WHEREAS,
the productive potentialities of the vast fishing grounds and other
fishery resources in the country upon which the people depend as major
and cheap source of food are being greatly reduced through the
employment of various methods of illegal fishing; chanroblesvirtualawlibrary
WHEREAS, loss of human lives oftentimes occur and varied diseases
andlments are suffered by those who partake of fish and fishery
products which have been illegally caught or gathered;chanroblesvirtualawlibrary
WHEREAS, in the interest and welfare of the people who depend mostly
upon fish and sea or marine products for their daily-food, positive
steps must be adopted by the government through interrelated programs
and projects including subsidiary laws and measures towards the
implementation thereof.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
decree and order to be part of the law of the land, the following:cralaw:red
Section 1. Definition of Terms. — For purposes of
this Decree, the following terms are defined: chanroblesvirtualawlibrary
a. 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 hereafter 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 Philippines by
historic or legal title, including the territorial sea, the seabed, the
insular shelves and other submarine areas over which the Philippines
has sovereignty or jurisdiction.
b. 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 products of aquatic resources in any form.
c. Fishing with the use of Explosives. — means the
use of dynamite, other explosives, or chemical compound that contain
combustible elements or ingredients that, upon ignition by friction,
concussion, percussion, or detonation of all or 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.
d. Fishing with the use of Obnoxious or Poisonous
Substance. — means the use of any substance or chemical, whether in raw
or processed form, harmful or harmless, which kill, stupefy, disable,
or render unconscious fish or fishery/aquatic products.
e. Electro-fishing. — means the use of electricity
generated by dry cell batteries, electric generators or other source of
electric power to kill, stupefy, disable or render unconscious fish or
fishery/aquatic products. It shall include the use of rays or beams of
whatever nature, form or source of power.
f. Violation of Rules and Regulations. — means
violations of Fisheries Administrative Orders, rules and regulations
promulgated by the Secretary of National Resources.
g. Persons. — include natural and juridical persons,
unless the context intends otherwise.
Section 2. Prohibition. — It shall be unlawful for
any person to catch, take or gather or caused to be caught, taken or
gathered fish or fishery/aquatic products in Philippine waters with the
use of explosives, obnoxious or poisonous substances or by the use of
electricity: Provided, that the Secretary of Natural Resources may,
subject to such safeguards and conditions he deems necessary, allow for
research, educational or scientific purposes only the use of
explosives, obnoxious or poisonous substances or electricity to catch,
take or gather fish or fishery/aquatic products in specified areas.
Section 3. Penalties. — Violations of this Decree and
the rules and regulations mentioned in paragraph (f) of Section 1
hereof shall be punished as follows:cralaw:red
a. by imprisonment from 10 to 12 years, if explosives
are used: Provided, that if the explosion results (1) in physical
injury to person, the penalty shall be imprisonment from 12 to 20
years, or (2) in the loss of human life, then the penalty shall be
imprisonment from 20 years to life, or death; chanroblesvirtualawlibrary
b. by imprisonment from 8 to 10 years, if obnoxious
or poisonous substances are used: Provided, that if the use of such
substances results (1) in physical injury to any person, the penalty
shall be imprisonment from 10 to 12 years, or (2) in the loss of human
life, then the penalty shall be imprisonment from 20 years of life, or
death;chanroblesvirtualawlibrary
c. by imprisonment from 6 months to 4 years, or by a
fine of from P500 to P5,000 for violation of rules and regulations
mentioned in paragraph (f) of Section 1 hereof. chanroblesvirtualawlibrary
If the violation is committed by a partnership, association or
corporation, the managing partner or director or president who ordered
or allowed the violation to be committed shall be liable together with
other persons who actually committed the prohibited acts.
Section 4. Dealing in illegally caught fish or
fishery/aquatic products. — Any person who knowingly possesses, deals
in, sells, or in any manner disposes of, for profit, any fish,
fishery-aquatic products which have been illegally caught, taken or
gathered shall, upon conviction by a competent court, be punished by
imprisonment from 2 to 6 years.
Section 5. Repealing Clause. — Act No. 4003, as
amended, Republic Act No. 6451, laws, decrees, orders, rules and
regulations or parts thereof which are inconsistent with this Decree
are hereby repealed or modified accordingly.
Section 6. Effectivity. — This Decree shall take
effect upon promulgation.
Done in the City of Manila,
this 8th day of August, in the year of Our Lord, nineteen hundred and
seventy-four.
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