2009 Annual Reports - Bureau of Fisheries and Aquatic Resources

ANNUAL REPORT 2009vessel. Just like Tz Fu Tien, Chin Hong Chen, was alsocaught in flagrante delicto or on-the-act.The Assistant Provincial Prosecutors Officein Aparri dismissed the complaint citing lack ofevidence, however, BFAR RO2 filed motion forreconsideration, countering findings of the APPO.As of end December 2009 (and up to the releaseof this annual report on October 2010), the vesselwas put on hold in Buguey lagoon pending theresolution of cases.The bureau has also filed administrativecomplaint against the other foreign fishing vesselsapprehended by the local and provincial police andBantay Dagat volunteers in Batanes province asfollows:FB Qing Xing (BK 6705) docked alongside PCGpatrol craft in Port San Vicente, Sta. Ana, Cagayan.The vessel was apprehended by the Philippine CoastGuard in Calayan, Cagayan,Name of vessel Apprehended on / at Number of crewCT3 3995*December 4, 2008 near Ditarem Island,Itbayat1 Taiwanese &4 ChineseQ.NG 90127** March 23, 2009 near Ivujos Island, Sabtang 9 VietnameseQ.NG 95979** April 3, 2009 near Mavudis Island, Itbayat 12 VietnameseCT2 3759* April 22, 2009 near Ditarem Island, Itbayat 4 Taiwanese &1 ChineseFB QING XINGBK 6705*Sept. 20, 2009 at Dilam, Calayan, Cagayanapprehended by PCG CalayanCT2 3759 caught fire on July 10 at the sheltered port in Mahatao, Batanes.* Taiwanese vessel** Vietnamese vesselDue to inadequate or lack of naval assets,the police and volunteers in Batanes usually employimprovised tactics just to be able to apprehend theirtargets.The Taiwanese vessel CT3 3995 was found tobe a repeat offender, having been apprehended in theprovince some years back. The Vietnamese vessels,on the other hand, usually employ compressorfishing and endangered sea shells and turtles andother species were found aboard.FB Qing Xing, apprehended by PCG Calayan,paid a compromise fine amounting USD 25,000.00to BFAR thereby settling its administrative case withthe agency.BFAR Central Office, in consideration withthe recommendation from BFAR RO2, acceptedthe offer, though the amount is lower than theminimum stipulated in law, for reason that the earlydismissal of the administrative case thru paymentof administrative penalty is advantageous to thegovernment considering that the reasons presentedby the respondents outweigh the evidences leveled4 Taiwaneseagainst them.BFAR Central Office also gave weight totheir act of making the offer for compromise fine ascontrary to other poaching cases in region 02 in thepast wherein respondents would employ “illegal andcorrupt means to get out of government custody.”Although the administrative fine amounting1.14 million pesos, is lower than the minimumprescribed by law, BFAR Central Office accepted it,because the foreigners do not have the capacityto pay larger amount. It was learned that thecompromise fine was secured thru a loan in theirhome country.As of end December 2009 (and up to therelease of this annual report on October 2010), thecases filed against the Vietnamese and Taiwanese inBatanes were still pending. The foreigners are on holdin the Batanes Provincial Jail. All their vessels hadsunk at Mahatao Shelter Port as result of typhoonKiko.Campaign against local violatorsThe MCS 3005, during a routine patrol19