Home > Resolutions > Admin Orders > Administrative Order # 5 S. 2000

PCSDS Administrative Order
No. 00-05, Series of 2000
As amended by PCSD Resolutions No. 03-209 and 03-211
Adopted on April 24,2003 and July 24,2003, respectively

Subject: Revised Guidelines for the Accreditation, Regulation and Monitoring of Live Fish Catching, Culture, Transport and Trading in Palawan

Pursuant to paragraph (8), section 19, Chapter V of Republic Act No. 7611, otherwise known as the "Strategic Environmental Plan for Palawan," the PCSD is vested with the power to adopt, amend and rescind such rules and regulations and impose penalties for the effective implementation of the Strategic Environmental Plan for Palawan and other provisions of the SEP law and that, in accordance therewith, the Council passed PCSD Admin. Order No. 00-05 providing for the administrative penalties of fines and forfeitures for violations of its provisions.

There is a need to include in the said Administrative Order No. 00-05 sufficient and well-defined standards to serve as guidelines in the imposition of administrative penalties consistent with the requirements of the Constitution that no excessive fines and penalties to be imposed.

PCSD Administrative Order No. 00-05 has been in force and effect for more than two(2) years now and there is a need to keep its provisions in tune with constantly changing circumstances and thus include within its purview, among others, the growing practice and/or trade of commercial or private storage of live fish;

Section 1. Definition of Terms.

As used in this Order, the following terms shall be defined and/or construed as indicated below:

1.1 Bureau of Fisheries and Aquatic Resources-Department of Agriculture (BFAR-DA) - as defined in R.A. 8550.

1.2 Catcher of Live Fish- Any entity primarily engaged in catching live fish from the wild regardless of size, for commercial purposes.

1.3 Certificate of Accreditation- A certificate issued by the PCSD to a catcher, trader or carrier of live fish or to a fish cage operator upon the latter's compliance to the requirements enumerated in Section 2 of this order.

1.4 Common Carriers- are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air for compensation, offering their services to the public as defined under Article 1732 of the Civil Code of the Philippines and under applicable decisions of the Supreme Court of the Philippines. ( As amended by PCSD Resolutions No. 03-211 )

1.5 Carrier - any natural or juridical person or entity, except the Government, that is engaged or involved in the transportation of live fish or any other aquatic fresh or saltwater products, whether or not on a daily or regular manner or schedule and whether or not for compensation, from any point withint or out of the Province of Palawan under a contract of transportation, whether or not in writing, through the use of aircrafts, seacrafts, land vehicles or any other mode of transporation, whether or not registered, mechanical or motorized in nature, and whether or not such persons or entities are common carriers or not as defined by law and regardless of the place of registration of such person or entities as well as the crafts and vehicles used or employed by them ( As amended by PCSD RESOLUTION No. 03-211)

1.6 Fish Cage Operator - Any entity engaged in the business of culturing and breeding of live fish for commercial purposes.

1.7 Fisherfolk Organization - An organized group, association, federation, alliance or an institution of fisherfolk who has at least fifteen (15) members, a set of officers, a constituion and by-laws an organizational structure and a program of action.

1.8 Live Fish - for purposes of this administrative order pertains to all kinds of fish species including lobster which are stupefied or breathing but not necessarily moving.

1.9 Local Government Unit- municipal level as defined in R.A. 7160.

1.10 Multi-partite Monitoring Team - a municipal wide monitoring body composed of representatives from the local unit of the Bureau of Fisheries and Aquatic Resources-Department of Agriculture (DA-BFAR), local government unit, the Palawan Council for Sustainable Development Staff, the Philippine Coastguard, and the Philippine National representative. The monitoring team is responsible for monitoring the implementation of the provisions of this Administrative Order.

1.11 Palawan Council for Sustainable Development (PCSD)- as defined in section 16 of R.A. 7611.

1.12 Palawan Council for Sustainble Development Staff (PCSDS) - as defined in section 20 of R.A. 7611.

1.13 Port - refers to any airport and/or seaport open to both foreign and domestic movement/trade of live fish. The term includes principal ports and sub-ports for such movement/trade.

1.14 Sangguniang Bayan - as defined in R.A. 7160.

1.15 Sangguniang Pambarangay - as defined in R.A. 7160.

1.16 Traders of Live Fish - Any entity involved in the business of buying and/or selling live aquatic (fresh or saltwater ) products.

Section 2. Accreditation. ( As amended by PCSD Resolution No. 03-211)

Before it can proceed with the transport or carriage of live fish or any other aquatic fresh or saltwater products within or out of the Province of Palawan, a CARRIER must secure a CERTIFICATE OF ACCREDITATION from the PCSD.

Section 3. Filing of Application for Accreditation

Applicants seeking accreditation shall submit the following documents to the PCSDS as basis for evaluation of the application:

3.1 Catchers of Live Fish

a. Brief description of the project to include the following information:

1. Type and purpose of the project
2. The areas of operation (sitio,barangay, municipality)
3. Project Cost
4. Location and present condition (sandy substrate, coral reef area, etc.) of the sites where live fish are to be caught, including location map of area of operation indicating the names of adjacent water bodies and landmarks
5. Project Operation

• Type of fish or marine products to be caught
• Method to be used or to employed in capturing the fish alive
• Stocking time prior to transport
• Marketing

b. Resolution of endorsement from the Sangguniang Bayan of each municipality where catching shall be undertaken and Sangguniang Pambarangay of each Barangay where fish cages used for temporary stocking purposes were established.

c. Written commitment using the attached Letter of Commitment format (Attachment A ) to submit to PCSD a monthly report (Attachment B) indicating the following data:

1. Date fish was caught
2. Species caught
3. Site where live fish were caught or sourced (indicate name of bay, barangay and municipality )
4. Volume caught and/or harvested, and sold per species and places of sale
5. Method of catching
6. Name and address of buyer

d. Certification from BFARMC Chairman indicating the source/origin of fish and stating that the method used in catching is non-destructive.

3.2. Traders of Live Fish

a. Brief description of the project to include:

1. Type and purpose of the project
2. Target monthly volume to be traded
3. Project Cost
4. Location/areas (sitio, barangay, municipality) of operation, location map of area of operation indicating the name of adjacent water bodies and landmarks)
5. Project operation

• Type of fish or marine products to be traded
• Methods of fishing employed by the catcher/seller in capturing the live fish
• Areas where live fish are to be brought
• Marketing

b. Resolution of endorsement from Sangguniang Bayan of each municipality and Barangay where trading (both buying and selling) shall be undertaken:

c. Written commitment ( Attachment C ) to submit to PCSD every first week of each month the following documents indicating information on every trading transaction made during the preceding month.

(i) Monthly report(Attachment D) Indicating the following data:

• Date of Trading
• Site where fish was caught by the catcher-source
• Method of catching used by the catcher-source
• Volume (kg and number) per species of live fish bought from the catcher-source
• Volume kg and number) per species sold by the trader/proponent and place of sale and name and address of buyer(s) who purchased from the proponent / trader

(ii) Photocopy of the Auxiliary Invoice issued by the Municipal Government for all live fish traded within the month; and

(iii) Verified photocopy of the Certification from any government recognized Cyanide Detection Test laboratory stating that the live fish being traded is cyanide-free.

d. Certification from BFARMC Chairman indicating the source/ origin of fish and stating that the method used in catching is non-destructive

e. Zoning Clearance from the Municipal Planning and Development Office of the Municipality permitting said activity in the area.

3.3 Carriers of Live Fish and Other Aquatic Resources ( As amended by PCSD Resolution No. 03-211)

CARRIERS seeking accreditation shall submit the following documents to the PCSDS, to wit:

a. Brief description of the project to include the following information:

1. Type of project
2. Purpose of the project/target monthly volume to be transported
3. Area of operation

• Port of origin(s)
• Port of destination(s)

(iv) Project Cost

(v) Project operation

• Type of live fish to be transported
• Monthly volume of live fish to be transported
• Mode of packaging

b. Resolution of endorsement from the Sangguniang Bayan of each municipality where the carrier shall operate;

c. Written commitment (Attachment E) to submit to PCSD every first week of each month the following documents indicating information on every trading transaction made during the preceding month:

(i) Monthly report (Attachment F) indicating the date when live fish was transported; kinds/types of fish species and the corresponding volume transported; name and address of consignor; name and address of consignee; place of origin and destination of shipment.

(ii) Verified photocopy of Certification from the Multi-partite monitoring team or any government recognized Cyanide Detection Test laboratory stating that the live fish being transported is cyanide-free

(iii) Verified photocopy of the Auxilliary Invoice issued by Municipal Government to the consignor or shipper of live fish

d. Copy of the Land Transportation and Franchising Regulatory Board (LTFRB), Land Transportation Office (LTO), Air Transportation Office (LTO), Maritime Industry Authority (MARINA) and/or Coast Guard Registration Papers of the CARRIER as well as of the vehicles, aircrafts or seacrafts used or employed by them for the transport of such live fish and other aquatic resources. ( As amended by PCSD Resolution No. 03-211)

3.4 Culture of Live Fish

a. Brief description of the project to include:

1. Type and purpose of the project
2. Area of opeation (sitio, barangay, municipality)
3. Project cost
4. Present condition of the project site (substrate, presence of seagrass and corals, marine water, etc.) where fish cages are to be established, including a sketch map of the area noting adjacent bodies of water and landmarks
5. Project operation

• Species of fish species to be cultured
• Construction/size of cages
• Stocking Density
• Feeding Pattern
• Maintenance
• Harvesting
• Marketing

(vi) Impact of the project

(vii) Mitigating/Enhancement Measures

(viii) Abandonment Plan

b. Sketch design of proposed fish cages.

c. Resolution of endorsement from the Sangguniang Bayan of each municipality and each barangay where fish cages were established.

d. Written commitment (Attachment G) to submit to PCSD every first week of each month a monthly report (Attachment H) indicating the following data:

1. Date and type of fingerlings cultured and the corresponding volume (number)
2. Name and address of catcher/source of fingerlings, method used in catching.
3. Volume(piece/kg) of fish sold in the preceding month.
4. Number of remaining fish per compartment.
5. Name and address of buyer.

e. Zoning Clearance from the Municipal Planning and Development Office of the municipal allowing the establishment of fish cages in the area.

f. Certification from BFARMC indicating the source/origin of live fish and stating that the method used in catching the fingerlings is non-destructive.

3.5 Storage or Warehousing of Live Fish ( As amended by PCSD Resolution no. 03-209)

a. Brief description of the project to include:

1. Type and purpose of the project
2. Target volume to be stored
3. Area of operation (sitio, barangay,municipality)
4. Project Cost
5. Project operation

b. Resolution of endorsement from the Sangguniang Bayan of the municipality and barangay where the storage or warehouse is to be established.

c. Written commitment to submit to PCSD every quarter a report indicating the number, weight and sizes of the live fish stored as well as the period of storage for the same.

d. Zoning Clearance from the Municipal Planning and Development Office of the municipal allowing the establishment of live fish storage or warehouse in the area.

Section 4. Processing Fee

The proponent shall pay to the PCSD, through the PCSDS, the applicable processing fee as provided for in PCSD Administrative Order No. 02 Series of 1999, as amended by PCSD Administrative Order No. 00-04, series of 2000.

Section 5. Evaluation and Approval

5.1 The PCSDS shall conduct an evaluation of the documents submitted by the proponent including the evaluation of PCSDS field staff. Upon confirmation of the adequacy and veracity of the submitted documents, the PCSDS shall submit its recommendation to the PCSD. Thereafter, the PCSD shall either approve or deny the application. ( As amended PCSD Resolutions No. 03-209)

5.2 Once approved , the Accreditation shall be valid and effective for only ONE (1) Year from the date of its issuance subject to renewal, for the same period of time, upon satisfactory evaluation of the record and performance, among others, of the holder. ( As amended PCSD Resolutions No. 03-209)

5.3 All Certificates of Accreditation issued prior to the approval of the present amendments to PCSD Administrative Order No. 00-05 shall be valid until December 31, 2003, subject to renewal in accordance with the provisions of the said Order. (As amended PCSD Resolutions No. 03-209)

5.4 Certificates of Accreditation issued by the PCSD in accordance with and pursuant to the provisions of Administrative Order No. 00-05, as amended, shall include an express and written undertaken on the part of the CARRIER-, CATCHER-, TRADER-, FISH CAGE OPERATOR-, and FISH STORAGE OPERATOR-grantee of such Certificate of Accreditation that it assents to the conduct of periodic inspection, by duly authorized representatives of the PCSD, of its conveyances, equipment and storage facilities, whichever is applicable, for compliance with the mandatory provisions of this Administrative Order as well as the SEP Law and other laws, rules, regulations, ordinances, and similar legislations, governing the catching, trading, transport, storage or other activities involving live fish within the Province of Palawan. (As amended by PCSD Resolution No. 03-211)

5.5 The foregoing inspection and visitorial powers of the PCSD shall be exercised by the latter upon reasonable hours of the day or night, with or without prior notice to the CARRIER, CATCHER, TRADER, FISH CAGE OPERATOR, or FISH STORAGE OPERATOR involved. (As amended by PCSD Resolution No. 03-211)

5.6 Failure on the part of any CARRIER,CATCHER,TRADER,FISH CAGE OPERATOR or FISH STORAGE OPERATOR to comply with the aforementioned written and express undertaking and refusal, on its part or on the part of any of its officers, employees, agents or other persons acting on its behalf, to the conduct of such periodic inspections by the PCSD shall give rise to the imposition of the appropriate penalties upon violators in accordance with the provisions of Sections 10.4, 10.6 and 10.7 hereof. ( As amended by PCSD Resolution No. 03-211)

Section 6. Monitoring

The Multi-partite Monitoring Team, as defined in Section 1.10, shall be organized by PCSD to conduct monitoring activities pertaining to the implementation of this Administrative Order. A cyanide detection equipment to be provided by the DA-BFAR shall be the main monitoring tool of the monitoring team for concurrence by the concerned parties.

Section 7. Additional Requirements For Airline and Shipping Companies and Other Common Carriers ( As amended by PCSD Resolution No. 03-211)

In addition to securing the necessary PCSD Certificate of Accreditation before they could load, carry or transport live and other aquatic resources, whether fresh or saltwater in origin, within and out of the Province of Palawan, airline and shipping companies as well as other common carriers shall require SHIPPERS of such live fish and other aquatic resources to present copies of the following documents prior to the acceptance and loading of any such shipments, to wit.

1. Mayor's Permit
2. Auxiliary Invoice
3. PCSD Accreditation

Section 8. General Provision

In the case of the City of Puerto Princesa, live fish as defined in Section 1 of this Order shall apply only to those permitted under Section 4 of Ordinance 110 of City of Puerto Princesa.

In the case of other municipalities in Palawan, live fish as defined in Section 1 of this Order shall apply only to those permitted under Section 3 and 4 of Provincial Ordinance No. 332, series of 1998 of the Provincial Government of Palawan.

Section 9. Accreditation or Storage or Warehousing of Live Fish ( As amended PCSD Resolutions No. 03-209)

9.1 Any person, natural or juridical, who is not a CATCHER, TRADER or CARRIER or one who is licensed and accredited as such Catcher, Trader or Carrier or one whose license or accreditation as such Catcher, Trader or Carrier has expired, who, at the same time, offers services or engages in the business or trade of storage or warehousing of live fish, for any consideration, monetary or otherwise, to the public, must secure an Accreditation and permit from the PCSD to engage in such business or trade and to operate facilities for such.

9.2 Any person, natural or juridical, shall be presumed to be engaged in the storage or warehousing of live fish when he has, in any storage, whether or not owned by it but under its control and supervision, equipment and paraphernalia, such as but not limited to aquarium facilities, aerator, storage boxes and storage area, purposely to keep (food) fish alive; and having left live fish in storage for more than one (1) day.

9.3 Accreditation for persons engaged in the business or trade of storage or warehousing of live fish shall likewise be effective for one (1) year only subject to renewals for the same period of time.

9.4 Persons duly accredited to engage in such storage or warehousing activities shall be required to make quarterly reports to PCSD data on the following matters, among others, to wit: the live fish species stored, the owners thereof, the number, weight and sizes of the live fish stored as well as the period of storage for the same.

Section 10. Penalties and Prohibitions (As amended PCSD Resolutions No. 03-209)

10.1 Prohibitions - No culture, catching, trading, transport, storage or warehousing of live fish species defined under this Order shall be undertaken without the prescribed PCSD Accreditation ( As amended PCSD Resolutions No. 03-209).

10.2 Other Prohibitions

(a) Holders of PCSD Accreditation are prohibited from transacting live fish business with unaccredited person(s), natural or juridical. If nay of the parties in a live fish transaction is unaccredited, all parties are subject to the penalties herein provided.

(b) Holders of PCSD Accreditation are not allowed to let other person(s), natural or juridical, use the certificate of accreditation for purposes of engaging in any of the live fish operations. The certificate of accreditation is not transferable.

10.3 Commitment- All accredited live fish CATCHERS, TRADERS, CARRIERS, or those engaged in STORAGE or WAREHOUSING shall strictly comply with the terms and conditions of the Letter of Commitment submitted to the PCSD and to the terms and conditions stated in the Certificate of Accreditation (As amended PCSD Resolutions No. 03-209).

10.4 Fines- Violators of Sections 8,9.1 and 9.2 of this Order, shall be FINED in accordance with the following schedule (As amended PCSD Resolutions No. 03-209):

a. CATCHERS of live fish found in violation of the aforementioned provisions of this Order, shall be FINED the amount of FIVE THOUSAND PESOS (P 5,000), in the minimum, to ONE HUNDRED THOUSAND PESOS (PhP 100,000) in the maximum.

b. CARRIERS of live fish found in violation of the aforementioned provisions of this Order, shall be FINED the amount of FIFTY THOUSAND PESOS (PhP 50,000), in the minimum, to TWO HUNDRED THOUSAND PESOS (PhP 200,000) in the maximum.

c. TRADERS of live fish found in violation of the aforementioned provisions of this Order, shall be FINED the amount of ONE HUNDRED THOUSAND PESOS (PhP 100,000), in the minimum, to FIVE HUNDRED THOUSAND PESOS (PhP 500,000) in the maximum.

10.5 In fixing the FINES in accordance with and within the range prescribed in the immediately preceding paragraph, the following shall be considered as either aggravating or mitigating circumstances (As amended PCSD Resolutions No. 03-209):

a. Prior violation(s) of this Administrative Order or other fisheries laws, rules and regulations;

b. Use of noxious or prohibited substances in the practice of its business;

c. When the violation is committed on the occasion of, pursuant to or as a a means of committing another or a separate offense or violation of any law, ordinance or decree;

d. Dealing in, transporting or trading live fish known or could have been reasonably known to him as having been caught with the use of noxious substances or in violation of fishery laws, ordinances or decrees;

e. Scale and scope of its operation and its capacity to directly or indirectly affect or influence the live fish trading business or activity;

f. Nature and gravity of the violation.

g. Transport of noxious substances such as cyanide and its derivative/forms.

10.6 Forfeiture - Conveyances used and live fish caught and other objects used by any catcher, fish cage operator, trader or carrier operating in violation of Sections 8, 9.1 and 9.2 of this Order shall be confiscated and forfeited in favor of the government. The disposition of confiscated, items shall be subject to existing rules and regulations on forfeiture.

10.7 Additional penalties. (As amended PCSD Resolutions No. 03-209) Without prejudice to the imposition of fines for every violation under Section 9.3, violations of Sections 9.1 and 9.2 shall be subject to the following:

a. Suspension of accreditation for the first offense;

b. Cancellation of accreditation for the second offense;

c. Closure of the establishment for operating without PCSD accreditation.

Section 11. Charter or Lease of Aircraft By Accredited Carriers. ( As amended PCSD Resolutions No. 03-209 )

Chartering or leasing of unaccredited aircraft by an accredited carrier shall constitute violation of PCSD Administrative Order No. 05 as amended. Only accredited aircraft shall be allowed to carry live fish as defined in PCSD Administrative Order No. 05 as amended.

Section 12. Effectivity. (As amended PCSD Resolutions No. 03-209)

These amendments shall take effect fifteen (15) days after their publication in a newspaper of general circulation. Copies of the same shall likewise be deposited at the National Administrative Register at the UP Law Center, Diliman, Quezon City.

So Ordered.

Downloadable Forms here

Attachment "A"		Letter of Commitment, Catcher
Attachment "B"		Monthly Report for Live Fish, Carrier
Attachment "C"		Letter of Commitment, Trader
Attachment "D"		Monthly Report for Live Fish, Trader
Attachment "E"		Letter of Commitment,Carrier
Attachment "F"		Monthly Report for Operator of Live Fish Carrier, Operator
Attachment "G"		Letter of Commitment,Cage Operator
Attachment "H"
Attachment "I"		Marine Finfish, Culture Stock Data Sheet
Attachment "J"		Letter of Commitment,Storage and Warehouse Operator
Attachment "K"		Quarterly Report for Storage and Warehouse Operator

The Palawan Council for Sustainable Development is a national agency under
the Office of the President of the Philippines