FISHERY LAW ENFORCEMENT

MANUAL OF OPERATION
BY:
NILO SELIM KATADA, Ph.D.
Chief Fishing Regulations Officer
BFAR

Presented During the

SKILLS ENHANCEMENT FOR FISHERIES LAW ENFORCERS, PROSECUTORS AND ADJUDICATORS

April 7-13, 2019; Joint Maritime Law Enforcement Training Center,

Sitio Magarwak, Brgy. Sta. Lourdes, Puerto Princesa City
FISHERY LAW ENFORCEMENT
APPROACHES
 Thank you!

Source: Phil. Coastal Management Guidebook Series No. 8 (Coastal Law Enforcement)
 FISHERY LAW ENFORCEMENT APPROACHES CONTINUUM

PREVENTION DETERRENCE DETECTION AND

(< 70%) (< 20%) APPREHENSION (10%)
ACT AS EDUCATOR, VISIBILITY PATROLS, IMPLEMENT THE FULL
ADVISER, GOOD SEABORNE OPERATIONS, FORCE OF THE LAW
COMMUNICATOR, MARKET DENIAL,
(IEC Experts, etc.), MOBILE CHECKPOINT
AS COMMUNITY
ORGANIZER, AS CRM
MANAGER
 MEASURES OF ACCOMPLISHMENT (EFFECT/IMPACT LEVEL)

PREVENTION DETERRENCE DETECTION AND

APPREHENSION
• MORE COMPLIANCE, MORE • CURTAILED BENEFIT (INCOME) • REFORMED
PARTICIPATION FROM THE OF VIOLATORS, VIOLATORS,
COMMUNITY / • INCREASED COMPLIANCE TO • RENEWED OUTLOOK
STAKEHOLDERS, REGULATIONS SUCH AS MORE (FROM RESOURCE
• MOBILIZATION OF FISHING BOATS GETTING USERS TO RESOURCE
RESOURCES, PERMITS AND LICENSES FROM MANAGERS)
• REDUCTION OF COMPETENT AUTHORITIES,
OPERATIONAL COST • VIGILANCE POSTURE (maingat)
 INFORMATION
COLLECTION PLANNING

OPERATIONAL PLANNING

OPERATION

LAND-BASED OPERATION SEA-BASED OPERATION

PREVENTION DETERENCE DETECTION AND APPREHENSION

INVESTIGATION/ELEMENTS OF VIOLATIONS
HANDLING OF EVIDENCES

ADMINISTRATIVE AND
CRIMINAL PROCEDURES
HANDLING OF EVIDENCE/S P
H
SECURE THE CRIME O
T
SCENE O
EVIDENCE -
D
TAGGING/LABELING O
C
COLLECTION AND U
M
PACKAGING E
N
SEIZURE AND T
CUSTODY OF A
TI
EVIDENCE/S
DOCUMENATION O
N
AND REPORTING
 FISHERY LAW ENFORCEMENT
MANUAL OF OPERATON
(FLEMO)
CONTEXT AND BACKGROUND

S u p re m e
0, th e
In 201 u lg a t e d t h e
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Court p c e d u r e f o r
f P r o
Rules o t a l c a s e s
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9 - 6 -8 -
. N o . 0
(A.M
SC).
 FISHERY LAW ENFORCEMENT MANUAL OF OPERATON
(FLEMO)

Outline of the Manual

1.INFORMATION GATHERING
2.PRE-BOARDING AND BOARDING
3.SEABORNE OPERATIONS
4.MARKET/LANDING DENIAL
5.MOBILE CHECKPOINT
6.POST-OPERATION PROTOCOL
7.PROCEDURES FOR AQUATIC
POLLUTION
8.ADMINISTRATIVE SEIZURE AND
DISPOSITION OF SEIZED ITEMS
 - Operational - Pre-boarding procedures
Planning - Boarding procedures
- Inspection Procedures
INFO PRE- IF POS.
OPERATION
GATHERING OPERATION CONDUCT
PROCEDURES
PROCEDURES NVESTIGATION

IF NEG. EXECUTE
PROPER COLLECTION
DISEMBARKATION AND
CUSTODY AND
DISPOSAL OF
EVIDENCES

PROPER
- Criminal DOCUMENTATION
- Administrative
ISSUANCE OF
FILING OF THE
PROSECUTION NOTICE OF
COMPLAINT
VIOLATIONS
HOW TO GATHER RELEVANT
INFORMATION?

1. Establish contact.
2. Through surveillance and investigation.
3. Utilize and tap the assistance of the
LGUs in the conduct of surveillance and
in gathering information.
4. Make a background investigation of the
suspect/suspected group such as:
 
 identifying the group leader and members,
 determining the group’s name,
 identifying the group’s area of operation,
mode of operation, its capabilities in terms of
logistics, manpower, firepower,
 contacts or influence in the different offices
of the government and resources,
 assessing the group’s psychological
strengths and weaknesses,
 ascertaining the market or distribution
points
 determining other relevant information
such as previous violations, record of
arrests or criminal cases.
WHAT TO DO BEFORE SEABORN OPERATIONS

A. PREPARATION OF CASE OPERATIONAL PLAN

1.ANALYSIS OF THE PROBLEM

2.MISSION/OBJECTIVES
3.AREA OF OPERATION
4.NAME OF THE TEAM LEADER
5.COOPERATING/SUPPORT UNITS
6.NAME AND ROLES OF THE MEMBERS OF THE GROUP
7.TARGET PERSON/S AND SCENARIOS
8.PLACE, DATE AND TIME OF OPERATION
9.GROUND RULES
10.APPROPRIATE RESPONSES FOR DIFFERENT SCENARIOS
11.LOGISTICS REQUIRED
12.THE NEAREST PROSECUTOR’S OFFICE FOR THE INQUEST
PROCEEDINGS,
13. CONTACT NUMBER OR PERSON, AND ASK IF THERE
ARE NIGHT INQUESTS AVAILABLE
14. LIST OF HOSPITALS IN THE AREA, LOCATION AND
CONTACT NUMBER WHERE APPREHENDED
PERSONS MAY BE BROUGHT FOR MEDICAL CHECK-
UP PRIOR TO DETENTION
15. LIST, LOCATION AND CONTACT NUMBERS/PERSONS
OF CHARITABLE AND PENAL INSTITUTIONS WHERE
THE CONFISCATED FISH CAN BE BROUGHT
16. DETENTION FACILITY OR NEAREST POLICE
PRECINCT
17. ACCREDITED TREATERS IN THE AREA OF
OPERATION, WHEN APPLICABLE
SEABORNE OPERATION (Pre-Boarding Procedure)

As soon as the suspected boat is spotted, determine the

following:
1. approximate position e.g. latitude/longitude, inside or
outside of municipal waters;
2. nationality of the boat/vessel;
3. activity of the boat/vessel, e.g. anchored, stationary, in
transit, fishing as evidenced by smoke, wake, gear in the
water, or other signs that can be spotted from a distance;
4. boat/vessel type as fishing, cargo or passenger,
approximate length, and tonnage as more or less than 3
GT;
5. any distinguishing features, suspicious or unusual
markings on the boat/vessel especially on the hull and
stern. Stern markings determine the homeport and
registration of the boat/vessel;
6. type, position and other characteristics of the gear
used by the boat/vessel;
7. course and speed of the boat/vessel in transit;
8. whether radio contact can be made and navigational
equipment is present;
9. typical activities of the crew and crew numbers;
10. change in activity of the crew or boat/vessel;
11. origin of people on board (foreign or local);
12. feasibility and safety of boarding.
(See Form No. 2: Pre-boarding Checklist)
NOTE: If the location of the foreign fishing vessel (FFV)
when spotted is within the exclusive economic zone
(EEZ), the team (in the exercise of its sovereign rights to
explore, exploit, conserve, and manage living resources)
shall:

a.Take necessary measures, including boarding,

inspection, arrest, and judicial proceedings, to ensure
compliance with RA 8550 (the Fisheries Code of 1998),
as amended by RA 10654, its rules and regulations
adopted in conformity with the Convention and its
responsibilities to prevent, deter and eliminate illegal,
unreported and unregulated (IUU) fishing.
b.Promptly release the arrested vessels and their crews upon
the posting of reasonable bond or other security (the
punishment may not include imprisonment, in the absence of
agreements to the contrary by the States concerned or any
other form of corporal punishment.

c.As representative of the coastal State, promptly notify the

concerned flag State authorities through appropriate
channels, in cases of arrest or detention of foreign fishing
vessels, or any fishery law enforcement action taken and
penalties subsequently imposed thereof.
In case the location of the FFV is within the contiguous zone,
the team representing the coastal State shall exercise the
control necessary to prevent infringement of its customs,
fiscal, immigration or sanitary laws and regulations within
its territory or territorial sea, and conduct law enforcement
actions and punishment any infringement of the above laws
and regulations committed within its territory or territorial sea.
The team shall promptly notify the concerned flag State
authorities through appropriate channels, in cases of arrest or
detention of foreign fishing vessels, or any fishery law
enforcement action taken and penalties subsequently
imposed thereof.
If the location of the FFV is within the territorial sea and
internal waters, or found violating under the circumstances
stated in Section 3 of this Order (Protocol), the team shall
immediately conduct boarding and apprehension, and
impose penalties for violating thereof. The team shall
promptly notify the concerned flag State authorities
through appropriate channels, in cases of arrest or
detention of foreign fishing vessels, or any fishery law
enforcement action taken and penalties subsequently
imposed thereof.
In coordination with the commanding officer or
boat/vessel captain, the team leader decides whether
to board or call for reinforcement.

However, it may also be an option of the team leader

of the boarding party to invite the captain of the
fishing boat to board the patrol boat and bring the
necessary documents (i.e. licenses, permits, etc.) for
proper inspection, if the situation at sea warrants to
do so.
Boarding Procedure

WHO ARE AUTHORIZED TO BOARD A

FISHINGBOAT/VESSEL?

1.BFAR
2.Coast Guard
3.Navy
4.PNP Maritime Group
5.Other law enforcement agencies if they are accompanied
by the personnel of the aforementioned agencies (i.e.
PCSD joint operatives, park rangers, task forces and the
like)
6.Law Enforcement of LGUs and duly deputized bantay-
dagat in instances where the fishing boat or vessel is inside
the municipal waters
A. If boarding is decided upon, approach the
suspect boat/vessel with caution and due regard
to safety.

B. When approaching the suspect boat/vessel, set

general quarters to ensure preparedness to
respond according to the situation. A General
Quarter (GQ) is an alert condition and all hands
man their battle stations and all preparations are
made to place the apprehending boat/vessel in
the highest state of readiness.
C. If suspect boat/vessel stops, apprehending
boat/vessel approaches slowly while still in
general quarters. Through public address system
or appropriate communication, team leader of the
apprehending boat/vessel shall identify himself
and the unit or organization to which he belongs,
inform the captain of the suspect boat/vessel of
the intention to board and instruct him to:
• stop the boat/vessel or maintain course
and speed;
• require all crew of the boat/vessel to
move to the bow of the boat/vessel or in
any open area visible to the
apprehending boat/vessel;
• stay at the helm or wheelhouse;
• allow the boarding team board the
boat/vessel;
• gather identification documents and
boat/vessel papers.
D. If suspect boat/vessel does not stop, the law
enforcement team shall employ all necessary and
reasonable means to stop it.

E. Where there is threat to the life of the apprehending

officers and there is no other option but to use force
in order to subdue the suspect boat/vessel or the
offenders on board said boat/vessel, the law
enforcers on board the apprehending boat/vessel can
issue warning shot/s
If the suspect boat/vessel or offenders on
board said boat/vessel refuse to heed the
warning shot/s and/or continue to take
aggressive action/s against the apprehending
boat/vessel and/or apprehending team, the
latter may employ the gradual use of
necessary force.
F. If the suspect boat/vessel continues to
navigate despite the reasonable means
employed by the apprehending boat/vessel,
the latter can pursue the former up to the high
seas. However, once the suspect boat/vessel
enters the territorial sea of its own state or of a
third state, apprehending boat/vessel shall
cease pursuing the suspect boat/vessel.
Record the bow number and any markings of
the vessel and inform the country of origin with
reference to flag state measures to reprimand
said vessel given the instances of IUU fishing
and hot pursuit.
H. Once the suspect boat/vessel stops, team leader
assembles and briefs the boarding team on all
circumstances and possible violations
surrounding the subject boat/vessel, properly
ascertaining the Initial Safety Inspection (ISI) or
Extended ISI. Team Leader reminds the members
on the proper boarding procedures and reiterates
the five (5) safety rules of boarding:

a. Work in pairs;
b. Account for all the crew;
c. Watch your line of fire;
d. Protect your weapon;
e. Avoid tunnel vision.
I. Team leader reviews to the boarding team
members their respective roles and
responsibilities.

J. The boarding team conducts review of the

equipment, logistics and other things needed (see
details)

• The assigned photo-documenter takes video

footage or photographs of the suspect boat/vessel
showing the name of the boat/vessel and with dates
indicated, as well as the entire operation, if
possible.
L. The boarding team on board a smaller boat/vessel
proceeds to approach the suspect boat/vessel by
Horse-Shoe Approach, remembering the rules of
good seamanship by not crossing the bow and
looking over the boat/vessel in detail.

M. Once near the suspect boat/vessel, the leader of the

boarding team shall identify himself and the unit or
organization to which he/she belongs and instructs
the captain for all crew of the boat/vessel to move to
the bow of the boat/boat/vessel. The captain is
instructed to stay at the helm or wheelhouse.
O. Once boarding is ready, the security group must
board first to secure the area. It must secure the
crew at the bow and the captain in the
wheelhouse. At least one armed law enforcement
officer should stay with the crew at all times. The
security team then declares the boat/vessel clear
before the boarding team could board the ship.

P. The rest of the boarding team, in pair of two’s boards.

After safe embarkation of the team to the suspect
boat/vessel, small boat/vessel preposition at her
proper station, and maintaining communication and
triangulation position with mother boat/vessel towards
suspect boat/vessel.
Q. The search group conducts the inspection by dividing
the boat/vessel into starboard and port side for
inspection.

R. The lead law enforcement officer of the boarding

team stays at the wheelhouse with the captain to
check documents such as the logbook and other
boat/vessel documents such as Commercial Fishing
Boat/vessel and Gear License (CFVGL), MARINA
documents, Certificate of Clearance and fishworker
license.

S. In cases of poaching, apply Fisheries Administrative

Order No. 200 (See Annex 1)
T. For non-poaching cases, the search group must proceed
to inspect the boat/vessel and record the following: (See
Form No. 3: INSPECTION CHECKLIST)

1. state of the fishing gear at the time of boarding,

whether on deck or lowered for actual fishing;
2. the state of all hatch and compartments;
3. any catch, including sabalo, wildlife, corals and other
endangered marine species;
4. presence of silica, white sand, pebbles and any other
substances which make up any marine habitat;
5. presence of explosives, explosive devices, toxic and
noxious substances and electrofishing devices;
6. presence of superlights;
7. presence of other items regulated by laws;
8. transport containers and labels.
U. Take photograph of the global positioning system
(GPS), radar, fish finder to show the actual
coordinates, if possible.

V. The assigned member of the team must take the

coordinates using the team’s own GPS or
NAVSAT.

W. The assigned member of the team must plot the

position of the boat/vessel on a nautical chart
indicating its location.
X. If there is fish catch, the fish examiner-member of the boarding
team must conduct fish examination to identify the fish and to
determine if the same is caught through explosives. If there is no
fish examiner on board, assigned team member must take fish
samples in accordance with FAO 206 (see Annex 2) for
submission to BFAR or to the nearest fish examiner. (See Form
No. 4: FISH SAMPLE EVIDENCE and Form No. 5: RECEIPT OF
FISH SAMPLE TAKEN FOR EXAMINATION). For fish suspected
to be caught with poisonous/noxious substances, the assigned
team member must take fish sample. This must be brought later
on to the nearest BFAR laboratory or any BFAR-accredited
laboratory, as the case may be. (See Form No. 6: REQUEST FOR
SCIENTIFIC EXAMINATION OF FISH SAMPLES)
Y. If there is fish net, the assigned member of the
team must determine the mesh size by applying
the definition of fine-mesh net in RA 8550 as
amended by RA 10654. [2]

Z. If there are superlights and fishing light

attractors, the assigned team member must
determine the wattage and number, whether
they fall within the prohibitions under FAO 204
and standards set by DA-BFAR (See Annex 3)
[3]
AA.If there are corals, silica, white sand and pebbles,
which make up the marine habitat and other
aquatic/marine species, the assigned member of the
team must take samples for identification/
examination by BFAR, PCG or other appropriate
institutions. (See Form No: 7: RECEIPT OF SAMPLE
TAKEN FOR IDENTIFICATION, Form No 8:
REQUEST FOR IDENTIFICATION OF SAMPLE OF
SEIZED ITEMS & Form No. 9: IDENTIFICATION
REPORT)
AB.The leader of the search group must inform the
captain of the result of the search and inspection.
If the result is negative for violation of any laws,
the boarding team shall disembark after the
Captain or the highest officer on board the vessel
has signed the BOARDING CERTIFCATE (See
Form No. 10: BOARDING CERTIFICATE).
AC.If there is violation, the leader of the boarding
team must inform the Captain or the
offenders on board the vessel of the violation,
and that a Notice of Violation shall be issued
against them.1

AD.The leader of the boarding team shall

declare the violation and that the team shall
arrest the offenders.

This does not preclude the law enforcement team to

1

follow the procedure on arrest, seizure, detention

and case filing as provided in the Rules of Court
and Rules of Procedure for Environmental Cases.
• The team leader or the assigned member of the
team shall inform the offenders of their
Constitutional rights under the Miranda doctrine :
a. right to remain silent;
b. right to have a counsel of their own choice;
c. if they have none, the State shall provide them
with one; and
d. right to be informed of these rights;
AE.The assigned member of the boarding team shall
seize the registration papers, logbook and
navigational chart of the boat/vessel, and other
documents to be included in the inventory. In the
absence of documents, the same must be duly
indicated in the INCIDENT REPORT and SWORN
STATEMENT (See Annex 4: Sample Affidavit of
Apprehending Officer & Annex 5: Sample Affidavit
of Witness).
The documentor-member of the boarding team
shall commence tagging or labelling, initial
inventory and the photo-documentation of the
evidence. If condition on the boat/vessel does not
permit completion of the same, final tagging and
inventory must be done once the boat/vessel has
docked at port.

The documentor-member of the team shall tag or

label the evidence with the following information:

• estimated weight and/or quantity of the items

• full name of the suspect
• date of seizure
• place of seizure
• initials/signature of evidence tagger
AH.The team leaders shall direct the captain to
bring the boat/vessel, while being escorted by
the apprehending boat/vessel, to the nearest
port for further disposition. Otherwise, tow it to
the nearest port. For efficiency purposes, it is
advised that while still at sea, the law
enforcement team coordinates immediately with
the local BFAR personnel for the latter to make
the necessary coordination with the authority
that has jurisdiction over the port where the law
enforcement team intends to escort or tow the
apprehended boat/vessel.
• The owner of the apprehended boat/vessel must
pay or cover the port charges.

• The law enforcement team must conduct a

thorough inspection of the boat/vessel as soon as
it docks at the port.

• The documentor-member of the law enforcement

team must conduct inventory of all items to be
seized (See Form No. 12: INVENTORY REPORT
OF SEIZED ARTICLES) and must tag or label
the same with the information stated above.
• The Photodocumentor must take the pictures of all
the pieces of evidence seized along with the evidence
tag.

AL. The leader of the law enforcement team must issue

the Notice of Violation upon the offender. He shall
likewise issue the same and cause its delivery to the
owner on record of the vessel.
i. The Notice of Violation shall inform the offender
of the offense committed, the imposable
penalties for the violation, the fact that he will
be charged administratively before the
Adjudication Committee, and that he may offer
a settlement in accordance with the fishery law,
rules and regulations. It shall likewise contain a
proviso that upon offer and acceptance of an
offer to settle, the offender will not be
administratively charged before the
Adjudication Committee.
NN. The leader of the law enforcement team
must issue the following seizure receipts to the
offender, whichever is applicable:

1. RECEIPT OF SEIZED FISH/FISHERY

PRODUCTS (See Form No. 13: RECEIPT OF
SEIZED FISH/FISHERY PRODUCTS): for the
fish or fishery products seized. In filling this up,
write the fish species, numbers, volume or
quantity, estimated weight and estimated market
value.
2. RECEIPT OF SEIZED EXPLOSIVES,
NOXIOUS OR POISONOUS SUBSTANCE (See
Form No. 14: RECEIPT OF SEIZED
EXPLOSIVES, NOXIOUS OR POISONOUS
SUBSTANCES ): for the explosives, noxious or
poisonous substances seized;

3. RECEIPT OF SEIZED FISHING BOAT/VESSEL

(See Form No.15: RECEIPT OF SEIZED
FISHING BOAT/VESSEL) : for the boat or
vessel seized; RECEIPT OF OTHER SEIZED
ITEMS (See Form
4. RECEIPT OF OHER SIEZED ITEMS (See
Form No. 16: RECEIPT OF OTHER SEIZED
ITEMS): for the other items seized such as
nets, gears, other tools and paraphernalia
not covered by the above seizure receipts.
In seizing the boat/vessel, the team leader must
coordinate with the port authorities regarding the
docking fee.

The Initial custody of the seized boat/vessel shall

be with the PNP Maritime Group, BFAR or PCG
whichever is appropriate.

AO.The custody of the boat/vessel shall be

released to the owner provided sufficient bond is
posted and by agreeing to the following
conditions:
 There shall be no alteration to the
boat/vessel;
There shall be no transfer of ownership;
There shall be no transfer of registration;
Other conditions which the PNP Maritime
Group, BFAR or PCG may find applicable.

AR.The law enforcement team must take custody of

the fish catch.
• The team must dispose/distribute the seized fish still fit for
human consumption to the LGUs, orphanages, homes for the
aged, and similar charitable institutions. The team may use
NOTICE OF DISPOSAL OF SEIZED FISH (See Form No. 17:
NOTICE OF DISPOSAL OF SEIZED FISH) to notify said charitable
institutions. Those willing to accept the dynamited fish shall
execute promissory notes of their willingness to return the value
of the fish in case of unfavorable decision in the administrative
proceedings and acquittal of the accused in court by filling up
RECEIPT OF DISTRIBUTED SEIZED FISH (See Form No. 18:
RECEIPT OF DISTRIBUTED SEIZED FISH).

•  
• Fish and fishery/aquatic products caught through
noxious substances, those bearing harmful bio-toxin
and those caught by means of blast fishing and no
longer fit for human consumption shall be disposed
through a licensed treater duly accredited by the
DENR-EMB. The cost of disposition shall be on the
account of the violator. The assigned member of the
team shall document said disposition.
AU.Terrestrial plant and animal species, all turtles
and tortoises, wetland species, such as
crocodiles and water birds, amphibians and
dugong, including their derivatives and by
products, found on board the boat/vessel shall
be turned over to the nearest wildlife rescue
center of the DENR. Apprehending officer must
secure a turn over receipt from the custodian
officer of the DENR rescue center that received
the wildlife species. (See Form No. 19: TURN
OVER RECEIPT OF SEIZED FISH/FISHERY
PRODUCTS OR ITEM(S) OF EVIDENCE)
i. Living aquatic wildlife must be turned over to the
aquatic wildlife rescue center recognized by the
DA-BFAR for rehabilitation before release to the
wild. The assigned member of the law
enforcement team must secure a turn over
receipt from the custodian officer of the rescue
center who received the wildlife species. (See
Form No. 19: TURN OVER RECEIPT OF
SEIZED FISH/FISHERY PRODUCTS OR
ITEM(S) OF EVIDENCE)
 
• Dead aquatic wildlife must be turned
over to the nearest DA-BFAR Regional or
Provincial Fisheries Office. The assigned
member of the law enforcement team
must secure a turn over receipt from the
custodian officer of BFAR who received
the wildlife species.
AW.Silica, white sand, pebbles and any other
substances which make up any marine habitat, if
found on board the apprehended boat/vessel
must be turned over to the nearest office of the
Mines and Geosciences Bureau or the nearest
Provincial Environment and Natural Resources
Office (PENRO) or Community Environment and
Natural Resources Office (CENRO) of the DENR.
Receiving officer of the said offices must issue a
turn over receipt for the said materials. (See Form
No. 19: TURN OVER RECEIPT OF SEIZED
FISH/FISHERY PRODUCTS OR ITEM(S) OF
EVIDENCE)
AX.Explosives and explosive devices found on board the
apprehended boat/vessel must be turned over to the
nearest Firearms and Explosives Division of the PNP.
The turn over must be covered by a turn over receipt.
(See Form No. 20: TURNOVER RECEIPT OF
SEIZED EXPLOSIVES, NOXIOUS OR POISONOUS
SUBSTANCES)

• Toxic and noxious substances, electrofishing

devices and superlights must be turned over to
the nearest BFAR office. Said turn over must be
covered by a turn over receipt. (See Form No. 20
for toxic and noxious substances and Form No.
19 for electrofishing devices and superlights)
i. The law enforcement team shall prepare the necessary
documents, such as the INVENTORY REPORT OF
SEIZED ARTICLES (See Form No. 12), INVENTORY Of
ITEMS/ARTICLES ON BOARD THE SEIZED FISHING
BOAT/VESSEL (See Form No. 21), INVENTORY OF
SUPERLIGHTS (See Form No. 22), INVENTORY OF
CREW/FISHWORKERS (See Form No. 23), the
appropriate SEIZURE RECEIPTS, SWORN
STATEMENTS of the witnesses and leader of the law
enforcement team in accordance with AM No. 12-8-8-SC,
otherwise known as the Judicial Affidavit Rule ( Annex 6),
INCIDENT REPORT (See Form No. 11), the appropriate
TURN OVER RECEIPTS, and other supporting
documents.
BB. The team leader shall cause the recording of the
violation and the surrounding circumstances in PNP
or PCG blotter, whichever is appropriate, and ask for
a copy thereof.

BC. The team leader shall order the release of the

offenders.
i. Within five days, the team leader shall file the
complaint before the Adjudication Committee of
the BFAR, unless there was an earlier offer of
settlement and acceptance of the same.
BE.For criminal complaint, immediately arrange for
an inquest proceeding with the Office of the
Prosecutor where the offense was committed or
where any of its essential ingredients occurred.
In case of waiver of Article 125 of the Revised
Penal Code, the custody of the apprehended
person shall be with the apprehending officer.

BF.Once the case is filed in court by the prosecutor,

the apprehending officer will secure the
commitment order from the court.

BG.Deliver the person to the appropriate detention

facility specified in the commitment order.
 DO YOU HAVE
CLARIFICATIONS?
1. COORDINATION WITH THE NEAREST PNP CHECK POINT OR
DETACHMENT

2. PUTTING OF SIGN BOARD/S

STOP
FISHERIES CHECKPOINT
Please bear with us.
Thank you for your cooperation.
_______________________________
Name and Address of Commanding
Officer/Team Leader
___________________________________
Set up in a well-lighted area and the signage is visible at
night. In addition and if possible, the area must be
equipped with a CCTV camera.

Use of marked vehicle (ex: PNP, BFAR, or LGU) must be

made available.

Must be in proper uniform of their respective agencies.

The law enforcement team shall stop all vehicles carrying

fish or fishery products. This must be done by the PNP
member of the team. In case of evading vehicles, the
team must pursue and at the same time, report them to
the appropriate Police Station/s where the suspect is
heading so that the latter may stop it for inspection.
i. Conduct inspection by:
 
 BFAR checking the auxiliary invoice and the
local transport permit to determine origin and
payment of fees;
 PNP conducting visual search;
 BFAR or authorized fish examiner conducting
on-the spot fish examination (determination
of external and internal manifestations of
dynamited fish) (Note: there should always
be a fish examiner present during mobile
checkpoints);
 BFAR checking if the goods found on the
vehicle are regulated (other wildlife species
not in the list of endangered, rare or
threatened) or prohibited (endangered, rare or
threatened aquatic wildlife species, corals,
silica, white sand, pebbles and any other
substances which make up any marine
habitat) by existing laws, rules and
regulations. Each checkpoint shall be provided
with posters of the prohibited items;
  If regulated and there is no accompanying document
or if prohibited, there is a commission of an offense
and therefore there is a ground for the issuance of the
Notice of Violation and seizure of the evidence.
i. If there is violation, the leader of the law
enforcement team must inform the offenders of
the violation, that a Notice of Violation shall be
issued against them, and that the team shall
arrest them

This does no preclude the law enforcement team to

follow the procedure on arrest, seizure, detention and
case filing as provided in the Rules of Court and Rules
of Procedure for Environmental Cases.
i. The team leader or the assigned member of the
team shall inform the offenders of their
Constitutional rights under the Miranda doctrine :
a) right to remain silent; b) right to have a counsel
of their own choice; c) if they have none, the
State shall provide them with one; and d) right to
be informed of these rights;
i. The documentor-member of the team shall commence
tagging or labeling. The tag or label shall contain the
following information:
 
 estimated weight and/or quantity of the item
 full name of the offenders
 date of seizure
 place of seizure
 initials/signature of evidence tagger
FOLLOW PROCEDURES FROM
-TAGGING
-INVENTORY OF SEIZED ITEMS
-PHOTO-DOCUMENTATION
-ISSUANCE OF NOTICE OF
VIOALTIONS
-DISPOSAL
-DOCUMENTATION
-FILING OF COMPLAINTS