PROVIDING FOR THE ACCELERATED DEVELOPMENT OF THE FISHERY INDUSTRY OF THE PHILIPPINES

• Number: Presidential Decree No. 43
• Sections: 22

Preamble

WHEREAS, fish is one of the major and cheapest

sources of protein in the diet of the Filipino people;

WHEREAS, 2.2 million Filipinos depend directly on

the fishing 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, in the New Society, there is a compelling

need to bring fish prices down to the lowest possible level in order to

benefit the lower-income groups in the society;

WHEREAS, the most effective method of bringing down

fish prices is to increase production of both marine and the inland

fish;

WHEREAS, the vast fishery resources of the

Philippines have remained largely untapped due to unnecessary

constraints brought about by law or by regulations and by the failure to

provide an integrated development program and the appropriate

incentives;

WHEREAS, there was pending before Congress prior to

the promulgation of Proclamation No. 1081, dated September 21, 1972, a

proposed bill entitled "AN ACT TO ACCELERATE THE INTEGRATED

DEVELOPMENT OF THE PHILIPPINE FISHERY INDUSTRY AND FOR OTHER PURPOSES" designed

to develop the industry in all its aspects and which had been duly

certified by me as one of the priority measures needed for the national

economic program of the Government;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of

the Philippines by virtue of the powers in me vested by the

Constitution as Commander-in-Chief of the Armed Forces of the

Philippines, and pursuant to Proclamation No. 1081, dated September 21,

1972, and General Order No. 1, dated September 22, 1972, in order to

effect the desired changes and reforms in the social, economic and

political structure of our society, do hereby order and decree that the

following Fishery Industry Development Decree of 1972 be adopted and

made part of the law of the land;

Section 1 Title.

SECTION 1. Title. — This Decree shall be

known as the Fishery Industry Development Decree of 1972.

Section 2 Declaration of Policy.

SEC. 2. Declaration of Policy. — It is

hereby declared the policy of the State to accelerate the integrated

development of the fishery resources of the country. For this purpose,

the Government shall promote, encourage, and hasten the organization of,

provide assistance to, and help integrate the activities of all

persons, associations, cooperatives and corporations engaged in the

industry so that the nation may achieve self-sufficiency in the supply

of fish and fishery products and to achieve said purposes, the fishing

industry shall be considered as a Board of Investments pioneer project.

It shall also encourage and promote the diversification of export

products and markets to enable the fishery industry to contribute

positively in the development and growth of the national economy. More

particularly, the Government shall help provide financing, training,

extension services, technical assistance and infrastructures for

production, storage, processing, transportation, marketing and the

distribution of fish and fishery products.

Section 3 Definition of Terms.

SEC. 3. Definition of Terms. — As used in

this Decree, the following terms are defined as follows:

(a) 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 at least consisting of a nursery pond, a

transition pond and a rearing pond and a water control system.

(b) Fish and Fishery 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) and fishery products include all products of aquatic

living resources in any form.

(c) Refrigerating and cold storage plants — Consist of a

set of refrigerating machineries housed in a building with cold storage

compartments, for purposes of making ice and freezing and storing fish

and other perishable commodities.

(d) Fishery industry — Consists of the production,

processing, preservation, marketing and distribution of fish and fishery

products.

(e) Commercial fishing — Fishing for commercial purposes

in waters of more than seven fathoms deep with the use of fishing boats

of more than three gross tons.

(f) Municipal or sustenance fishing — Small scale fishing

utilizing fishing boats of three gross tons or less or using gears not

requiring the use of boats.

(g) Components of the fishery industry — Fish producers,

fish processors, fish traders both wholesalers and retailers, and owners

of refrigerating and cold storage plants serving the industry.

(h) Economic family size fishpond — An area of fishpond

that permits the sufficient use of labor and capital resources of a

family and will produce an income sufficient to provide a modest

standard of living to meet a family's need for food, clothing, shelter,

health and education with allowance for payment of yearly installments

on the area, and reasonable reserves to absorb yearly fluctuations in

income.

(i) Commercial scale fishpond production — This refers to

production of fish in fully developed fishpond of not less than 500

kilograms of production per hectare per year,

Section 4

SEC. 4. Fishery Industry Development Council —

To implement the foregoing 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:

Secretary of Agriculture and

Natural Resources

Chairman

Director of Fisheries

Vice-Chairman and Executive

Officer

Secretary of National Defense

Member

Governor of the Central 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 Investments

Member

And a representative each to be recommended by the largest

nation-wide bona fide organizations of fishpond operators and fishing

associations, to be appointed by the President upon the recommendation

of the Secretary, Department of Agriculture and Natural Resources for a

term of two years.

Within thirty days after the approval of this Decree, the President

of the Philippines shall constitute the Council. The Council shall meet

regularly on the first Monday of each month: Provided, That the

Chairman may convene the Council in special meetings to consider urgent

matters. If any of the members shall not be able to attend the regular

and special meetings of the Council, he shall send a duly authorized

representative to exercise his powers and perform his functions.

The Council shall adopt the rules and regulations necessary to govern

its proceedings, and determine its official location and address.

Section 5 Powers and functions of the Council.

SEC. 5. Powers and functions of the Council. —The

Fishery Industry Development Council shall have the following

functions, powers and duties:

To provide comprehensive policy guidance and create a healthy

investment climate for the development of the industry in all its

aspects, and delineate and coordinate the various activities of the

participating agencies of the industry;

To encourage persons, associations, cooperatives and

corporations engaged or who will engage in the production, storage,

processing, marketing and distribution phases of the industry to adopt

such systems and practices which will reduce costs and improve the

quality of fish and fishery products in order to bring about fair

returns to producers and reasonable prices for the benefit of the

consumers;

To promote the establishment of infrastructure and other

physical facilities geared towards the development of the fishing

industry;

To encourage the improvement and modernization of the fishing

fleet of the country and the expansion of its operation;

To provide guidelines aimed at protecting fish habitats,

marine parks, and other fishery resources from pollution;

To draw up a comprehensive financial program for the industry

indicating therein the sources, either domestic or foreign, allocating

the funds thereof under a system of priority;

To devise a feasible system of insurance which will meet the

needs of the industry.

The Council shall, within ninety days after it has been constituted,

adopt a Fishery Industry Development Program, hereinafter referred to as

the "Program," which shall be implemented by its constituent agencies.

In this regard, the President of the Philippines, in consultation

with the Council and Monetary Board, may under Republic Act Numbered

Sixty-one hundred and forty-two, enter into, make, perform and carry out

contracts of every class and description necessary or incidental to the

realization of the objectives of the Program with any person, firm or

corporation, private or public, or initiate contracts and/or agreements

in behalf of the industry between the Philippine Government and foreign

governments or institutions.

Section 6 Implementing Agencies.

SEC. 6. Implementing Agencies. — The

agencies represented in the Council shall, in accordance with the

Fishery Industry Development Program adopted by the Council, have the

following functions, powers and duties under this Decree;

The Department of Agriculture and Natural

Resources shall:

Direct and coordinate the activities of its component agencies

in accelerating the development of the industry;

Direct and facilitate the orderly, systematic and expeditious

transfer of the jurisdiction of public lands available for fishpond

development to the Bureau of Fisheries upon the effectivity of this

Decree. For this purpose, all public lands, such as tidal swamps,

mangrove and other swamps, marshes, ponds and streams within public

lands, including public lands left dry during the lowest low tide and

covered by water during the highest tide; and which are not needed for

forestry purposes are hereby declared available for fishpond purposes

and automatically transferred to the Bureau of Fisheries for its

administration and disposition: Provided, That the Bureau of

Fisheries shall set aside portions of such public lands for fish

propagation, fish sanctuary, conservation and ecological purposes: And Provided,

That certain tidal swamps, mangrove and other swamps, marshes, ponds,

streams within public lands, used or utilized by fishery schools and

colleges be set aside for their use; and

Undertake such other measures as may be necessary to

efficiently carry out the fishery industry development program.

The Bureau of Fisheries shall be the research, advisory and

executive arm of the Council and as such shall have the primary and

direct responsibility for implementing the Program as approved by the

Council with the active cooperation of, and in coordination with, other

participating agencies. It shall:

Exercise the powers, duties and function under Republic Act

Numbered Thirty-five hundred and twelve, not inconsistent with the

provisions herein stated for the attainment of policy, objectives and

purposes of this Decree;

Issue or promulgate and execute instructions, orders, rules

and regulations for the development, improvement, management and/or

conservation of fish and fishery resources, declare and/or establish and

enforce for a specified time of the year a close season for the

catching and selling of a specified species of fish or the operation of a

specified fishing gear covering the entire Philippine territorial

waters or any portion thereof that shall be specifically defined,

subject to the approval of the Council. Such instruction, rule or

regulation, declaration and/or establishment shall take effect fifteen

(15) days after its publication in the Official Gazette and two

newspapers of general circulation;

Prescribe fees for the gathering, taking, culturing and

processing of fish and other fishery products, permit, license or

concession fees, fees for the importation or exportation of aquatic

products and other fees for the grant of fishery privileges, subject to

the approval of the Council;

Grant or execute leases, subject to the approval of the

Council, entitling the holders thereof to develop a definite tract of

public land to be devoted exclusively for fishpond purposes for a period

of fifteen (15) to twenty five (25) years, subject to renewal for an

equal or longer period;

Grant concession for collecting or gathering of marine mollusks

or their shells sponges seaweeds and other aquatic products in any of

the territorial waters of the Philippines;

Undertake a fisheries training program and coordinate with and

provide assistance to fishery educational institutions in their research

and instructional activities to provide the fishery industry with

technically competent manpower: Provided That the fishery

educational institution shall devise and adopt a standard "core"

curriculum aimed at the training of vocational level fishery

technicians;

Perform all powers functions and duties over fishing vessels of

more than three (3) gross tons regarding the registration,

documentation, inspection and licensing of said vessels for the purpose

of fishing operations: Provided, That the license granted shall

allow the licensee to operate only in Philippine waters to of more than

seven (7) 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 Director of Fisheries with the approval of the

council, notwithstanding the provisions of law to the contrary: Provided,

further, That the Bureau of Fisheries after a thorough and careful

study is hereby empowered to declare and open and close season for the

operation of baby trawls in areas seven fathoms deep or less: Provided,

furthermore, That operations of baby trawls using fishing boats of

three (3) gross tons or less may operate in areas four fathoms (4) deep

or more subject to the approval of the Council herein created, may

declare, an open and close season for their operations;

Notwithstanding the provision of any law to the contrary, a fishing

vessel may by accepted for registration, documentation and licensing

purposes by the Bureau of Fisheries, upon inspection and verification by

the naval architect and marine engineer if the said Bureau that the

fishing vessel is seaworthly and fit foe operations;

Issue permits for the importation into and exportation from the

Philippines of any fish or fishery products, mollusks, crustaceans,

other aquatic animal, adult, young, fry or fish eggs, for propagation or

for other purposes, subject to the approval of the Council: Provided,

That exportation of fry or fish eggs shall be allowed only after the

requirements of the industry are met;

Issue for scientific research and educational purposes,

temporary permits to any person, association or corporation to operate

fishing vessels for a period not exceeding six months on the basis of

rules and regulations approved by the Council;

Issue fishermen's license in connection with the operation of a

fishing vessel of more than three (3) gross tons on the basis of rules

and regulations approved by the Council;

Designate in writing, as Deputy Fish Warden, competent public

officials and/or private reputable persons engaged in the fishery

industry, with full power, and authority to enforce all fishery laws,

rules and regulations and to arrest offenders against the same: Provided,

That the Director shall prescribe the qualification of persons to be

appointed, subject to the approval of the Council;

Maintain a system of regularly obtaining and disseminating

accurate data and statistics on fish production, distribution,

utilization and fishery resources of the country and other useful

information relating to the industry;

Undertake applied fisheries research aimed at increasing the

efficiency and effectiveness of the methods and techniques of production

and utilization of fish and fishery products and the utilization of

different fertilizers for fishponds;

Designate and set the boundaries of Fishery Districts and

submit to the Council, a program within one (1) year after the passage

of this Act for the Organization of District Fishery Corporations or

Cooperatives to be composed of the various components of the industry in

each District which shall engage in the buying, processing, storing and

marketing of fish and fishery products. To serve this purpose, the

Bureau shall promote in each of the Fishery Districts to be established

under this Act, the establishment of adequate refrigerating plants for

ice making, storage and quick-freezing to be owned preferably by the

District Fishery Corporation or Cooperatives: Provided, That

refrigerating and cold storage plants belonging to the Bureau shall be

sold to the District Fishery Corporation or Cooperatives under such

terms and conditions promulgated by the Bureau, subject to the approval

of the Council: Provided, further, That ice-making, cold

storage and quick freezing facilities may be established by any person,

corporation or cooperatives in any part of the country without the

necessity of any Congressional or municipal franchise, notwithstanding

the provisions of the law to the contrary.

The Development Bank of the Philippines is hereby authorized to

convert its outstanding and collectible loans to the fishery industry in

the District into equity shares of stock in these District Fishery

Corporations or Cooperatives as these loans are paid: Provided,

however, That such shares of the Bank shall be sold to the private

sector at its option in the following order of priority: municipal

fisheries operator or small fishermen, fish retailers, fishery

cooperatives, fishpond operators and deep-sea fishing operators;

Promote the organization of small fishermen's associations and

cooperatives in cooperation with existing government cooperative

agencies, and the nationwide federation of these organizations;

Determine and designate fish landing points in appropriate

places throughout the Philippines and require the landing of all

commercial fishing vessels at these designated places: Provided,

That all fish landing points established prior to the approval of this

Act shall be considered authorized fish landing points;

Conduct and supervise the inspection of fish and fishery

products for export, imports and those produced and consumed locally,

for quality and compliance with fishery and other pertinent laws. For

this purpose, the Bureau shall establish within one (1) year after the

approval of this Act quality grades and standards to conform to world

standards as much as possible, subject to the approval of the Council;

and

Promote the development of a viable fish meal industry in the

country within two (2) years after the promulgation of this Decree in

order to maximize the utilization of fish and fishery products and to

complement the development of the animal industry. For this purpose, the

Bureau shall, subject to the approval of the Council, recommend to the

Central Bank the gradual reduction of fish meal imports to induce the

development of the local fish meal industry.

In order to enable the Bureau of Fisheries, as the executive arm of

the Council, to efficiently implement the Fishery Industry Development

Program and carry out its other functions under this Decree, its

organizational set-up is hereby strengthened. The Director shall be

assisted by an Assistant Director for Administration, Information and

Regulations and as Assistant Director for Research and Development. To

be more responsive to the needs of, and effectively carry out the

purposes and objectives of this Decree, there are hereby created the

Administrative Division; Licenses and Protection Division; Fishery

Economics and Information Division; Fishery Research Division; Fish

Propagation Division; and Technological Division. In addition, a

Planning and Management Staff and other organizational units as provided

for in the Integrated Reorganization Plan, are created: Provided,

That the aforementioned organizational units shall be staffed by the

Director from qualified personnel of the Bureau as first priority, and

he shall include proposals for additional necessary personnel therefor

in its appropriation for the immediate succeeding year.

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 Fishery Industry Development Program in all its

aspects. For this purpose, it shall, in addition to its present powers

and functions, undertake the following activities:

Coordinate the policies, programs and activities of all banks

and financial institutions, relating to the provision of credit to

persons, associations, cooperatives, corporations engaged in the fishery

industry;

Grant preferential rates in the rediscounting of papers

involving loans for the fishery industry; and

Grants concessionary rate of interest on loans for the

development of fishery industry upon certification by the Director of

Fisheries.

The Secretary of National Defense shall extend all assistance

including personnel and equipment as may be necessary in the enforcement

of fishery laws and regulations and in the attainment of the aims and

objectives embodied in this Decree.

The private sector of the fishery industry shall direct their

collective efforts towards a more active cooperation and coordination

with Government agencies. It shall:

Assume the primary responsibility of accelerating the

development of the industry;

Conduct research and experiments in cooperation with

government agencies;

Allow implementing agencies of the Government access to such

statistical data and information as would be necessary in the

formulation of sound policies; and

Take active participation in technical manpower training by

giving on-the-job training opportunities to fishery apprentices,

trainees and volunteers.

Section 7 Technical Manpower Training.

SEC. 7. Technical Manpower Training. — The

private sector and/or fishery schools and colleges shall coordinate with

the Bureau of Fisheries and other government agencies on the training

of fishery technicians including volunteers by giving on-the-job

training: Provided, That for fishery students in schools and

colleges, one semester on-the-job training will be a requisite for

graduation.

The amount of five million pesos shall be set aside yearly from the

Fishery Industry Development Fund for the acquisition of fishing vessels

and/or other training paraphernalia and for operational expenses for

the training to be conducted by the Bureau of Fisheries.

Section 8

SEC. 8. Filipino Predominance in the Fishery

Industry. Upon approval of this Decree, only citizens of the

Philippines and associations or corporations at least sixty per cent of

the capital of which is owned or controlled by citizens of the

Philippines may engage in any business activity relating to the fishery

industry.

Section 9 Role of Other Government Agencies.

SEC. 9. Role of Other Government Agencies. —

All departments, authorities, commissions, bureaus, agencies, offices,

of the National Government, government-owned or controlled corporations

and entities, and local governments not directly involved as

participating agencies of the Fishery Industry Development Program shall

cooperate with the Council and the agencies under it in the

implementation of the provisions of this Decree. For this purpose, they

are hereby authorized and directed to extend assistance, technical

guidance and provide facilities to the Council and the implementing

agencies under this Decree, subject only to limitations of their

respective charters resources.

Section 10 Fishery Industry Development Fund.

SEC. 10. Fishery Industry Development Fund. —

To carry out the provisions of this Decree, there is hereby established

a Fishery Industry Development Fund, hereinafter referred to as Fund,

to finance the development of the industry. It shall be held in trust by

the Central Bank of the Philippines and shall be constituted in the

manner and from the sources hereinafter provided.

An annual lease rental and/or permit fee per

hectare of fishpond shall be collected based on a schedule to be

prescribed by the Bureau of Fisheries with the approval of the Council.

An annual fee for commercial fishing boat license on fishing

vessels of more than three (3) gross tons shall be collected based on a

schedule to be prescribed by the Bureau of Fisheries with the approval

of the Council and the fish caught fee as prescribed in Act Numbered

Four thousand three as amended shall not be imposed.

Public officials of all agencies charged with the function of collecting

the revenues proceeds, rentals, charges, duties and fees under this

section are hereby directed to remit directly to the Central Bank any

and all monthly collections thereof within fifteen (15) days of every

succeeding month.

The Central Bank as the trustee of the Fund is hereby authorized to

invest the Fund and proceeds thereof shall form part of the Fund.

The Fund shall be utilized for financing the requirements of the

fishery industry: Provided, That the disposition, allocation

and utilization of the Fund for the purposes envisioned in this Decree

shall be the exclusive prerogative of the Council,

Section 11 Loans to the Fishery Industry.

SEC. 11. Loans to the Fishery Industry. —

Upon approval of the Fishery Industry Development Program, the

Development Bank of the Philippines, the Philippine National Bank, rural

banks and Veterans Bank and other government-owned or controlled

lending or banking institutions concerned shall make available loans to

eligible borrowers as are provided in their respective charters

and all articles of incorporations and by-laws, and policies of the

Central Bank of the Philippines: Provided, That:

It shall be mandatory for the Development Bank of the Philippines,

the Philippine National Bank, rural banks and Veterans Bank and other

government-owned or controlled lending institutions dealing with medium

and long-term lending to:

Grant loans for the development of fishponds

and the acquisition of fishing boats including fishing paraphernalia;

To extend loans for production, handling, refrigerating plants

and cold storage, processing and marketing;

Grant, loans to leaseholders of public lands for development

of fishponds: Provided, however, That the term of the lease

contract shall be longer than the period of repayment of the loan: Provided,

finally, That holders of ordinary fishpond permits who have

additional collaterals to offer may be granted loans at the discretion

of the bank management and/or lending institutions; and

To give preferential loans at concessionary rates of interest

given to any borrower during a given period to be set by the Council,

except for special rates of interest granted by GSIS and SSS to its

members, for the development of fish and fishery products,

For this purpose, eligible papers shall be given preference in the

rediscounting policy of the Central Bank of the Philippines and that the

rediscounting rate shall be the lowest preferential rate extended to

private banks and the Development Bank of the Philippines, the

Philippine National Bank, rural banks and Veterans Bank and other

government-owned or controlled lending or banking institutions.

All loans under this Program shall be extended under supervised

credit as prescribed under Republic Act Numbered Sixty-three hundred and

ninety or under project supervision.

Section 12 Funding for Projects of Veterans in Fishery Industry Development.

SEC. 12. Funding for Projects of Veterans in

Fishery Industry Development. — All projects of veterans and their

qualified heirs within the purview of the Fishery Industry Development

Program shall be funded by the Philippine Veterans Bank: Provided,

That projects involving family size fishponds shall be given priority

in financing by the Philippine Veterans Bank.

Section 13 Disposition of Public Lands for Fishpond.

SEC. 13. Disposition of Public Lands for

Fishpond. — Public lands already covered by lease agreements prior

to the effectivity of this Decree shall not be sold.

Within two years after the effectivity of this Decree the areas

leased should be fully developed and producing in commercial scale. Any

remaining undeveloped portion shall automatically revert to the public

domain for disposition by the Bureau of Fisheries: Provided,

That the lessee failing to develop the remaining portion of his leased

area shall not be permitted to re-apply for the reverted area or any

public land under this Decree.

Public lands available for fishpond development and not yet leased

prior to the effectivity of this Decree, including those earmarked for

development as family size fishponds, shall be leased only to qualified

persons, associations, cooperatives or corporations, subject to the

following conditions:

Fifty per cent of the area leased shall be developed and

producing in commercial scale within three years and the remaining

portion of the leased area shall be developed and producing in

commercial scale within five years, both periods to begin from the

execution of the lease contract;

All areas not developed and not producing in commercial scale

within five years from the date of execution of the lease contract

shall automatically revert to the public domain for disposition by the

Bureau of Fisheries; and

No portion of the leased area may be subleased.

Under this Decree, the area of fishpond lease-holdings shall be

limited as follows:

For individuals — a maximum of fifty hectares based on

productivity, distance to markets and other technical factors; and

For corporations — five hundred hectares: Provided,

That at least twenty-five per centum of the equity shall be owned by

persons other than the members of one extended family: Provided,

further, That corporations engaged in canning of fish and

by-product utilization may lease one thousand hectares.

All public lands leased after the effectivity of this Decree shall 6e

exempted from the annual lease rental provided in Paragraph A

of Section eleven of this Decree for the first two years from the date

of execution of the lease contract.

Section 14 Construction and Development of Family Size Fishpond.

SEC. 14. Construction and Development of Family

Size Fishpond. — For the purpose of accelerating the development of

fishponds, the Bureau, subject to the approval of the Council, shall

identify public lands which shall be subdivided into economic family

size fishponds. The area of a family size fishpond shall be determined

by the Council with due consideration to the fertility of the land: Provided,

That such fishponds shall be leased only according to the priority

herein provided:

Landless and poor families living in the vicinity, town and

province wherein the fishponds are located;

Qualified graduates of fisheries schools; and

Landless veterans.

Persons in the above categories with at least one year experience in

fishpond operation shall be given preference. All beneficiaries of

family size fishponds shall form a selda, cooperative or association for

the efficient management of the operations of the area. Each

beneficiary shall be given a loan equivalent to P5,000.00 per hectare

without collateral under a Supervised Credit Scheme and under terms and

conditions to be prescribed by the Council.

For the above purpose, the sum of thirty million pesos is hereby

appropriated, out of any funds in the National Treasury not otherwise

appropriated, for each of the first two fiscal years after passage of

this Decree and twenty million pesos every year for ten years thereafter

to finance the construction and development of family size fishponds.

Section 15 Auditor.

SEC. 15. Auditor. — The Auditor General

shall be the ex officio auditor of the Fisheries Industry Development

Council and the Bureau of Fisheries. The provisions of Sec. 584 of the

Revised Administrative Code as amended by Republic Act 2266 shall,

except as hereinafter provided, apply to the office of the

representative of the Auditor General in the Council and the Bureau. The

necessary appropriations to cover the expenses for the maintenance and

operation of the office of said representative shall be paid out of the

income of the Bureau of Fisheries under the receipts automatically

appropriated fund and/or any other income accruing from funds provided

in this Decree.

Section 16 General Provisions Relating to Commercial Fisheries.

SEC. 16. General Provisions Relating to

Commercial Fisheries. — To encourage and promote fishing in

international waters, the Bureau is directed to make a study and a

proposal to the Council, within the first year after the effectivity of

this Decree, on the measures to be undertaken to encourage Filipinos to

operate fishing boats in international waters.

Every vessel of Philippine registry of not less than ten gross tons

nor more than five hundred gross tons, which is operated exclusively as a

fishing vessel for catching and transporting fish in the territorial

waters of the Philippines, shall be required to carry only one licensed

navigator and one licensed engineer regardless of grade or rank to man

such fishing vessel.

Any provision of law to the contrary notwithstanding, any fishing

vessel shall be provided with adequate medical supplies and

lifeboats to be determined by the Bureau of Fisheries; and any fishing

vessel of not less than twenty (20) gross tons shall have in its employ a

registered nurse or a person qualified as a first aider as certified by

a government physician.

The provisions of any law to the contrary notwithstanding, fishermen

on board fishing vessels engaged in fishing operations are hereby

exempted from the provision of the Blue Sunday Law.

Membership under the Social Security Act shall be optional for

fishermen but shall be compulsory for other employees of the industry

who are permanently employed.

The total number of working hours of a fisherman and employee on

board a fishing vessel, whether continuous or broken, shall not exceed

eight hours a day: Provided, That work rendered in excess

thereof shall be treated as overtime. The responsibility of keeping a

record of overtime services rendered shall devolve upon the navigator of

the vessel.

The skipper or any employee on board a fishing vessel capable of

operating radio transceivers of not more than three hundred watts shall

be authorized by the Radio Control Board to operate such transceivers

during fishing operations without the necessity of taking the prescribed

examinations pursuant to the radio laws and regulations of the

Philippines: Provided, That no franchise shall be required and

in lieu thereof the Radio Control Board shall issue a permit to all

applicants of radio transceivers of not more than three hundred watts.

Section 17 Municipal or Sustenance Fishing.

SEC. 17. Municipal or Sustenance Fishing. —

Municipal or sustenance fishermen who are members of a cooperative may

avail of financing from the Agricultural Guarantee Loan Fund

administered by the Central Bank /Rural Banks or from other sources

under a supervised credit scheme. Such loan may cover the acquisition

and/or repair of bancas, engines and fishing paraphernalia.

Section 18 Penalties.

SEC. 18. Penalties. — Any violation of any

rule or regulations promulgated by virtue of this Decree or any fishery

law, rules and regulations shall subject the offender to a fine of not

more than five thousand pesos or imprisonment of not more than five

years or both in the discretion of the Court: Provided, That

the Director of Fisheries is hereby empowered to impose an

administrative fine of not more than one thousand pesos or the

cancellation of the permit or license as the case may be or both such

fine and cancellation at the discretion of the Director of Fisheries,

upon any person, partnership or corporation who shall violate any rule

or regulation promulgated by virtue of this Decree: Provided,

further. That the Director, or his duly authorized representative

and law enforcement agents are hereby empowered to impound the fishing

vessel or boat including the dynamite and blasting caps and other

explosives, tackle, apparel, furniture, and other apparatus used in

illegal fishing pending the 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 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 years or

both at the discretion of the Court.

Section 19 Repealing Clause.

SEC. 19. Repealing Clause. — All Acts,

parts of Acts, executive orders and regulations inconsistent with the

provisions of this Decree are hereby repealed or modified accordingly.

Section 20 Separability Clause.

SEC. 20. Separability Clause. — The

provisions of this Decree are hereby declared to be 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 or unconstitutional, such invalidity or unconstitutionally shall

not affect the other provisions or application of this Decree which can

be given force and effect.

Section 21 Effectivity.

SEC. 21. Effectivity. — This Decree shall

take effect upon its approval.

Done in the City of Manila, this 9th day of November, in the year of

Our Lord, nineteen hundred and seventy-two.

(Sgd.) FERDINAND E. MARCOS

President

Republic of the Philippines

By the President:

(Sgd.) ALEJANDRO MELCHOR

Executive Secretary