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This web
page
contains the full text of
Presidential
Decree No. 1219
[PROVIDING FOR THE EXPLORATION,
EXPLOITATION,
UTILIZATION AND CONSERVATION OF
CORAL
RESOURCES]
.
PRESIDENTIAL DECREE
NO.
1219
(As
amended by Presidential Decree No. 1698, 1980)
[PROVIDING FOR
THE EXPLORATION,
EXPLOITATION,
UTILIZATION
AND CONSERVATION OF CORAL RESOURCES].
WHEREAS, coral resources are
known to exist beneath territorial waters and in the marine economic
zone
of the Philippines;
WHEREAS, the exploitation
of these resources, especially the precious coral varieties, will bring
revenue to the country and generate employment in the processing and
utilization
of these resources;
WHEREAS, it is necessary
that the exploration, exploitation, utilization and conservation of
these
resources be properly regulated to ensure the preservation of the
country’s
marine environment;
WHEREAS, conservation of
ordinary corals is necessary for the preservation of the natural
breeding
ground, habitat or abode of fishes and other marine organisms;
WHEREAS, ordinary corals
are natural protection of the shore and adjacent infrastructures
against
destructive effects of wave erosion;
NOW, THEREFORE, I,
Ferdinand
E. Marcos, President of the Philippines, by virtue of the powers vested
in me by the Constitution, do hereby promulgate the following:
Section 1
Title
This Decree shall be
called
"The Coral Resources Development and Conservation Decree."
Section 2
Declaration of
Policy
It is hereby declared to
be the policy of the State to promote and regulate the exploration,
exploitation,
utilization and conservation of coral resources, whether existing
beneath
territorial waters or in the marine economic zone of the Philippines,
and
to ensure the protection of these resources as provided for under other
existing laws.
Section 3
Definition of Terms
As used in this Decree the
following terms are defined as follows:
a. Person includes
a natural or juridical person.
b. Coral consists
of small anemone-like organisms belonging to Phylum Coelenterata which
secrete their own skeletons of various forms that may be hard, soft,
stony
or horny, and shall include the following:
1. Precious
coral.
Skeleton of anthozoan coelenterate characterized as having a rigid axis
of compact calcareous or horny spicules, belonging to the genus
Corallium
as represented by the red, pink and white corals.
2. Semi-precious
coral.
Skeleton of anthozoan coelenterate characterized by a thorny, horny
axis,
such as the Antipatharians as represented by the black corals.
3. Ordinary
coral.
All kinds of coral other than precious and semi-precious coral.
c. Exploration.
The
preliminary surveys and random sampling within a concession area.
d. Exploitation. The
actual
extraction, gathering and collection in accordance with acceptable
coral
development and conservation practices.
e. Utilization. All
operations
involved in the manufacture, processing or conversion of raw corals
into
finished products.
f. Conservation.
The
complete preservation or limited harvesting of coral resources in such
a way as not to adversely affect the sustained productivity of marine
ecosystems.
g. Concessionaire.
The person to whom a concession has been granted or awarded under the
provisions
of this Decree.
h. Finished
Products.
Processed and manufactured coral articles of trade and commerce in a
form
that may be immediately utilized by the end-user or consumer such as,
but
not limited to, jewelries or decorative articles.
Section 4
Implementing Agency
This Decree shall be
implemented
by the Bureau of Fisheries and Aquatic Resources, who shall have the
jurisdiction
and responsibility in the exploration, exploitation, utilization and
conservation
of coral resources.
Section 5
Ordinary Coral
The gathering, harvesting,
collecting, transporting, possession, sale and/or exporting of ordinary
corals either in raw or processed form in any quantity, is prohibited.
The use of corals as materials in buildings and other man-made
structures,
such as but not limited to piers, dams and dikes, is likewise
prohibited.
Section 6
Gratuitous Permit
The Minister of Natural
Resources may issue a gratuitous permit to duly established and
recognized
research and educational institutions to gather in limited quantities
any
coral for scientific or educational purposes only.
Section 7
(and Section 8, as
amended)
Special Permit
The Minister of Natural
Resources may issue a special permit to only one person/corporation for
a limited issue to conduct experimental collection of precious and
semi-precious
corals.
The applicant for a special
permit must be a Filipino citizen, or a corporation, at least seventy
(70)
per cent of the capital stock of which is owned or controlled by
Filipinos.
Vessels to be used for such
operations shall be of Philippine registry. Provided, That if foreign
vessels
are used, prior clearance from the government agencies concerned shall
first be obtained.
Section 9
Export of Precious
and
Semi-precious Coral
Exportation of precious
and semi-precious coral gathered is hereby prohibited, unless such
corals
are first processed and manufactured into finished products in the
Philippines.
Section 10
Rules and
Regulations
The Secretary of Natural
Resources shall promulgate the rules and regulations to implement
effectively
the provisions of this Decree.
Section 11
Penalties
Any person gathering
precious
or semi-precious corals without any permit shall, upon conviction, be
punished
by imprisonment of not less than sixty (60) days nor more than six (6)
years or a fine of not less than Six Thousand Pesos (P6,000.00), or
both,
at the discretion of the court. Provided, That the penalties herein
prescribed
shall be without prejudice to the confiscation by the government of the
corals illegally gathered together with the vessel, the gear and
paraphernalia
used therein. Confiscation shall also cover attempted illegal
exportation
of corals.
Section 12
Repealing Clause
All laws, executive
orders,
and regulations inconsistent with the provisions of this Decree are
hereby
repealed or modified accordingly.
Section 13
Transitory
Provisions
All possessors of existing
coral stocks gathered prior to the effectivity of this Decree are
required
to dispose all their existing stocks within fifteen (15) days from the
date of effectivity of this Decree.
Section 14
Effectivity
This Decree shall take
effect
upon its approval.
Approved:
October 14, 1977
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