FISHERIES ADMINISTRATIVE ORDER NO. 192, S. 1997, February 18, 1997
STRENGTHENING OF THE FISHERIES QUARANTINE SERVICE (FQS) IN THE BUREAU OF FISHERIES AND AQUATIC RESOURCES AND IN THE DEPARTMENT OF AGRICULTURE REGIONAL FIELD UNITS, AND PRESCRIBI…
Sec. 5 (c) of Executive Order No. 116, the Fisheries Quarantine Service
at the Bureau of Fisheries and Aquatic Resources and at the DA Regional
Field Units shall be strengthened and shall be governed by the following
rules, regulations, and procedures:
SECTION 1. Definition of Terms . — As used in this Order, the following terms and phrases are defined as follows:
a. Secretary — refers to the Secretary of the Department of Agriculture
b. Director — refers to the Director of the Bureau of Fisheries and Aquatic Resources
c. Regional Director — refers to the Regional Director of the Department of Agriculture Regional Field Unit
d. fish and fishery products —
fish includes all fishes and other aquatic species such as crustaceans
(crabs, prawns, shrimps, and lobsters), mollusks (clams, mussels,
scallops, oysters, snails and other shellfish); fishery products include
all other products of aquatic living resources in any form, but not
limited to seaweeds, fish meals, squalene, blubbers, etc.
e. fish pests and diseases —
refers to all organisms capable of doing damage to, undermining the
health of, or causing death, or any pathogenic agent injurious to fishes
and other fishery products, and concomitantly, to human health
f. quarantine —
refers to a place of isolation and/or the act of isolating in an effort
to prevent the introduction into, the dissemination from one area to
another within the Philippine territory of pests and diseases of fish
and fishery products
g. fisheries quarantine — refers to
the action/ procedures in an effort to prevent the introduction into,
the dissemination from one area to another within the territory of the
Philippines of pests and diseases of fish and fishery products
h. port/port of passage
— refers to any airport and/or seaport open to both foreign and
domestic movement/trade of aquatic animals and other fishery products.
The term includes principal ports and sub-ports for such movement/trade
i. Fisheries Quarantine Service — refers to the unit established within any port of passage that will implement fisheries quarantine functions
j. Fisheries Quarantine Officer — refers to any
person designated and/or appointed by the Secretary of Agriculture who
will implement fisheries quarantine functions
k. exportation — refers to the act of transporting fish and fishery products from a Philippine port to a foreign port
l. importation — refers to the act of bringing into the Philippines of foreign fish and fishery products
m. in transit/transshipment —
refers to those fish and fishery products brought into any port in the
Philippines but are not intended for landing at the said port
n. inspection/boarding — refers to the control carried out by the Fisheries Quarantine Officer in implementing fisheries quarantine functions
o. carriers — refers to those aircraft, seacraft,
and land-based transportations used for the movement/trade of fish and
fishery/aquatic products
p. quarantine facilities — refers to permanent
structures in importer’s or exporter’s premises approved by authorized
personnel of the Director or Secretary of Agriculture set to accommodate
fisheries quarantine measures and/or requirements
SECTION 2. Composition and Structure . — The
Fisheries Quarantine Service (FQS), established by the Department of
Agriculture, at any port of passage, shall be composed of the following,
but not limited to:
1. Chief of the Fisheries Quarantine Service
2. Assistant Chief of the FQS
3. Two (2) Fisheries Quarantine Officers
SECTION 3. Appointment and Designation of Fisheries Quarantine Officers
. — The Secretary of the Department of Agriculture, being the Chief
Quarantine Officer, shall appoint and designate Fisheries Quarantine
Officers upon recommendation of the concerned Regional Director of the
Department of Agriculture, in consultation with the Director of the
Bureau of Fisheries and Aquatic Resources.
The concerned Regional Field Unit of the Department of Agriculture
shall provide the administrative supervision and control of the
Fisheries Quarantine Service in their area, while the Bureau of
Fisheries and Aquatic Resources shall provide the technical supervision
of all Fisheries Quarantine Service units through the promulgation of
Fisheries Quarantine Orders and Guidelines.
SECTION 4. Functions. — The Bureau of
Fisheries and Aquatic Resources, through its Regulatory and Quarantine
Division (RQD), shall have the following functions:
a. Formulate and recommend policies, rules and regulations on fishery quarantine, evaluate and monitor their implementation;
b. Develop guidelines and procedures on fishery quarantine
operations, in consultation with the regional FQS units and appropriate
technical divisions/ sections of the BFAR;
c. Coordinate fishery quarantine and inspection activities in the regional FQS units;
d. Formulate training programs and conduct trainings on fisheries quarantine
e. Perform such other functions as may be directed by the Secretary of Agriculture and with the Director of BFAR
The Fisheries Quarantine Service of the DA Regional Field Units shall have the following functions:
a. Implement quarantine laws, rules, and regulations;
b. Assist in the formulation of guidelines and procedures related to quarantine operations;
c. Conduct fisheries quarantine and inspection of all fish and
fishery products, including the boarding and inspection of their
carriers coming into and going out of the country, be air or water
transport, in order to detect the presence of fish pests and diseases,
and to enforce the provisions of the Fisheries Quarantine Orders and
Guidelines, and other fishery rules, laws, and regulations;
d. Implement the provisions of international fishery agreements for the movement/trade of fish and fishery products;
e. Quarantine fish and fishery products determined or suspected to be
carrier of pests and/or afflicted with diseases, and take the required
measures in their disposition;
f. Enforce the provisions of fishery laws prohibiting the
importation/entry of certain fish and fishery products as provided by
law;
g. Coordinate fisheries quarantine and boardings/inspections within their ports and with other ports;
h. Undertake or recommend, as the case may be, such necessary actions
as would ensure the prevention of entry of fish and fishery products
determined to be infected with pests and diseases;
i. Collect necessary fees and charges prescribed by law in the performance of fisheries quarantine functions;
j. Cause the disposal and condemnation of fish and fishery products
pursuant to the provisions of pertinent quarantine rules and
regulations; and,
k. Perform such other functions as may be directed by the Director and/or the Secretary of Agriculture.
SECTION 5. Coverage. — This Order shall cover the following:
a. Exportation of fish and fishery products. — The Fisheries
Quarantine Officer (FQO) shall inspect, certify, and authorize the
movement/trade of fish and fishery products in accordance with existing
fishery regulations and/or international trade requirements.
b. Importation of fish and fishery Products. — The FQO shall inspect
all imported fish and fishery products and determine whether such
importations are in accordance with existing laws, covered with the
required documents, and are free from pests and diseases.
c. Media that are potential carriers of pests and diseases of fish
and fishery products. — Quarantine inspection and requirements also
cover other forms of plant and animal life, including packing materials
and other media that are capable of harboring fishery pests and
diseases.
d. Transport of fish and fishery products in transit. — A clearance
from the Fisheries Quarantine Service having jurisdiction of the port in
transit is required.
e. Domestic movement of fish and fish products. — Domestic movement
of fish and fishery products, whether thru sea, air, and land shall be
subject to quarantine inspection and its applied procedures. Such
movements shall require a Quarantine Clearance from the port of origin.
The issuance of a Quarantine Clearance shall certify that the fish and
fishery product in transport is safe, not contaminated with pests and
diseases, not in contravention with laws/regulations on trade of
endangered/prohibited fish and fishery products. Enforcement of domestic
quarantine measures should be undertaken in coordination with the local
government unit concerned.
f. Food provision of vessel crew. — Food provision of the vessel,
which may endanger the life and limbs of the passengers and crew, shall
be subject to quarantine inspection.
g. Prohibited and regulated fish and fishery products. — Fish and
fishery products, including their derivatives, protected under local
laws and international agreements wherein the Philippines is a
signatory, shall be subject to quarantine inspection.
SECTION 6. Rules and Regulations on Fish Quarantine.
a. All incoming (imported) live aquatic species and organisms are
required to undergo quarantine inspection for determination of presence
of diseases and pests. This requirement also applies to fresh/frozen and
processed fish and fishery products
b. Fisheries Quarantine Service units shall charge quarantine service
fees as provided in existing laws provided for the purposes.
SECTION 7. Duties of Importer and Exporter . —
Fishery product importers, exporters, or their duly authorized
representative/s shall submit a declaration to the Director and/or the
Secretary of Agriculture or their duly authorized representative/s at or
before the time of entry/embarkation of fish and fishery products for
importation or exportation. Such declaration shall indicate the name and
address of the consignor/consignee; the purpose of
importation/exportation; kind/nature and quantity/volume of the
commodity; the source country or locality; place and date of unloading
or embarkation; and, the registered name of carriers transporting the
consignment. This information will serve to determine the appropriate
fisheries measures to be undertaken.
SECTION 8. Entrance and Clearance of Carriers.
— The owner, operator, agent, or master of carriers plying
international and/or domestic routes are hereby required to serve notice
of arrival and departure, and provide inward and outward cargo
manifests and other declarations of said carriers to the Fisheries
Quarantine Service at the port concerned.
SECTION 9. Non-Liability Clause . — All
charges for storage, demurrage, cartage, labor, and delays incidental to
inspection of aquatic animals and fishery products, including cost of
disinfection or disinfestation, and other port of entry requirement,
shall be the responsibility of the importer or exporter, as the case may
be. Provided, That the Department of Agriculture and/or its authorized
representative/s shall not be held liable for damages to the commodity
in the course of implementing this Order.
SECTION 10. Claim for Overtime Services. — The
services of Fisheries Quarantine Officers performed outside of the
prescribed office hours, and the reimbursement of meal, transportation,
lodging, and other incidental expenses shall be chargeable to party or
parties served at rates to be prescribed by the Secretary of
Agriculture.
SECTION 11. Accreditation of Fish Quarantine Facilities Other Than Those Operated by BFAR and DA Regional FQS. —
To provide for an effective quarantine service by ensuring
accommodation of fish and fishery products for quarantine purposes, the
BFAR and DA Regional Fisheries Quarantine Service units may accredit
fish quarantine facilities operated by institutions and private
entities. For this purpose, the DA Regional Director shall identify the
prospective quarantine facility. The BFAR will then conduct a technical
evaluation of the facilities, the result of which will then be forwarded
to the Secretary of Agriculture for approval/disapproval.
SECTION 12. Penalty . — Any violation of this
Order shall subject the offender to a fine of from Five Hundred Pesos
(P500.00) to Five Thousand Pesos (P5 ,000.00), or imprisonment of from
six (6) months to four (4) years, or both such fine and imprisonment at
the discretion of the court. Provided, however, that the Director of
Fisheries and Aquatic Resources or the Regional Director of the
Department of Agriculture or his duly authorized representative, is
hereby empowered to confiscate, kill/destroy, and dispose illegally
imported aquatic animals and fishery products, particularly those
afflicted with diseases or pests considered harmful to the country’s
aquatic resources, as well as in the inspection of food provision of the
vessel which may endanger the life, and limbs of the passengers and
crew.
SECTION 13. Repealing Clause. — All orders, rules and regulations inconsistent with this Order are hereby revoked and amended accordingly.
SECTION 14. 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: 18 Feb. 1997
|
(SGD.) SALVADOR H. ESCUDERO III
Secretary |
|
| Recommended by: |
(SGD.) DENNIS B. ARAULLO
Director, Bureau of Fisheries and Aquatic Resources |