Implementing Rules and Regulations of Republic Act No. 9379, "An Act Defining Handline Fishing, Providing Effective Regulations Therefore and for Other Purposes" ( Joint DA-DOTC-NTC Administrative Order No. 01-16 )

May 23, 2016

JOINT DA-DOTC-NTC ADMINISTRATIVE ORDER NO. 01-16

Pursuant to Section 8 of Republic Act No. 9379, the following Implementing Rules and Regulations (IRR) are hereby prescribed to carry out the provisions of said Act.

RULE I

Preliminary Provisions

SECTION 1.1. Policy. —

It is the declared policy of the State to promulgate specific policies and procedures governing handline fishing and utilization of handline fishing boats, to support the development of the handline fishing industry and promote the competitiveness, sustainability and social development of handline fishing and its allied industries, to strengthen existing rules and regulations governing handline fishing and ensure the safety and seaworthiness of handline fishing boats.

In line with the foregoing, this IRR seeks to establish policies and procedures governing the registration and manning of handline fishing boats, the licensing of handline fishing boats and the licensing of radio communications equipment, radio stations and maritime safety devices utilized in handline fishing.

SECTION 1.2. Coverage. —

These rules and regulations shall apply to handline fishing operations and to all persons engaged in handline fishing as defined by RA 9379.

SECTION 1.3. Definition of Terms. —

For purposes of this IRR:

a. Act shall mean Republic Act No. 9379 otherwise known as "The Handline Fishing Law;"

b. Auxiliary Small Boat is a boat less than three (3) gross tons locally known as "pakura" or "sirisan" made of wood, fiber glass or any other material, with or without outrigger, propelled by a suitable engine and carried on board a handline fishing boat for use in handline fishing operations beyond municipal waters; CAIHTE

c. BFAR refers to the Bureau of Fisheries and Aquatic Resources;

d. Boat Captain License is the license issued by MARINA giving authority to the holder thereof to act as Boat Master of a handline fisting boat;

e. Boat Engine Officer License is the license issued by MARINA giving authority to the holder thereof to act as Boat Engineer of a handline fishing boat;

f. CA shall mean the Certificate of Admeasurement;

g. Citizen's Band (CB) Radio Service is a private, two-way short to medium distance voice communications service of fixed, land, mobile or portable stations intended for personal or business activities, which has an effective radiated power (ERP) not exceeding four (4) watts 8A3 emission;

h. CO shall mean the Certificate of Ownership;

i. CPR refers to Certificate of Philippine Registry;

j. Commercial Handline Fishing Boat License (CHFBL) refers to the license issued by BFAR to owners or operators of fishing boats engaged in handline fishing beyond municipal waters;

k. Commercial Handline Fishing Gear License (CHFGL) refers to the license issued by BFAR to owners or operators of handline fishing gear used beyond municipal waters;

l. DA shall mean the Department of Agriculture;

m. Distant Water Fishing Permit (DWFP) refers to a permit to fish beyond the Philippine Exclusive Economic Zone (EEZ);

n. Distant Waters refer to areas governed by a Regional Fisheries Management Organization (RFMO),the high seas, or waters of other coastal states;

o. EPIRB shall mean Emergency Positioning Indicating Radio Beacon;

p. FVSC shall mean Fishing Vessel Safety Certificate;

q. Global Positioning System (GPS) is a satellite-aided measurement system that enables a ship to locate its position anytime and anywhere expressed in degrees and minutes of latitude and longitude;

r. GT shall mean Gross Tonnage;

s. Handline fishing is a traditional fishing method that uses the hook and line, a passive fishing gear with a single vertical line carrying one hook, and used by simply dropping the line into the water and waiting for the fish to bite;

t. Handline Fishing Boat is a fishing boat with or without outrigger and with or without auxiliary small boats on board that exclusively utilizes the handline fishing method. Any reference to fishing boat in this IRR shall pertain to a Handline Fishing Boat;

u. Handline Fishing Boat Radio Station refers to a mobile radio station in the maritime mobile service on board a handline fishing boat;

v. Handline Fishermen refers to marginal fishermen operating handline fishing boats and using the handline fishing method;

w. MARINA shall mean the Maritime Industry Authority;

x. MSMC refers to Minimum Safe Manning Certificate;

y. NTC or Commission shall mean the National Telecommunications Commission;

z. PCG shall mean the Philippine Coast Guard;

aa. Philippine-flagged boat refers to a boat or watercraft registered under Philippine laws;

bb. PMMRR shall mean the Philippine Merchant Marine Rules and Regulations;

cc. Radio Operator is a person holding a Special Radio Operators Permit authorizing him to operate the radio communication equipment with a maximum operating power of 100 watts on single side band radiotelephony emission on board a licensed handline fishing boat;

dd. Radio transmitter/transceiver is a device capable of emitting radio waves or energy intended for transmission or/and reception of signal, messages or intelligence;

ee. R.A. 8550 shall mean Republic Act No. 8550 or the Philippine Fisheries Code of 1998 as amended by Republic Act No. 10654;

ff. SART shall mean Search and Rescue Transponder;

gg. Sea Area A1 refers to an area within the radio telephone coverage of at least one VHF coast station (30 nautical miles from coastal area);

hh. Sea Area A2 refers to an area, excluding sea area A1, within the radiotelephone coverage of at least one Medium Frequency (MF) coast station (30-100 nautical miles from coast area);

ii. Sea Area A3 refers to an area, excluding sea areas A1 and A2, within the coverage of an INMARSAT geostationary satellite in which continuous alerting is available (more than 100 nautical miles from coastal area); DETACa

jj. Single-Side Band (SSB) transceiver refers to a marine radio transceiver with a frequency range of 1.8-30 MHz and a maximum output power of 150 watts;

kk. SSIS refers to Ship Safety Inspection System; and,

ll. Very High Frequency (VHF) transceiver refers to a marine radio transceiver with a frequency range of 156-162 MHz and a maximum output power of 25 watts.

SECTION 1.4. Documents and Certificates. — All documents and certificates issued pursuant to the provisions of this IRR shall bear the words "HANDLINE FISHING BOAT".

SECTION 1.5. First Aid Supplies. — All handline fishing boats shall be provided with first aid supplies prescribed by a licensed medical practitioner.

RULE II

Handline Fishing Boat Documentation

SECTION 2.1. Handline Fishing Boat Documentation. — The registration, inspection, manning and other documentation of handline fishing boats as flag boats shall pertain to MARINA while the licensing and related documentation of said boats as fishing boats shall pertain to BFAR.

SECTION 2.2. Issuance of CPR and CO. — The MARINA shall issue CPR and CO to an owner/company/operator of a handline fishing boat upon compliance with the documentary requirements and payment of corresponding fees and charges. Only applications with complete and valid documentary requirements shall be accepted. Applications with incomplete requirements shall be returned to the applicant.

A. Documentary Requirements for new/unregistered fishing boats:

a. BFAR's prior registration of the Owner/Company/Operator;

b. Duly accomplished MARINA prescribed Application Form;

c. Complete MARINA approved plans, subject to the provisions of Section 5.1 and Section 5.2, Rule V, hereof;

d. Affidavit of Ownership;

e. Builder's Certificate;

f. CA; and

g. BFAR Clearance for registration.

B. Documentary Requirements for fishing boats acquired through local purchase or importation:

a. BFAR's prior registration of the Owner/Company/Operator;

b. Duly accomplished MARINA prescribed Application Form;

c. Letter-approval for local acquisition/Clearance for registration from Domestic Shipping Office for imported fishing boats;

d. BFAR clearance for registration; and

e. Previous Certificate of Philippine Registry and Certificate of Ownership for registered fishing boats.

SECTION 2.3. Issuance of FVSC and MSMC. — The MARINA shall issue the FVSC and MSMC to an owner/company/operator of a handline fishing boat upon compliance with the documentary requirements and payment of corresponding fees and charges. Only applications with complete and valid documentary requirements shall be accepted. Applications with incomplete requirements shall be returned to the applicant.

Documentary requirements for the issuance of FVSC and MSMC:

a. Duly accomplished MARINA prescribed Application Form;

b. Copy of CPR/CO;

c. Copy of Builder's Certificate for new construction;

d. Copy of Shell Expansion Plan, for new construction and newly dry-docked fishing boat; and

e. Copy of Load Line Certificate or Load Marking Certificate, if applicable.

SECTION 2.4. Other Conditions Pertaining to MARINA-Issued Documents. —

2.4.1. The application for issuance of CPR, CO, FVSC and MSMC shall be filed with the Central Office/MARINA Regional Office or its designated Extension Office where the owner/company/operator has its principal place of business or office, provided that inspection related to the issuance of FVSC and the issuance of the FVSC itself shall be undertaken by the MARINA Regional Office or its designated Extension Office that has jurisdiction over the homeport of the fishing boat.

2.4.2. The MARINA shall issue the corresponding certificates at least within three (3) working days after favorable evaluation and findings of the documentary requirements provided in this IRR and inspection.

2.4.3. Rule IV hereof shall govern the manning complement of a fishing boat.

SECTION 2.5. Fishing License and Related Documentation. —

2.5.1. Existing fishing boat owner/company/operator shall, within ninety (90) days from the effectivity of this IRR, register with BFAR for inventory.

2.5.2. The fishing boat owner/company/operator shall secure with BFAR a Commercial Handline Fishing Boat License and a Commercial Handline Fishing Gear License before engaging in handline fishing.

2.5.3. The requirements for the issuance of new Commercial Handline Fishing Boat License are as follows:

a. Duly accomplished BFAR application form;

b. Two (2) copies of 5" x 7" boat picture showing the port, starboard and name of the boat;

c. Grid map indicating the proposed fishing ground/s;

d. Original or authenticated photocopy of the following:

i. CPR

ii. CO

iii. Valid FVSC

e. Approved Articles of Incorporation and By-Laws for corporation, the primary or secondary purpose of which is to engage in fishing, or business name registration, certificate for single proprietorship or partnership to accompany the first boat of the applicant to be licensed;

f. BFAR Inspection Report;

g. Duly accomplished fishing vessel/gear inventory form; and

h. Payment of corresponding license/registration fees.

2.5.4. The requirements for the renewal of Commercial Handline Fishing Boat License are as follows:

a. Duly accomplished BFAR application form, indicating the complete information on the owner or company's skiff boats;

b. Original or authenticated copy of latest and valid FVSC;

c. Submission of prescribed commercial handline catch logbook;

d. BFAR Inspection of the fishing boat and a report of the said undertaking; ATICcS

e. Duly Notarized Affidavit of Undertaking executed by the applicant that the fishing boat is not involved in any administrative and/or judicial case; and

f. Official receipt of payment for CHFBL.

2.5.5. The requirements for the issuance of a CHFGL are as follows:

a. Payment of application fee;

b. Duly accomplished BFAR Fishing Gear License Application Form;

c. Picture of Fishing Gear;

d. Inspection report showing compliance with requirements for the fishing gear;

e. Name of fishing ground; and

f. Payment of license fee.

2.5.6. The requirements for the issuance of Distant Water Fishing Permit (DWFP) are as follows:

a. Letter of intent to fish in the high seas or waters of another Coastal state;

b. Duly accomplished BFAR DWFP application form;

c. Original copy of the valid Commercial Handline Fishing Boat License;

d. Grid map indicating the proposed fishing grounds; and

e. Payment of corresponding permit fee.

2.5.7. Other conditions in the issuance of CHFBL and DWFP.

a. The application for issuance and renewal of CHFBL shall be filed with the BFAR Central Office or the Fisheries Regional Field Office who has jurisdiction over the homeport of the fishing boat. However, the BFAR Central Office shall have the sole authority for the approval and issuance of new CHFBL.

b. The CHFBL shall be valid for a period of three (3) years to commence from the date of issuance of the license.

c. The application for issuance and renewal of DWFP shall be filed with the BFAR Central Office or the Fisheries Regional Field Office who has jurisdiction over the homeport of the fishing boat. However, the BFAR Central Office shall have the sole authority to issue DWFP, whether new or renewal.

d. The DWFP shall be valid for a period of three (3) years to commence from the date of issuance of the permit.

e. The owners and operators of commercial handline vessels shall, indicate in their CFVLs, the number of "Pakura" or "Sirisan".

f. The skiff boats shall be ad-measured, identified and indicated in the CFVL of the catcher vessels.

g. A company who obtains a fishing license/permit to conduct fishing in the waters of another coastal state, shall submit a copy of such license/permit to fish to the DA-BFAR, within thirty (30) days from the actual receipt of the license. Upon failure of the grantee to explain the reason for the non-compliance, within thirty (30) calendar days from receipt of the demand from DA-BFAR, the company will be subjected to administrative action in accordance with law.

2.5.8. Grounds for cancellation or revocation of CHFBL.

 The CHFBL shall be subject to cancellation or revocation on any of the following grounds:

a. Violation of any existing fishery laws, decrees, letter of instructions or its implementing rules and regulations;

b. Non-compliance with the terms and conditions of the license, which include submission of catch report;

c. False or fraudulent statements in the application thereof by the applicant or his representative;

d. When public interest so requires.

2.5.9. Prior to the issuance of CHFBL and DWFP, the applicant shall pay the corresponding fees and charges.

2.5.10. Reportorial requirements:

A. Catch Reporting. Recording of catches shall be accomplished on a daily basis. Records shall be made available to any authorized fisheries officer or observer, at any time upon demand, during and after each fishing operation. A summary of the records shall be transmitted manually on a quarterly basis to DA-BFAR.

B. Report of transfer or ownership. The owner/operator of a duly licensed commercial handline fishing boat shall notify the BFAR in writing of any intention to transfer the ownership of the vessel within ten (10) days before its intended transfer to another person who is qualified to own the same, with a copy of such document submitted to BFAR within thirty (30) days after its transfer to another person. TIADCc

RULE III

Fishing by Handline Fishing Boats in Distant Waters

SECTION 3.1. Fishing by Philippine Handline Fishing Boats in Distant Waters. — Owners or operators of handline fishing boats of Philippine registry may engage in fishing in distant waters, Provided,That they shall comply with the appropriate and applicable safety, manning, radio communications and other standards and requirements designed to promote seaworthiness, Provided, also,That they shall secure a distant water fishing permit from BFAR and license from the Coastal State, where applicable, as well as the certificate of clearance from BFAR: Provided, further;That the fish caught by handline fishing boats shall be considered as caught in Philippine waters and shall not be subject to all import duties and taxes when the same is landed in government-designated fish landing sites and fish ports in the Philippines: Provided, finally,That fishermen onboard Philippine registered handline fishing boats conducting fishing activities beyond the Philippine Exclusive Economic Zone are not considered as overseas Filipino workers.

SECTION 3.2. Compliance with Safety Standards. — Fishing boats operating in distant waters shall comply with the appropriate and applicable safety and manning requirements and standards designed to promote seaworthiness, such as not but not limited to the following provisions:

3.2.1. Fishing boats shall, at all times, be in seaworthy condition as to their hull and machinery, electrical installations, properly fitted with adequate navigational aids and equipment, firefighting equipment, life-saving appliances and that they are operated and maintained in accordance with the PMMRR and its subsequent amendments. The fishing boat shall be provided with lights, shapes, means of making sound signals and distress signals.

3.2.2. The Master of the fishing boat has the responsibility to see to it that, before proceeding to voyage, the fishing boat, in all respects, complies with Section 3.2.1 of this Rule and with such other safety and environmental rules and regulations promulgated by the appropriate government agency.

3.2.3. The Master shall not be constrained by the owner, company or operator from taking any decision which, in his professional judgment, is necessary for safe navigation, in particular, in severe weather condition and in heavy seas.

3.2.4. The MARINA shall conduct the necessary ship inspection to ensure that the machineries, installations, equipment and appliances of a handline fishing boat referred to Section 7.1 of this Rule complies with the requirements of PMMRR 97 and its subsequent amendments and that they are properly maintained and in good working condition.

3.2.5. The procedures in the conduct of ship inspection are as follows:

a. Subject to Section 2.4.1, Rule II of this IRR, the application for ship inspection shall be filed at the MARINA Central Office/Maritime Regional Office where the fishing boat is homeported.

b. In case the fishing boat is not in its homeport or within the area of jurisdiction of the MARINA Office where it was registered, at the time of the scheduled inspection, said MARINA Office shall immediately request the nearest MARINA Office where the fishing boat is located, to conduct the necessary inspection.

c. The inspection report shall be prepared by the MARINA inspector/s within twenty-four (24) hours after completion of the inspection.

d. Where 3.2.5.b. applies, the inspection report shall be forwarded to the appropriate MARINA Office within twenty-four (24) hours after completion of the inspection.

SECTION 3.3. Compliance with Other Safety Standards. — Fishing boats operating in distant waters shall comply with the appropriate and applicable radio communications and other standards and requirements geared at promoting seaworthiness, such as but not limited to the following provisions:

3.3.1. No handline fishing boat shall attempt or willfully leave any Philippine port without the prescribed radio installation on board, as follows:

a. Below 300 GT covering Sea Area A1

i. VHF radio equipment with capability on 156.8/156.6/156.3 MHz or CB radio equipment with capability on Channel 35/40

ii. Global Positioning System (GPS) receiver

iii. Optional, VHF marine portable radio

iv. Optional, VHF marine portable radio of 3W and below secured from NTC-accredited radio dealer, subject to one time registration.

b. Below 300 GT covering Sea Area A2

i. VHF radio equipment with capability on 156.8/156.6/156.3 MHz or CB radio equipment with capability on Channel 35/Channel 40 AIDSTE

ii. SSB radio equipment with capability on 2182/4125/6215.5 KHz

iii. Global Positioning System (GPS) receiver

iv. Optional, VHF marine portable radio

v. Optional, VHF marine portable radio of 3W and below secured from NTC-accredited radio dealer, subject to one time registration.

c. Below 300 GT covering Sea Area A3

i. VHF radio equipment with capability on 156.8/156.6/156.3 MHz or CB radio equipment with capability on Channel 35/Channel 40

ii. SSB radio equipment with capability on 2182/4125/6215.5 KHz

iii. Global Positioning System (GPS) receiver

iv. Optional, VHF marine portable radio, EPIRB and/or SART

v. Optional, VHF marine portable radio of 3W and below secured from NTC-accredited radio dealer, subject to one time registration.

3.3.2. It shall be the duty of the licensed radio operator to operate properly the radio station and ensure that each authorized radio equipment is in good working condition, capable of transmitting and receiving messages in the following distress channels:

2182 KHz — HF/SSB International Distress Channel

4125 KHz — Alternate HF/SSB International Distress Channel

6215.5 KHz — Alternate HF/SSB International Distress Channel

156.8 MHz — VHF International Distress Channel

156.6 MHz — PCG Harbormaster

156.3 MHz — Intership

Chapter 35 — 27.355 MHz — Philippine Coast Guard (CB)

Channel 40 — 27.405 MHz — Emergency & Distress (CB)

3.3.3. Licensed Radio Operator of handline fishing boat shall, while in port, provide access to the representatives of the Commission to conduct inspection of the ship radio station at any reasonable time.

3.3.4. All handline fishing boat radio stations are required to maintain continuous radio watch during the navigation to promote safety.

3.3.5. The handline fishing boat owner/company/operator may establish a private coastal radio station under the following conditions:

a. The handline fishing boat owner/company/operator must own five (5) or more fishing boats within a given area to qualify for the grant of a license for one private coastal radio station for his own use;

b. The handline fishing boat owner/company/operator with less than five (5) fishing boats may, together with other handline fishing boat owners/companies/operators, jointly apply to qualify for an authorization to operate one (1) private coastal station; and,

c. The channel(s) to be authorized shall be on a preset frequency basis. The private coast station operator/s shall be assigned on a shared basis in any frequency(ies) which are subject to NTC frequency grouping plan for VHF, SSB and CB bands.

3.3.6. Only radiotelephone equipment type approved by the Commission shall be accepted for licensing and/or registration.

3.3.7. Licensing Procedures.

A. Requirements for New Handline Fishing Boat Radio Station License:

a. Properly accomplished application for New Handline Fishing Boat Radio License;

b. Properly accomplished application for Permit to Purchase transmitter(s)/receiver(s);and

c. Authenticated copy of CPR/CO and FVSC from MARINA.

B. Requirements for Renewal of Handline Fishing Boat Radio Station License:

a. Properly accomplished application for Renewal of Handline Fishing Boat Radio Station License;

b. Copy of Handline Fishing Boat Radio Station License to be renewed;

c. Authenticated copy of CPR/CO and FVSC from MARINA; and AaCTcI

d. Authenticated copy of valid Radio Operator Certificate with Certificate of Employment.

C. Requirements for Permit to Possess and Construction Radio Station License:

a. Properly accomplished application for Permit to Possess, and Construct Radio Station License;

b. Copy of Permit to Purchase;

c. Authenticated copy of CPR/CO and FVSC from MARINA;

d. Authenticated copy of valid Radio Operator Certificate with Certificate of Employment; and

e. Official Receipt from authorized radio dealer.

D. Requirements for Possession and Construction Radio Station License:

a. Properly accomplished application for Permit to Possess, Construct and Radio Station License;

b. Authenticated copy of valid Radio Operator Certificate with Certificate of Employment; and

c. Official Receipt from authorized radio dealer.

E. Requirements for New Handline Fishing Boat Private Coastal Radio Station:

a. Properly accomplished application for New Handline Fishing Boat Private Coastal Radio Station;

b. Properly accomplished application for Permit to Purchase transmitter(s)/receiver(s);

c. Authenticated copy of CO;

d. Authenticated copies of valid Handline Fishing Boat Radio Station License; and,

e. Network diagram.

F. Requirements for Renewal of Handline Fishing Boat Private Coastal Radio Station License:

a. Properly accomplished application for Renewal of Handline Fishing Boat Private Coastal Radio Station License;

b. Copy of Handline Fishing Boat Private Coastal Radio Station License to be renewed;

c. Copy of five (5) Handline Fishing Boat Radio Station Licenses; and

d. Authenticated copy of valid Radio Operator Certificate with Certificate of Employment.

G. The Licensing Procedures include payment of corresponding fees and charges.

3.3.8. Application for additional/change of equipment, modification, etc.

A. Requirements for additional/change of radio equipment of existing Handline Fishing Boat Radio Station License:

a. Properly accomplished application for Permit to Purchase; and

b. Copy of Handline Fishing Boat Radio Station License.

B. Requirements for modification of Handline Fishing Boat Radio Station License:

a. Properly accomplished application for Modification of Handline Fishing Boat Radio Station License;

b. Copy of Handline Fishing Boat Radio Station License;

c. Copy of Permit to Purchase; and

d. Official Receipt from authorized radio dealer.

C. Requirements for additional/change of radio equipment of existing Handline Fishing Boat Private Coastal Radio Station License:

a. Properly accomplished application for Permit to Purchase;

b. Copy of Handline Fishing Boat Private Coastal Radio Station License.

D. Requirements for modification of Handline Fishing Boat Private Coastal Radio Station License:

a. Properly accomplished application for Modification of Handline Fishing Boat Private Coastal Radio Station License; EcTCAD

b. Copy of Handline Fishing Boat Private Coastal Radio Station License;

c. Copy of Permit to Purchase; and

d. Official Receipt from authorized radio dealer.

3.3.9. The NTC shall evaluate the application, receive payment of corresponding fees and charges, and issue accordingly the Permit to Purchase/Radio Station License.

3.3.10. All unlicensed type-approved/accepted radio equipment currently operated by any Handline Fishing Boat Operator may be registered with the Commission for issuance of Permit to Possess within ninety (90) days from the effectivity of this IRR and upon payment of corresponding registration fees.

SECTION 3.4. Distant Water Fishing Permit. — The issuance and renewal of DWFP is governed by the provisions of Sections 2.5.6 and 2.5.7, Rule II of this IRR.

SECTION 3.5. Exemption from Import Duties and Taxes. — Fish caught by handline fishing boats shall be considered as caught in Philippine waters and shall not be subject to all import duties and taxes when the same is landed in government designated fish landings and fish ports in the Philippines. Fish caught by handline fishing boats are required to be landed and unloaded in BFAR designated fish landing sites and fish ports to qualify for availment of exemption from import duties and taxes. Fish caught by handline fishing boats landed and unloaded in fish landing sites and fish ports not designated by BFAR shall be subject to import duties and taxes.

SECTION 3.6. Treatment of Handline Fishermen. — Fishermen on board Philippine registered handline fishing boats conducting fishing activities beyond the Philippine Exclusive Economic Zone shall not be considered as overseas Filipino workers.

RULE IV

Manning Complement of Handline Fishing Boats

SECTION 4.1. Manning Complement of Handline Fishing Boats. — A handline fishing boat of Philippine registry, except auxiliary boats, when actually operated, shall be manned in accordance with the following:

a. A Boat Master who shall be a holder of a Boat Captain License; and

b. A Boat Engineer who shall be a holder of a Boat Engine Officer License.

SECTION 4.2. Boat Master. — The person holding the position of Boat Master shall be issued a Boat Captain License after submitting the following:

a. Certificate of Engagement from the present boat owner whom he works with;

b. Affidavit of boat owner taking the risk and responsibility for engaging the Boat Master; and

c. Certificate of Completion for theoretical and practical training for all applicants to the position.

 The Identification Card of the Boat Master shall bear the words "ONLY FOR HANDLINE FISHING BOAT".

SECTION 4.3. Boat Engineer. — The person holding the position of Boat Engineer shall be issued a Boat Engine Officer License after submitting the following:

a. Certificate of Engagement from the present boat owner whom he works with;

b. Affidavit of boat owner taking the risk and responsibility for engaging the Boat Engineer; and

c. Certificate of Completion for theoretical and practical training for all applicants to the position.

 The Identification Card of the Boat Engineer shall bear the words "ONLY FOR HANDLINE FISHING BOAT".

SECTION 4.4. Incumbent Boat Masters and Boat Engineers. — Upon the effectivity of this IRR, incumbent Boat Masters and Boat Engineers shall be issued their respective licenses after submission of the following:

a. Certificate of Engagement;

b. Affidavit of boat owner taking the risk and responsibility; and

c. Certificate of Completion for theoretical and practical training.

 The Certificate of Completion for theoretical and practical training shall be complied within one (1) year from the effectivity of this IRR.

SECTION 4.5. Seaman's Identification and Record Book (SIRB). — The Boat Master, Boat Engineer and other boat personnel required by the appropriate minimum safe manning document of a handline fishing boats that fish outside Philippine waters, shall also submit a copy of their respective Seaman's Identification and Record Book (SIRB).

4.5.1. The Boat Master, Boat Engineer, Ratings and other personnel required by the appropriate Minimum Safe Manning Certificate, for fishing boats that fish outside Philippine waters, shall secure a Seaman's Identification Record Book (SIRB) from MARINA. HSAcaE

4.5.2. Fishermen who do not perform navigational and engine watchkeeping nor involved in the operation of a handline fishing boat are exempted from the requirement under 4.5.1.

SECTION 4.6. Minimum Safe Manning. — The minimum safe manning of a handline fishing boat shall be in accordance with the following:

4.6.1. Fishing Boats engaged in Handline Fishing in Philippine waters.

	Deck Department
GT	Position	License	Number/s
15 GT and below	Boat Master	Boat Captain 1	1
Above 15 to below 35 GT	Boat Master	Boat Captain 2	1
			1
35 to below 100 GT	Boat Master	Boat Captain 3	1
	Deck Rating		1
100 to 150 GT	Boat Master	Boat Captain 3	1
	Deck Officer	Boat Captain 2	1
	Deck Rating		2
	Engine Department
KW	Position	License	Number/s
Below 200 KW	Boat Engineer	Boat Engine Officer 3	1
200 to below 500			1
KW	Boat Engineer	Boat Engine Officer 2	1
500 to below 750	Boat Engineer		1
KW	Engine Rating	Boat Engine Officer 1	2
	Boat Engineer	Boat Engine Officer 1	1
750 to 1000 KW	Engine Officer	Boat Engine Officer 2	1
	Engine Rating		3

* For fishing vessels 15 GT and below, the Boat Master may also act as the Boat Engineer provided he/she possesses both licenses. For fishing vessels above 15 to below 35 GT, the Boat Master may also act as the Boat Engineer provided he/she possesses both licenses subject to inspection and approval of MARINA.

** The minimum ship manning complement for handline fishing boats over and above the sizes indicated in the Table shall be governed by existing MARINA rules and regulations.

4.6.2. Fishing boats engaged in handline fishing in distant waters.

	Deck Department
GT	Position	License	Number/s
	Boat Master		1
15 GT and below	Deck Rating	Boat Captain 1	1
Above 15 to below	Boat Master		1
35 GT	Deck Rating	Boat Captain 2	2
	Boat Master	Boat Captain 3	1
35 to below 100 GT	Deck Officer	Boat Captain 2	1
	Deck Rating		2
	Engine Department
KW	Position	License	Number/s
Below 200 KW	Boat Engineer	Boat Engine Officer 3	1
200 to below 500	Boat Engineer		1
KW	Engine Rating	Boat Engine Officer 2	1
	Boat Engineer		1
500 to below 750	Engine Officer	Boat Engine Officer 1	1
KW	Engine Rating	Boat Engine Officer 2	1
	Boat Engineer	Boat Engine Officer 1	1
750 to 1000 KW	Engine Officer	Boat Engine Officer 2	1
	Engine Rating	Boat Engine Officer 3	1

* The minimum ship manning complement for handline fishing boats over and above the sizes indicated in the above Tables shall be governed by existing MARINA rules and regulations.

4.6.3. The license issued by MARINA to an Engine Officer shall mean as equivalent to the license required under this IRR, as follows:

License issued under MARINA	License required under this IRR
regulations
Motorman	Boat Engine Officer 3
Marine Diesel Mechanic 2	Boat Engine Officer 2
Marine Diesel Mechanic 1	Boat Engine Officer 1

RULE V

Construction of Handline Fishing Boats

SECTION 5.1. Admeasurements. — Existing and newly constructed handline fishing boats shall be admeasured/re-admeasured and shall follow prepared boat plans based on the following:

5.1.1. For boats of five (5) gross tons and below including auxiliary boats, a picture and actual dimensions of the boat submitted by the owner or boat builder;

5.1.2. For boats above five (5) gross tons, the boat plan signed and sealed by a Naval Architect and Marine Engineer. HESIcT

SECTION 5.2. Construction Plans of Sister Ships or Ships with Similar Specifications. — Boat plans complying with the dimensions and specifications of a previously approved and sealed plan by a registered Naval Architect and a Marine Engineer shall be considered as having been approved and sealed by a registered Naval Architect and a Marine Engineer.

SECTION 5.3. Requirements for Issuance of Tonnage Certificate. —

5.3.1. For handline fishing boats five (5) GT and below:

a. Letter of application;

b. Picture and actual dimension; and

c. Payment of corresponding fees.

5.3.2. For handline fishing boats above five (5) to below fifteen (15) GT:

a. Letter of application;

b. Approved General Arrangement Plan, Construction Plan and Midship Section;

c. Builder's Certificate; and

d. Payment of corresponding fees.

5.3.3. For handline fishing boats above fifteen (15) to below fifty (50) GT:

a. Letter of application;

b. Approved Lines Plan, General Arrangement Plan, Construction Plan and Midship Section;

c. Duly notarized Builder's Certificate;

d. Duly notarized Affidavit of Ownership; and

e. Payment of corresponding fees.

5.3.4. For handline fishing boats fifty (50) GT and above:

a. Letter of application;

b. Approved Lines Plan, General Arrangement Plan, Construction Plan, Midship Section and Capacity;

c. Duly notarized Builder's Certificate;

d. Duly notarized Affidavit of Ownership; and

e. Payment of corresponding fees.

SECTION 5.4. Construction of Handline Fishing Boats. — Handline fishing boats shall not be constructed unless the same shall be in accordance with MARINA approved plans.

5.4.1. Requirements for plans approval for five (5) GT and below:

a. Letter of application;

b. At least three (3) copies of the following:

i. General Arrangement Plan

ii. Construction Plan

iii. Midship Section

c. Payment of corresponding fees.

5.4.2. Requirements for plans approval for above five (5) to below fifteen (15) GT:

a. Letter of application;

b. At least three (3) copies of the following:

i. General Arrangement Plan

ii. Construction Plan

iii. Midship Section

c. Payment of corresponding fees.

5.4.3. Requirements for plans approval for above fifteen (15) to below fifty (50) GT:

a. Letter of application;

b. At least three (3) copies of the following:

i. General Arrangement Plan

ii. Construction Plan

iii. Lines Plan and table of Offsets

iv. Midship Section

v. Specification and Arrangement of Main Propulsion and Auxiliary Machineries

vi. Shell Expansion Plan, for steel hull fishing boats

vii. Welding Schedule and Specification, for steel hull.

c. Payment of corresponding fees.

5.4.4. Requirements for plans approval for fifty (50) GT and above:

a. Letter of application; caITAC

b. At least three (3) copies of the following:

i. General Arrangement Plan*

ii. Construction Plan*

iii. Lines Plan and table of Offsets

iv. Midship Section*

v. Hydrostatic Curves

vi. Piping Plan (Diagram)

vii. Fire Fighting Arrangement and Fire Control Plan

viii. Specification and Arrangement of Main Propulsion and Auxiliary Machineries*

ix. Capacity Plan

x. Deck Wiring Layout

xi. Schematic Wiring Diagram

xii. Schedule of Loads and Electric Specifications

xiii. Installation of Lightning Arrester, for wooden hull*

xiv. Cross Curves and Statistical Curves of Stability, for one hundred (100) GT and above

xv. Scantling Calculation with Longitudinal Girder Strength, for steel hull

xvi. Shell Expansion Plan, for steel hull

xvii. Welding Schedule and Specification, for steel hull.

 *These are requirements only for wooden handline fishing boats 50 GT and above with outriggers.

c. Payment of corresponding fees.

RULE VI

Transitory Provisions

SECTION 6.1. Fees and Charges. — For the first year from the effectivity of this IRR, all the fees and charges being collected by BFAR, NTC and MARINA shall be subject to a thirty (30) percent reduction for the handline fishing boats. Thereafter, all the fees and charges shall revert to the existing rates.

SECTION 6.2. Rate Fixing and Rule-Making. — Any subsequent rules and rates of fees and charges affecting the handline fishing boats shall be governed by Section 9, Chapter Two, Book VII of Executive Order No. 292 or the Administrative Code of 1987 and Presidential Administrative Order No. 31, series of 2012.

RULE VII

Final Provisions

SECTION 7.1. Establishment of One Stop Shop. — To expedite the registration, licensing, inspection and other documentation of a handline fishing boats there is hereby created a one stop shop in areas identified by BFAR. The establishment of one stop shop areas must have the concurrence of MARINA, NTC, PCG and a Representative from the handline fishing industry organizations in the concerned area.

SECTION 7.2. Mandatory Review. — This IRR shall be subjected to a mandatory review every three (3) years by a Technical Working Group (TWG) to be created by BFAR to be composed of BFAR, MARINA, NTC, PCG and a Representative each from the fisherfolks and handline fishing industry organizations.

SECTION 7.3. Repealing Clause. — All circulars, rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

SECTION 7.4. Separability Clause. — If any section, subsection, clause or term of the Act or this IRR is declared illegal, invalid or unconstitutional, such parts that are not affected by such declaration shall remain in full force and effect.

SECTION 7.5. Effectivity. — These IRR shall take effect fifteen (15) days after its publication in a newspaper of general circulation and its filing with the Office of the National Administrative Register (ONAR).

Done, in the City of Manila, this 23rd day of May, in the year of Our Lord, Two Thousand and Sixteen.

(SGD.) PROCESO J. ALCALASecretary

(SGD.) JOSEPH EMILIO AGUINALDO ABAYASecretary

(SGD.) ATTY. GAMALIEL A. CORDOBACommissioner

Recommended by:

(SGD.) ATTY. ASIS G. PEREZDirector

(SGD.) MAXIMO Q. MEJIA, JR.,PH.D.Administrator

Published in The Philippine Daily Inquirer on June 10, 2016.