AN ACT DEFINING HANDLINE FISHING

Case Overview and Summary

Summary of Republic Act No. 9379 (The Handline Fishing Law)

Declaration of Policy (Section 2):
- Promulgate policies and procedures governing handline fishing and utilization of handline fishing boats.
- Support the development of the handline fishing industry and promote its competitiveness, sustainability, and social development.
- Strengthen rules and regulations governing handline fishing and ensure the safety and seaworthiness of handline fishing boats.

Definition of Terms (Section 3):
- Handline fishing: A traditional fishing method using a hook and line, a passive fishing gear with a single vertical line carrying one hook, dropped into the water and waiting for fish to bite.
- Handline Fishing Boat: A fishing boat with or without outrigger and auxiliary small boats on board that exclusively utilizes the handline fishing method.

Handline Fishing Boat Documentation (Section 4):
- Registration, inspection, manning, and other documentation of handline fishing boats as flag boats shall be with the Maritime Industry Authority (MARINA).
- Licensing and related documentation of handline fishing boats as fishing boats shall be with the Bureau of Fisheries and Aquatic Resources (BFAR).

Fishing by Philippine Handline Fishing Boats in International Waters (Section 5):
- Handline fishing boats of Philippine registry may operate in international waters or waters of other countries that allow such operations, provided they comply with applicable safety, manning, radio communications, and other seaworthiness standards.
- They must secure an international fishing permit and certificate of clearance from the BFAR.
- Fish caught by handline fishing boats shall be considered as caught in Philippine waters and not subject to import duties and taxes when landed in designated fish landings and fish ports in the Philippines.
- Fishermen on board Philippine registered handline fishing boats conducting fishing activities beyond the Philippine Exclusive Economic Zone are not considered as overseas Filipino workers.

Manning Complement of Handline Fishing Boats (Section 6):
- Every handline fishing boat of Philippine registry, except auxiliary boats, when operated, shall be manned as follows:
- Boat Master: Issued a Boat Captain License after submitting required documents and completing theoretical and practical training. The Identification Card shall bear the words "ONLY FOR HANDLINE FISHING BOAT".
- Boat Engineer: Issued a Boat Engine Officer License after submitting required documents and completing theoretical and practical training. The Identification Card shall bear the words "ONLY FOR HANDLINE FISHING BOAT".
- For handline fishing boats that fish outside Philippine waters, the Boat Master, Boat Engineer, and other required personnel shall also submit a copy of their Seaman's Identification and Record Book (SIRB).

Construction of Handline Fishing Boats (Section 7):
- Existing and newly constructed handline fishing boats shall be admeasured/re-admeasured and follow prepared boat plans based on:
- For boats of five gross tons and below, including auxiliary boats: A picture and actual dimensions submitted by the owner or boat builder.
- For boats above five gross tons: Boat plan signed and sealed by a Naval Architect, or complying with previously approved and sealed plans by a registered Naval Architect.

Implementing Rules and Regulations (Section 8):
- The Secretary of the Department of Agriculture, within ninety (90) days from the approval of this Act, through a technical working committee composed of concerned government agencies, in consultation with fisherfolk and handline fishing industry organizations and other stakeholders, shall promulgate the necessary rules and regulations for the full implementation of this Act, including but not limited to:
- Establishment of a one-stop shop for the industry.
- Provision for first aid, life saving, and firefighting devices.
- Provision for operation of radio communication facilities.
- Reportorial requirements and similar standards that promote seaworthiness.

Repealing Clause (Section 9):
- All existing laws, decrees, executive orders, and rules and regulations or parts thereof which are inconsistent with this Act are hereby repealed or modified accordingly.

Effectivity (Section 10):
- This Act shall take effect fifteen (15) days after its publication in two newspapers of general circulation.