1 FISHERIES ADMINISTRATIVE ORDER (FAO)

2 No. 250-2
3 Series of 2017
4
5
6 SUBJECT: Amendments to FAO No. 250 s. 2014 re: Regulations on the
7 Collection, Harvesting, Gathering, Selling and Exporting of
8 Sargassum spp.

9 WHEREAS, the brown seaweed Sargassum is an abundant resource in tropical

10 waters such as the Philippines and is being recognized as playing a very important
11 ecological functions as habitat, shelter, spawning and nursery grounds to many marine
12 organisms including fish, molluscs, cephalopods (e.g. squid), crustaceans, echinoderms
13 (e.g. sea urchins) that either lay their eggs or grazed on it;

14 WHEREAS, Sargassum is a source of alginate, fucoidan and fucoxanthin, aside

15 from being used as animal feed supplement, nutraceuticals - with applications in health
16 and wellness, and as raw material in the manufacture of organic fertilizer with wide
17 applications in agriculture;

18 WHEREAS, the genus Sargassum–with more than 40 species in the Philippines -

19 is recognized as an additional source of income for the fishing communities;

20 WHEREAS, the prohibition on the collection, harvesting, gathering, selling

21 and/or exporting of Sargassum as embodied in FAO No. 250 s. 2014 is a measure to
22 protect this resource;

23 WHEREAS, such wide range of uses have compromised and consequently

24 destroyed the balance in marine ecosystem, resulting to loss of shelter and loss of food-
25 base to many aquatic organisms dependent on Sargassum, thus endangering their
26 survival;

27 WHEREAS, such prohibition, has somehow affected the livelihood of the seaweed
28 farmers;

29 WHEREAS, it will be reiterated and clarified that provisions on “Seagrass” as

30 covered under FAO 250 s. 2014 shall remain enforced;

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31 WHEREAS, based on studies made on local species by Trono and Lluisma (1990),
32 Largo and Ohno (1992), Montes (1993), Trono and Tolentino (1993), Hurtado and
33 Ragasa (1999), and Ortiz and Trono(2000), it was determined that most species of
34 Sargassum reach peak growth and reproductive stage during the months of October,
35 November and December;

36 WHEREAS, after their reproductive season Sargassum become senescent,

37 detached from their holdfast, float in the sea surface, drifted and eventually washed
38 ashore;

39 WHEREAS, the development of Sargassum products need to be supported for the

40 benefit of the seaweed industry;

41 WHEREFORE, and in consideration to the above premises, the FAO No. 250 s.
42 2014 is hereby amended as follows:

43 Section 1. Definition of Terms: For purposes of this Order, the following terms as used
44 herein shall mean and shall be construed as follows:

45 1. Alginate- also called Algin or Alginic acid is an anionic polysaccharide distribute

46 widely in the cell walls of brown algae, where through binding with water forms
47 a viscous gum. Alginates are refined brown seaweed of the class Phaeophyceae
48 processed into sodium or calcium alginate. It has wide uses across variety of
49 industries including food, textile printing and pharmaceutical.
50 2. Auxiliary Invoice- A government document issued by the Local Government
51 Units (LGU) or their duly authorized representatives prior to the transport of all
52 fish and fishery products from their point of origin to their point of destination in
53 the Philippines and/or export purposes upon payment of a fee to be determined
54 by the LGUs to defray administrative costs therefore.
55 3. Closed season- the period by which the taking of specified fishery species by a
56 specified fishing gear(s) is prohibited in a specified area(s)of water resources.
57 4. Collecting-the act of gathering washed ashore sargassum.
58 5. Community Service - means any service or activity that is performed for the
59 benefit of the community or its institutions in lieu of payment of fine imposed as
60 administrative or criminal penalty.

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61 6. Confiscation- taking into custody of products (Sargassum) for proper disposal for
62 having been the subject of violation.
63 7. Drift or drifted – be carried by water current, waves; something washed ashore.
64 8. Fisherfolk– people directly or personally and physically engaged in taking
65 and/or culturing and processing fishery and/or aquatic resources.
66 9. Fisherfolk Cooperative – a duly registered cooperative of fisherfolk with a
67 common bond of interest, who have voluntarily joined together to achieve a
68 common lawful social or economic end, making equitable contribution to the
69 capital requirement and accepting a fair share of the risks and benefits of the
70 undertakings in accordance with universally accepted cooperative principles.
71 10. Fisherfolk Organizations – an organized group, association, federation, alliance
72 or an institution of fisherfolk which has at least fifteen (15) members, a set of
73 officers, a constitution and by-laws, an organizational structure and a program of
74 action.
75 11. Fucoidan - is a sulfated polysaccharide found mainly in various species of brown
76 algae and brown seaweed (variant forms of fucoidan have also been found in
77 animal species, including the sea cucumber). Fucoidan is used as an ingredient in Field Code Changed

78 some dietary supplement products.

79 12. Fucoxanthin- is an accessory pigment (xanthophyll) in the chloroplasts of brown
80 algae and most other heterokonts, giving them a brown or olive-green color.
81 13. Gathering – the collection of washed ashore sargassum.
82 14. Holdfast- is a root-like structure that anchors sargassum plant to the substrate.
83 15. Open season – a period of the year by which it is allowed to gather and collect
84 washed ashore Sargassum spp.
85 16. Person – Natural or juridical entities such as individuals, associatios, partnership
86 cooperatives or corporations
87 17. Regulation-is the act of rule and/or order as provided in the applicable
88 provisions of FAO 250 as amended by FAO 250-2
89 18. Senescence- the stage when Sargassum ceased to grow due to age..
90 19. Washed ashore – the stranding of Sargassum on shore due to winds, waves and
91 currents.

92 Section 2: Regulations on the collection of washed ashore Sargassum :

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 93 There is hereby an established schedule of “open season and closed season” for
94 the collection of Sargassum (please see attachment A).Further, It is fully understood
95 that deliberate and intentional cutting and uprooting of Sargassum is not permitted
96 during both “open season and closed season”.

97 a. Only bonafide resident fisherfolk of legal age, fisherfolk cooperative and

98 organization of the barangay/municipality and registered under BFAR Fish-R
99 shall be allowed and be given permit or license by the MLGU to collect washed
100 ashore Sargassum during open season.
101 b. It shall be unlawful for any person to gather/collect washed ashore Sargassum
102 during “open season” without license or permit from the LGU. (Sec 86 RA 10654)
103 c. However, in case of fortuitous event as determined by appropriate government
104 agencies and beyond the “open season” that may cause accumulation of washed
105 ashore Sargassum, the LGU may request the BFAR Regional Director, or, in his
106 absence, his Assistant, his OIC or the Provincial Fisheries Office (PFO), within
107 three (3) working days, a Special Permit to collect washed ashore Sargassum.
108 such special permit shall be valid for only five (5) days. Provided further, that the
109 volume of the collected washed ashore sargassum shall be reported to the LGU
110 (MAO) and BFAR (PFO) for record purposes. The gathered/collected Sargassum
111 shall be disposed within one (1) to two (2) months period from the issuance of
112 special permit.

113 Section 3. Registration and accreditation of Sargassum consolidators,

114 gatherers, buyers/ traders, exporters and processors:

115 a. The LGU through the Municipal Agriculturist Office (MAO)/City Agriculturist
116 Office (CAO)in consultation with the FARMCs, shall establish a separate list or
117 registry and accreditation system/mechanism of Sargassum consolidators,
118 gatherers, buyers, traders, processors, and exporters of Sargassum products in
119 the locality, giving priority to registered fisherfolk and accredited fisherfolk
120 cooperatives and organizations (Sec 19. Rule 19.3 and Sec. 21 RA 10654).
121 b. Such list or registry shall be updated annually or as may be necessary, and shall
122 be posted in barangay halls or other strategic locations where it shall be open to

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123 public inspection, for the purpose of validating the correctness and completeness
124 of the list. (Sec. 19 RA 10654)
125 c. It shall be unlawful for any person not listed in the registry of municipal
126 fisherfolk to engage in the collection of Sargassum in the locality. (Sec 86 (b) RA
127 10654)
128 d. All registered consolidators, buyers/traders, processors, exporters of Sargassum
129 products shall be required to keep and maintain a record book for monitoring
130 purposes where all records of transaction are indicated but not limited to
131 species, volume, name and address of supplier/collector, area of
132 collection/source and others, subject to inspection, monitoring and verification
133 by authorized BFAR and/or LGU representatives to include warehouse or
134 bodega.

135 Section 4.Regulation of the Selling, Transporting and Exporting of Sargassum:

136 a. The selling and trading of fresh, raw dried or any form of Sargassum shall only
137 be allowed during “open season” and the fortuitous event as stated in Sec. 2
138 with the corresponding permits and after which the prohibition under Section
139 2. of FAO 250 s. 2014 shall be automatically enforced.
140 b. Only registered buyers and traders with the MLGU shall be allowed to
141 transport the washed ashore Sargassum.
142 c. The MLGU shall require and issue the buyers and traders to secure Auxiliary
143 Invoice and provide a monthly summary thereof to the BFAR Provincial
144 Fisheries Office.
145 d. BFAR through the PFO shall require and issue Local Transport Permit (LTP)
146 from the traders while BFAR RFO/CO to require the exporters Export
147 Commodity Clearance (ECC) prior to transport/shipment of Sargassum.
148 e. The LGU through the Provincial Agriculturist Office (OPAg), City Agriculturist
149 Office (CAO) and Municipal Agriculturist Office (MAO) and BFAR through the
150 PFO shall maintain records of transaction on the quantity (kg.) of Sargassum
151 transported and or sold as well as point of origin to point of destination for
152 buyers and traders and the same shall be submitted to BFAR-Regional Field
153 Office (RFO) through the Regional Seaweed Coordinator (RSC) for validation.

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154 f. It shall be unlawful for any individual, association, cooperative, partnership or
155 corporation, trader and exporter to export Sargassum in fresh, raw dried,
156 chips, powdered, liquid, bars or any form.

157 Section5.Enforcement, Monitoring and Reporting:

158 a. The Fishery Protection and Law Enforcement Group under FMRED(BFAR),
159 Municipal Environment and Natural Resources Office (MENRO)-Bantay Dagat
160 &Fish Warden (LGU), PNP-MARITIME Group, Philippine Navy, PNP-Local and
161 PCG shall strictly enforce this Order.
162 b. A composite team of BFAR (PFO, RSC), LGU(MAO/CAO, OPAG) and MFAMRC
163 shall monitor and regularly conduct an inventory of stocks in the
164 warehouse/bodega and buying stations of traders and exporters two months
165 before the “open season” and two months after the “close season” to ensure that
166 all transported and exported Sargassum are properly documented for evaluation
167 purposes. A report must be submitted to the Office of the BFAR Director, copy
168 furnished Office of the Secretary-Department of Agriculture.

169 Section 6. Granting of Special Permit or exemption:

170 The Secretary of Agriculture through the Director of Bureau of Fisheries and
171 Aquatic Resources may grant a special permit or an exemption to collect limited
172 quantity of “Sargassum” to research institutions, State Colleges and Universities for
173 scientific and educational purposes.

174 Section 7. Penalty:

175 Any individual, consolidator, association, cooperative, partnership, corporation

176 or trader found to have violated any of the provisions of this Order shall be ground for
177 the following penalties as follows:

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 Violator Offense Fine and Imprisonment
Gatherer Any person In addition to the confiscation and disposal of
collecting/gathering collected Sargassum.
Sargassum not listed in the  Administrative fine of five thousand pesos
registry of municipal (P5,000) or community service (Sec. 86 b)
fisherfolk .
Any person In addition to the confiscation and disposal of
collecting/gathering collected Sargassum.
Sargassum without  Administrative fine of fifty thousand pesos
necessary license or permit (P50,000) (Sec. 86 a)
from the LGU.
Buyer/ Any person who fails to In addition to the confiscation and disposal of
Trader report and misdeclare the Sargassum
type of seaweed, quantity,  Administrative fine of five thousand pesos
condition/state and source (P5,000) (Sec. 89)
of collected Sargassum
Buyer/ Any person buying and In addition to the confiscation and disposal of
Trader trading Sargassum without collected Sargassum.
the required documents  Administrative fine of fifty thousand pesos
(license or permit, P50,000 to two million peso (P2,000,000)
registration, accreditation) (Sec. 125)
Trader/ Any person who Exports In addition to the confiscation and disposal of
Exporter Sargassum in any form Sargassum. Administrative fine of three thousand
(fresh, raw dried, chips, pesos P 300,000 to five hundred thousand pesos
powdered, liquid, bars) (P 500,000) and imprisonment of eight (8) years
and fine of twice the administrative fine. (Sec 105)
178

179 Further, in the implementation of this Order, DA through BFAR may issue
180 additional provisions or introduce modifications thereto, as the need arises.

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185 Section 8.Effectivity:

186 This Order shall take effect fifteen (15) days after publication in two (2)
187 newspapers of general circulation and upon filing of the same with the Office of the
188 National Administrative Register.
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191
192
193 Approved:
194

195 Emmanuel F. Piñol

196 Secretary
197 Department of Agriculture
198
199 Recommending Approval:
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201
202 Commo.Eduardo B. Gongona, PCG, (Ret.)
203 NFARMC Chairman
204 DA-Undersecretary for Fisheries
205 BFAR Director
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 Schedule of Closed and Open Season
Seasonality
Region Province Bay
(months)
Bangui,
Caunayan,
IlocosNorte Pasaleng
Gan
Nagabungan
1 Cabugao, Lapog June – October
Ilocos Sur
Solvec
La Union
Agno, Dasol,
Pangasinan
Tambac
Palanan
Divilacan
II Isabela January-February
Dinapigue
Maconacon
Batanes March-June
Babuyan Channel
Cagayan March-June

Mariveles
III Bataan Bagac July-August
Morong
All coastal
Municipalities
Zambales July - August

Pampanga Pampanga
Dilasag
Casiguran
Dinalungan
Aurora Dipaculao January-February
Baler
San Luis
Dingalan
IVA Quezon April – June
Alligator
Araceli
Bacao
Bacaran
IVB Palawan
Bacuit
Bancal
Barbacan
Base

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 Bentowan
BigaBiga
Binaluan
Binga
Binunsalian
Bodaran
Bolalo
Buras
Caboang
Calasag
Camarisan
Capinan

Balguin
Oriental Mindoro Bulalacao

Mariduque Calancan
Sorsogon

Albay

V August – October

Masbate
Aklan/Capiz-October-
December
Antique/Guimaras/Sout
hern Iloilo-May-August

Northern Iloilo-April-
June
VI
Occidental Negros
Province
Northern Negros-April-
June
Southern Negros-May- Based on Habagat
June All Coastal
Municipalities
VII OK
San Bernardino
VIII April – July
Strait

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 Samar Sea August – November

Leyte Gulf September – November

Zamboanga del Norte

Zamboanga del Sur

IX March – June
ZamboangaSibugay

Zamboanga City
Ozamis, Lanao del Norte October-June
Maigo, Kulambugan,
Tubod
Jimenez, Lopez Jeana,
X Aloran, Iligan Bay
Plaridel, Oroqiueta City October-April
SapangDalaga,
Baliangao
Camiguin, Murcielagos Bay
MisamisOreintal

XI Davao Oriental Abag

XII

CARAGA

ARMM

*sightings and biomass assessment recommended/conducted by BFAR RSC's

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