Republic of the Philippines Republic Act 7611

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1 Republic of the Philippines Republic Act 7611 PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT Puerto Princesa City SEASONAL CONTROL THROUGH OPEN-AND-CLOSE SEASON WITH SIZE-CATCH LIMITS TO SUSTAIN THE REEF-FOOD-FISH (RFF) TRADE IN PALAWAN, PHILIPPINES Policy Recommendation to the Council 18 September P a g e

2 Executive Summary Anecdotal evidence of fisheries overexploitation is abundant; fishing pressure is high and unmanaged. There is possible occurrence of biological overexploitation indicated by decline in catches and catch rates. Fishers observe that there are lots of empty reefs throughout the Philippines and some other coastal countries, Spatial-seasonal control, such as designating open and close seasons, is one of the common regulations imposed by governments to control the overexploitation of the marine fish species. Closed seasons particularly prevent people from fishing at certain times of the year to protect species at vulnerable times in their life cycle, such as during spawning seasons. A seasonal closure is a form of spatial control that can be used to protect spawning aggregations. Meanwhile, the associated increase in targeting juvenile fish in response to overexploitation of adults, coupled with the capture of oversized and large spawners for both domestic consumption and export as fresh fish, lead to depletion of brood stock that replenish the population in the wild. Setting the minimum size of grouper to be caught provides an opportunity for all maturing fish individuals to spawn at least once before being captured for trade. On the other hand, the maximum size catch limit shall prevent removal of productive parent stock (or broodstock) from the wild. Based on scientific studies in Palawan, these large and older fish, often referred to as megaspawners, give more eggs per body weight than smaller fish, with megaspawners having a size of 50 cm able to produce between 814,000 to 975,000 (almost 1 million eggs), as compared to young (or smaller) spawners at only 63,000 to 79,000 eggs. Currently, the Reef-fish-for-Food Industry (RFFI) in Palawan is effectively killing the goose that lays the golden eggs. Upon literature search and consultation with the concerned industry stakeholders and local government units, the PCSDS and the RFFI stakeholders came up with recommendations on setting the open and close season for capture and trade of Plectropomus leopardus ( suno /lapu-lapu) and the corresponding minimum and maximum-size catch limits in the entire province of Palawan. Open and Close Season. The technical working group for the RFFI, based on the scientific studies, recommends the imposition of the close season covering the main and secondary peak spawning period of the coral trout/grouper (suno) in Palawan as follows: 1 st closure = 16 June to 31 August of every year starting in nd closure = 16 October to 15 December of every year starting in The open season corresponds to the period in between the close season. The above schedule will reduce the complexity of seasonal control implementation, enforcement and monitoring. Size-Catch Limits. The technical working group for the RFFI agreed to recommend the following: Minimum size-catch limit of grouper to at least 32 centimeters (cm) total length. (This is despite the fact that various scientific studies of suno in Palawan point to the importance of allowing each fish to spawn at least once before being captured, which could be between: 35 cm recommended by Padilla et al (2003); 36 cm recommended by Xueying (2014), or the age of maturity of P. leopardus at around 38 cm in the municipality of Quezon in southern Palawan, and 39 cm in the municipality of Taytay in northern Palawan, (Palla, 2012). Maximum size-catch limit of grouper in Palawan at 47.5 cm TL, or 1,700 grams (1.7 kg), whichever is first met. Capture and trade of megaspawners more than this maximum size limit shall be prohibited. 2 P a g e

3 POLICY RECOMMENDATION 18 September Title Seasonal control through Open-and Close Season with Siez-Catch Limits to Sustain the Reef-Food- Fish Trade in Palawan, Philippines. 2.0 Objectives of the Policy Recommendation In pursuance of the proposed policy to sustain the RFF in Palawan, this paper aims to recommend the best possible spatial/seasonal control (i.e. open and close season) and size-catch limits in the implementation of the stakeholders-agreed option. 3.0 Background The oceans are in trouble overfishing has led to depletion of fish stocks around the world and has driven many species to critically endangered status. Governments have responded to the collapse of fishery stocks with a slew of regulations, many of them forcing fishing operators to be more selective in their harvest, whether by targeting certain species and regional populations, by mandating size or gender restrictions on catches, or by defining open and closed seasons for fishing, as in the United States where commercial fishing regulations set minimum-size limits on red snapper and many species of Atlantic tuna 1. Anecdotal evidence of overexploitation is abundant: fishers and dive operators are adamant that the live fish business is responsible for empty reefs through-out the Philippines and Indonesia 2. The live fish trade is characterized, from the viewpoint of the countries concerned as a sequence of boom-and-bust operations. Meaning, the fishery for market-sized fish tends to remain in one area for a short period of time, until the target fish become hard to find, then moves on to difference fishing grounds within a country, as in Southeast Asia, or to different countries, as in the western Pacific (Accessed 15 August 2014) 2 Erdman & Pet-Soede (1997). How Fresh is too Fresh? The Live Reef Food Fish Trade in Eastern Indonesia. Live Reef Fish Information Bulletin # 3, December Available 3 Sadovy et al (2003). While Stocks Last. The Live Reef Food Fish Trade. Pacific Studies Series. Asian Development Bank. 3 P a g e

4 The live reef fish for food fishery of Palawan is being over exploited and depleted as early as 2003, typical of the boom-and-bust regime. Why is there a need to regulate the RFF trade through imposition of spatial-seasonal control (i.e. open and close season)? Closed seasons prevent people from fishing at certain times of the year to protect species at vulnerable times in their life cycle, such as during spawning seasons 4. A seasonal closure is a form of spatial control that can be used to protect spawning aggregations. Many reef fish, groupers included, aggregate consistently every year at specific places and time to reproduce (spawn), usually according to specific moon phases, and hence, are highly predictable. Aggregation sites are often on the outer reef slopes, in reef channels or at drop-offs or promontories and form for just a few weeks (often spread over several lunar cycles) each year. The vulnerability of groupers while aggregating to spawn has been widely recognized 5. Grouper, the most commonly traded RFF, exhibit aspects of reproductive biology that make them particularly vulnerable to fishing, such as 6 : when fully grown, they have virtually no predators other than humans; they are not common (i.e. low abundance) relative to the animals at lower levels of the food chain, on which they feed; most are long lived, often attaining several decades; and they mature relatively late in life. 4.0 Analysis Seasonal Control: Open and Close Season Pomeroy et al (2005) suggested instituting key management measures towards sustaining the LRFF trade in Palawan, among which is the closed fishing seasons during spawning times and at aggregation sites 7. Xueying (2014) cited several studies on the spawning season of coral trout: new moon period during three consecutive nights from August to December on the northern Great Barrier Reef (Samoilys 1997, Zeller 1998), near full moon in Indonesia (Pet et al 2005), and December to February, April to May and in July in the Philippines based on preliminary examination of gonads (Mamauag 1997, Palla 2012) 8. WWF reported in its study of the LRFF in Quezon, Palawan it has been casually observed that groupers hatch their eggs during new moon, stating further that if their recommended study will confirm this, the LGU must promulgate an ordinance for a seven day close season. 9 Scientific studies, according to Pomeroy et al (2005), have established that groupers generally spawn during the lunar cycle (i.e. three days before and after a new moon and three days before and after a full moon). Samoilys and Squire (1994) also described that fish density in the spawning aggregations peaked during the new moon 10. Spawning period for the red coral grouper in northern Palawan has been identified as occurring in May to July and in November and December. 11 This same information was used by the Provincial Government of Palawan in prescribing limits to catching and trading of LRFT. 4 (Accessed 15 August 2014) 5 Sadovy et al (2003). While Stocks Last. The Live Reef Food Fish Trade. Pacific Studies Series. Asian Development Bank. 6 ibid 7 Pomeroy, Robert S., Michael D. Pido, John Francisco A. Pontillas, Benjamin S. Francisco, Alan T. White, Geronimo T. Silvestre, Evaluation of Policy Options for the Live Reef Food Fish Trade: Focus on Calamianes Islands and Palawan Province, Philippines, with Implications for National Policy. Palawan Council for Sustainable Development, Fisheries Improved for Sustainable Harvest Project, Provincial Government of Palawan. 8 Xueying, Sustainability of Coral Trout, Plectropomus leopardus, Fisheries in the Philippines and Indonesia. Masteral thesis, Hongkong University 9 WWF-Philippines Annual Report Summary of reports of all activities and studies apropos to Live Reef Food Fish Sustainability Project of the Coral Triangle (Province of Palawan, Philippines) Initiative submitted to the Palawan Council for Sustainable Development Staff. World Wide Fund for Nature Philippines. 10 Ferreira, B. (1997). Reproduction of the Common Coral Trout Plectropomus leopardus (Serranidae: Epinephelinae) from the Central and Northern Great Barrier Reef, Australia. Bulletin of Marine Science. 11 Pomeroy, et al P a g e

5 In Provincial Ordinance No. 941 series of 2006, the legislation stated 12 : Section 7. Closed Period for Live Reef Fishery Due to Spawning in Aggregation Sites for Enforcement by the Local Government Units Concerned. The local government units concerned shall, by ordinance, adopt a closed/open season mechanism for live reef fishery taking into account the scientific findings herein stipulated. Since it has been scientifically established that live reef fishery generally spawn during identified periods of time, particularly following lunar cycle, no live reef fishery activity of any kind whatsoever shall be allowed during such closed season which is hereby provided to be from months of May to July and November to December of every year. Protected enforcement measures in relation to the spawning periods of live reef fishes shall further be enhanced during the indentified critical phases thereof which have been determined as being three (3) days before and after a new moon and three (3) before and after full moon. As far as we know, this seasonal control has not been fully implemented (if ever, not well enforced and monitored), such that fishers and traders practically undertake RFF activities throughout the year, resulting to overexploitation of the resource. The limitation set by the Provincial Ordinance appears to have sound basis, as it practically used as reference the scientific study prepared by the Palawan Council for Sustainable Development, Provincial Government of Palawan, the Fisheries Improved for Sustainable Harvest Project, and consultants from Palawan State University and University of Connecticut, whose documentation is presented in Pomeroy et al (2005). An open-and-close season for catching, collection, caging, trade and transport of live grouper (lapulapu or suno) fish will be set for the whole province of Palawan. The advantage of this system is to enable targeted fish species to reproduce during its most fertile period of the year. Preventing the harvest of the target fish species during the close season will increase the odds of successful reproduction and investment for its population. The closed-season months can be based on various scientific studies or researches undertaken in Palawan, or similar studies elsewhere, foremost of these are those undertaken by the PCSDS, Western Philippines University, World Wildlife Fund and other concerned entities. The attached matrix presents the various options for spatial-season control through open-and-close season for live reeffish-for-food trade in Palawan. During the LRFF conference on 22 July 2014 at the Palawan Provincial Capitol in Puerto Princesa when the Honorable Governor Jose Ch. Alvarez inquired on when do the grouper spawn ( buntis ),, WWF-staff Rene Dela Calzada responded that their study with the Western Philippines University reveal that the peak spawning period of grouper is from December to February in northern Palawan, and November to January in southern Palawan. The WPU-WWF study is contained in Palla (2012), wherein it was stated: Spawning season differs slightly between two sites. In Quezon (Palawan), spawning occurred from November to January and July, while in Taytay (Palawan) from December to February and August... The length at maturity of P. leopardus was nearly the same between two areas. In Quezon, fish matures at 38 cm, while in Taytay fish matures at 39 cm in total length. 13 Thus, the participants consensus was to set the close season from November to February based on scientific studies. However, the traders appealed the exemption of February owing to the demand for LRFF during the Chinese New Year. 12 ibid 13 Palla, H. (2012). Seasonality of Fecundity and Spawning of Leopard Coral Grouper (Plectropomus leopardus: Serranidae) in Quezon and Taytay, Palawan. Western Philippines University and World Wide Fund-Philippines. Puerto Princesa City. 5 P a g e

6 The implementation of the chosen option will entail prohibiting the catching, collection, trade and transport of RFF during the close season. This will be complemented by the other activities enumerated in the PCSDS Policy Brief of August 2014, and imposition of size catch limits, which is discussed in the following section. Meanwhile, the summary of the options or seasonal control (open and close season) for grouper fishery is shown below, while the corresponding Gantt chart is made as attachment. Table 1. Summary of Options for the Open and Close Season of RFF in Palawan Reference WWF-WPU (Palla, 2012) Pomeroy et.al (2005) Mamaug (1997) and Palla (2012) cited in Xueying 2014 Xueying (2014) Findings for RFF Spawning Period North (Taytay) Palawan= December to February July to August South (Quezon) Palawan= November to January June to July May to July, November to December, 3 days before & after the full and new moons December to January, then April to May, and in July Lunar Cycle: before and after the Full and New Moons Recommended Seasonal Closure Close Open November to January to December June July to August May to July, then November to December December- January, then April-May, then July Before and after full and new moons of December to January, then April to May, and July September to October January to April, then August to October February to March, June, August to November February to March, June, August to November Remarks Same throughout the province No specific number of days mentioned, but sustained Mamaug & Palla s identified spawning months. 6 P a g e

7 OPTIONS FOR SPATIAL-SEASONAL CONTROL (OPEN-AND-CLOSE SEASON) FOR "LAPU-LAPU/SUNO" FISHERY IN PALAWAN STUDIES MONTHS OF THE YEAR JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Study Site, Reference Option 1. WWF-WPU Study Palla, Seasonality of Fecundity (Palla, 2012) in Quezon & Taytay and spawning of Leopard Coral Grouper (P.leopardus in Quezon Spawning Season: NORTH and Taytay, Palawan. This was mentioned Spawning Season: SOUTH by WWF during the live fish conference on July 22, Option No. 2. Pomeroy et al Pomeroy et al (2005). Evaluation of Policy (2005) Study on LRFF in Calamian options for the Live Reef Food Fish Trade: Focus on Calamianes Islands & Palawan. Close Season ɸ-3 ɸ-3 ɸ-3 ɸ-3 ɸ-3 Pomeroy et al (2005) studies that say (Made as reference by Provincial Ordinance No ) Option No. 3. Mamauag (1997) & Palla (2012) cited by Xueying (2014) Spawning: Close Season groupers spawn 3-days before & after the new and full moons (May to July and November-December in North Palawan. (ɸ = 3-day close season before & after the Full and New Moons) Xueying, Sustainability of Coral Trout, Plectropomus leopardus, Fisheries in the Philippines and Indonesia. Masteral thesis, Hongkong University. Based on "gonads" examination: grouper spawn in Palawan in Dec-Feb, April to Option No. 3A. Xueying's (2014) May, and July. Xueying did own studies Recommendation. in Taytay, Northern Palawan. (ɸ = refers to a certain number of days Spawning: Close Season ɸ ɸ ɸ ɸ ɸ ɸ close season before & after the Full and New Moons: no specified number). 7 P a g e

8 OPTIONS FOR SPATIAL-SEASONAL CONTROL (OPEN-AND-CLOSE SEASON) FOR "LAPU-LAPU/SUNO" FISHERY IN PALAWAN OTHER STUDIES MONTHS OF THE YEAR JAN FEB MAR APR MAY JUN JUL AUG SEPT OCT NOV DEC Study Site, Reference Australia: Reef Finfish From Sadovy, et al(2003): While Stocks Last: ADB Pacific Study Series (2003) The Live Reef Food Fish Trade. Pacific Studies Series, Asian Development Bank." Spawning: Close Season ɸ ɸ ɸ Great Barrier Reef fin-fish fishery United States: Grouper, Snapper > Red grouper, Yellowmouth grouper Spawning: Close Season > Snowy grouper, Silk snapper Spawning: Close Season management includes a 9-day "spawning closures" during the full moon in October, November and December, coinciding with the spawning period of Plectropomus spp. (ɸ = refers to the 9-day 'close season' around the Full Moon) South Atlantic Snapper Grouper Complex Commercial Regulations 8 P a g e

9 Complementary Control Mechanism: Size Catch Limit In the Philippines, Indonesia and Malaysia, fishing pressure is high and unmanaged, with possible occurrence of biological overexploitation indicated by decline in catches, catch rates, and sizes associated with an increase in targeting juvenile fish in response to overexploitation of adults. 14 The live food fish trade selects mostly plate-size fish, which are centimeters total length (TL) or 500 grams to 1 kilogram in fresh weight, best suited to the restaurant trade. 15 Setting the minimum size of grouper to be caught aims to minimize the possibility of immature and undersize fish being captured for trade and thus, deprives them the opportunity to initially spawn and reproduce to perpetuate the species. This scenario is now prevalent in Palawan, as the 2012 study of World Wide Fund for Nature (WWF) and Western Philippines University (WPU) revealed that many juveniles or immature fish are being captured in Palawan. In Quezon, the length at maturity was observed to be 38 cm. The study from October 2010 to July 2011 revealed that 64% (or 2/3) of catch have length below 38 cm, as such, only 36% or 1/3 have already reached maturity and assumed to have spawned. 14 Xueying, Sustainability of Coral Trout, Plectropomus leopardus, Fisheries in the Philippines and Indonesia. Masteral thesis, Hongkong University 15 ibid 9 P a g e

10 In Taytay, the length at maturity was found to be at 39 cm total length. The study revealed that 80% (4/5) of catch have length below 39 cm, meaning, only 20% or 1/5 have reached maturity and assumed to have spawned. High percentage of fish in sample catch was collected before maturity, and thus, never has the opportunity to reproduce. According to various studies cited by Xueying (2014), in theory, minimum sizes allow fish to mature and spawn at least once before being caught, whereas maximum sizes prevent the removal of most highly fecund fish. The studies further revealed the start of grouper sexual maturity: in the Great Barrier Reef, the size of first maturity for both sexes was about 27 centimeters fork length, which was similar to the size of 28 centimeters total length at age 5 (years old) for the Palawan stock in the Philippines. According to Ferreira (1995) 16 the size and age of first reproduction for females was 32 to 36 cm FL and 2 to 3 years of age in the Great Barrier Reef (GBR). Thus, the minimum legal size limit for coral trout is 38 centimeters in GBR, Australia, according to Xueying (2014) 17. In Palawan, Padilla et al (2003) observed that small individuals (24.0 to 47.0 centimeters total length) at age between two (2) and eight (8) years old, are being caught, subsequently posing ecological risks for the stocks or populations of the vulnerable P. leopardus. Its biological implication is that the fishery has been targeting not only large-sized adults but also young, sexually immature to maturing individuals. 18 Xueying (2014) recommended setting the minimum size catch for capturing, trading and grow-out to 36 centimeters TL (or total length). This minimum size limit of 36 centimeters TL protects the spawning stock from overexploitation and allows for a higher sustainable yield. Implementing the minimum size also means banning grow-out of fish smaller than 36 centimeters TL. 19 Meanwhile, Padilla et al (2003) recommended that size limit of the catch should be at least 35.0 centimeters total length. At this size, sex transition has been detected and some fish may have undergone several 16 I5 ibid 18 Padilla, Jose. Samuel Mamauag, Gilbert Braganza, Nilo Brucal, Dennis Yu, and Alvin Morales. Sustainability Assessment of the Live Reef-Fish for Food Industry in Palawan, Philippines. WWF-Philippines (Kabang Kalikasan ng Pilipinas). 19 ibid 10 P a g e

11 spawning activities. It was observed that sexual maturation or first reproduction of this species is between size 28 centimeters and 32 centimeters total length. 20 On the other hand, the LRFF stakeholders from Calamianes offered to regulate the industry by recommending that the grouper to be caught, collected, and traded should not be less than 500 grams (or 0.50 kilograms). They likewise do not encourage catching juveniles or immature fish for grow-out in cages. During the meeting of the Technical Working Group for RFF last 15 September 2014, and caving in to the desire of the local government and LRFF representatives, the group decided to recommend 32 centimeters as the minimum size limit, effectively prohibiting the capture of juveniles fro grow out. Similarly, a maximum size catch limit shall prevent removal of sexually productive parent stock (or broodstock) from the wild. These large and older fish are often referred to as megaspawners that give more eggs per body weight than smaller fish, and have better quality eggs than smaller fish. The high quality progenies produced by these mature spawners will ensure the sustainability of wild suno stock. Based on the study of Palla (2012), fish having a size of 50 cm produce between 814,000 to 975,000 (almost 1 million eggs), while the young (or smaller) spawners half the size or about 28 cm produce only 63,000 to 79,000 eggs. In other words, when suno doubles in size, their egg production increases by as much as 1,500%! Thus, we recommend setting the maximum allowable size for catching & trading of suno at 47.5 centimeters total length, which is quite beyond the current market size demand at cm (roughly equivalent to 500g to 1kg). The 47.5 centimeters is already considered oversize in the live fish trade, such that it no longer fetches a good price in the market. This is also consistent with the Fisheries Code prohibiting the capture of spawning fish. 20 ibid 11 P a g e

12 5.0 Recommendation The WPU and WWF (through Palla, 2012) recommended that the spawning season can be set by the local government units as closed for fishing, while the length at maturity can be used as basis in setting the minimum allowable length for the coral trout/grouper to be caught by hook-and-line fishers 21 As such, we recommend the following twin control measures: 1. A close season covering the main and secondary peak spawning period of the coral trout/grouper as follows: i. 1 st closure = 16 June to 31 August ii. 2 nd closure = 16 October to 15 December The open season corresponds to the period in between the close season. The above schedule will reduce the complexity of seasonal control implementation, enforcement and monitoring. SEASONAL CONTROL in the Province of Palawan: Plectropomus leopardus STUDIES Recommended Season: OPEN CLOSE MONTHS OF THE YEAR JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Remarks 01 Jan-15 June; 01 Sept-15 Oct 16 June-31 Aug; 16 Oct-15 Dec 2. Set a minimum size-catch limit of grouper to at least 32 centimeters (cm) total length as agreed by the LRFF-TWG members during its meeting on 15 September. However, the policy-makers may still consider the scientific studies pointing to the importance of allowing each fish to spawn at least once before being captured, which could be between the 35 cm recommended by Padilla et al (2003), the 36 cm recommended by Xueying (2014), or the WWF-WPU study through Palla (2012) which found that P. leopardus matures at around 38 cm in Quezon and 39 cm in Taytay, in the province of Palawan. 21 Palla, H. (2012). Seasonality of Fecundity and Spawning of Leopard Coral Grouper (Plectropomus leopardus: Serranidae) in Quezon and Taytay, Palawan. Western Philippines University and World Wide Fund-Philippines. Puerto Princesa City. 12 P a g e

13 3. The capture and trade of grouper (or megaspawners) having size of more than 47.5 centimeters total length (TL) or 1,700 grams (1.7 kg), whichever is first met, should be PROHIBITED. This will retain in the wild productive broodstock that are otherwise oversized and no longer demanded by the market. 13 P a g e

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