Republic of the Philippines

Department of Agriculture
Department of Transportation
Metro Manila

16 April 2018

Joint DA-DOTr Administrative

1
Order No. ________:
Series of 2018

SUBJECT: Port Measures Regulating the Landing of Fish and Fishery Products
by Foreign-Flagged Fishing Vessels in the Philippines

Whereas, the Philippines ratified and adopted the United Nations Convention on the
Law of the Sea;

Whereas, the Philippines will implement the provisions of Republic Act No. 10654,
entitled “An Act to Prevent, Deter, and Eliminate Illegal, Unreported and Unregulated
Fishing”;

Whereas, The Philippines volunteered to implement the Food and Agriculture

Organization Code of Conduct for Responsible Fishing and the International Plan of
Action to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing;

Whereas, the Philippines is mindful of its role, as a Flag State, Coastal State and Port
State as stated in the International Plan of Action to Prevent, Deter and Eliminate Illegal,
Unreported and Unregulated Fishing;

Whereas, as a participating member with good standing of the Indian Ocean Tuna
Commission, The Philippines is committed to implement IOTC Resolution 10/11
entitled “On Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing”;

Whereas, Section 41 of Republic Act 8550, as amended by Republic Act 10654,

otherwise known as the “Philippine Fisheries Code of 1998”,states that “Commercial
and other passage not in the regular conduct of fisheries activity shall be made at
designated navigational lanes”;

Whereas, Section 42 of the same Code, provides that “the Department is authorized to
adopt port state measures that must be complied with by foreign fishing vessels and
these measures shall include prior notification of port entry, use of designated ports,
restrictions on port entry and landing or transhipment of fish, restrictions on supplies
and services, catch and other documentation requirements, port inspections, and other
related measures”;

Wherefore, in view of these premises, the following rules and regulations on the landing
of fish and fishery products by foreign-flagged fishing vessels in the Philippines is
hereby adopted and promulgated for the information and compliance of all concerned.

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 Chapter I
GENERAL PROVISIONS

Section 1. Definition of Terms and Acronyms. For purposes of this Order, the
following terms and acronyms are hereby defined as follows:

a. BFAR - Bureau of Fisheries and Aquatic Resources

b. BI - Bureau of Immigration
c. BOC - Bureau of Customs
d. BOQ - Bureau of Quarantine
e. Coastal State - the State or Country which has jurisdiction over the fishing
ground where a particular fishing vessel conducted fishing or fishing-related
activities.
f. Container Vessels -
g. DA- Department of Agriculture
h. Fish and Fishery Products - include not only finfish but also mollusk,
crustaceans, echinoderms, marine mammals, and all other species of aquatic
flora and fauna and all other products of aquatic living resources in any form.
i. Fishing-Related Activities - refers to activities in support to fishing such as, but
not limited to, preservation of fish, supply, storage, refrigeration, transportation,
transshipment and processing.
j. Fishing Vessel - any boat, ship or other watercraft equipped to be used for taking
of fishery species or aiding or assisting one (1) or more vessels in the
performance of any activity relating to fishing, including, but not limited to,
preservation, supply, storage, refrigeration, transportation and/or processing.
k. Flag State - the State or Country where the fishing vessel is registered and
flies its flag.
l. Foreign Fishing Operator - a person or entity who/which owns and provides
the means including labor, capital, fishing gear, and vessel, which may or may not
be engaged directly in fishing and fishing-related activities duly licensed by the
Flag State.
m. Illegal Fishing - refers to activities conducted by national or foreign vessels in
waters under the jurisdiction of a State, without the permission of that State, or
in contravention of its laws and regulations; activities conducted by vessels
flying the flag of States that are parties to a relevant regional fisheries
management organization but operate in contravention of the conservation and
management measures adopted by that organization and by which the States are
bound, or relevant provisions of the applicable international law; or activities in
violation of national laws or international obligations, including those
undertaken by cooperating States to a relevant regional fisheries management
organization.
n. Local Agent - any person, partnership or corporation duly organized and
existing under and by virtue of the laws of the Republic of the Philippines
who/which acts as the legal agent or representative of the foreign fishing
operator intending to avail/seek port entry into the Philippines.
o. NGO- Non-Government Organization
p. One Stop Action Center - A multi-agency government center created
pursuant to Section 6 of this Order, whose principal task include, but not limited
to,boarding and inspection, the processing of documents of fishery products that

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 are to be landed in the Philippines and shipped to foreign markets and the
documentation of incoming and outgoing foreign vessels.
q. PCG - Philippine Coast Guard
r. PFDA - Philippine Fisheries Development Authority
s. 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 waters 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 mile Exclusive Economic Zone and the continental shelf.
t. Port - a land-based or offshore facility that serves as the point of entry for
vessels seeking to avail for basic services such as landing of products/goods,
transshipment, packaging, processing, refueling, resupplying, maintenance, dry-
docking and other basic port services.
u. Port State - the State or Country which has jurisdiction over the port where a
particular fishing vessel seeks to enter and avail basic port services.
t. Transhipment–refers to the transfer of all or any fish or fishery product from one
vessel to another.
v. Unreported Fishing - refers to fishing activities which have not been reported,
or have been misreported, to the relevant national authority, in contravention of
national laws and regulations; or fishing activities undertaken in the area of
competence of a relevant regional fisheries management organization which
have not been reported or have been misreported, in contravention of the
reporting procedures of that organization and further elaborated by regulations
to be promulgated by the DA.
w. Unregulated Fishing - refers to fishing activities in the area of application of a
relevant management organization that are conducted by vessels without
nationality, or by those flying the flag of a State not party to that organization, or
by a fishing entity, in a manner that is not consistent with or contravenes the
conservation and management measures of that organization; or fishing
activities in areas or for fish stocks in relation to which there are no such fishing
activities that are conducted in a manner inconsistent with State responsibilities
for the conservation of living marine resources under international law.

Section 2. Objective. The main objectives of this Order are:

a. To prevent, deter and eliminate illegal, unreported and unregulated fishing;

b. To regulate the landing of fish and fishery products by foreign-flagged fishing
vessels in the Philippines;
c. To establish complete traceability of fish and fishery products; and
d. To promote sustainable use and long-term conservation of living marine
resources.

Section 3. Application/Coverage. This Order applies only to foreign-flagged fishing

vessels or fishing vessels registered in a country other than the Republic of the
Philippines and its crew, seeking entry into, or in a port subject to the jurisdiction of the

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Republic of the Philippines, except for container vessels that are carrying fish and
fishery products.

Section 4. 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.

Section 5. Passage. Foreign fishing vessels intending to call at any duly designated
government-owned or controlled regional fishport complex for landing of fish caught
outside Philippine waters shall pass through the navigational lane to be designated for
this purpose.

Chapter II
GENERAL PROCEDURES FOR ENTRY INTO PORT

Section 6. Designation of Ports. Fishing vessels covered by this Order shall only call
or use designated government-controlled fish ports under the jurisdiction of the PFDA
and shall not call or use commercial ports under the jurisdiction of the PPA. The Davao
Fish Port Complex is hereby designated as the official landing port for sashimi-grade
tuna and tuna-like species while General Santos Fish Port Complex is hereby
designated as the official landing port for frozen tuna and tuna-like species for canning
purposes.

Section 7. The Philippine Ports Authority shall not allow or permit entry into
commercial ports under its jurisdiction of fishing vessels covered by this Order unless
it’s for the reason of force majeure or distress.

Section 8. Creation of One Stop Action Center (OSAC). For purposes of effectively
implementing the provisions of this Order, there is hereby created a One Stop Action
Center in each of the duly designated fish ports composed mainly of representatives
from PFDA, PCG, BOC, BI, NGO, and BFAR as the lead agency. The funding for the
operation of the said OSAC shall come from the respective government agencies
concerned.

Section 9. Accreditation of Local Agents. All Local Agents, as defined in this Order,
who facilitates the accreditation of fishing vessels and the availment of the fishing
vessel’s basic port services, must be accredited by BFAR. No person or entity shall be
allowed to transact business with foreign fishing operators without accreditation from
BFAR.

Section 10. Vessel Accreditation. Fishing vessels covered by this Order must first be
accredited by the BFAR to ensure that the same has no history of illegal, unreported and
unregulated fishing activities. The local agent shall facilitate the application for
accreditation of the fishing vessels under their stewardship with the BFAR with the
submission of the following documentary requirements:

a. Duly accomplished and notarized application for accreditation;

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 b. Registration paper issued by the competent authority of the Flag State which
should contain information such as but not limited to, flag, name of fishing vessel,
registry number, previous name/s (if any), port of registry, date and place built,
gross tonnage, net tonnage, length overall (LOA), depth, breadth, etc.;
c. Ownership document issued by the competent authority of the Flag State which
should contain information such as, but not limited to, the name and address of
the owner of the vessel;
d. Two (2) copies of colored 5” X 10” vessel pictures (starboard and port side);
e. International Radio Call Sign and Radio Frequency;
f. Copy of Official Receipt reflecting payment of accreditation fee of P20,000.00;
g. Profile and pictures of the master/skipper and all its crew members for
verification and derogatory investigation; and
h. Vessel Monitoring System (VMS).

Section 11. Pre-Arrival Requirements. Fishing vessels covered by this Order shall
notify the One-Stop Action Center (OSAC), through the accredited Local Agent, 48 hours
before the vessel’s estimated time of arrival (ETA) and provide OSAC the following
minimum required information:

a. Name, registry number and accreditation number of the fishing vessel;

b. Estimated time of arrival (ETA), in military form (e.g. 0100 HRS for 1:00 AM,
1200 HRS for 12:00 noon, 1400 HRS for 2:00 PM, 2400 HRS for 12:00 midnight);
c. Exact coordinates of the vessel when notice was transmitted;
d. Complete crew list indicating the name and nationality of the crew on board;
e. Copy of catch logsheet indicating the volume and species of fish caught, date,
time and coordinates of the fishing ground, etc.;
f. Copy of applicable fishing license/s from the Coastal State or applicable RFMO;
g. Nature of sickness and/or injuries of crew, if there is any; and
h. Emergency or security assistance, if needed.

Section 12. Boarding and Inspection Formalities. For purposes of achieving the
objectives of this Order, there is hereby created a Boarding and Inspection Team (BAIT)
composed of personnel/s from the PFDA, PCG, BOC, BI, BOQ, and BFAR as the lead
agency. No fishing vessel covered by this Order shall be allowed entry into port without
subjecting the same to complete boarding and inspection procedures set out in Annex I
of this Order by the BAIT. To expedite boarding and inspection formalities, the fishing
vessel master/skipper is required to present for checking or verification, the following
documents and equipment to the BAIT:

a. Outward Foreign Manifest of its Last Port of Call;

b. Original copy of vessel’s registration papers and fishing license;
c. Original copy of catch repot/logsheets;
d. Vessel Logbook;
e. Crew list;
f. Maritime Declaration of Health and valid Deratting Certificate;
g. Seaman’s Book and/or Passports of Crew;
h. Cargo Manifest;
i. Vessel Monitoring System; and
j. Other documents, equipment and miscellaneous listings.

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Section 13. Clearance to Enter Port. The PFDA shall authorize fishing vessels
covered by this Order to enter into port upon clearance from the BAIT. Provided that no
clearance shall be granted to fishing vessels which have clear evidence that they have
engaged in IUU fishing or fishing-related activities in support to IUU fishing.

Section 14. Use of Port for Basic Port Services. The PFDA shall provide basic port
services to fishing vessels covered by this Order which have been cleared to enter port
by the BAIT such as landing of fish, transshipment, packaging and processing of fish,
refueling, resupplying, maintenance and dry-docking in accordance with the procedures
set out in Annex II of this Order.

Section 15. Force Majeure or Distress. As a matter of policy, the PFDA and/or the
BAIT shall permit vessels to enter port without subjecting the same to boarding and
inspection formalities required in Section 12 of this Order for reasons of force majeure
or distress exclusively to render assistance to the ship and its crew in danger or
distress.

Section 16. Pre-Departure Requirements. (inputs from the concerned agencies)

Chapter III
INSPECTIONS AND SUBSEQUENT ACTIONS

Section 17. Priorities in Boarding and Inspection. The BAIT shall ensure that the
conduct of boarding and inspection formalities shall be prioritized to:

1. Fishing vessels which have been previously denied entry or use of port in the
Philippines or in Port States other than the Philippines;
2. Fishing vessels which have been requested by a particular State and/or RFMO to
be inspected, particularly where such requests are supported by clear evidence
that the subject fishing vessel has engaged in IUU fishing or fishing-related
activities that supported IUU fishing; and
3. Fishing vessel which has clear grounds for suspecting that it has engaged in IUU
fishing or fishing-related activities in support to IUU fishing.

Section 18. Results of Boarding and Inspection. It shall be the duty of the BAIT to
write a written report on the results of each and every boarding and inspection
formalities they have conducted in a prescribed format set out in Annex III of this Order.

Section 19. Actions Following Inspections. When there is clear evidence that the
fishing vessel in question has engaged in IUU fishing or IUU fishing-related activities
inside Philippine waters, the BAIT shall deny port entry and initiate actions to
apprehend the fishing vessel, taking into account international protocols. When there is
clear evidence that the fishing vessel in question has engaged in IUU fishing or IUU
fishing-related activities outside Philippine waters (e.g. high seas or waters of other
Coastal States), the BAIT shall deny port entry and may initiate actions subject to the
approval or concurrence from the Flag State and the Coastal State/RFMO, taking into
account international protocols.

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Section 20. Transmittal of Boarding and Inspection Results. As the lead agency in
the implementation of this Order, BFAR shall have the authority to communicate and
transmit the results of the boarding and inspection carried out pursuant to this Order to
the Flag State, Coastal State, relevant RFMO and the State of which the fishing vessel’s
master is a national. BFAR shall ensure that the transmittal of the boarding and
inspection results shall be conducted in a confidential and expeditious manner.

Chapter IV
PROHIBITED ACTS AND PENALTIES

Section 21. The following prohibited acts are punishable by revocation or

cancellation of the vessel accreditation and/or subject to other applicable penalties as
required under existing laws, rules and regulations:

a. Violation of any fishery laws, rules and regulation of the Republic of the
Philippines;
b. Non-cooperation or refusal to permit, interfere by any means, the proper
authorities from conducting their official functions; and
c. Submission of fraudulent papers, documents and/or false information to the
authorities.

Section 22. Local Agents which are supporting or harboring fishing vessels and its
crew which have been found to have committed the prohibited acts mentioned in the
preceding section shall be delisted from the list of accredited Local Agents of BFAR,
revocation or cancellation of its accreditation, and shall be subjected to an
administrative fine of P50,000.00.

Chapter V
BILATERAL AND MULTILATERAL COOPERATION

Section 23. Cooperation with Other States or RFMOs. After making decisions
needed in carrying out the objectives of this Order, it shall be the responsibility of the
BFAR to notify the Flag State, Coastal State, relevant Regional Fisheries Management
Organization/s and the State of which the master of the fishing vessel is a national of its
decisions in a confidential and expeditious manner.

Section 24. Exchange of Information with Other States, RFMOs and International
Organizations. Whenever deemed necessary, BFAR shall cooperate in the
establishment of information-sharing mechanism and facilitate the exchange of
information with other States, RFMOs and International Organizations (e.g. FAO).

Chapter VI
MISCELLANEOUS PROVISIONS

Section 25. Sanitation and Anti-Pollution Requirements. Accredited fishing vessels

availing for basic port services shall, at all times, maintain cleanliness and sanitation on
board the fishing vessel and within the port facilities and shall strictly observe the
regulations on anti-pollution set out in Annex IV of this Order. The PCG shall closely

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monitor the compliance of all fishing vessels at port to sanitation and anti-pollution
laws of the Republic of the Philippines.

Section 26. Immigration Protocols. All foreign crew intending to leave the port to
secure provisions or for rest and recreation shall secure a Shore Pass from the BI and
shall always observe the immigration laws established by 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.

Section 27. Repealing Clause. DA-BFAR FAO No. 199, series of 2000 and all other
previous orders that are inconsistent herewith are hereby repealed.

Section 44. Effectivity. This Order shall take effect fifteen (15) days after publication
in one (1) newspaper of general circulation and upon registration with the Office of the
National Administrative Register.
-------------------------------------------------------------------

Approved:

Secretary, DA Secretary, DOTC

Recommending approval:

Director, BFAR General Manager, PFDA

Commandant, PCG

With Concurrence:

Commissioner, BI Commissioner, BOC

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ANNEX I
Boarding and Inspection Procedures

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 ANNEX II
Prescribed Format of Boarding and Inspection Report

BOARDING AND INSPECTION REPORT

(Implementation of Joint DA-DOTC Administrative Order No. 1 on Port State Measure)

1. BAI Report No. 2. Port State:

3. Inspecting Authority:

4. Name of Inspector/s: ID No/s.

5. Port of Inspection: 6. Date of Inspection Started: (MM/DD/YYY 7. Date of Inspection Completed: (MM/DD/YYY
HHHH) HHHH)

8. Advanced Notification Received? 9. Name of Port and State of last port call: 10. Date of last port call (MM/DD/YYYY):

YES NO

11. Fishing Vessel Name: 12. Flag:

13. Type of Fishing Vessel: 14. International Radio Call Sign (IRCS): 15. Registry Number/ID:

16. IMO ID, if available: 17. External ID, if available: 18. Port of Registry:

19. Fishing Vessel Owner:

20. Owner Address:

21. Name of Local Agent in the Philippines:

22. Name of Master/Captain of Fishing Vessel: Nationality:

23. Name of Fishing Master: Nationality:

24. Vessel Monitoring System: Transponder ID: RFMOs:

Instruction to the Inspector: USE ONLY GREEN BALLPEN OR SIGN PEN IN FILLING UP THE BOARDING AND INSPECTION REPORT.

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1. BAI Report No.

25. Status in Regional Fisheries Management Organization areas where fishing or fishing-related activities have been undertaken, including any IUU vessel listing:
Fishing Vessel on Authorized Vessel Fishing Vessel on IUU Vessel List?
RFMO Fishing Vessel Registry No./ID Flag State Status
List/Registry? (Yes/No) (Yes/No)

26. Relevant Fishing License(s), Permit(s), or Authorization(s):

Fishing License or Permit or Authorization No. Issued by Validity Period Fishing Areas Gear

27. Relevant Transshipment-At-Sea Authorization(s):

Transshipment-At-Sea Authorization No. Issued by: Validity Period:

28. Transshipment-At-Sea Information Concerning Transferring Vessels:

Transshipment-At-Sea Position
Name of Transferring Vessel Flag IRCS Species Transshipped-At-Sea Quantity (MT)
Latitude Longitude

29. Estimated Catch to be Landed: 30. Estimated Catch Retained on Board:

Species Form Quantity (MT) Species Form Quantity (MT)

31. Examination of Logbooks and Other Documentation(s)?: Yes/No 32. Compliance with Applicable Catch Documentation Scheme(s)?: Yes/No
Comments: Comments:

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1. BAI Report No:

33. Findings of the Inspector(s):

34. Apparent infringement(s) noted including reference to relevant legal instrument(s):

35. Documents Checked and Gathered:

36. Comments of the Fishing Vessel Master/Captain:

37. Port Services Sought (check appropriate box): Landing Transshipment Refueling Resupplying Food Water Bait Ice Gear Supplies Others

38. Action(s) Taken:

Inspecteed by: Verified by: Concurred: Noted by:

Printed Name, Signature and Seal Printed Name, Signature and Seal Printed Name, Signature and Seal Printed Name, Signature and Seal
of Lead Fisheries Inspector of Philippine Coast Guard Personnel of Fishing Vessel Master/Captain of Port Authority

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Annex III. Basic Port Services Procedures
Annex IV. Sanitation and Anti-Pollution Requirements

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