WHEREAS,
fish is one of the major and cheapest sources of protein in the diet of
the Filipino people;chanroblesvirtualawlibrary
WHEREAS, 2.2 million Filipinos depend directly on the fishery industry
for their livelihood; chanroblesvirtualawlibrary
WHEREAS, the Philippines continues to import fish and fishery products
in substantial quantities because of the insufficiency of domestic
production;chanroblesvirtualawlibrary
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 out fishery
resources in productive condition through wise utilization and proper
conservation;chanroblesvirtualawlibrary
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. chanroblesvirtualawlibrary
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:cralaw:red
Section 1. Title. — This Decree shall be known as the
"Fisheries Decree of 1975."
CHAPTER I
Declaration of Policy Definition of Terms
Section 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 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. chanroblesvirtualawlibrary
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, license 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. Definition of Terms. — As used in this
Decree, the following terms are defined as follows:cralaw:red
a) Bureau — Means the Bureau of Fisheries and Aquatic
Resources.
b) 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.
c) Commercial fishing — Fishing for commercial
purposes in waters more than seven fathoms deep with the use of fishing
boats more than three gross tons.
d) 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.
e) 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.
f) 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. chanroblesvirtualawlibrary
g) 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.
h) 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.
i) Fish pen — means fish enclosure made of
closely-woven bamboo 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.
j) 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.
k) Fishery industry — Includes fish produces, fish
processors, fish traders, both wholesalers and retailers, and owners of
refrigerating and cold storage plants serving the industry.
l) 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.
m) 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.
n) 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 water control system.
o) Municipal and/or small-scale fishing — Fishing
utilizing fishing boats of the three gross tons or less, or using gear
not requiring the use of boats.
p) 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 parallel with
the general coastline and three nautical miles from such coastline.
Where two municipalities are so situated on the opposite shores that
there is less 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 fresh water 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. chanroblesvirtualawlibrary
q) Persons — Include juridical entities such as
associations, partnerships, cooperatives or corporations.
r) 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,
and 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 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.
s) 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.
t) Secretary — Means the Secretary of natural
Resources.
CHAPTER II
The Bureau of Fisheries and Aquatic Resources
Section 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. — The Bureau
shall be directly under the control and supervision of the Secretary of
Natural Resources.
Section 6. Review. — All actions decisions of the
Director of Fisheries and Aquatic Resources are subject to review, motu
proprio 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 the
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. — 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.
— 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 boats.
Section 9. Research and Demonstration Service. — The
Bureau shall conduct research and studies regarding fish and
fishery/aquatic products; establish fish hatcheries, nurseries and
demonstration fishponds; 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 disseminate the result of such research, studies and surveys.
Section 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, he closed.
Section 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. chanroblesvirtualawlibrary
CHAPTER III
The Fishery Industry Development Council
Section 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:cralaw:red
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 Chairman 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. chanroblesvirtualawlibrary
The Council shall adopt rules and regulations necessary to govern its
proceedings.
The Executive Officer shall charged with the duty of implementing the
policies and guidelines established by the Council.
Section 13. Function 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 o the fishery industry.
It shall collect data and information from member agencies and the
private sector for the formulation of policy guidelines.
Section 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 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. chanroblesvirtualawlibrary
Section 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:cralaw:red
1. 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; chanroblesvirtualawlibrary
2. Facilitate the grant of preferential rates in the
rediscounting of papers involving loans for the fishery industry; and
3. 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.
B. 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 thems
and objectives of this Decree.
C. The Department of Agriculture shall:cralaw:red
1. Undertake soil sampling and provide or help
provide fertilizers for fish farming purposes; and
2. 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.
D. The Department of Trade shall:cralaw:red
1. Plan and prepare such measures as may be necessary
to promote exports of fish and fishery/aquatic products; and chanroblesvirtualawlibrary
2. 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.
E. The Department of Public Works, Transportation and
Communications shall:cralaw:red
1. Upon request of the Council, undertake site survey
and investigation, draw plans for, and construct, infrastructure
facilities for the fishery industry; and
2. 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.
F. 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:cralaw:red
1. Assume the primary responsibility of accelerating
the development of the industry;chanroblesvirtualawlibrary
2. Conduct research and experiments in cooperation
with government agencies;chanroblesvirtualawlibrary
3. Allow implementing agencies of the government
access to such statistical data and information as would be necessary
in the formulation of sound policies; and
4. 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.
CHAPTER IV
Utilization and Exploitation of Fishery/Aquatic Resources
Section 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 or 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. chanroblesvirtualawlibrary
Section 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
license 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
Philippines 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 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 who 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. chanroblesvirtualawlibrary
Any provision of law to the contrary notwithstanding all finishing
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 Firstder duly certified by a government
physician.
Section 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 requirement 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. —
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. — 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. chanroblesvirtualawlibrary
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. Charter contracts, lease or
lease-purchase agreements and contracts for assistance. — Citizens 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 fishermen'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 foregoing 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 agreement and contacts for
financial, technical or other forms of assistance with any foreign
person, corporation or entity, shall be subject to the guidance
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. chanroblesvirtualawlibrary
Section 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. — Upon the effectivity of the 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. chanroblesvirtualawlibrary
Section 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:cralaw:red
1. The lease shall be for a period of twenty-five
(25) years, renewable for another twenty-five (25) years;chanroblesvirtualawlibrary
2. 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;chanroblesvirtualawlibrary
3. 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 or any
portion thereof or any public land under this Decree; and
4. No portion of the lease shall be sub-leased.
Section 25. Size of Fishponds. — The area of
fishponds leased under the preceding section shall not exceed the
following:cralaw:red
1. For individuals fifty hectares; and
2. 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. — 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. chanroblesvirtualawlibrary
Section 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 major 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. — 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 to and from the
area. Any constructions made in violation hereof shall be removed upon
order of the Secretary.
C. MUNICIPAL FISHERIES
Section 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: chanroblesvirtualawlibrary
(a) 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;chanroblesvirtualawlibrary
(b) 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 but in no case within sixty (60) meters of said corral. The
municipality or city council (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 matters as are reflected in such forms.
Section 30. Municipality 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, in land and/or municipal waters, shall be valid and enforceable
unless the Secretary, upon recommendation of the Director, approves the
same. chanroblesvirtualawlibrary
CHAPTER V
Reserve Fisheries and Fish Sanctuaries
Section 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 the 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. — 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 gardens, communal
forests and communal pastures are hereby declared fish refuges and
sanctuaries.
CHAPTER VI
Prohibition and Penalties
Section 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 (1), (m) and (d), respectively, of
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. chanroblesvirtualawlibrary
The discovery or dynamite, other explosives and chemical compounds
containing combustible elements, or obnoxious or poisonous substance,
or requirement 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 cause of
explosives, obnoxious or poisonous substance 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.
Section 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 cells 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. — 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. — It
shall be unlawful for any person to export "bangus" fry.
Section 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. — (a) For illegal fishing and
dealing in illegally caught fish or fishery/aquatic products. —
Violation of Section 33 hereof shall be punished as follows: chanroblesvirtualawlibrary
(1) By imprisonment from ten (10) to twelve (12)
years, if explosives are used: 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;chanroblesvirtualawlibrary
(2) 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;chanroblesvirtualawlibrary
(3) By imprisonment from two (2) to four (4) years,
if electricity is used; and
(4) By imprisonment from two (2) to six (6) years for
dealing in illegally caught fish or fishery/aquatic products.
(b) 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.
(c) Exportation of "bangus" fry. — Violation of
section 36 shall be punished by a fine of not less than one thousand
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. chanroblesvirtualawlibrary
(d) 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 thousand (P5,000.00) or 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. — 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. — 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. — 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 fines:cralaw:red
a) Vessels 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).
b) Vessels 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 produced 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.
c) 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 fishermen and for each month such fishermen is
employed. chanroblesvirtualawlibrary
d) 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.
e) 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).
g) 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).
h) 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.
i) 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
Section 41-A. The Fisheries Loan and Guarantee fund.
— There is hereby created the Fisheries Loan an 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 institution.
Section 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 of
financial institutions and rural banks dealing with medium and
long-term loans shall:cralaw:red
a) Grant loans for the development, rehabilitation
and maintenance of fishponds, fishpens and acquisitions of fishing
boats and fishing equipment;chanroblesvirtualawlibrary
b) Extend loan for production, handling, processing
and marketing, including the establishment and operation of
refrigerating plants and cold storage facilities;chanroblesvirtualawlibrary
c) 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. chanroblesvirtualawlibrary
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. — Municipal and/or small-scale fisherman 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. — 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 Fisherman 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. — 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 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. chanroblesvirtualawlibrary
Section 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. — 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 any funds in the National Treasury
not otherwise appropriated.
Section 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.
Section 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 circumstances should for any reason be held invalid, such
invalidity shall not affect the other provisions or application of this
Decree. chanroblesvirtualawlibrary
Section 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.
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