RESTRICTING THE USE OF SUPERLIGHTS IN FISHING

Pursuant to Section 44 and 93 of R.A. No. 8550, this order
restricting the use of superlights in fishing in Philippine waters is
hereby issued for the information, guidance, and compliance of all
concerned.

SECTION 1. Definition . — “Superlight” also
called “magic light” is a type of strong light using halogen or metal
halide either submerged or located or located above the sea surface,
consisting of a ballast, regulator, electric cable and socket, the power
of which comes from a generator, battery, dynamo or the main engine of
the boat.

SECTION 2. Prohibition . — It shall be unlawful
to operate municipal and commercial fishing boats using superlights
while fishing/operating in municipal waters, or for commercial fishing
boats to fish/operate beyond municipal waters using the same in excess
of the herein prescribed wattage:

a. Small-scale commercial fishing boats (3.1 to 20 GT)         –       20 KW per vessel

b. Medium-scale commercial fishing boats (20.1 to 150 GT) –     36 KW per vessel

c. Large-scale commercial fishing boats (more than 150 GT) –    40 KW per vessel

Provided, that a gratuitous permit to use superlights in fishing
within municipal waters may be issued by the Local Chief Executive in
consultation with its FARMC to any government or private research and
educational institution for research, experimental, educational and
scientific purposes, and by the Director of the Bureau of Fisheries and
Aquatic Resources (BFAR) in consultation with the NFARMC in areas beyond
municipal waters both of which shall be subject to such terms and
conditions as the said Local Chief Executive or the BFAR Director
respectively may deem wise to impose.

SECTION 3. Penalty . — Violation of this Order
shall hold the offender liable to the penalty of imprisonment from six
(6) months to two (2) years or a fine of five thousand pesos (P5,000.00)
per superlight, or both such fine and imprisonment in the discretion of
the court, without prejudice to the confiscation of the superlight
used, fishing vessel and the gear.

SECTION 4. Repeal. — All orders, rules and
regulations or parts thereof which are inconsistent with this Order are
hereby deemed repealed or modified accordingly.

SECTION 5. 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 Concurrently Chairman, NFARMC