Presidential Decree No. 704 (PD 704) — Revising and Consolidating All Laws and Decrees Affecting Fishing and Fisheries.
WHEREAS, fish is one of the major and cheapest sources of
protein in the diet of 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
Title.
SECTION 1. Title.—This Decree shall be known as the
Fisheries Decree of 1975.
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.
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.
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.
Supervision and Control.
SEC. 5. Supervision and Control.—The Bureau shall
be directly under the control and supervision of the Secretary of
Natural Resources.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
CHAPTER VII GENERAL PROVISIONS
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.
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.
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.
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.
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.
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.
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.
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.
Separability Clause.
SEC. 50. 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 circumstance should for any reason be held invalid, such
invalidity shall not affect the other provisions or application of this
Decree.
Effectivity.
SEC. 51. Effectivity.—This Decree shall take effect
upon promulgation.
Done in the City of Manila, this 16th day of May, in the year of
Our Lord, nineteen hundred and seventy-five.
(Sgd.)
FERDINAND E. MARCOS
President
Republic of the Philippines
By the President:
(Sgd.)
ALEJANDRO MELCHOR
Executive Secretary
Section 3 hereof: Provided, That the Secretary may, upon
recommendation of the Director and subject to such safeguards and
conditions he deems necessary, allow for research, educational or
scientific purposes only, the use of explosives, obnoxious or poisonous
substance or electricity to catch, take or gather fish or
fishery/aquatic products in specified area: Provided, Further,
That the use of chemicals to eradicate predators in fishponds in
accordance with accepted scientific fishery practices without causing
deleterious effects in neighboring waters shall not be construed as the
use of obnoxious or poisonous substance within the meaning of this
section: Provided, Finally, That the use of mechanical bombs for
killing whales, crocodiles, sharks or other large dangerous fishes, may
be allowed, subject to the approval of the Secretary.
It shall, likewise, be unlawful for any person knowingly to
possess, deal in, sell or in any manner dispose of, for profit, any fish
or fishery/aquatic products which have been illegally caught, taken or
gathered.
The discovery of dynamite, other explosives and
chemical compounds containing combustible elements, or obnoxious or
poisonous substance, or equipment or device for electric fishing in any
fishing boat or in the possession of a fisherman shall constitute a
presumption that the same were used for fishing in violation of this
Decree, and the discovery in any fishing boat of fish caught or killed
by the use of explosives, obnoxious or poisonous substances or by
electricity shall constitute a presumption that the owner, operator or
fisherman were fishing with the use of explosives, obnoxious or
poisonous substance or by electricity.
CHAPTER VII GENERAL PROVISIONS
The Fisheries Loan and Guarantee Fund.
SEC. 41. The Fisheries Loan and Guarantee Fund.—
There is hereby created the Fisheries Loan and Guarantee Fund which
shall be administered by the Central Bank of the Philippines. The fund
shall, through the financial institutions mentioned in Section 42
hereof, be available for lending to qualified borrowers to finance the
development of the fishery industry.
The Fund shall also
guarantee eighty-five per cent (85%) of the losses which may be suffered
by the lending institution in case of default by the borrower, with the
remaining fifteen per cent (15%) of such losses being absorbed by the
lending institutions.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
