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FISHERIES ADMINISTRATIVE

ORDER NO. 206 S 2001


ON BLAST FISHING CASES

 Whenever Fishery Law Enforcement Officer seizes


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 !!!

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