This document provides administrative guidelines for handling cases involving blast fishing and fishing using noxious substances. It outlines procedures for: (1) sampling and examining fish to determine if explosives or toxins were used, (2) preserving and labeling evidence if substances are found, (3) disposing of illegally caught fish, and (4) seizing vessels and items used in the offenses. The goal is to properly document cases and ensure confiscated goods are handled according to the law.
This document provides administrative guidelines for handling cases involving blast fishing and fishing using noxious substances. It outlines procedures for: (1) sampling and examining fish to determine if explosives or toxins were used, (2) preserving and labeling evidence if substances are found, (3) disposing of illegally caught fish, and (4) seizing vessels and items used in the offenses. The goal is to properly document cases and ensure confiscated goods are handled according to the law.
This document provides administrative guidelines for handling cases involving blast fishing and fishing using noxious substances. It outlines procedures for: (1) sampling and examining fish to determine if explosives or toxins were used, (2) preserving and labeling evidence if substances are found, (3) disposing of illegally caught fish, and (4) seizing vessels and items used in the offenses. The goal is to properly document cases and ensure confiscated goods are handled according to the law.
without warrant fish suspected to be caught by means of explosives, he shall take adequate fish samples for immediate examination
Pending the result of the examination, the fish shall
not be allowed to be unloaded from the boat or sold if in the market place ON BLAST FISHING CASES
Samples taken for examination must at least
be 100 grams in weight. 3-5 pieces for big- sized fish or 10-20 for small-sized fish
Frozen or packed in ice for submission to the
nearest fish examiner ON BLAST FISHING CASES
If found positive to explosives, the same shall
be preserved in 10% preservative solution properly sealed and labeled for evidence.
The captain or in-charge of the fish shall be
required to countersign the labeled evidence. In case of refusal, an affidavit shall be prepared by the apprehending officer attested by two witnesses. ON FISH CAUGHT BY NOXIOUS SUBSTANCES
Samples taken for examination must at least be 100
grams. 3-5 pieces for big-sized fish and 10-20 for small-sized fish. Water sample of about one liter must also be collected.
Submit to the nearest BFAR Laboratory within four
(4) hours from collection. Fish samples must be packed in polyethylene plastic either frozen, preserved in ice or with ethyl or absolute alcohol. ON FISH CAUGHT BY NOXIOUS SUBSTANCES
If found positive for cyanide or other noxious
substances, samples may be preserved in 10% preservative solution properly sealed and labeled. The captain of the fishing boat or in-charge of the fish shall be required to countersign the labeled evidence. In case of refusal, an affidavit to this effect shall be prepared by the apprehending officer attested by 2 witnesses DISPOSAL OF ILLEGALLY CAUGHT FISH
On blast fishing, confiscated fish shall be
distributed to charitable institutions. Recipients shall be required to execute promissory note of their willingness to return the value of the fish in case of acquittal of the accused in court. If charitable institutions demur, the same may be given to penal institutions with the same promissory note of repayment in case of acquittal of the accused DISPOSAL OF ILLEGALLY CAUGHT FISH
Fish caught by means of cyanide or other
noxious substances shall not be distributed to charitable and penal institutions but shall be disposed of properly to be witnessed by BFAR Officials and representatives from DOJ and PNP, and shall be documented properly Fish caught by means of blast fishing NOT FIT for human consumption shall be disposed of in the same manner as indicated above DISPOSAL OF SEIZED ITEMS
In both major violations, the apprehending
officer shall immediately seize, impound and take possession of the fishing vessel, tackle and appurtenances as well as the explosives, noxious substances and other tools and proceeds of the offense. He shall prepare an inventory of the items seized and issue a receipt to be countersigned by the captain, master or in- charge of the boat DISPOSAL OF SEIZED ITEMS
The seized items, documents and fish
samples shall be kept in safe custody by the apprehending officer prior to turn-over to proper authorities: a) Fish Samples – Fish Examiner b) Documents – PNP (for filing of case) c) Fishing Boat – PNP Maritime or PCG Take pictures of fishing boat and other seized items prior to turn-over APPLICATION
Provisions of this FAO shall be applied also
in the disposition of confiscated fish and impounded items in cases of other fishery violations. The Local Government Units (LGU) may enact an ordinance providing a different mode of disposition of fish catch and the vessel seized provided within constitutional and legal bounds Thank You !!!