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PRESIDENTIAL DECREE NO. 1605-A

PRESIDENTIAL DECREE NO. 1605-A - DECLARING THE ENCLOSED COVES AND WATERS EMBRACED BY PUERTO GALERA BAY AND PROTECTED BY MEDIO ISLAND, AN ECOLOGICALLY THREATENED ZONE AND FORBIDDING THEREIN THE CONSTRUCTION OF MARINAS, HOTELS, RESTAURANTS OR ANY STRUCTURES ALONG ITS COASTLINE DRAINING INTO THE ENDANGERED ZONE AND CAUSING FURTHER POLLUTION; AND FURTHER FORBIDDING UNWARRANTED SHIP DOCKING, SHIP REPAIR EXCEPT IN DULURUAN, AND APPOINTING A SPECIAL COMMITTEE TO STUDY THE ECOLOGICALLY ENDANGERED ZONE'S REHABILITATION AND PRESERVATION

WHEREAS, the enclosed coves of Puerto Galera protected by Medio Island abound with spectacular scenic and underwater natural beauty; potential for aquatic sports; and regulated tourism (principally that of viewing marine life);

WHEREAS, these natural marine resources offer great potential and tremendous advantage: (1) as a source of sustenance to hundreds of fisherfolk during the rainy season, and (2) as an irreplaceable attraction in the backyard tourism directly benefiting the economic welfare of the people of Puerto Galera;

WHEREAS, the Puerto Galera enclosed coves require the concentrated efforts of both the government and private sectors in the realization of its true tourism value as a regulated venue for the recognition, learning and appreciation of the unique range of Philippine marine life within this zone's protected area;

WHEREAS, the enclosed coves of Puerto Galera serve as the natural shelter and nursery of exotic and game fish because of its spectacular corals, mangrove stands, and its naturally protected bay (by Medio Island);

WHEREAS, because of its delicate ecological balance, the enclosed coves of Puerto Galera are unable to withstand the pollution and devastating effects of barges, tugboats, motorboat traffic, and the ever increasing semi-permanent docking of large watercraft causing oil spills and sewage dumping;

WHEREAS, studies of the University of the Philippines Marine Biological Station show that given the above conditions, visually appreciable marine life will continue to disappear as it has virtually disappeared from Muelle Bay; and

WHEREAS, it is necessary to protect and preserve the marine resources of Puerto Galera from destruction;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree:

Section 1. Any provision of law to the contrary notwithstanding, the construction of marinas, hotels, restaurants, other commercial structures; commercial or semi-commercial wharfs; commercial docking within the enclosed coves of Puerto Galera; the destruction of its mangrove stands; the devastation of its corals and coastlines by large barges, motorboats, tugboat propellers, and any form of destruction by other human activities, are hereby prohibited.

Section 2. Any person who violates any of the provisions of this decree shall suffer a penalty of prision correccional and a fine ranging from P10,000.00 to P100,000.00: Provided, That if the offender is a corporation, firm, partnership or association, the penalty shall be imposed upon the guilty officer or officers (as the case may be; of the corporation, firm, partnership or association) and if such officer or officers are aliens, he or they shall be deported without further proceedings by the Commission on Immigration and Deportation.

Section 3. I hereby deputize the Philippine Constabulary, the University of the Philippines Marine Biology Wardens; and the Special Committee to be appointed, to apprehend, to board, to inspect, to report, or take any action to prevent further deterioration and exploitation of any of the unique features of Puerto Galera and its enclosed coves and I enjoin the following agencies to assist in the implementation of the above:

The Ministry of Human Settlements

The Ministry of Tourism

The Municipal Government of Puerto Galera

The Philippine Coast Guard

The Philippine Constabulary

The University of the Philippine Biological Station Wardens

Section 4. It is understood that normal docking may be enjoyed at Muelle Bay by watercraft owned wholly by Filipino residents of Puerto Galera, watercraft owned by Filipinos and registered at the Manila Yacht Club; watercraft owned by Foreigners but having all the following permits: 1) The Bureau of Immigration; 2) The Philippine Coast Guard; 3) The Manila Yacht Club; 4) U. P. Marine Biology Wardens clearance, duly registered by the Bureau of Immigration, the Coast Guard and the Manila Yacht Club.

Section 5. This Decree shall take effect immediately.

DONE in the City of Manila, this 21st day of November, in the year of Our Lord, nineteen hundred and eighty.

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