complex. Discharging of garbage
within the harbor basin is strictly prohibited.8.2 Garbage and other inorganic wastes from the vessels shall
be properly disposed of in the garbage containers placed along the
harbor area. Discharging of human wastes within the harbor basin is
strictly prohibited.8.3 Discharge of bilged water and oil is strictly prohibited in the harbor basin.
8.4 Transshipment Agents shall provide garbage containers in
respective workplaces in the market hall for the proper disposal of
their garbage and wastes in the cleaning of tuna, and shall have the
full responsibility to observe the sanitation and hygiene practices in
the area.8.5 The penalties and sanctions provided for under the
existing pertinent pollution laws will be imposed by the Fish Port
management and the Philippine Coast Guard to violators thereof.9. Shore Pass and Immigration Guarding. — All
foreign crew intending to leave the port to secure provisions or for
rest and recreation shall secure a Shore Pass from the BI. At no
instance shall a foreign crew be allowed to leave the port premises
without a Shore Pass issued by the BI and without immigration guarding.10. Recruitment & Vessel Manning. — The POEA
shall conduct investigations regarding the working conditions and
contracts of Filipino Crew on board foreign vessels and shall encourage
more Filipinos to board these foreign vessels as crew member. The POEA
shall adopt a fast-track procedure in issuing overseas workers
employment clearance with less requirements for local hires.11. Security and Order. — The Transshipment Agent
shall be responsible for securing the properties on board foreign
vessels they service. The PNP-MG shall implement police functions on
internal security and peace and order inside the port complex and within
their jurisdictional area of responsibility. The PNP-MG shall therefore
take the lead in curbing the incidence of criminality inside the port
complex and its vicinity.SECTION VIII. PENALTY CLAUSE. — Violation of
any of the provisions of this Administrative Order shall cause the
cancellation of the accreditation of the foreign vessel and loss of
right to avail of the transshipment of its fish and fishery/aquatic
products in any Philippine port and prosecution under any applicable
Philippine laws, rules and regulations, if any there be.SECTION IX. REPEALING CLAUSE. — All previous orders that are inconsistent herewith are deemed revoked.
SECTION X. 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: 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. |