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.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
