Republic of the Philippines

Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES
Fisheries Building Complex, Bureau of Plant Industry Compound,
Visayas Ave., Diliman, Quezon City
Tel. No. 929-8074 | do@bfar.da.gov.ph | records@bfar.da.gov.ph

7 December 2022

MEMORANDUM

TO : ALL BFAR REGIONAL FISHERIES OFFICES

FROM : ATTY. DEMOSTHENES R. ESCOTO

Officer-in-Charge, BFAR

SUBJECT : GUIDELINES ON THE ISSUANCE OF CFVL AND COC FOR

CATCHER COMMERCIAL FISHING VESSELS

In compliance with the BFAR Memorandum dated September 15, 2022, the following
guidelines are hereby adopted for the issuance of CVFL, whether new or renewal, for all
catcher commercial fishing vessels but without an installed VMS and ERS devices
on board. This also covers the issuance of Certificate of Clearance (CoC) for all catcher
commercial fishing vessels with valid CFVL but without an installed VMS and ERS
devices on board (the “Covered Vessels”):

a. Application for Installation of VMS.

a.1. All operators or owners of Covered Vessels shall be required to apply

for VMS installation and submit a Sworn Undertaking on or before
January 6, 2022. A template of the Sworn Undertaking is attached to
this Guidelines as Annex A.

a.2. The FRLD shall not accept applications for new (and renewal) CFVL
and the BFAR RFOs shall also not accept applications for a (new and
)renewal of CFVL and COCs for the covered vessel without the
corresponding Certification from IMEMS Office. The IMEMS shall
formulate its citizen’s charter for the issuance of certification in
accordance with Republic Act No. 11032 or ‘Ease at Doing Business
and Efficient Government Service Delivery Act of 2018”. See Annex B.

b. Installation of VMS Devices.

b.1. Provided that all requirements have been submitted and complied
with, the IMEMS Office, FRLD, and BFAR RFOs shall ensure the
installation of VMS Devices on the Covered Vessels, on or before
January 16, 2023.
Republic of the Philippines
Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES
Fisheries Building Complex, Bureau of Plant Industry Compound,
Visayas Ave., Diliman, Quezon City
Tel. No. 929-8074 | do@bfar.da.gov.ph | records@bfar.da.gov.ph

b.2. However, in cases where the installation could not be accomplished,

for reasons not attributable to the concerned vessel operator or
owner, the IMEMS shall set another schedule for the installation of the
same.

b.3. Failure to complete the installation for reasons attributable to the

concerned vessel operator or owner shall be construed as a violation
of his/her Sworn Undertaking and shall be dealt with in accordance
with Item F.

c. Transfer of Ownership

c.1. In the case that the CFV owner/operator acquires and/or purchases a
catcher commercial vessel and changes its vessel information and
transfers it to his name, the owner/operator shall inform the IMEMS
Office and request for the re-issuance and updating of Vessel Tracking
Award and Agreement Form (VTAAF).

d. Issuance of Certificate of Clearance (COC).

d.1. After the submission of the Vessel Information form, and Certification
from the IMEMS Office, and while the installation of the VMS Device is
pending, a COC may still be issued to a Covered Vessel in accordance
with Section 43 of FAO 198-1.1

d.2. However, if despite the submission of the Vessel Information form and
Certification from the IMEMS Office the VMS Device is not installed
due to the fault of the vessel owner or operator, the BFAR RFOs shall
be required to undertake the measures prescribed in Item G.

e. Applicability of Guidelines on Pending Applications for CFVL.

e.1. These Guidelines shall similarly apply to Covered Vessels whose

applications for CFVL were filed prior to the issuance of these
Guidelines. In this case, the BFAR RFOs shall inform the vessel

1
Section 43. Certificate of Clearance. ***** A Certificate of Clearance shall be valid for thirty (30) days from
the date of issuance. Provided, however fishing vessels operating more than thirty (30) days, shall be issued
clearance valid until return to any port in the Philippines.
Republic of the Philippines
Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES
Fisheries Building Complex, Bureau of Plant Industry Compound,
Visayas Ave., Diliman, Quezon City
Tel. No. 929-8074 | do@bfar.da.gov.ph | records@bfar.da.gov.ph
operators/owners to submit the corresponding fully accomplished
Vessel Information Form in accordance with the provisions of Item a.

e.2. All pending and succeeding applications for CFVL of Covered Vessels
shall only be processed and/or approved upon compliance with the
VMS Installation as stated in this Guidelines.

f. Exemption from the coverage.

f.1. Vessels falling under the definition of a “Covered Vessel” as stated

above but are found to be structurally unfit to be installed with VMS
devices shall be exempted from the requirement of installing the said
devices for a maximum period of 6 months, or until the said vessel is
reconfigured to be capable of VMS and ERS installation, whichever is
earlier.

This exemption shall include vessels whose corresponding Marine

Mobile Service Identity Numbers (MMSIs) could not obtained for
reasons not attributable to the fault or negligence of their respective
vessel owner or operators. This exemption shall last until the
justification for the said failure to obtain MMSI ceases to exist.

f.2. Prior to installation, IMEMS personnel shall conduct a pre-inspection

of CFVs subject to VMS installation. An inspection report must be
submitted to IMEMS Office.

f.3. Upon a determination of the sufficiency of the said inspection report,

the IMEMS Office at their discretion, may treat the said vessel as
possessing the required VMS Devices for a maximum period of 6
months, or until the said vessel is reconfigured to be capable of VMS
and ERS installation, whichever is earlier.

f.4. It is to be understood that the exemption granted is intended to allow

the concerned vessel operators or owners to reconfigure their vessels
to make the same structurally viable for VMS and ERS devices.

g. Effect of Failure to Comply.

g.1. Failure on the part of the operator or owner to make their CFVs
available on the said installation schedule, shall be a cause for the non-
issuance or revocation of its COC and CFVL pursuant to Section 17, 36,
and 43 of FAO 198-1, series of 2018, and shall be dealt with in
accordance with Section 119 of Republic Act 8550, as amended, and
other fisheries rules and regulations.
Republic of the Philippines
Department of Agriculture
BUREAU OF FISHERIES AND AQUATIC RESOURCES
Fisheries Building Complex, Bureau of Plant Industry Compound,
Visayas Ave., Diliman, Quezon City
Tel. No. 929-8074 | do@bfar.da.gov.ph | records@bfar.da.gov.ph

h. Notification.

h.1. The relevant offices of the Bureau are directed to notify in writing all
operators or owners of the Covered Vessels (including those whose
applications for CFVL are still pending) about this directive,
emphasizing the deadline for its compliance and the sanctions for
failure to do so.

For your guidance and strict compliance.

ATTY. DEMOSTHENES R. ESCOTO

Officer-in-Charge
Bureau of Fisheries and Aquatic Resources