GUIDELINES AND PROCEDURES IN IMPLEMENTING SECTION 87 OF THE PHILIPPINE FISHERIES CODE OF 1998

Pursuant to Section 87 of RA 8550 otherwise known as the Fisheries
Code of 1998 and Section 87.1 of the Department of Agriculture
Administrative Order No. 3, Series of 1998, providing for its
Implementing Rules and Regulations, and in order to effectively
implement the provisions of the said section, the following guidelines
and procedures are hereby promulgated:

SECTION 1. Definition of Terms . — As used in this Order, the following terms shall mean:

a)   Poaching — means fishing or operating any fishing vessel in
Philippine waters, committed by any foreign person, corporation, or
entity, provided that this does not include foreigners engaged in
leisure or game fishing as may be defined by the Department pursuant to
Section 86.1 of DAO No. 3, Series of 1998;

b)   Prima facie evidence — means one which establishes a fact
and unless rebutted or explained by the evidence becomes conclusive and
is to be considered as if fully proved;

c)   Philippine territorial waters — all waters from the
baselines to the outer limits described in the Treaty of Paris of 10
December 1898, the treaty concluded at Washington, D.C., between the
United States and Spain on 7 November 1900, the agreement between the
United States and the United Kingdom of 2 January 1930, and the
Convention of 6 July 1932 between the United States and Great Britain;
and described in Republic Act No. 3046 (as amended);

d)   Exclusive Economic Zone or EEZ — an area beyond and
adjacent to the territorial sea which shall not extend beyond 200
nautical miles from the baselines as defined under existing laws;

e)   Internal waters — all waters around, between and connecting
different islands belonging to the Philippine Archipelago, irrespective
of their width or dimension, are necessary appurtenances of its land
territory, forming an integral part of the national or inland waters,
subject to the exclusive sovereignty of the Philippines;

f)    Foreign fishing vessel (FFV) — a fishing vessel not duly licensed with the Philippine government.

SECTION 2. Prohibition . — It shall be unlawful
for any foreign person, corporation or entity to fish or operate any
fishing vessel in Philippine waters.

SECTION 3. Prima Facie Evidence of Poaching. —
The entry of any foreign fishing vessel in the Philippine waters shall
constitute a prima facie evidence that the vessel is engaged in poaching
in Philippine waters under the following circumstances:

a) Entry of a FFV into Philippine waters under the following circumstances:

(i)      Navigating with its fishing gear deployed and/or not stowed;
(ii)     Navigating with an irregular track or route;
(iii)    Navigating through Philippine territorial waters without
prior notice to, clearance of, or permission from the appropriate
Philippine authority;
(iv)    Navigating in a manner that does not qualify as innocent
passage nor navigating outside traditional routes or in identified
fishing grounds;
(v)     Navigating without flying its national flag.

b) When a FFV is found within Philippine waters:

(i)      Under the circumstances enumerated in the previous paragraph;
(ii)     Lying-to or anchoring without any valid reasons or
circumstances that may indicate the existence of force majeure,
distress, or for the purpose of rendering assistance to persons, ships
or any sea craft that is endangered or in distress;
(iii)    Lying-to, anchoring at, or anchoring near to or within known fishing grounds or marine protected areas.

c) When a FFV, after having been inspected within Philippine
waters, in accordance with the procedures set forth in this FAO, is
found to contain freshly caught fish on deck or in storage, corals,
mollusks.

SECTION 4. Reports by Philippine Commercial Fishing Vessels or Municipal Fishers
. — When a FFV has been reported by any person to be suspected of
poaching in Philippine waters, any of the persons authorized to enforce
this Order shall immediately take action to pursue and conduct an
inspection of the FFV in question, to determine whether it is in fact
engaged in poaching.

SECTION 5. Persons Authorized to Enforce this Order . – The following are authorized to enforce the provisions of this Order:

a) Law enforcement officers of the Bureau of Fisheries and Aquatic Resources
b) The Philippine Navy
c) The Philippine Coast Guard
d) The Philippine National Police Maritime Group
e) Law enforcement officers of the local government units
g) Duly deputized Fish Wardens of the Bureau of Fisheries and Aquatic Resources

The Secretary may deputize through the Bureau of Fisheries and
Aquatic Resources other competent government officials and employees,
the Punong Barangays of all coastal provinces, cities, municipalities,
and barangays; officers and members of the fishermen’s associations who
have undergone training on law enforcement by BFAR as Fish Wardens to
enforce the provisions of this Order, as well as all other existing and
related fishery laws, rules and regulations.

SECTION 7. Inspection and Apprehension Procedure . — The following constitute inspection and apprehension procedures:

a)   Upon receipt of a report that a FFV is engaged in poaching,
or upon sighting of a FFV under any of the circumstances enumerated
under Section 1 (a) and 1 (b), the officer/s or person/s authorized to
enforce this Order shall establish the violation, exact location with
coordinates of the FFV and its distance: from the nearest shore, nature
of and/or cause of apprehension, weather condition at the time of
sighting or apprehension, and the description/condition of the FFV with
appropriate identifying features and marks during sighting and
apprehension. Where practicable, photographs of the FFV should be taken.

b)   The FFV shall be approached to within a safe distance to
the leeward side of the ship, and given visible or audible signals for
the vessel to stop.

c)   Once the FFV has stopped, the officer or person authorized
to enforce this Order shall clearly identify himself and the unit or
organization to which he belongs. He shall state clearly that he wishes
to conduct an inspection of the FFV on the ground that he has reason to
suspect that the FFV may be engaged in poaching, and therefore
committing a violation of Philippine law.

d)   Upon boarding the FFV, the master of the vessel shall be
asked to stop its operations and drop anchor, the captain and crew shall
be identified. As far as practicable, the state of the fishing gear at
the time of boarding, any visible catch that may be on deck, and other
conditions on board the FFV which indicate that it is poaching, shall be
recorded. The position of the FFV shall be plotted on a map indicating
its location. A technician or engineer from the apprehending vessel
should ascertain and record the status of the engine of the apprehended
vessel. The status of all navigational and other instruments in the
vessel, whether it is working and operational and at the time of
apprehension, should be indicated as detailed as possible.

e)   The boarding officer should read to the arrested person
his/her rights under the Philippine Constitution in English, or in
common language or dialect of the arrested person, if possible.

f)    The master of the vessel shall be required to sign and
conform with the plotted position of the FFV and be informed of the
violation committed.

g)   The registration papers, logbook and navigational chart of
the FFV, the Seaman’s Book and other documents should be confiscated as
evidence, to enable the proper authorities to establish the sailing
experience of the apprehended person, and for review by the same
appropriate Philippine authorities (PN, PCG, PNP/MARIG, etc.).

h)   In the absence of such documents, the apprehending officer
should inquire from the master of the FFV of his years of sailing
experience, and which should be duly indicated in an Investigation and
Apprehension Report.

i)    The apprehending agency shall take custody of the evidence
until turned over to the concerned government agency or inter-agency
committee for its proper disposition.

j)    The captain of the FFV shall bring the vessel or towed by the apprehending vessel to the nearest port.

k)   A more thorough inspection of the vessel shall be conducted
as soon as the FFV has docked at port. An Investigation and
Apprehension Report shall be prepared and sent to the Department of
Agriculture and the Bureau of Fisheries Head Office copy furnished the
National Committee on Illegal Entrants of the Department of Foreign
Affairs, and the Bureau of Immigration.

l)    The fishing gear found on the FFV shall be impounded. Any
fish on the vessel shall be confiscated, photographed, the species,
numbers, and volume duly recorded as if the same were duly landed by a
domestic fishing vessel, and thereafter donated to charitable and penal
institutions within the vicinity where the violation was committed
provided that the Directors thereof execute a promissory note of their
willingness to pay the face value of the catch if the accused are
acquitted from the charge. The FFV subject of the offense shall be
examined thoroughly by BFAR assessing its efficiency and effectiveness
in catching fish before auctioning the same, the proceeds of which shall
be submitted automatically to the National Treasury in accordance to PD
1177.

m)  The apprehending authorities shall turn over the arrested
illegal entrants to the police or military authorities in his/her
jurisdiction for the temporary detention; the National, Regional or
Provincial Committee on Illegal Entrants; or to the Bureau of
Immigration to be dealt with in accordance to applicable immigration
laws.

SECTION 8. Submission of Reports . — Persons duly
authorized to enforce this Order shall submit a report of
accomplishments to their respective agencies concerned, copies furnished
to the nearest office of the Bureau of Fisheries and Aquatic Resources.

SECTION 9. Penalties . — Violation of Sections 2
and 3 of this Order shall subject the offender to prosecution and upon
conviction shall be punished by a fine of not exceeding US$100,000.00
and confiscation of its catch, fishing paraphernalia and vessel.
Provided, that the Secretary of Agriculture upon the recommendation of
the Director of the Bureau of Fisheries and Aquatic Resources is
empowered to impose an additional administrative fine of not less than
US$50,000.00 but not more than US$200,000.00 or its equivalent in
Philippine currency.

SECTION 10. Effectivity . — This Order shall take
effect fifteen (15) days after its publication in the Official Gazette
and/or in two newspapers of general circulation.

31 August, 2000

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