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REVISED PCSD Administrative Order No. 05

Series of 2014

Subject: Guidelines for the Regulationand Monitoring of Catching, Culture, Trade, Transport and Export of Reef-Fish-For-Food In Palawan

 

 

CHAPTER I

PRELIMINARY PROVISIONS

 

            Section 1.        Objectives.This Administrative Order is hereby promulgated pursuant to the State policy to conserve the country’s wildlife resources and their habitats for sustainability. Specifically, this Order shall have the following objectives:

 

  • To provide for a system that will ensure the sustainability of reef-fish-for-food industry in Palawan by setting up a comprehensive regulatory mechanism consistent with the provisions of Republic Act No. 9147 (Wildlife Act);

 

  • To regulate the collection/catching, trade, culture, transport and export of reef-fish-for-food in Palawan, bothfor local and foreign consumption, which are non-threatened but have economic importance;

 

  • To strengthen compliance of this administrative regulation by providing for penalties thereof; and,

 

  • To regulate resource extraction to a sustainable level.

 

            Section 2. Scope of Application.Any person, natural or juridical, desiring to engage in catching, trading, culture, transport and export of reef-fish-for-food in Palawan shall secure the necessary permit from the PCSD and shall be subject to the regulatory measures provided under this Order.

 

The provisions of this Order shall only apply to those reef-fishes-for-food which are categorized as non-threatened under R.A. 9147 (Wildlife Act) and its implementing rules (PCSD Admin Order No. 12).

 

Threatened species of reef-fishes-for-food shall continue to be governed by PCSD Administrative Order No. 12, which shall, therefore, be allowed only for commercial breeding and scientific research, except when the source of trade, transport and export are from accredited hatcheries.

 

            Section 3.        Definition of Terms.As used in and for purposes of this Order, the following terms shall be defined and/or construed as indicated below:

 

  • Catcher of Reef-Fish-For-Food– any person, natural and juridical, primarily engaged in catching reef-fish-for-food from the wild, regardless of size and volume, for direct selling for domestic or export trade and/or for fattening purposes to be sold later;

 

  • Culture of Reef-Fish-For-Food – the business of culturingreef-fish-for-food by accredited breeding and hatchery facilities;

 

  • Caging – the business of taking/buying fingerlings from the wild and culturing the same in fish cage to be sold later to traders of reef-fishes-for-food;

 

  • Fish Cage – refers to an enclosure which is either stationary or floating made up of nets or screens sewn or fastened together and installed in the water with opening at the surface or covered and held in place by wooden/bamboo posts or various types of anchors and floats for the purpose of culturing fish and , temporary holding of live fishes;

 

  • Trader of Reef-Fish-for-Food – Any person, natural or juridical, involved in the business of buying and/or selling any reef-fish-for-food wild or cultured;

 

  • Reef-Fish-For-Food – any species of reef-fish to be used forhuman food and traded either live or dead, including but not limited to the following:

 

  1. Plectropomus leopardus, commonly knownas Leopard Coral Trout or Grouper (Suno);

 

  1. Epinephelus coioides, commonly known as Estuary or green grouper (Loba);

 

  1. Epinephelus fuscoguttatus, commonly known as Tiger, brown marbled grouper (Lapung baboy); and,

 

  1. Other species being traded as a reef fish commodity as hereinafter may be provided by the PCSD through a resolution, in which case, the regulatory provisions of this Order shall apply.

 

Provided that for purposes of applying the provisions of this Order, this definition of reef-fish-for-foodshall apply only to those permitted under City Ordinance No. 110 in the case of the City of Puerto Princesa and Provincial Fishery Ordinance and/or Municipal Fishery Ordinance in the case of other municipalities of Palawan.

 

Provided further, that for purposes of applying the open and closed season and size restriction provisions of this Order, reef-fishes shall also include those which are for ornamental purposes.

 

Provided finally, that for purposes of applying size restriction, reef-fish-for-food as herein defined shall not include green and tiger groupers, (see (b) and (c) above), until a subsequent policy thereof is issued by the PCSD.

 

  • Local Transport Permit –a permit issued by the PCSD to a holder of wildlife collector’s permit, wildlife farm permit or wildlife special use permit authorizing him/her to bring reef-fish-for-food from Palawan to other provincesin the Philippines;

 

  • Non-CITES Export Permit –a permit issued by the PCSD to a holder of wildlife farm permit or any other appropriate person authorizing him/her to bring, send or transport reef-fish-for-food from Palawan to other countries;

 

  • Non-CITES Import Permit –a permit authorizing an individual to bring into Palawanreef-fish-for-food from other countries;

 

  • Wildlife Collector’s Permit –a permit to take or collect from the wild reef-fish-for-food;

 

  • Wildlife Special Use Permit –a permit authorizing qualified persons to directly collect reef-fish-for-food or buy the same from holders of wildlife collector’s permit for direct trade or other commercial purposes;

 

 

  • Wildlife Farm Permit – a permit authorizing the development, operation and maintenance ofa breeding farm for reef-fish-for-food for purposes of trade;

 

 

 

CHAPTER II

REGULATORY MECHANISMS

 

 

                        Section 4. Catcher/s of Reef-Fish-for-Food. A Wildlife Collector’s Permit(WCP) shall be required for collection/catching of reef-fish-for-food, except in cases covered by Gratuitous Permit and Wildlife Special Use Permit (for uses other than trade) issued underPCSD Admin Order No. 12.

 

 

Section 4.1. Quota. The quantity of reef-fish-for-food,that may be collected/caught in an area/municipality/city shall not exceed the quota as may be provided for under subsequent regulations/issuances that may be promulgated/issued by the PCSD or by the concerned local government unit.

 

 

Section 4.2. Requirements. Catchers of reef-fish-for-food must first submit the following requirements for issuance of Wildlife Collector’s Permit:

 

  • Duly accomplished application form with two (2) recent 2” x 2” photo of applicant;

 

  • Certification from MFARMC/CFARMC/BFARMCthat the applicant is a registered fisherman; and,

 

  • Payment of a fee amounting to Php100.00.

 

Section 4.3. Procedure.

 

  • All applications for Wildlife Collector’s Permit, together with their corresponding requirements under this Section, shall be submitted to the PCSDS;

 

  • The concerned PCSDS personnel shall, immediately upon receipt, evaluate the submitted documents. If the requirements are not complete, the application shall be returned immediately informing the applicant of the deficiencies. If the requirements are complete, the application shall, within fifteen (15) working days, be technically evaluated;

 

  • If the PCSDS finds the same in order, it shall submit its evaluation report recommending for the approval of the same by the PCSDS Executive Director. Otherwise, the PCSDS shall immediately communicate with the applicant as to the latter’s deficiencies; and,

 

  • The PCSDS Executive Director shall then approve to grant the application and issue the corresponding Wildlife Collector’s Permit (WCP).

 

 

 

 

Section 4.4. Validity. The Wildlife Collector’s Permit shall be valid for one (1) year from date of issuance and shall automatically expire upon the lapse of said period.

 

Section 4.5. Limitation.Holders of Wildlife Collector’s Permit may only sell reef-fish-for-food to traders with duly issued PCSD Wildlife Special Use Permit. The collection/catching shall be subject to the limits as may be provided under the terms and conditions of the WCP.

 

            Section 4.6. Quarterly Report. Holders of Wildlife Collector’s Permit shall submit to the PCSDS a quarterly report of collections/catches made. Failure to submit a single quarterly report shall be a ground for revocation of the Permit.

 

            Section 5.        Trader/s of Reef-Fish-for-Food. The trading of reef-fish-for-food shall only be allowed through the issuance of Wildlife Special Use Permit (WSUP).

 

Section 5.1. Qualification. Only Filipino citizens, or corporations, partnerships, cooperatives or associations 60% of the capital of which is owned by Filipinos, shall be allowed to collect and buy reef-fish-for-food for direct trade purposes.

 

Section 5.2. Requirements. Traders of reef-fish-for-food must first submit the following requirements for issuance of Wildlife Special Use Permit:

 

  • Duly accomplished application form with two (2) recent 2” x 2” photo of applicant;

 

  • Brief description of the project to include:

 

  • Type and purpose of the project;
  • Target monthly volume to be traded;
  • Project Cost;
  • Location/areas (sitio, barangay, municipality) of operation, location map of area of operation indicating the name of adjacent water bodies and landmarks); and,
  • Project operation which shall include (i) type of RFF to be traded,(ii) names and addresses of accredited catchers as source ofreef-fishes to be traded, (iii)trading facilities such as aquarium and holding tanks (for traders of live fishes), (iv) market destinations/outlet, including transshipment points and (v) mode of transport to be used;

 

  • Governor’s Permit or Mayor’s Permit in case of Puerto Princesa City;

 

  • Written commitment to submit to PCSD every quarter the following documents indicating information on every trading transaction made during the last quarter:

 

  • QuarterlyReport indicating the following data: date of trading, volume (kg and number) per species of reef-fish-for-food bought from the catcher-source and sizes (centimeter and number) per species of RFF sold with place of sale and name and address of buyer(s) who purchased; and,
  • Photocopy of the Auxiliary Invoice issued by the Municipal/City Government for all RFF traded within the quarter; and,

 

  • Certification from PCSDS concerned division that the applicant-trader has no pending case (before the PCSD Adjudication Boardor that the PCSDS has not filed any criminal case against the trader) related to reef-fish-for-food; and,

 

  • Payment of fees amounting to Php500.00.

 

Section 5.3. Procedure.

 

  • All applications for WSUP, together with their corresponding requirements under this Section, shall be submitted to the ECAN Board concerned through the PCSDS District Management Office assigned;

 

  • Acting as ECAN Board secretariat, the concerned PCSDS DMO personnel shall, immediately upon receipt, evaluate the submitted documents. If the requirements are not complete, the application shall be returned immediately informing the applicant of the deficiencies. If the requirements are complete, the application shall, within fifteen (15) working days, be technically evaluated;

 

  • If the PCSDS District Office finds the same in order, it shall submit its evaluation report to the ECAN Board recommending for the issuance of ECAN Board endorsement. Otherwise, the PCSDS District Office shall immediately communicate with the applicant as to the latter’s deficiencies;

 

  • If the ECAN Board finds the same in order, it shall issue the corresponding ECAN Board endorsement, which shall be forwarded for consideration of the PCSDS Executive Director; and,

 

  • The PCSDS Executive Director shall then approve to grant the application and issue the corresponding Wildlife Special Use Permit (WSUP).

 

Provided, that no Wildlife Special Use Permit shall be issued without the ECAN Board endorsement.

 

Section 5.4. Validity. The Wildlife Special Use Permit shall be valid for one (1) year from date of issuance and shall automatically expire upon the lapse of said period.

 

Section 5.5. Limitation. Holders of Wildlife Special Use Permit may only buyreef-fish-for-food from catchers with duly issued PCSD Wildlife Collector’s Permit and who are included in their list of catchers. The trade of RFF shall be subject to the limits as may be provided under the terms and conditions of the WSUP.

 

Section 5.6. Quarterly Report. Holders of Wildlife Special Use Permit shall submit to the PCSDS a quarterly report of trade made. Failure to submit a single quarterly report shall be a ground for revocation of the Permit.

 

Section 6. Culture of Reef-Fish-For-Food. Culture of reef-fish-for-food shall be allowed only through the issuance of Wildlife Farm Permit (WFP). A Wildlife Collector’s Permit (WCP) must first be secured in case of collection in the wild for breeding/propagation purposes, which permit shall not, therefore, be required for stocks obtained through importation or acquired from a breeding facility with duly issued Wildlife Farm Permit.

 

Section 6.1. Persons Qualified to Culture Reef-Fish-For-Food. Only Filipino citizen or corporation, partnership, association, cooperative, at least 60% of the capital of which is owned by Filipino citizens, are allowed to collect reef-fish-for-food, for culturepurposes without prejudice to technical guidance of foreign experts subject to existing rules on the matter. For non-Filipino citizens, corporations, partnerships, or associations, a Wildlife Farm Permit shall only be issued if the parental stocks are either captive-bred or obtained through importation.

 

Section 6.2. Requirements. Any entity who applies for culture of reef-fish-for-food must first submit the following requirements for issuance of Wildlife Farm Permit:

 

 

  • Duly accomplished application form with two (2) recent 2” x 2” photo of applicant;

 

  • In case of corporation, partnership, association or cooperative, certified true copies of the Certificate of Registration from the Cooperative Development Authority (CDA), Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI), etc., as the case may be, and its articles of incorporation and by-laws, whenever appropriate, or any other similar instruments;

 

  • Certified true copy of BIR registration and Tax Identification Number;

 

  • Governor’s Permit or Mayor’s Permit in the City of Puerto Princesa;

 

  • Proof of scientific expertise (list and qualifications of human resources) and photocopy of any valid ID with photo and signature of the Sole Proprietor or the President/Manager of the cooperative or small and medium enterprise;

 

  • Business and Financial Plan showing financial capability to go into breeding;

 

  • Management and Breeding Plan, which must include the means to distinguish progenies from parental stock unless the PCSD has adopted a system of marking, genetic characterization or tagging for identification of the parent stock and its offspring;

 

  • Proposed facility design;

 

  • Certified copy of Land Title or Lease Contract for the facility;

 

  • Clearances from the affected communities: Free and Prior Informed Consent (FPIC) of the Indigenous Peoples (IP), and/or prior clearance of the concerned Local Government Units (LGU), and in the case of protected areas, clearance from the Protected Area Management Board (PAMB), consent of individuals or associations with valid tenurial or other private rights to the area concerned, and/or clearance form other relevant agencies or institutions;

 

  • Submission of an environmental impact study and/or bioecology study of the proposed commercial breeding operations; and,

 

  • Payment of fees amounting to Php1,000.00.

 

            Section 6.3. Procedure.

 

  • All applications for culture, together with their corresponding requirements under this Section, shall be submitted to the ECAN Board through the PCSDS District Management Office;

 

  • Acting as ECAN Board secretariat, the concerned PCSDS District Office personnel shall, immediately upon receipt, evaluate the submitted documents. If the requirements are not complete, the application shall be returned immediately informing the applicant of the deficiencies. If the requirements are complete, the application shall, within fifteen (15) working days, be technically evaluated;

 

  • If the PCSDS District Office finds the proposed culture project in order, it shall submit its evaluation report recommending for the issuance of ECAN Board endorsement, which shall be forwarded to the PCSDS Executive Director. Otherwise, the PCSDS shall immediately communicate with the applicant as to the latter’s deficiencies;

 

  • The PCSDS Executive Director may conduct a separate evaluation of the proposed culture project or adopt the evaluation of the ECAN Board. Either way, the PCSDS Executive Director shall submit his recommendation to the PCSD (Council) for the latter’s approval;

 

  • The PCSD, upon deliberation, shall then approve the proposed culture project and issue the corresponding Wildlife Farm Permit (WFP); and

 

  • The permittee shall subsequently secure a Wildlife Collector’s Permit (WCP) prior to collection of breeding stock from the wild. For stocks obtained through importation or acquired from an accredited or registered breeding facility or any other similar sources, the permitee shall, prior to actual operation, must submit to the PCSD relevant documents showing proof to that effect (import permit, sales invoice, etc.).

 

Section 6.4. Limitation. Only progenies of reef-fish-for-food raised in hatcheries, as well as unproductive parent/founder stock shall be utilized for trade.

 

Section 6.5. Validity Period of WFP. The Wildlife Farm Permit shall be valid for a period of five (5) years, renewable for the same period subject to evaluation of the permittee’s compliance with the terms and conditions of the WFP.

 

Section 6.6. Quarterly Report. Holders of Wildlife Farm Permit shall submit to the PCSDS a quarterly report of their operations. Failure to submit a single quarterly report shall be a ground for revocation of the Permit.

 

Section 7. Local Transport of Reef-Fish-For-Food. A Local Transport Permit (LTP) shall be required in case of local transport of reef-fish-for-food from Palawan to other places within the Philippines.

 

Section. 7.1. Validity Period. The Local Transport Permit shall be valid for a period of three (3) months for a single batch/shipment. The same shall automatically lapse after said period whether or not said permit was utilized.

 

Section 7.2. Requirements.Every person who wishes to transport reef-fish-for-food for trade must comply with the following requirements:

 

  • Duly accomplished application form;

 

  • Inspection/verification of RFF to be transported by the concerned PCSDS personnel using the 
Inspection Report Form;

 

  • Documents supporting the legal possession or acquisition of the RFF to be transported (i.e. WCP, WFP, WSUP, receipt from holders of WFP);

 

  • FIQS – Final Certification;

 

  • Auxiliary invoice from the Municipal/City Government (which should reflect the payment of Marine Environment Protection Fee provided under provincial ordinance on reef-fish-for-food); and,

 

  • Payment of fees amounting to Php200.00. Provided, that the “charges” required under PCSD Administrative Order No. 05, series of 2010, for live reef fish (Php20.00/head) and ornamental fish (Php10.0/head) shall first be paid. Provided further, that for fresh reef fish, the charge shall be Php10.00/head. Provided finally, that when the Marine Environment Protection Fee provided under the provincial/city/municipal ordinance is already in effect, the charges imposed under this sub-section MAY no longer be imposed.

 

Section 7.3. Procedure.

 

  • All applications for LTP, together with their corresponding requirements under this Section, shall be submitted to the PCSDS;

 

  • The PCSDS shall immediately inspect or verify the RFF subject of the application using the Inspection Report Form; and

 

  • The LTP shall be issued by the PCSDS Executive Director upon evaluation of the Inspection Report Form and other documents forwarded by the concerned PCSDS personnel.

 

Section 8. Exportation of Reef-Fish-For-Food. Exportation of reef-fish-for-food shall require the prior issuance of Non-CITES Export Permit from the PCSD for those coming from Palawan even if the port of exit is outside thereof.

 

Section 8.1. Limitation. For live-reef-fish-for-food (LRFF), only those which are legally collected pursuant to this Order and not prohibited by other relevant laws, rules and regulations may be exported. The prohibition on the export of live fish except those which are hatched or propagated in accredited hatcheries and pondsas provided under Section 61 of R.A. 8550 is hereby emphasized and adopted as an additional limitation.

 

Section 8.2. Requirements for Non-CITES Export Permit. Every person who wishes to export reef-fish-for-food for trade must first comply with the following requirements:

 

  • Duly accomplished application form;

 

  • Inspection by the concerned PCSDS personnel using the Inspection Report Form;

 

  • Documents supporting legal possession or acquisition of RFF intended to be 
exported (i.e. WFP, receipt issued by holders of WFP);

 

  • Bank export declaration, if for commercial purposes;

 

  • Documents supporting the legal possession or acquisition of the RFF to be transported (i.e. WCP, WFP, WSUP, receipt from holders of WFP);

 

  • FIQS – Final Certification;

 

  • Auxiliary invoice from the Municipal/City Government (which should reflect the payment of Marine Environment Protection Fee provided under provincial ordinance on reef-fish-for-food); and,

 

  • Payment of fees amounting to Php1,000.00.

 

            Section 8.3. Procedure.

 

  • All applications under this Section, together with their corresponding requirements, shall be submitted to the PCSDS;

 

  • The PCSDS shall immediately inspect or verify the RFF subject of the application using the Inspection Report Form; and

 

  • The Non-CITES Export Permit shall be issued by the PCSDS Executive Director upon evaluation of the recommendation of the technical staff.

 

Section 8.4. Validity Period of Permit. Export Permit shall be valid for a single shipment only and must be utilized within three (3) months from the date of issuance. These permits shall automatically expire upon the lapse of such period.

 

Section 9.        Applicability of Open and Closed Season. The effectivity and application of all permits issued hereunder shall be subject to the rules on Open and Closed Season that may be imposed or implemented by the Provincial/Municipal and City Government. Any violation of said rules shall be considered a violation of this Order and shall be subject to the penal sanctions hereunder.

 

Provided, however, despite the open and closed season that may be imposed by the provincial/municipal/city government, the following seasonal control shall be imposed for purposes of this Order:

 

  FROM TO
OPEN SEASON January 1 June 15
September 1 October 15
CLOSED SEASON June 16 August 31
October 16 December 15

 

Section 9. Size Restrictions.The catching and trade of reef-fish-for-food for whatever purpose shall also be subject to the size limits as set forth in the Provincial/Municipal and City Reef-Fish-for Food Ordinance/s. Any violation of said limits shall be considered a violation of this Administrative Order.

 

Provided, however, that for purposes of this Order, the size of the covered reef-fish-for-food that may be caught from the wild shall be 32 centimeters or more. Provided further, that in no case shall such reef-fish-for-food exceed 47.5 centimeters. Provided finally, that these size restrictions shall not apply to tiger and green groupers, which, in turn, shall be governed by subsequent policy regulation.

 

Section 10. Catch-Ceiling Limitations and Overfished Areas. The declaration of areas by concerned LGUs as overfished and the imposition of catch-ceiling in certain areas by the Provincial/Municipal/City government shall be made an integral part of the conditions of the permits issued under this Administrative Order. Any act in violation of these regulatory measures shall also be considered a violation of this Order.

 

Section 11. Additional MPAs (Core Zones) and Zones for Hatcheries.In order to further ensure the sustainability of reef-fish-for-food industry, the PCSD Staff and its partner agencies/entities shall coordinate with and assist the local government units in establishing 30% of their municipal waters as Marine Protected Areas as provided for under the provincial ordinance on reef-fish-for-food. Provided that, spawning aggregation sites shall be prioritized for designation of MPAs.

 

Provided further, that half of the 30% declared as MPAs under the preceding section shall be categorized as core zones. For this purpose, the concerned PCSD Staff shall update the ECAN Map and integrate this requirement.

 

 

CHAPTER III

MONITORING MECHANISM

 

Section 12.      Monitoring Team.A multi-partite monitoring team shall be organized by the PCSD Staff through a Memorandum of Agreement in each municipality. The Team shall be responsible in the conduct of monitoring activities pertaining to the implementation of this Administrative Order. It shall be composed, among others, of the following:

 

  1. MFARMC, which shall be primarily responsible for the registration of RFF catchers;
  2. Municipal/City Bantay Dagat, which shall be primarily responsible for the conduct of quality assessment of all catches prior to selling to an authorized trader;
  3. Municipal/City Agricultural Office, which shall also be primarily responsible for the conduct of quality assessment;
  4. Municipal/City Licensing Office, which shall be primarily responsible for the issuance of auxiliary invoice;
  5. PCSDS District Management Office (DMO), which shall be primarily responsible in ensuring that all catchers and traders of RFF are holders of Wildlife Collector’s Permit and Wildlife Special Use Permit, respectively. It shall also ensure that all shipments of RFF are with Local Transport Permit or Non-CITES Export Permit as the case may be;
  6. PCSDS Wildlife Traffic Monitoring Units, which shall be responsible in inspecting and verifying shipments of RFF in air and sea ports;
  7. Municipal/City Police Offices, Coast Guard (if present) and Bantay Palawan, which shall be responsible in monitoring and apprehending violators of this Administrative Order; and,
  8. Other agencies/offices as hereinafter may be deemed necessary by the Monitoring Team.

 

The Monitoring Team shall meet at least once every month to ensure that the provisions of this Administrative Order are properly implemented. The meeting shall be facilitated by PCSDS District Management Office concerned.

 

            Section 13. Conduct of Inspection. All permits issued by the PCSD in accordance with and pursuant to the provisions of this Order shall include an express and written undertaking on the part of the CATCHER, TRADER, BREEDER or SHIPPER that the latter assents to the conduct of periodic inspection, by duly authorized representatives of the PCSD or of the Monitoring Team as herein created, of his conveyances, equipment, storage facilities and breeding establishment, whichever is applicable, for compliance with the mandatory provisions hereof as well as RA 7611 and other laws, rules, regulations, ordinances, and similar legislations, governing the catching, trading or other activities involving reef-fish-for-food within the Province of Palawan.

 

The foregoing inspection and visitorial powers of the PCSD shall be exercised by the latter upon reasonable hours of the day or night, with or without prior notice to the permittee involved.

 

Section 14. Submission of Monitoring Tools. In the conduct of the monthly meeting of the Monitoring Team as provided in the immediately preceding section, the PCSDS DMO concerned shall ensure that the following documents have been submitted by the concerned member of the Monitoring Team:

 

  1. Updated list of registered catchers in each barangay;
  2. Summarized list with the necessary details of all issued auxiliary invoices for the month; and,
  3. Any other documents issued or maintained by the municipality/city or barangay indicating the catch, trade or transport of RFF in their respective areas.

 

The concerned DMO shall then submit the above-enumerated documents to the PCSDS main office. The latter, through the Monitoring Section of the ECAN Regulation and Enforcement Division, shall, in turn, conduct an analysis of these documents in relation to the terms and conditions of the WCP, WSUP, WFP, LTP and Non-CITES Export Permit. Any violation of the terms and conditions shall be subjected to the filing of the appropriate administrative or criminal complaint.

 

            Section 15.      Reportorial Requirements. The PCSDS-DMO concerned shall be responsible in the submission of the monthly report on activities conducted by the Monitoring Team together with recommendations for better implementation of this Order, if any. Such report shall be submitted to the PCSDS Executive Director every first week of the month following the covered period.

 

 

 

CHAPTER IV

PROHIBITIONS AND PENALTIES

Section 16. Prohibitions.

 

  • No person shall engage in catching, trading, culture, transport and export of reef-fish-for-food without the prescribed permit from the PCSDS.

 

  • Except for caging of hatchery-bred species, no person shall engage in the caging of suno.
  • No person shall engage in catching and trade of reef-fish-for-food during the closed season as identified under this Order or as provided for under the provincial/municipal/city ordinance. This prohibition shall also apply in the transport and export of reef-fish-for-food, except when there is proof that such fishes were collected and transacted during the open season.
  • Provided that, the prohibition under this subsection on trade, transport and export shall not apply to hatchery-bred species.

 

  • No person shall engage in catching, trade, transport and export of reef-fish-for-food in violation of the size limit imposed under this Order or as provided for under the provincial/municipal/city ordinance.Provided that, the prohibition under this subsection on trade, transport and export shall not apply to hatchery-bred species.

 

  • Holders of PCSD permit for reef-fish-for-food are prohibited from transacting reef-fish-for-food business involving the use of noxious substances such as cyanide and its derivatives/forms. Provided, that any such holder who is found to be in possession of the same is presumed to be in violation of this section.

 

  • Holders of PCSD permit for reef-fish-for-food are prohibited from transacting reef-fish-for-food business with unauthorized person(s), natural or juridical. If any of the parties in a transaction is unauthorized, all parties shall be considered as transacting without proper permit from the PCSD with respect to such transaction.

 

  • Holders of PCSD permit for reef-fish-for-food are prohibited to let other person(s), natural or juridical, use theirpermit for purposes of engaging in any of the reef-fish-for-food operations. The permits issued hereunderare not transferable. Holders of PCSD permit shall be considered in connivance with the persons who use their permit. As such, all parties, with respect to the transaction, which constitutes the commission of this prohibition, shall be considered as transacting without the proper permit from the PCSD.

 

Where in the course of transacting reef-fish-for-food business, anypermit issued under this Order is found in the possession of an unauthorized person involved in the transaction who does not appear to be acting in behalf or as agent of the real holder, it is presumed that the person whose name appears in the permit allowed other person/s to use the same in violation of this Order.

 

  • Holders of PCSD permit for reef-fish-for-foodshould not fail to comply with the terms of the Letter of Commitment submitted to the PCSD and to the terms and conditions stated in their respective permits.

 

  • Holders of PCSD permit for reef-fish-for-food, or any of their officers, employees, agents or other persons acting on its behalf, are prohibited from performing any act which will hinder/prevent the conduct of the periodic inspections by the PCSD. Provided, that it shall be a violation of this section when such Holder, or any of his authorized representative, hinders, prevents or obstructs any PCSD Staff, law enforcement officers or other authorized person in the performance of their duty under this Order.

 

  • Holders of PCSD permit forreef-fish-for-food are prohibited from committing any act of underreporting and/or misrepresentation in relation to the required quarterly report and other documents required for the issuance of permits issued under this Order.

 

  • Holders of PCSD permit for reef-fish-for-food are prohibited from committing any act of underreporting, misrepresentation and/or tampering of entries in their applications and reports.

 

Section 17.      Penalties.

 

  • Prosecution and Cancellation of Permit. Any person who commits the prohibitions under Sections 16.1 to 16.7 shall be prosecuted under Republic Act No. 9147. Also, any holder of PCSD permit who commits the prohibitions under Sections 16.5 to 16.11 shall be subject to suspension or cancellation of his/her permit, as follows:

 

  1. Suspension of six months of their permit/s for the first offense; and,

 

  1. Cancellation of permit for the second offense;

 

  • Forfeiture and Closure. Conveyances used, reef-fishes-for-food caught and other objects used by any person found to be in violation of this Order shall be confiscated and forfeited in favor of the government, subject to the provisions of sections 18 and 19 of this Order. Whenever necessary, closure of any establishment/warehouse or demolition of structures for operating without the necessary PCSD permit shall also be ordered.

 

 

CHAPTER V

SEIZURE, CONFISCATION AND FORFEITURE

 

Section 18.      Summary Administrative Seizure.

 

  • Apprehension. Any person found to be in violation of this Order shall be apprehended by concerned enforcement agencies of the government. If no permit for RFF transaction is presented, the provisions of this Order on confiscation and criminal prosecution shall immediately apply.

 

In cases, however, that the apprehended persons are with a permit from the PCSD and there is only some irregularities in the transaction, the holder of the PCSD permit may undertake to post a bond equivalent to the value of the RFF involved as soon as possible, which bond shall be forfeited in favor of the government in case the holder is later found to have committed a violation of this Order. Upon such undertaking, the RFF subject of the apprehension shall immediately be released by the apprehending officers.

 

  • Designation of Seizure Officers.Any PCSD Officer designated as Seizure Officer takes the apprehended reef-fishes-for-food, conveyances and other articles from the apprehending officer/s and assumes possession and control of such items/products apprehended pursuant thereto. For this purpose, the PCSDSExecutive Director, or any person performing his/her office in his absence,is hereby designatedas Seizure Officer.

 

  • Determination of Prima Facie Case.Upon receipt from the Apprehending Officer, the authorized Seizure Officer shall receive the delivered items stating the date, place and time, name of Apprehending Officer and an itemized list of the delivery.

 

The Seizure Officer shall verify the existence of a prima facie case against the offender by examining all the documents submitted to him by the Apprehending Officer.

 

In verifying the existence of a prima facie case against the offender, the appropriate Seizure Officer shall personally examine the apprehending officer and any witnesses appearing before him in order to satisfy himself that an offense has been committed, that the evidence attests and indicates that the offender is probably liable hereof, and that the items/products delivered to him are the proceeds of the violation.

 

Should a prima facie case against the offender be thus found, the Seizure Officer shall immediately declare the fact by issuing a Seizure Order for the apprehended item(s).

 

In cases where there are reef-fishes-for-food apprehended, the determination of prima facie case by the Seizure Officer and the corresponding issuance of a Seizure Order or Release Order, as the case may be, shall be conducted during the same day of apprehension and within the closest reasonable hour from the actual time such Seizure Officer assumes control of the apprehended items.

 

  • Where Seizure Order is issued. Where a Seizure Order is issued pursuant thereto against a Catcher, the subject reef-fishes-for-food shall immediately be turned over by the Seizure Officer to BFAR-Palawan for the purpose of immediate release back into the wild and the articles used shall be declared under the custody of the PCSD. Any respondent-catcher or trader, however, may prevent such release into the wild by immediately posting a temporary bond before the PCSDS through the Seizure Officer, in which case, the respondent may regain the possession and control of the fishes, conveyances and articles, as the case may be, and continue his business deal involving the same. The Seizure Officer shall create a system for temporary safe-keeping of the bond. The amount of the bond shall be equivalent to the market value of the seized reef-fishes.

 

  • Where Release Order is issued. Where a Release Order is issued, the subject reef-fishes-for-food and the conveyances and articles shall immediately be ordered returned to the respondent. Such release order shall be without prejudice to the administrative/criminalcase filed or to be filed by the apprehending officers.

 

Section 19.      Summary Administrative Confiscation. The apprehending Officers may immediately file the administrative complaint even before or after the assumption of control by the Seizure Officer, as discussed above, the determination of a prima facie case by the latter being merely for purposes of issuance of Seizure Order. Such complaint shall proceed in accordance with the Rules under PCSD Resolution No. 03-207.

 

When the pieces of evidence are not substantial enough to sustain an administrative decision against the respondent, a ruling shall be issued dismissing the case, with order that the seized items and/or temporary bond posted, if any, pursuant to the above section be immediately returned.

 

However, when the evidence so warrants, a ruling shall be issued declaring the seized items to be confiscated in favor of the Government, without prejudice to the imposition of fines against respondents who shall be found to be liable under this Order. On top of such fines, the temporary bond posted, if any, shall be forfeited in favor of the government, at the discretion of the PAB, in case respondent, after administrative proceedings, is found to be liable under this Order. In the absence of any appeal and the decision final and executory, the confiscated items and bond shall become permanent property of the Government, which shall be disposed of in accordance with law.

FINAL PROVISIONS

 

            Section 20. Renewal. All applications for renewal of any permit issued under this Order must be filed at least thirty (30) calendar days before the expiration of the permit sought to be renewed and must be submitted together with the following requirements:

 

  1. Duly accomplished Application Form;

 

  1. Original copy of the Permit sought to be renewed;

 

  1. Document showing that applicants have not been found to have committed violations of this Order more than twice;

 

  1. Renewal Fee.

 

Failure to submit reports as required in every permit issued under this Order shall be a ground for the denial of the application until and after such reports have been submitted.

 

Section 21.      Transitory provision.All renewals and new applications, which shall already be subject to the provisions of this Order as amended, shall be processed on the month following the effectivity of this Order as amended.

 

For this purpose, all holders of subsisting accreditation may elect to either continue exercise the rights and privileges granted thereunder until the expiration of their accreditation or convert their accreditation to the appropriate permit hereunder within the period mentioned above and be subjected to the amendatory provisions of this Order and waive the privileges under the unexpired period of their previous accreditation.

 

All owners and/or operators of fish cages, except those with approved hatcheries and only for hatchery-bred fishes, shall be allowed to dispose of their remaining fishes in their cages, but in no case to be beyond two (2) year from the effectivity of this Order.

 

Section 22. Repealing Clause.The provisions of PCSD Administrative Order No. 05 and other PCSD rules which are inconsistent with this Order are hereby repealed. All applicable provisions of PCSD Administrative No. 12 which are not provided under this Order, and insofar as applicable to reef-fish-for-food, shall continue to apply.

 

Section 23.     Effectivity.      These amendments shall take effect fifteen (15) days after their publication in a newspaper of general circulation. Copies of the same shall likewise be deposited at the Office of National Administrative Register at the UP Law Center, Diliman, Quezon City.

 

So Ordered.

 

 

 

            JOSE CH. ALVAREZ
            Chairman, PCSD