REVISING AND CONSOLIDATING ALL LAWS AND DECREES AFFECTING FISHING AND FISHERIES.

• Number: Presidential Decree No. 704
• Sections: 54

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

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:

DECLARATION OF POLICY DEFINITION OF TERMS

THE BUREAU OF FISHERIES AND AQUATIC RESOURCES

THE FISHERY INDUSTRY DEVELOPMENT COUNCIL

UTILIZATION AND EXPLOITATION OF FISHERY/AQUATIC

RESOURCES

RESERVE FISHERIES AND FISH SANCTUARIES

PROHIBITION AND PENALTIES

Section 1 Title.

SECTION 1. Title.—This Decree shall be known as the

Fisheries Decree of 1975.

Section 2 Declaration of Policy.

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

resource shall be exercised or continued to be exercised only under the

basic concept that the grantee, licensee or permittee 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.

Section 3

SEC. 3.

Definition of Terms.—As used in this Decree, the following terms

are defined as follows:

Bureau—Means the Bureau of Fisheries and Aquatic

Resources.

Closed season—Refers to the period during which fishing

is prohibited in a specified area or areas in 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.

Commercial fishing—Fishing for commercial purposes in

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

than three gross tons.

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.

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.

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.

Fishing boat.—Includes all boats, such as bancas,

sailboats, motor boats 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.

Fish corral or "baclad"—Means a stationary weir 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 nettings 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.

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.

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.

Fishery industry—Includes fish producers, fish

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

refrigerating and cold storage plants serving the industry.

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 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, 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.

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.

Municipal and/or small-scale fishing—Fishing utilizing

fishing boats of three gross tons or Jess, or using gear not requiring

the use of boats.

Municipal waters—Include not only streams, lakes, and

tidal waters included within the municipality, not being the

subject of private ownership, and not comprised within 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 paralled with

the general coastline and three nautical miles from such coastline.

Where two municipalities are so situated on the opposite shores that

there is Jess than six nautical miles of marine waters between them, the

third line shall be a line equi-distant 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.

Persons—Include juridical entities such as associations,

partnerships, cooperatives or corporations.

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.

Refrigerating and cold storage plants—Consist 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.

Secretary—Means the Secretary of Natural Resources.

Section 4

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 fish pens 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.

Section 5 Supervision and Control.

SEC. 5. Supervision and Control.—The Bureau shall

be directly under the control and supervision of the Secretary of

Natural Resources.

Section 6 Review.

SEC. 6. Review.—All actions and decisions of the

Director of Fisheries and Aquatic Resources are subject to review, motu

propio or upon appeal of any person aggrieved thereby, by the

Secretary whose decision 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 except through the special civil action of certiorari and

prohibition.

Section 7 Rules and Regulations.

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 newspapers of general circulation.

Section 8 Technical Assistance and Training Program.

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.

Section 9 Research and Demonstration Service.

SEC. 9. Research and Demonstration Service.—The

Bureau shall conduct research and studies regarding fish and

fishery/aquatic products; establish fish hatcheries, nurseries and

demonstration fishfonds; conduct experiment and demonstration services

on fish capture and gathering fishery/aquatic products, and the culture

and processing thereof; conduct oceanographic and limnological surveys;

and dessiminate the result of such research, studies and surveys.

Section 10 Fish landing points.

SEC. 10. Fish landing points.—The Bureau shall

determine and designate fish landing points 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 point may, if circumstances so warrant, be

closed.

Section 11 New Divisions in the Bureau.

SEC. 11. New Divisions 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.

Section 12 Creation and Membership of the 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:

Secretary of Natural Resources

Chairman

Secretary of Agriculture

Member

Secretary of National Defense

Member

Secretary of Trade

Member

Secretary of Public Works, Transportation 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 Investments

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 representatives 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 Chair-man 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.

Section 13 Functions of the Council.

SEC. 13. Functions of the Council.—The Council

shall formulate and establish 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.

Section 14 Council Secretariat and its Director.

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.

Section 15 Role of Member-Agencies.

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:

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;

Facilitate the grant of preferential rates in the rediscounting

of papers involving loans for the fishery industry; and

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.

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.

The Department of Agriculture shall:

Undertake soil sampling and provide or help provide

fertilizers for fish farming purposes; and

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.

The Department of Trade shall:

Plan and prepare such measures as may be necessary to promote

exports of fish and fishery/aquatic products; and

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.

The Department of Public Works, Transportation and Communications

shall:

Upon request of the Council, undertake site survey and

investigation, draw plans for, and construct, infrastructure facilities

for the fishery industry; and

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.

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:

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 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.

Section 16

SEC. 16. License, lease and permit—No person shall

exploit, occupy produce, culture, capture or gather fish, or fry or

fingerling of any species of fish, or fishery/aquatic products, or

engage in any fishery activity in 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 and 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.

Section 17 Commercial fishing boat license and other licenses.

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 or 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 fisherman: Provided, Furthermore, That the

commercial fishing boat license herein authorized to be granted shall

allow the licensee to operate only in Philippine waters 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, Finally, 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.

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 in 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 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 officers 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 a 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.

Section 18

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.

Section 19 Development of the Fish Meal Industry.

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

Section 20 Persons eligible for commercial fishing boat license.

SEC. 20. Persons eligible for commercial fishing boat

license.—No commercial fishing boat license shall be issued except

to citizens of the Philippines or to associations or corporations duly

registered in the Philippines, at least sixty per cent (60%) of the

capital stock of which is owned by Filipino citizens. No person to whom a

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 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 is engaged in, or used for, fishing operations. For

the purpose of this section, fishing operation include the

transportation of the fish caught.

Section 21

SEC. 21. Charter

contracts, lease or lease-purchase agreements and contracts for

assistance.—Citizanes 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 per cent (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, 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 guideline 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 export

items of fish and/or fishery/aquatic products.

Section 22 Operation of radio communication facilities on board fishing boats.

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 examination 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 in their home-based

stations: Provided, That the Radio Control Office shall, upon

application, issue a permit and assign a pre-set 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 pre-set radio frequencies assigned to fishing boat

operators.

B. INLAND FISHERIES

Section 23 Disposition of Public Lands for Fishponds.

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.

Section 24 Lease of Fishponds.

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:

The lease shall be for a period of twenty-five (25) years,

renewable for another twenty-five (25) years

Fifty per cent (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;

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 a

lessee who failed to develop the area or any portion thereof shall not

be permitted to re-apply for said area or any portion thereof or any

public land under this Decree; and

No portion of the lease area shall be sub-leased.

Section 25 Size of Fishponds.

SEC. 25. Size of Fishponds.—The area of fishponds

leased under the preceding section shall not exceed the following:

For individuals fifty hectares; and

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.

Section 26 Construction and Development of Family-size Fishponds.

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 lands which shall be subdivided into

family-size fishponds and leased in accordance with guidelines

established by the Council.

Section 27 License to Operate Fishpens.

SEC. 27. License to Operate Fishpens.—No person

shall construct and/or operate a 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 fish

pen 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 fish pen 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.

Section 28 No obstruction to navigation.

SEC. 28. No obstruction to navigation.—Nothing in

the foregoing sections shall be construed as permitting the lessee or

licensee to undertake any construction which will obstruct the free

navigation in any stream or lake flowing through or adjoining the fish

pen or 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

Section 29 Grant of Fishery Privileges.

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:

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 purposes 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;

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 a licensee under this paragraph shall not

operate within two hundred (200) meters of any fish corral licensed by

the municipality, except when the licenses is the owner or 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 by the Bureau,

such information and data on fishery matter as are reflected in such

forms.

Section 30 Municipal concessions and leases concerning fisheries.

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.

Section 31 Fishing areas reserved for exclusive use of government.

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

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.

Section 32 Fish refuges and sanctuaries.

SEC. 32. Fish refuges and sanctuaries.—Upon the

recommendation of the Director, the Secretary may set aside and

establish fish refuges and sanctuaries to be administered in the manner

to be prescribed by him. All streams, ponds, and waters within game

refuges, bird sanctuaries, national parks, botanical garden, communal

forests and communal pastures are hereby declared fish refuges and

sanctuaries.

Section 33 Illegal fishing, dealing in illegally caught fish or fishery /aquatic products.

SEC. 33. 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 (l), (m) and (d), respectively, of

Section 34 Fishing with fine-mesh nets.

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 conformably 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.

Section 35 Trawl fishing in waters seven fathoms deep or less.

SEC. 35. Trawl fishing in waters seven fathoms

deep or less.—Subject to the provisions of Section 17 hereof, no

person shall operate trawls in waters seven fathoms deep or less.

Section 36 Ban on exportation of Bangus Fry.

SEC. 36. Ban on exportation of Bangus Fry.—It

shall be unlawful for any person to export "bangus" fry.

Section 37 Pollution of waters.

SEC. 37. Pollution of waters.—It shall be unlawful

to place, cause 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, lampback, 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, edgings, or any factory refuse or any

substance or material deleterious to fish or fishery/aquatic life.

Section 38 Penalties.

SEC. 38. Penalties.—(a) For illegal fishing and

dealing in illegally caught fish or fishery/aquatic products.—Violation

of Section 33 hereof shall be punished as follows:

By imprisonment from ten (10) to twelve (12) years, if

explosives are use: Provided, That if the explosion results 1)

in physical injury to any person, the penalty shall be imprisonment from

twelve (12) to twenty (20) years, or 2) in the loss of human life,

then the penalty shall be imprisonment from twenty (20) years to

life, or death;

By imprisonment from eight (8) to ten (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 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;

By imprisonment from two (2) to four (4) years, if electricity

is used; and

By imprisonment from two (2) to six (6) years for dealing in

illegally caught fish or fishery/aquatic pro ducts.

Trawl fishing.—Violation of section 35 hereof shall be

punished by a fine not exceeding one thousand pesos (P1,000.00) or

imprisonment for a period not exceeding one (1) year, or both fine and

imprisonment, in the discretion of the Court.

Exportation of "bangus" fry.—Violation of section 36 shall

be punished by a fine of not less than one thou sand 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.

Other violations.—Violation of any other provision 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 thou sand (P5,000.00) or to cancel his permit or license, or

to impose such fine and to 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 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/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.

Action on any violation mentioned in this Chapter shall be taken if the

Secretary so decides.

Section 39 Seizure Proceedings.

SEC. 39. Seizure Proceedings.—Any foreign fishing

boat illegally engaged in fishing within Philippine waters shall be

summarily confiscated administratively, including its catch and fishing

equipment, without prejudice to any civil or criminal action that may be

taken against its owners and/or operators.

Section 40 Persons authorized to enforce this Decree and fisheries rules and regulations.

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 rules and

regulations.

Section 41 Compromise.

SEC. 41. Compromise.—With the approval of the

Secretary, the Director may, at any stage of the proceeding, compromise

any case arising under any provision of the Decree, subject to the

following schedule of administrative funds:

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 not

exceeding five thousand pesos (P5,000.00).

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 to 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.

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 (P100.00) for each

fisherman and for each month such fisherman is employed.

Obstruction of fishery officers.—The owner 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 cancelled.

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).

Transfer of ownership or lease of fishing boat 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

(P200.00).

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 operation.

Other violations.—Other violations may be compromised: Provided,

That the fine shall not be less than fifty per cent (50%) of the fine

originally imposed for the violation.

Section 42 Loans to the Fishery Industry.

SEC. 42. Loans to the Fishery Industry.—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 shall make loans

available to eligible borrowers as their respective charters 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:

Grant loans for the development, rehabilitation and maintenance

of fishponds, fishpens and acquisition of fishing boats and fishing

equipment;

Extend loan for production, handling, processing and marketing,

including the establishment and operation of refrigerating plants and

cold storage facilities;

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 Numbered Sixty-three hundred and ninety or other laws, or

under project supervision.

Section 43 Financing of Municipal and/or Small-Scale Fishing.

SEC. 43. Financing of Municipal and/or Small-Scale

Fishing.—Municipal and/or small-scale fishermen who are members of a

cooperative may avail of financing from any fund administered by the

Central Bank or from rural banks under a supervised credit scheme. Such

loan may cover the acquisition and/or repair of bancas, engines and

fishing equipment.

Section 44 Establishment and Operation of Refrigerating and Cold-Storage Plants.

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.

Section 45 Exemption of Fishermen from Operation of the Blue Sunday Law and the Eight-Hour Labor Law.

SEC. 45. Exemption of Fishermen from Operation of the

Blue Sunday Law and the Eight-Hour Labor Law.— Fishermen 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.

Section 46 Auditor.

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.

Section 47 Receipts of Bureau automatically appropriated for certain purposes.

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 demonstration stations,

rentals 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, operation and

maintenance of experimental fishery stations, and for salaries and wages

of necessary personnel.

Section 48 Appropriation.

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.

Section 49 Repealing Clause.

SEC. 49. Repealing Clause.—Presidential Decrees

Nos. 43, 534 and 553, Act No. 4003, as amended, Republic Acts No. 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.