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PRESIDENTIAL DECREE NO. 1015
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PRESIDENTIAL DECREE NO. 1015 -
AMENDING THE FIRST PARAGRAPH OF Section 17 AND Section 35 OF
PRESIDENTIAL DECREE NO. 704
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WHEREAS, it
is the policy of the state to uplift the economic condition of the
municipal and small-scale fishermen;chanroblesvirtualawlibrary
WHEREAS, to achieve this purpose in its imperative to provide them with
a wider area in the Philippine waters within which to operate their
fishing boats of three (3) gross tons or less; chanroblesvirtualawlibrary
WHEREAS, it is also our policy to conserve and maintain the ecology of
our marine environment; and
WHEREAS, it is, therefore, necessary to amend Sections 17 and 35 of
Presidential Decree No. 704;chanroblesvirtualawlibrary
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:cralaw:red
Section 1. The first paragraph of Section 17 of
Presidential Decree No. 704, is hereby amended to read as follows:cralaw:red
"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 fishermen: Provided, furthermore, That commercial
fishing boats shall be allowed to operate only in the Philippine waters
of 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, however, That the
President of the Philippines may, upon the recommendation of the
Secretary, ban the operation of commercial or other fishing gear in
waters within a distance of seven (7) kilometers (3.78 nautical miles)
from the shoreline if public interest so requires or if the ecology of
the marine resources may be impaired: Provided, finally, That the
Secretary may, upon the recommendation of the Director, establish a
closed season in any Philippine water if necessary for conservation or
ecological purposes."
Section 2. Section 35 of the same Presidential Decree
is hereby amended to read as follows:cralaw:red
"Sec. 35. Trawl fishing in waters seven (7) fathoms
deep or less. — Subject to the provisions of Section 17 hereof, no
person shall operate trawls in waters seven (7) fathoms deep or less:
Provided, 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: Provided, further, That the President of the Philippines
may, upon the recommendation of the Secretary, ban the operation of
trawls in waters within a distance of seven (7) kilometers (3.78
nautical miles) from the shoreline if public interest so requires."
Section 3. This Decree shall take effect immediately.
Done in the City of Manila,
this 22nd day of September, in the year of Our Lord, nineteen hundred
and seventy-six.
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