DEFINING ILLEGAL FISHING AND PRESCRIBING STIFFER PENALTIES THEREFOR

• Number: Presidential Decree No. 534
• Sections: 7

Preamble

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;

WHEREAS, loss of human lives oftentimes occur and varied

diseases and ailments are suffered by those who partake of fish and

fishery products which have been illegally caught or gathered;

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:

Section 1 Definition of Terms.

SECTION 1. Definition of Terms.—For purposes of this

Decree, the following terms are denned:

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.

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.

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.

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.

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.

Violations of Rules and Regulations.—means violations of

Fisheries Administrative Orders, rules and regulations promulgated by

the Secretary of National Resources.

Persons.—include natural and juridical persons, unless

the context intends otherwise.

Section 2 Prohibition.

SEC. 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.

SEC. 3. Penalties.—Violations of this Decree and

the rules and regulations mentioned in paragraph (f) of Section 1 hereof

shall be punished as follows:

by imprisonment from 10 to 12 years, if explosives are

used: Provided, That if the explosion results (1) in physical

injury to any 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;

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 to

life, or death;

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.

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

the person who actually committed the prohibited acts.

Section 4

SEC. 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 count, be punished by imprisonment from 2 to 6 years.

Section 5 Repealing clause.

SEC. 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 repeated or modified accordingly.

Section 6 Effectivity.

SEC. 6. Effectivity.—This Decree shall take

effect upon its promulgation.

Done in the City of Manila, this 8th day of August, in the

year of Our Lord, nineteen hundred and seventy-four.

(Sgd.)

FERDINAND E. MARCOS

President of the Philippines

By the President:

(Sgd.)

ALEJANDRO MELCHOR

Executive Secretary