May 16, 1975
REVISING AND
CONSOLIDATING
ALL LAWS AND DECREES AFFECTING FISHING AND FISHERIES
WHEREAS, fish is one
of the major and cheapest sources of protein in the diet of Filipino
people;
WHEREAS, 2.2 million
Filipinos depend directly on the fishery industry for their livelihood;
WHEREAS, the Philippines
continues to import fish and fishery products in substantial quantities
because of the insufficiency of domestic production;
WHEREAS, there is
a compelling need to increase the production of fish to bring down its
price to a level which will be within the reach of our people, and at
the
same time insure the continuity of our fishery resources in productive
condition through wise utilization and proper conservation.
WHEREAS, the vast
fishery resources of the Philippines have remained largely untapped due
to unnecessary constraints brought by existing laws and regulations and
by the failure to provide an integrated development program for the
industry
and;
WHEREAS, there is
an urgent need to revise and consolidate all laws and decrees affecting
fishing and fisheries to make them even more responsive to the needs of
the fishery industry.
NOW, THEREFORE, I,
FERDINAND E. MARCOS, President of the Philippines, by virtue of the
powers
vested in me by the Constitution, do hereby decree as part of the law
of
the land the following:chanroblesvirtuallawlibrary
SECTION 1. Title -
This Decree shall be known as the Fisheries Decree of 1975.
CHAPTER IDECLARATION OF
POLICYDEFINITION OF
TERMS
Sec. 2. Declaration of
Policy - It is hereby declared the policy of the State to
accelerate
and promote the integrated development of the fishery industry and to
keep
the fishery resources of the country in optimum productive condition
through
proper conservation and protection.
The government shall promote
and encourage the organization of, provide assistance to, and help
integrate
the activities of, persons, associations, cooperatives and corporations
engaged in the industry so that the nation may achieve the maximum
economic
utilization of its fishery resources. In this connection, the fishery
industry
shall be considered as a preferred area of investment.
The government shall also
encourage and promote the exportation of fish and fishery aquatic
products
to enable the fishery industry to contribute positively to the
development
and growth of the national economy.
The private sector's privilege
to utilize a fishery resources shall be exercised or continued to be
exercised
only under the basic concept that the grantee, licensee or permitee
thereof
shall not only be a privileged beneficiary of the State, but also an
active
participant and partner of the government in the conservation and
development
of the fishery resources of the country.
Sec. 3. Definition of
Terms - As used in this Decree, the following terms are defined as
follows:chanroblesvirtuallawlibrary
(a) Bureau - Means the
Bureau
of Fisheries and Aquatic Resources.
(b) Closed Season -
Refers
to the period during which fishing is prohibited in a specified area or
areas in the Philippine waters, or to the period during which the
catching
or gathering of specified species of fish or fishery / aquatic products
or the use of specified fishing gears to catch or gather fish or
fishery/
aquatic product is prohibited.
(c) Commercial fishing -
Fishing for commercial purposes in waters more than seven fathoms deep
with the use of fishing boats more than three gross tons.
(d) Electro fishing - Means
the use of electricity generated by dry cell batteries, electric
generators
or other sources of electric power to kill, stupefy, disable or render
unconscious fish or fishery/ aquatic products in both fresh and salt
water
areas.
(e) Family-size fishpond
- An area of fishpond that permits the efficient use of labor and
capital
resources of a family to produce an income sufficient to meet a
family's
need for food, clothing, shelter, health and education with reasonable
reserves to absorb yearly fluctuation in income.
(f) Fish and fishery/aquatic
products - Fish includes all fishes and other aquatic animals, such as
crustaceans (crabs, prawns, shrimps and lobsters), mollusks (clams,
mussels,
scallops, oysters, snails and other shellfish). Fishery/aquatic
products
include all other products of aquatic living resources in any form.
(g) Fishing boat - Includes
all boats, such as bancas, sailboats, motor boat or any other type of
watercraft,
whether licensed or not, used for fishing purposes: Provided, that any
such boat used for the purpose of transporting the fish in the course
of
fishing operations shall be considered as a fishing boat.
(h) Fish corral or "baclad"
- Means a stationary wire or trap devised to intercept and capture
fish,
consisting of rows of stakes of bamboo, palma brava or other materials
fenced with split bamboo mattings or wire netting with one or more
enclosures
usually with easy entrance but difficult exit, and with or without
leaders
to direct the fish to the catching chambers or purse.
(i) Fish pen - Means fish
enclosure made of closely-woven bamboo screens, nylon screens or nets,
or other materials attached to poles staked to the water bottom for the
purpose of growing and/ or culture of fish to various sizes in both
fresh
and salt water areas.
(j) Fishery - Is the business
of catching, taking, handling, marketing and preserving fish or other
fishery/aquatic
products; the fishing grounds; and the right to fish or take such
products
therefrom.
(k) Fishery Industry - Includes
fish producers, fish processors, fish traders, both wholesalers and
retailers,
and owners of refrigerating and cold storage plants serving the
industry.
(l) Fishing with the use
of explosives - Means the use of dynamite, other explosives, or
chemical
compound that contains combustible elements or ingredients that, upon
ignition
by friction, concussion, percussion, or detonation of all parts of the
compound, kill, stupefy, disable or render unconscious any fish or
fishery/aquatic
product. It shall also refer to the use of any other substance and /or
device that causes explosion capable of producing the said harmful
effects
on fish or fishery /aquatic products.
(m) Fishing with the use
of obnoxious or poisonous substance - Means the use of any substance,
plants,
extracts or juice thereof, chemicals, whether in raw or processed form,
harmful or harmless to human beings, which kill, stupefy, disable or
render
unconscious fish or fishery/aquatic products.
(n) Fully developed fishpond
- A clean leveled area enclosed with dikes at least one foot higher
than
the highest flood water level in the locality and strong enough to
resist
water pressure at the highest flood tide, and consisting at least of a
nursery pond, a transition pond, a rearing pond, or a combination of
any
or all of said classes of ponds and a water control system.
(o) Municipal and/or small-scale
fishing - Fishing utilizing fishing boats of three gross tons or less,
or using gear not requiring the use of boats.
(p) Municipal waters - Include
not only streams, lakes, and tidal waters included within the
municipality,
not being the subject of private ownership, and not compromised within
the national parks, public forests, timber lands, forest reserves, or
fishery
reserves, but also marine waters included between two lines drawn
perpendicular
to the general coastline from points where the boundary lines of the
municipality
touch the sea at low tide and a third line paralleled with the general
coastline and three nautical miles from such coastline. Where two
municipalities
are so situated on the opposite shores that there is less than six
nautical
miles of marine waters between them, the third line shall be a line
equidistant
from the opposite shores of the respective municipalities.
Disputes regarding jurisdiction
over freshwater lakes not included within the limits of a municipality
or freshwater or tidal streams forming boundaries between
municipalities,
shall be referred by the councils of the municipalities concerned to
the
provincial board.
(q) Persons - Include juridical
entities such as associations, partnership, cooperatives or
corporations.
(r) Philippine waters - Include
all bodies of water within Philippine territory, such as rivers,
streams,
creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and other
bodies of water now existing, or which may here after exist in the
provinces,
cities, municipalities, municipal districts, and barrios; and the sea
or
fresh water around, between and connecting each of the islands of the
Philippine
archipelago, irrespective of its depth, breadth, length and dimension,
and all other waters belonging to the Philippine by historic or legal
title,
including the territorial sea, the seabed, the insular shelves and
other
submarine areas over which the Philippine has sovereignty or
jurisdiction.
(s) Refrigerating and cold
storage plants - Consists of a set of refrigerating machinery housed in
a building with cold storage compartments, for making ice and freezing
and storing fish and fishery/aquatic products exclusively for the
fishery
industry.
(t) Secretary - Means the
Secretary of Natural Resources.
CHAPTER IITHE BUREAU OF
FISHERIES
AND AQUATIC RESOURCES
Sec. 4. Jurisdiction of
the Bureau - The Bureau shall have jurisdiction and responsibility
in the management, conservation, development, protection, utilization
and
disposition of all fishery and aquatic resources of the country except
municipal waters which shall be under the municipal or city government
concerned: Provided, That fishpens and seaweed culture in municipal
centers
shall be under the jurisdiction of the Bureau: Provided, Further That
all
municipal or city ordinances and resolutions affecting fishing and
fisheries
and any disposition thereunder shall be submitted to the Secretary for
appropriate action and shall have full force and effect only upon his
approval.
The Bureau shall also have the authority to regulate and supervise the
production, capture and gathering of fish and fishery/aquatic products.
The Bureau shall prepare
and implement, upon approval of the Fishery Industry Development
Council,
a Fishery Industry Development Program.
Sec. 5. Supervision
and
Control - The Bureau shall be directly under the control and
supervision
of the Secretary of Natural Resources.
Sec. 6. Review - All
actions and decisions of the Director of Fisheries and Aquatic
Resources
are subject to review, motu proprio or upon appeal of any person
aggrieved
thereby, by the Secretary whose decisions shall be final and executory
after the lapse of thirty (30) days from receipt by the aggrieved party
of said decision, unless appealed to the President in accordance with
Executive
Order No. 19, series of 1966. The decision of the Secretary may not be
reviewed by the courts excepts through the special civil action of
certiorari
and prohibition.
Sec. 7. Rules and Regulations
- The Secretary shall, upon recommendation of the Director , promulgate
rules and regulations to implement effectively the provisions of the
Code.
Such rules and regulations shall, unless otherwise herein provided take
effect fifteen (15) days after its publication in the Official Gazette
and/or two newspaper of general circulations.
Sec. 8. Technical Assistance
and Training Program - The Bureau shall undertake or arrange
special
technical assistance and training programs for the enhancement of the
fishery
industry and provide assistance to fishery educational institutions in
their research and instructional activities, and in connection
therewith
to maintain and operate fishing.
Sec. 9. Research and Demonstration
Service - The Bureau shall conduct research an studies regarding
fish
and fishery/aquatic products; establish fish hatcheries, nurseries and
demonstration services on fish capture and gathering fishery/aquatic
products,
and the culture and the processing thereof; conduct oceanographic and
limnological
surveys; and disseminate the result of such research, studies and
surveys.
Sec. 10. Fish Landing
Points - The Bureau shall determine and designate fish landing
point
where all commercial fishing boats shall land and unload their catch:
Provided,
That all fish landing points established prior to the effectivity of
this
Decree shall be considered authorized fish landing points: Provided,
Further,
That any fish landing points may if circumstances so warrant, be closed.
Sec. 11. New Division
in the Bureau - To carry out efficiently its functions under this
Decree,
the following new divisions are hereby created in the bureau: Legal
Division,
Fisheries Conservation and Enforcement Division, Fisheries Extension
Division,
Fisheries Utilization Division, Fisheries Engineering Division and
Fisheries
Training Division: Provided, That the new divisions shall be staffed by
the Director from qualified personnel of the Bureau as first priority
and
proposals for additional necessary personnel shall be included in the
Bureau's
appropriation for the succeeding year.
CHAPTER IIITHE FISHERY
INDUSTRY
DEVELOPMENT COUNCIL
Sec. 12. Creation and
Membership of the Council - To implement the policy enunciated in
Section
Two of this Decree, there is hereby created a Fishery Industry
Development
Council, hereinafter referred to as the Council which shall be composed
of the following:chanroblesvirtuallawlibrary
Secretary of Natural Resources
Chairman
Secretary of Agriculture
Member
Secretary of National Defense
Member
Secretary of Trade Member
Secretary of Public Works,
Trans- portation and Communications Member
Governor of the Central Bank
of the Philippines Member
Chairman of the Development
Bank of the Philippines Member
President of the Philippine
National Bank Member
Chairman of the Board of
Investment Member
Director of Fisheries and
Aquatic Resources Member and Executive
Officer A representative
of the inland fisheries associations Member
A representative of the marine
fisheries associations Member
The two representative from
the private sector shall be appointed for a term of two (2) years by
the
Secretary upon the recommendation of the Director.
Upon the effectivity of this
Decree, the Council shall be constituted. The Council shall meet at
least
once a month: Provided, That the Chairman may convene the Council in
special
meetings to consider urgent matters. If the Chairman cannot attend any
meeting, the members present shall select from among themselves a
temporary
presiding officer. If any of the members shall not be able to attend
any
meeting of the Council, he shall send a duly authorized representative
to exercise his powers and perform his functions.
The Council shall adopt rules
and regulations necessary to govern its proceedings.
The Executive Officer shall
be charged with the duty of implementing the policies and guidelines
established
by the Council.
Sec. 13. Functions of
the Council - The Council shall formulate and established
comprehensive
policy guidelines for the management, protection, conservation and
utilization
of the fishery/aquatic resources of the country and for the creation of
a healthy investment climate for the development of the fishery
industry.
It shall collate data and information from member agencies and the
private
sector for the formulation of policy guidelines.
Sec. 14. Council Secretariat
and its Director - The Council shall have a secretariat which shall
furnish the necessary administration, secretarial and other service
support
to the Council. The secretariat shall be under the direction and
supervision
of a Secretariat Director who shall be appointed, and whose
compensation
shall be fixed by the Chairman of the Council. The personnel of the
Secretariat
shall be appointed and their compensation fixed by the Chairman upon
recommendation
of the Secretariat Director.
Sec. 15. Role of Member-Agencies
- A. The Central Bank of the Philippines through the Monetary Board,
shall
be primarily responsible for seeking ways and means of financing the
requirements
of the Program in all its aspects. For this purpose, it shall, in
addition
to its present powers and functions, undertake the following activities:chanroblesvirtuallawlibrary
1. Coordinate the policies,
programs and activities of all banks and financial institutions
relating
to the grant or extension of credit to persons, associations,
cooperatives
and corporations engaged in the fishery industry.
2. Facilitate the grant of
preferential rates in the rediscounting of papers involving loans for
the
fishery industry; and
3. Facilitate the grant of
concessionary rate of interest on loans for the development of the
fishery
industry upon certification by the Director of Fisheries and Aquatic
Resources.
B. The Department of National
Defense, principally through the Philippine Coast Guard shall extend
all
assistance, including personnel and equipment, as may be necessary in
the
enforcement of Fishery laws, rules and regulations to help attain the
aims
and objectives of this Decree.
C. The Department of Agriculture
shall:chanroblesvirtuallawlibrary
1. Undertake soil sampling
and provide or help provide fertilizers for fish farming purposes and
2. Perform such other functions
as may be imposed upon it by law or requested by the council in the
Acceleration
of fish farming and/or in the furtherance of the objectives of this
Decree.
D. The Department of Trade
shall:chanroblesvirtuallawlibrary
1. Plan and prepare such
measures as may be necessary to promote exports of fish and
fishery/aquatic
products; and
2. Perform such other functions
as may be imposed upon it by law or requested by the Council in
furtherance
of the objectives of this Decree.
E. The Department of Public
Works, Transportation and Communication shall:chanroblesvirtuallawlibrary
1. Upon request of the Council,
undertake site survey and investigation, draw plans for, and construct,
infrastructure facilities for the fishery industry; and
2. Perform such other functions
as may be imposed upon it by law or requested by the Council in
furtherance
of the objectives of this Decree
F. The private sector of
the fishery industry shall direct their collective efforts towards a
more
active cooperation and coordination with government agencies to attain
the objectives of this Decree.
It shall:chanroblesvirtuallawlibrary
1. Assume the primary responsibility
of accelerating the development of the industry; 2. Conduct research
and
experiments in cooperation with government agencies; 3. Allow
implementing
agencies of the government access to such statistical data and
information
as would be necessary in the formulation of sound policies; and 4. Take
active participation, in collaboration with the Bureau and other
government
agencies, in technical manpower training by giving on-the-job training
opportunities to fisheries apprentices, trainees and volunteers.
CHAPTER IVUTILIZATION AND
EXPLOITATION
OF FISHERY/AQUATIC RESOURCES
Sec. 16. License, Lease
and Permit - No person shall exploit, occupy, produce, culture,
capture
or gather fish, or fry or fingerlings of any species of fish, of fish
or
fishery/aquatic products, or engage in any fishery activity in the
Philippine
municipal waters without a license, lease or permit: Provided, That
when
due to destruction wrought upon fishponds, fishpens or fish nurseries,
by typhoons, floods and other fortuitous events, or due to speculation,
monopolistic and other pernicious practices which tend to create an
artificial
shortage of fry and/or fingerling, the supply of fish and
fishery/aquatic
products can reasonably be expected to fall below the usual demand
therefor
and the price thereof, to increase, the Secretary, upon recommendation
of the Director, is hereby authorized to fix a fair and reasonable
price
for fry or fingerling of any species of fish, and in so doing and when
necessary, fix different price levels for various areas or regions
taking
into account such variable factors as availability, accessibility to
transportation
facilities, packing and crating and to regulate the movement, shipment
and transporting of such fry and fingerling: Provided, Further, That
the
price so fixed shall guarantee the gatherers of fry a just and
equitable
return for their labor: Provided, Finally, That any administrative
order
issued by the Secretary to implement the foregoing shall take effect
immediately,
the provisions of Section 7 hereof to the contrary notwithstanding.
Sec. 17. Commercial Fishing
Boat License and Other Licenses - No person shall operate a
commercial
fishing boat, pearl fishing boat or fishing boat for scientific,
research
or educational purposes, or engage in any fishery activity, or seek
employment
as a fisherman without first securing a license from the Bureau:
Provided,
That no such special permit shall be required of a fishing boat engaged
in scientific, research and educational purposes within Philippine
waters
pursuant to an international agreement of which the Philippines is a
signatory,
and which agreement defines the status, privileges and obligations of
said
boat and its crew and the non-Filipino officials of the international
agency
under which said boat operates: Provided, Further, That the members of
the crew of a fishing boat used for commercial fishing, including but
not
limited to duly licensed and/ or authorized patrons, marine engineers,
radio operators and cooks, shall be considered as fishermen: Provided,
Furthermore, That commercial fishing boats shall be allowed to operate
only in Philippine waters of seven (7) or more fathoms deep subject to
the conditions that may be stated therein and the rules and regulations
that may, from time to time, be promulgated by the Secretary: Provided,
However, That the President of the Philippines may upon the
recommendation
of the Secretary ban the operation of commercial or other fishing gears
in waters within a distance of seven (7) kilometers (3.76 nautical
miles)
from the shoreline if public interest so requires or if the ecology of
the marine resources may be impaired: Provided Finally, That the
Secretary
may, upon the recommendation of the Director, establish a closed season
in any Philippine water if necessary for conservation or ecological
purposes.
The Philippine Coast Guard
shall perform all functions pertaining to the registration,
documentation,
inspection and manning of all types of fishing boats plying Philippine
waters except those hereinabove vested by the Bureau of Fisheries and
Aquatic
Resources: Provided, That a fishing boat may upon inspection and
verification
by the Maritime Safety Division and Naval Architecture and Engineering
Section of the Philippine Coast Guard that the fishing boat is
seaworthy
and fit for operations be accepted for registration, documentation, and
licensing purposes: Provided, Further, That the coastwise license shall
not be required of fishing boats.
Every boat of the Philippine
registry of 10 gross tons or more but less than 500 tons which is
operated
exclusively as a fishing boat for catching and transporting fish in the
territorial waters of the Philippines may be operated at least by one
licensed
deck officer and one licensed engine officer, the qualifications of
whom
shall be prescribed by the Philippine Coast Guard, which qualifications
may, considering that the fishing boat will not transport passengers
and/or
cargo, be less than those required of similar officerss employed in
vessels
engaged in the coastwise trade.
Any provision of law to the
contrary notwithstanding, all fishing boats shall be provided with
adequate
medical supplies and life-saving devices to be determined by the
Philippine
Coast Guard: Provided, That fishing boat twenty (20) gross tons or more
shall have in its employ a person qualified as a First Aider duly
certified
by a government Physician.
Sec. 18. Permit for Importation
or Exportation of Fish or Fishery/Aquatic Products - No person
shall
import or export any fish or fishery/aquatic product, whether adult or
young, fry or fish eggs, for propagation or for other purposes, without
first securing a permit therefor and paying the inspection and other
fees:
Provided, That exportation of fry, except "bangus" fry exportation of
which
is totally banned, shall be allowed only after the requirements of the
domestic fishing industry are met: Provided, Further, That no other
inspection
fee shall be imposed and collected by any other government office or
agency.
Sec. 19. Development of
the Fish Meal Industry - To maximize the utilization of fish and
fishery
products and to complement the development of the animal industry,
steps
shall be taken to promote the production of fish meal.
A. DEEP-SEA OR
OFFSHORE
FISHING
Sec. 20. Persons Eligible
for Commercial Fishing Boat License - No commercial fishing boat
licensee
shall be issued except to citizens of the Philippines or to
associations
or corporations duly registered in the Philippines, at least sixty
percent
(60%) of the capital stock of which is owned by Filipino citizens. No
person
to whom license has been issued shall sell, transfer, or assign,
directly
or indirectly, his stock or interest therein to any person not
qualified
to hold a license, and any such transfer, sale or assignment shall be
null
and void and shall not be registered in the books of the association or
corporation.
For purposes of commercial
fishing, fishing boats owned by citizens of the Philippines and
corporations
or associations qualified under this section, may be issued
certificates
of the Philippine registry and such other documents as are necessary
for
fishing operations, any provision of law to the contrary
notwithstanding:
Provided, That the certificate of Philippine registry shall be valid
only
as long as the fishing boat engaged in, or used for, fishing
operations.
For the purposes of this section, fishing operation include the
transportation
of the fish caught.
Sec. 21. Charter Contracts,
Lease or Lease Purchase Agreements and Contracts for Assistance -
Citizens
of the Philippines and qualified corporations or associations engaged
in
commercial fishing may , subject to the approval of the Secretary enter
into charter contracts, lease or lease-purchase agreements of fishing
boats,
or contracts for financial, technical or other forms of assistance with
any foreign person, corporation or entity for the production, storage,
marketing and processing of fish and fishery/aquatic products:
Provided,
That the foreign crew members of the foreign fishing boat who shall not
exceed seventy-five percent (75%) of the complement of the boat, may be
issued fisherman's license subject to security clearance by the
Philippine
Coast Guard and to the rules and regulations and guidelines to be
promulgated
by the Council: Provided, Further, That it shall be a condition in all
charter contracts, lease or lease-purchase agreements that Filipino
seamen
and fishermen shall be given instruction and training by the foreign
crew
members in the operation of the fishing boat and the use of fishing
gears
and after two years shall replace all foreign crew members.
Charter contracts, lease
or lease-purchase agreements and contracts for financial, technical or
other forms of assistance with any foreign person; corporation or
entity
shall be subject to the guidelines promulgated by the Council and the
approval
of the Secretary: Provided, That payments under such contracts or
agreements
shall be made in kind, i, e, in exports items of fish and/or
fishery/aquatic
products.
Sec. 22. Operation of
Radio Communication Facilities on Board Fishing Boats - Any
employee
on board a fishing boat capable of operating radio transceivers may be
authorized by the Radio Control Office to operate such transceivers
during
fishing operations without the necessity of qualifying in the
examinations
prescribed by existing laws and regulations: provided, That the Radio
Control
Office shall give practical examinations to persons with sufficient
experience
and knowledge of radio telephone and/or telegraphy, for the purpose of
qualifying them as radio operators on board fishing boats only.
No franchise shall be required
for the installation and operation of radio transceivers on board
fishing
boats and their home-based stations: Provided, That the Radio Control
Office
shall, upon application issue a permit and assign a preset frequency to
a qualified applicant for the installation and operation of radio
transceivers
on board his fishing boats and home-based stations subject to the rules
and regulations prescribed by said office and consistent with the
requirements
of national security: Provided, Further, That the Philippine Coast
Guard
shall be informed by the Radio Control Office of the preset radio
frequencies
assigned to fishing boat operators.
Sec. 23. Disposition of
Public Lands for Fishponds - Upon the effectivity of this Decree
no
public lands suitable for fishpond purposes shall be disposed by sale:
Provided, That only fishpond sales patent already processed and
approved
on or before November 9, 1972, shall be given due course subject to the
condition that such application covers a fully developed fishpond not
exceeding
twenty-four (24) hectares.
Sec. 24. Lease of Fishponds
- Public lands available for fishpond development including those
earmarked
for family-size fishponds and not yet leased prior to November 9, 1972
shall be leased only to qualified persons, associations, cooperatives
or
corporations, subject to the following conditions:chanroblesvirtuallawlibrary
1. The lease shall be for
a period of twenty-five (25) years, renewable for another twenty-five
(25)
years; 2. Fifty percent (50%) of the area leased shall be developed and
be producing in commercial scale within three (3) years and the
remaining
portion shall be developed and be producing in commercial scale within
five (5) years both periods to begin from the execution of the lease
contract;
3. All areas not fully developed within five (5) years from the date of
execution of the lease contract shall automatically revert to the
public
domain for disposition by the Bureau: Provided, That the lessee who
failed
to develop the area or any portion thereof shall not be permitted to
reapply
for said area or any portion thereof or any public land under this
Decree;
and 4. No portion of the lease shall be sub-leased.
Sec. 25. Size of Fishponds - The area of fishponds
leased under the preceding section shall
not
exceed the following:chanroblesvirtuallawlibrary
1. For individuals fifty
hectares; and 2. For associations and corporations five hundred
hectares.
Provided, That, if circumstances
so warrant a larger area may, with the approval of the Secretary be
leased
to qualified applicants.
Sec. 26. Construction
and Development of Family-size Fishponds - For the purpose of
accelerating
the development of fishponds, the Bureau, subject to the approval of
the
Secretary, shall identify and set aside public Islands which shall be
subdivided
into family-size fishponds and leased in accordance with guidelines
established
by the Council.
Sec. 27. License to Operate
Fishpens - No person shall construct and/or operate fishpen without
first securing a license from the Bureau, any license or permit issued
by the mayor of the municipality claiming jurisdiction over the area in
which the fishpen will be constructed to the contrary notwithstanding.
The license shall be for a period of five (5) years renewable for
another
five (5) years.
The maximum area that can
be licensed for a fishpen shall be ten (10) hectares in the case of an
individual and fifty (50) hectares in the case of an association,
partnership,
cooperative or corporation.
Sec. 28. No Obstruction
to Navigation - Nothing in the foregoing sections shall be
construed
as permitting the lessee or license to undertake any construction which
will obstruct the free navigation in any stream or lake flowing through
or adjoining the fishpen of r fishpond, or impede the flow and ebb of
the
tide and from the area. Any Construction made in violation hereof shall
be removed upon order of the Secretary.
C. MUNICIPAL
FISHERIES
Sec. 29. Grant of Fishery
Privileges - A Municipal or city council, conformably with an
ordinance
duly approved by the Secretary pursuant to section 4 hereof, may:chanroblesvirtuallawlibrary
(a) grant to the highest
qualified bidder the exclusive privilege of constructing and operating
fish corrals, oyster culture beds, or of gathering "bangus" fry, or the
fry of other species in municipal waters for a period not exceeding
five
(5) years: Provided, That in the zoning and classification of municipal
waters for the purpose of awarding through public bidding, areas for
the
construction or operation of fish corrals, oyster culture beds or the
gathering
of fry, the municipal or city council shall set aside not more than
one-fifth
(1/5) of the area earmarked for the gathering of fry, as may be
designated
by the Bureau, as government "bangus" fry reservation: Provided,
Further,
That no fish corral shall be constructed within two hundred (200)
meters
of another fish corral in marine fisheries, or one hundred (100) meters
in fresh water fisheries, unless they belong to the same licensee, but
in no case shall the distance be less than sixty (60) meters, except in
waters less than two (2) meters deep at low tide, or unless previously
approved by the Secretary;
(b) authorize the issuance
to qualified persons of license for the operation of fishing boats
three
(3) gross tons or less, or for the privilege of fishing in municipal
waters
with nets, traps or other fishing gear: Provided, That it shall be
beyond
the power of the municipal or city council to impose a license for the
privilege of gathering marine mollusca or the shells thereof for
pearling
boats and pearl divers, or for prospecting, collecting or gathering
sponges
or other aquatic products or for the culture of fishery/aquatic
products:
Provided, Further, That license under this paragraph shall not operate
within two hundred (200) meters of any fish corral licensed by the
municipality,
except when the licensee is the owner or the operator of the fish
corral
but in no case within sixty (60) meters of said corral. The
municipality
or city council shall furnish the Bureau, for statistical purposes, on
forms which shall be furnished the Bureau, such information and data on
fishery matter as are reflected in such forms.
Sec. 30. Municipal Concessions
and Leases Concerning Fisheries - No lease or Concession granted by
a municipal or city council under authority of an ordinance approved
pursuant
to section 4 hereof, concerning fishing or fisheries in streams, lakes,
rivers, inland and/or municipal waters, shall be valid and enforceable
unless the Secretary, upon recommendation of the Director approves the
same.
CHAPTER VRESERVE
FISHERIES AND
FISH SANCTUARIES
Sec. 31. Fishing Areas
Reserved for Exclusive Use of Government - Upon the recommendation
of the Director, the Secretary may designate by fishery administrative
order, area or areas in the Philippine waters as fishery reservation
for
the exclusive use of the Government or of any of its political
subdivisions,
agencies or instrumentalities or of the inhabitants of any municipality
or for the culture of fish and other aquatic animals for educational,
research
and scientific purposes.
Sec. 32. Fish Refugees
and Sanctuaries - Upon the recommendation of the Director the
Secretary
may set aside and establish fish refugees and sanctuaries to be
administered
in the manner to be prescribed by him. All streams, ponds, and water
within
game refuges, bird sanctuaries , national parks; botanical garden,
communal
forests and communal pastures are hereby declared fish refuges and
sanctuaries.
CHAPTER VIPROHIBITION AND
PENALTIES
Sec. 33. Illegal Fishing;
Illegal Possession of Explosives Intended for Illegal Fishing; Dealing
in Illegally Caught Fish or Fishery/Aquatic Products - It shall be
unlawful for any person to catch take or gather or cause to be caught,
taken or gathered fish or fishery/aquatic products in Philippine waters
with the use of explosives, obnoxious or poisonous substance, or by the
use of electricity as defined in paragraphs (1) (m) and (d),
respectively,
of Sec. 3 hereof: Provided, That more possession of such explosives
with
intent to use the same for illegal fishing as herein defined shall be
punishable
as hereinafter provided: Provided, That the Secretary may upon
recommendation
of the Director and subject to such safeguards and conditions he deems
necessary allow for research, educational or scientific purposes only,
the use of explosives, obnoxious or poisonous substance or electricity
to catch, take or gather fish or fishery/aquatic products in specified
area: Provided, Further, That the use of chemicals to eradicate
predators
in fishponds in accordance with accepted scientific fishery practices
without
causing deleterious effects in neighboring waters shall not be
construed
as the use of obnoxious or poisonous substance within the meaning of
this
section: Provided, Finally that the use of mechanical bombs for killing
whales, crocodiles, sharks or other large dangerous fishes, may be
allowed
subject to the approval of the Secretary.
It shall likewise be unlawful
for any person knowingly to possess, deal in, sell or in any manner
dispose
of, for profit, any fish or fishery/aquatic products which have been
illegally
caught, taken or gathered.
The discovery of dynamite,
other explosives and chemical compounds containing combustible
elements,
or obnoxious or poisonous substance, or equipment or device for
electric
fishing in any fishing boat or in the possession of a fisherman shall
constitute
a presumption that the same were used for fishing in violation of this
Decree, and the discovery in any fishing boat of fish caught or killed
by the use of explosives, obnoxious or poisonous substance or by
electricity
shall constitute a presumption that the owner, operator or fisherman
were
fishing with the use of explosives, obnoxious or poisonous substances
or
by electricity.
Sec. 34. Fishing with
Fine-mesh Nets - It shall be unlawful for any person to fish with
nets
with mesh smaller than that which may be fixed by rules and regulations
promulgated conformable with the provisions of Section 7 hereof:
Provided,
That this prohibition in the use of fine-mesh nets shall not apply to
the
gathering of fry, glass eels and elvers and such species which by their
very nature are small but already mature.
Sec. 35. Trawl Fishing
in Waters Seven (7) Fathoms Deep or Less - Subject to the
provisions
of Section 17 hereof, no person shall operate trawls in water seven (7)
fathoms deep or less: Provided, That baby trawls using fishing boats of
three (3) gross tons or less may operate in areas four (4) fathoms deep
or more if authorized by existing municipal ordinances duly approved by
the Secretary: Provided Further, That the President of the Philippines
may, upon the recommendation of the Secretary, ban the operation of
trawls
in waters within a distance of seven (7) kilometers (3.78 nautical
miles)
from the shoreline if public interest so requires.
Sec. 36. Ban on Exportation
of Bangus Fry - It shall be unlawful for any person to export
"bangus"
fry.
Sec. 37. Pollution of
Waters - It shall be unlawful to place, caused to be placed
discharge
or deposit, or cause to be discharged or deposited, or to pass or place
where it can pass into Philippine waters, petroleum, acid, coal or oil
tar, lampbank, aniline, asphalt, bitumen, or residuary products of
petroleum
or carbonaceous material or substance, molasses, mining and mill
tailings,
or any refuse, liquid or solid, from any refinery, gas house, tannery,
distillery, chemical works, sugar central, mill or factory of any kind,
or any sawdust, shavings, slabs, edging, or any factory refuse or any
substance
or material deleterious to fish or fishery/aquatic products.
Sec. 38. Penalties -
(a) For illegal fishing and
dealing in illegally caught fish or fishery/aquatic product - Violation
of Section 33 hereof shall be punished as follows:chanroblesvirtuallawlibrary
(1) By the
penalty
of imprisonment ranging from twelve (12) years to twenty-five (25)
years
in the case of mere possession of explosives intended for illegal
fishing;
by imprisonment ranging from twenty (20) years to life imprisonment, if
the explosive is actually used: Provided, That if the use of the
explosive
results in (1) physical injury to any person, the penalty shall be
imprisonment
ranging from twenty-five (25) years to life imprisonment, or (2) in the
loss of human life, then the penalty shall be life imprisonment to
death.(2) By imprisonment
from
eight (8) to ten (10) years, if obnoxious or poisonous substances are
used:
Provided, That if the use of such substances result 1) in physical
injury
to any person, the penalty shall be imprisonment from ten (10) to
twelve
(12) years, or 2) in the loss of human life, then the penalty shall be
imprisonment from twenty (20) years to life, or death.
(3) By imprisonment
from
two (2) to four (4) years, if electricity is used; and
(4) By imprisonment
from
five (5) to ten (10) years for dealing in illegally caught fish or
fishery/aquatic
products.
(b) Trawl fishing -
Violation
of Section 35 hereof shall be punished by imprisonment ranging from six
(6) months to six (6) years.chanrobles virtualawlibrary
(c) Exportation of "bangus"
fry - Violation of section 36 shall be punished by a fine of not less
than
one thousand pesos (P1,000.00) nor more than five thousand pesos
(P5,000.00)
or by imprisonment for not less than one (1) year nor more than five
(5)
years, or both such fine and imprisonment, in the discretion of the
Court.
(d) Other Violations - Violation
of any other provisions of this Decree, or of any rule or regulation
already
existing, or which may be promulgated pursuant to this Decree, shall
subject
the offender to fine of from five hundred pesos (P500.00) to five
thousand
pesos (P5,000.00) or imprisonment from six (6) months to four (4)
years,
or both such fine and imprisonment, in the discretion of the Court:
Provided,
That the Director of Fisheries and Aquatic Resources is hereby
empowered
to impose upon the offender an administrative fine of not more than
five
thousand pesos (P5,000.00) or to cancel his permit or license, or to
impose
such fine and cancel his permit or license in the discretion of the
Director:
Provided, Further, That the Director, or his duly authorized
representative,
and law enforcement agents are hereby empowered to impound with the
assistance
of the Philippine Coast Guard, if necessary, the fishing boat including
the dynamite, blasting caps and other explosives, obnoxious or
poisonous
substances, and apparatus used in electric fishing, and other apparatus
used in illegal fishing pending termination of the criminal case by
competent
courts: Provided, Finally, That any person who unlawfully obstructs or
delays the inspection and/or movement of fish and fishery/aquatic
products
when such inspection and/or movement is authorized under this Decree,
shall
be subject to a fine of not more than two thousand pesos (P2,000.00) or
imprisonment of not more than two (2) years, or both such fine and
imprisonment,
in the discretion of the Court.
Any public official who enforces
an ordinance, resolution, rule and/or regulation concerning fishing and
fisheries not previously approved by the Secretary, shall be criminally
prosecuted and, upon conviction, shall suffer the penalty of not more
than
five (5) years imprisonment or a fine of not more than ten thousand
pesos
(P10,000.00) or both such fine and imprisonment, in the discretion of
the
Court.
Sec. 39. Seizure Proceedings
- Any foreign fishing boat illegally engaged in fishing within
Philippine
water shall be summarily confiscated administrative, including its
catch
and fishing equipment, without prejudice to any civil or criminal
action
that may be taken against its owner and/or operators.
Sec. 40. Persons Authorized
to Enforce this Decree and Fisheries Rules and Regulations -
Members
of the Philippine Coast Guard, Philippine Constabulary, local police
force,
government law enforcement agencies and other competent government
employees
duly designated in writing by the Secretary are hereby made deputies of
said Secretary in the enforcement of this Decree and fisheries rule and
regulations.
Sec. 41. Compromise -
With the approval of the Secretary, the Director may, at any stage of
the
proceedings, compromise any case arising under any provision of the
Decree,
subject to the following schedule of administrative funds:chanroblesvirtuallawlibrary
(a) Vessel entering fishery
reserve or closed areas - Any vessel, licensed or unlicensed, entering
a fishery reserve or a declared closed area for the purpose of fishing
shall be fined in a sum nor exceeding five thousand pesos (P5,000.00).
(b) Vessel fishing or continuing
to fish after the expiration of the license - A vessel continuing to
fish
within sixty (60) days from the date of expiration of the license shall
pay the ordinary annual license fee in full. A vessel fishing or
continuing
t o fish without having procured the renewal of the license therefor
shall
be fined in a sum not exceeding fifty pesos (P50.00) for every month
the
license remains unrenewed.
(c) Vessel employing unlicensed
fishermen - A vessel found employing unlicensed fishermen shall be
fined
in a sum of not less than fifty pesos (P50.00) nor more than one
hundred
pesos (P100.000) for each fisherman and for each month such fisherman
is
employed.
(d) Obstruction of fishery
officers - The owners, master or operator of any fishing boat, whether
licensed or not, who obstructs or hinders, or causes to be obstructed
or
hindered, any fishery officer from boarding such boat to enable said
officer
to perform his duty shall be fined in an amount not exceeding five
hundred
pesos (P500.00). In addition, the license of the fishing boat may be
canceled.
(e) Failure to submit required
reports - The owner master or operator of a fishing boat who fails to
submit
a required report within thirty (30) days after due date shall be fined
in an amount not exceeding five pesos (P5.00).
(g) Transfer of ownership
or lease of fishing boats to be reported - Any owner of a fishing boat
who fails to notify the Director of the sale or lease of the boat to
another
person within ten (10) days after the sale or lease, shall be fined in
an amount not exceeding two hundred pesos (200.00).
(h) Vessel engaging in fishing
without license - The owner, master or operator of a fishing boat
engaging
in fishing operations without a license shall be fined in an amount not
exceeding one thousand pesos (P1,000.00) for each month or fraction
thereof
of operations.
(i) Other violations - Other
violations may be compromised: Provided, That the fine shall not be
less
than fifty percent (50%) of the fine originally imposed for the
violation.
CHAPTER VIIGENERAL
PROVISIONS
Sec. 41.*
The Fisheries Loan and Guarantee Fund - There is hereby created
the
Fisheries Loan and Guarantee Fund which shall be administered by the
Central
Bank of the Philippines. The fund shall, through the financial
institutions
mentioned in Section 42 hereof, be available for lending to qualified
borrowers
to finance the development of the fishery industry.*(The
number is apparently repeated in error)
The fund shall also guarantee
eighty-five percent (85%) of the losses which may be suffered by the
lending
institution in case of default by the borrower, with the remaining
fifteen
percent (15%) of such losses being absorbed by the lending institution.
Sec. 42. Loans to the
Fishery Industry - The Development Bank of the Philippine National
Bank, and the Philippine Veterans Bank and other government owned or
controlled
banking or financial institutions and rural banks shall make loans
available
to eligible borrowers as their respective charter and articles of
incorporation
and by-laws provide and policies of the Central Bank of the Philippines
allow: Provided, That projects of veterans and their qualified heirs
within
the purview of the Program shall be funded by the Philippine Veterans
Bank,
with priority to family-size fishponds: Provided, Further, That the
Development
Bank of the Philippines, the Philippine National Bank, and the
Philippine
Veterans Bank and other government owned or controlled banking or
financial
institutions and rural banks dealing with medium and long term loans
shall:chanroblesvirtuallawlibrary
(a) Grant loans for the development,
rehabilitation and maintenance of fishponds, fishpens and acquisitions
of fishing boats and fishing equipment; (b) Extend loan for production
handling, processing and marketing, including the establishment and
operation
of refrigerating plants and cold storage facilities; (c) Grant loans to
leaseholders of public lands for the development of fishponds:
Provided,
That the duration of the lease contract shall be longer than the period
of repayment of the loan.
All loans shall be extended
under supervised credit as prescribed by Republic Act Number Sixty
Three
hundred and ninety or other laws, or under project supervision.
Sec. 43. Financing of
Municipal and/or Small-Scale Fishing - Municipal and/or small scale
fishermen who are members of a cooperatives may avail of financing from
any fund administered by the Central Bank from rural banks under a
supervised
credit scheme. Such loan any cover the acquisition and/or repair of
bancas,
engines and fishing equipment.
Sec. 44. Establishment
and Operation of Refrigerating and Cold-Storage Plants - Any
provision
of law to the contrary notwithstanding any person, association,
cooperative
or corporation may establish and operate subject to the guidelines
established
by the Council and the approval of the Secretary, refrigerating and
cold
storage plants which shall serve the fishing industry exclusively.
Sec. 45. Exemption of
Fisherman from Operation of the Blue Sunday Law and the Eight Hour
Labor
Law - Fisherman on board fishing boats engaged in fishing
operations
are hereby exempted from the provisions of the Blue Sunday Law and the
Eight hour Labor Law.
Sec. 46. Auditor -
The Chairman, Commission on Audit, shall act as the ex-officio auditor
of the fishery Industry Development Council and the Bureau of Fisheries
and Aquatic Resources. The provisions of Section 584 of the Revised
Administrative
Code, as amended by Presidential Decree No. 61 shall apply to the
office
of the representative of the said Chairman in the Council and the
Bureau.
Sec. 47. Receipts of Bureau
automatically appropriated for certain purposes - In addition to
the
amount appropriated for the Bureau in the annual general appropriations
act/decree, all fees collected pursuant to this Decree and the rules
and
regulations promulgated by virtue of this Decree and other laws, bonds
that may be forfeited, fines, proceeds from the sale of fish and
fishery/
aquatic products raised in fish farms, experimental and demonstrations
station, rental from fishponds and receipts from other sources except
the
proceeds of the sale of assets of the Bureau, will be released by the
President
upon recommendation of the Secretary annually and made available to the
Bureau for the conservation and development of fishery/aquatic
resources,
construction of permanent improvement including offices and other
buildings
and acquisition of sites, promotion and development of the fishing
industry,
operations and maintenance of experimental fishery stations, and for
salaries
and wages of necessary personnel.
Sec. 48. Appropriation - The sum of twenty-one
million pesos (P21,000.000.00) one
million
pesos (P1,000.000.00) of which shall be for the operational expenses of
the Fishery Industry Development Council for the current Fiscal year
and
the remaining balance to constitute the Fisheries Loan and Guarantee
Fund,
is hereby authorized to be appropriated out of any funds in the
National
Treasury not otherwise appropriated.
Sec. 49. Repealing Clause
- Presidential Decrees Nos. 43, 534 and 553, Act No. 4003, as amended,
Republic Acts Nos. 428, as amended, 3048, 3512, and 3586, and all
Decrees,
Acts, Executive Orders, rules regulations or parts thereof inconsistent
with the provisions of this Decree are hereby repealed or modified
accordingly.
Sec. 50. Separability
Clause - The provisions of this Decree are hereby declared to
separable
and, if any clause, sentence, provision or section of this Decree or
application
thereof to any person or circumstances should for any reason be held
invalid,
such invalidity shall not affect the other provisions or application of
this Decree.
Sec. 51. Effectivity
- This Decree shall take effect upon promulgation.
Done in the City of Manila,
this 16th day of May, in the year of Our Lord, nineteen hundred and
seventy-five.
FERDINAND E.
MARCOSPresident of the
Philippines