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 fishing 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, in the New Society, there is a compelling need to bring fish
prices down to the lowest possible level in order to benefit the
lower-income groups in the society;chanroblesvirtualawlibrary
WHEREAS, the most effective method of bringing down fish prices is to
increase production of both marine and the inland fish;chanroblesvirtualawlibrary
WHEREAS, the vast fishery resources of the Philippines have remained
largely untapped due to unnecessary constraints brought about by law or
by regulations and by the failure to provide an integrated development
program and the appropriate incentives;chanroblesvirtualawlibrary
WHEREAS, there was pending before the Congress prior to the
promulgation of Proclamation No. 1081, dated September 21, 1092, a
proposed bill entitled "AN ACT TO ACCELERATE THE INTEGRATED DEVELOPMENT
OF THE PHILIPPINE FISHERY INDUSTRY AND FOR OTHER PURPOSES" designed to
develop the industry in all its aspects and which had been duly
certified by me as one of the priority measures needed for the national
economic program of the Government;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by
virtue of the powers vested in me by the constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, in order to effect the
desired changes and reforms in the social, economic and political
structure of our society; do hereby order and decree that the following
Fishery Industry Development Decree of 1972 be adopted and made part of
the law of the land;chanroblesvirtualawlibrary
Section 1. Title. — This Decree shall be known as the
Fishery Industry Development Decree of 1972.
Section 2. Declaration of Policy. — It is hereby
declared the policy of the State to accelerate the integrated
development of the fishery resources of the country. For this purpose,
the government shall promote, encourage, and hasten the organization
of, provide assistance to, and help integrate the activities of all
persons, associations, cooperatives and corporations engaged in the
industry so that the nation may achieve self-sufficiency in the supply
of fish and fishery products and to achieve said purposes, the fishing
industry shall be considered as a Board of Investments pioneer project.
It shall also encourage and promote the diversification of export
products and markets to enable the fishery industry to contribute
positively in the development and growth of the national economy. More
particularly, the government shall help provide financing, training,
extension services, technical assistance and infrastructures for
production, storage, processing, transportation, marketing and the
distribution of fish and fishery products.
Section 3. Definition of Terms. — As used in this
decree, the following terms are defined as follows:cralaw:red
(a) 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 at least consisting of a nursery pond, a
transition pond and a rearing pond and a water control system.
(b) Fish and Fishery 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) and fishery products include all products
of aquatic living resources in any form.
(c) Refrigerating and cold storage plants — Consist
of a set of refrigerating machineries housed in a building with cold
storage fish and other perishable commodities.
(d) Fishery industry — Consists of the production,
processing, preservation, marketing and distribution of fish and
fishery products.
(e) Commercial fishing — Fishing for commercial
purposes in waters of more than seven fathoms deep with the use of
fishing boats more than three gross tons.
(f) Municipal or sustenance fishing — Small scale
fishing utilizing fishing boats of three gross tons or less or using
gears not requiring the use of boats.
(g) Components of the fishery industry — Fish
producers, fish processors, fish traders both wholesalers and
retailers, and owners of refrigerating and cold storage plants serving
the industry.
(h) Economic family size fishpond — An area of
fishpond that permits the sufficient use of labor and capital resources
of a family and will produce an income sufficient to provide a modest
standard of living to meet a family's need for food, clothing, shelter,
health and education with allowance for payment of yearly installments
on the area, and reasonable reserves to absorb yearly fluctuations in
income.
(i) Commercial scale fishpond production — This
refers to production of fish in fully developed fishpond of not less
than 500 kilograms of production per hectare per year.
Section 4. Fishery Industry Development Council. — To
implement the foregoing 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 Agriculture and Natural
Resources Chairman
Director of Fisheries Vice-Chairman
and Executive Officer Secretary
of National Defense 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
And as a representative each to be recommended by the largest
nation-wide bona fide organizations of fishpond operators and fishing
associations, to be appointed by the President upon the recommendation
of the Secretary, Department of Agriculture and Natural Resources for a
term of two years.
Within thirty days after the approval of this Decree, the President of
the Philippines shall constitute the Council. The Council shall meet
regularly on the first Monday of each month: Provided, That the
Chairman may convene the Council in special meetings to consider urgent
matters, if any of the members shall not be able to attend the regular
and special meetings of the Council, he shall send a duly authorized
representative to exercise his powers and perform his functions.
The council shall adopt the rules and regulations necessary to govern
its proceedings and determine its official location and address.
Section 5. Powers and functions of the Council. — The
Fishery Industry Development Council shall have the following
functions, powers and duties:cralaw:red
1. To provide comprehensive policy guidance and
create a healthy investment climate for the development of the industry
in all its aspects, and delineate and coordinate the various activities
of the participating agencies of the industry;chanroblesvirtualawlibrary
2. To encourage persons, associations, cooperatives
and corporations engaged or who will engage in the production, storage,
processing, marketing and distribution phases of the industry to adopt
such systems and practices which will reduce costs and improve the
quality of fish and fishery products in order to bring about fair
returns to producers and reasonable prices for the benefit of the
consumers; chanroblesvirtualawlibrary
3. To promote the establishment of infrastructure and
other physical facilities geared towards the development of the fishing
industry;chanroblesvirtualawlibrary
4. To encourage the improvement and modernization of
the fishing fleet of the country and the expansion of its operation;chanroblesvirtualawlibrary
5. To provide guidelines at protecting fish habitats,
marine parks, and other fishery resources from pollution;chanroblesvirtualawlibrary
6. To draw up a comprehensive financial program for
the industry indicating therein the sources, either domestic or
foreign, allocating the funds thereof under a system of priority;chanroblesvirtualawlibrary
7. To devise a feasible system of insurance which
will meet the needs of the industry.
The Council shall, within ninety days after it has been constituted,
adopt a Fishery Industry Development Program, hereinafter referred to
as the "Program", which shall be implemented by its constituent
agencies.
In this regard, the President of the Philippines in consultation with
the Council and Monetary Board, may under Republic Act Numbered
Sixty-one hundred and forty-two, enter into, make, perform and carry
out contracts of every class and description necessary or incidental to
the realization of the objectives of the Program with any person, firm
or corporation, private or public, or initiate contracts and/or
agreements in behalf of the industry between the Philippine Government
and foreign governments or institutions.
Section 6. Implementing Agencies. — The agencies
represented in the Council shall, in accordance with the Fishery
Industry Development Program adopted by the Council, have the following
functions, powers and duties under this Decree:cralaw:red
A. The Department of Agriculture and Natural
Resources shall:cralaw:red
1. Direct and coordinate the activities of its
component agencies in accelerating the development of the industry;chanroblesvirtualawlibrary
2. Direct and facilitate the orderly, systematic and
expeditious transfer of the jurisdiction of public lands available for
fishpond development to the Bureau of Fisheries upon the effectivity of
this Decree. For this purpose, all public lands, such as tidal swamps,
mangrove and other swamps, marshes, ponds and streams within public
lands, including public lands left dry during the lowest low tide and
covered by water during the highest tide; and which are not needed for
forestry purposes are hereby declared available for fishpond purposes
and automatically transferred to the Bureau of Fisheries for its
administration and disposition; Provided, That the Bureau of Fisheries
shall set aside portions of such public lands for fish propagation,
fish sanctuary, conservation and ecological purposes: And provided,
That certain tidal swamps, mangrove and other swamps, marshes, ponds,
streams within public lands, used or utilized by fishery schools and
colleges be set aside for their use; and
3. Undertake such other measures as may be necessary
to efficiently carry out the fishery industry development program.
B. The Bureau of Fisheries shall be the research,
advisory and executive arm of the Council and as such shall have the
primary and direct responsibility for implementing the Program as
approved by the Council with the active cooperation of, and in
coordination with other participating agencies. It shall:cralaw:red
1. Exercise the powers, duties, and function under
Republic Act Numbered Thirty-five hundred and twelve, not inconsistent
with the provisions herein stated for the attainment of policy,
objectives and purposes of this Decree;chanroblesvirtualawlibrary
2. Issue or promulgate and execute instructions,
orders, rules and regulations for the development, improvement,
management and/or conservation of fish and fishery resources, declare
and/or establish and enforce for a specified time of the year a close
season for the catching and selling of a specified species of fish or
the operation of a specified fishing gear covering the entire
Philippine territorial waters or any portion thereof that shall be
specifically defined, subject to the approval of the Council. Such
instructions, rule or regulation, declaration and/or establishment
shall take effect fifteen (15) days after its publication in the
Official Gazette and two newspapers of general circulation;chanroblesvirtualawlibrary
3. Prescribe fees for the gathering, taking,
culturing and processing of fish and other fishery product, permit,
license or concession fees, fees for the importation or exportation of
aquatic products and other fees for the grant of fishery privileges,
subject to the approval of the Council;chanroblesvirtualawlibrary
4. Grant or execute leases, subject to the approval
of the Council, entitling the holders thereof to develop a definite
tract of public land to be devoted exclusively for fishpond purposes
for a period of fifteen (15) to twenty-five (25) years, subject to
renewal for an equal or longer period;chanroblesvirtualawlibrary
5. Grant concession for collecting or gathering of
marine mollusks or their shells, sponges, seaweeds and other aquatic
products in any of the territorial waters of the Philippines;chanroblesvirtualawlibrary
6. Undertake a fisheries training program and
coordinate with and provide assistance to fishery educational
institutions in their research and instructional activities to provide
the fishery industry with technically competent manpower: Provided,
That the fishery educational institution shall devise and adopt a
standard "core" curriculummed at the training of vocational level of
fishery technicians;chanroblesvirtualawlibrary
7. Perform all powers, functions and duties over
fishing vessels of more than three (3) gross tons regarding the
registration, documentation, inspections and licensing of said vessels
for the purpose of fishing operations: Provided, That the license
granted shall allow the licensee to operate only in Philippine waters
of more than seven (7) 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 Director of Fisheries with the approval of
the Council, notwithstanding the provisions of law to the contrary:
Provided, further, That the Bureau of Fisheries after a thorough and
careful study is hereby empowered to declare an open and close season
for the operation of baby trawls in areas seven fathoms deep or less:
Provided, furthermore, That operations of baby trawls using fishing
boats of three (3) gross tons or less may operate in areas four (4)
fathoms deep or more subject to the approval of the Council herein
created, may declare, an open and close season for their operations;chanroblesvirtualawlibrary
Notwithstanding the provision of any law to the contrary, a fishing
vessel may be accepted for registration, documentation and licensing
purposes by the Bureau of Fisheries, upon inspection and verification
by the naval architect and marine engineer of the said Bureau that the
fishing vessel is seaworthy and fit for operations;chanroblesvirtualawlibrary
8. Issue permits for the importation into and
exportation from the Philippines of any fish or fishery products,
mollusks, crustaceans, other aquatic animal, adult, young, fry or fish
eggs for propagation or for other purposes, subject to the approval of
the Council: Provided, that the exportation of fry or fish eggs shall
be allowed only after the requirements of the industry are met;chanroblesvirtualawlibrary
9. Issue for scientific research and educational
purposes, temporary permits to any person, association or corporation
to operate fishing vessels for a period not exceeding six months on the
basis of rules and regulations approved by the Council;chanroblesvirtualawlibrary
10. Issue fishermen's license in connection with the
operation of a fishing vessel of more than three (3) gross tons on the
basis of rules and regulations approved by the Council;chanroblesvirtualawlibrary
11. Designate in writing, as Deputy Fish Warden,
competent public officials and/or private reputable persons engaged in
the fishery industry, with full power, and authority to enforce all
fishery laws, rules or regulations and to arrest offenders against the
same: Provided, That the Director shall prescribe the qualifications of
persons to be appointed, subject to the approval of the Council;chanroblesvirtualawlibrary
12. Maintain a system of regularly obtaining and
disseminating accurate data and statistics on fish production,
distribution, utilization and fishery resources of the country and
other useful information relating to the industry;chanroblesvirtualawlibrary
13. Undertake applied fisheries researched at
increasing the efficiency and effectiveness of the methods and
techniques of production and utilization of fish and fishery products
and the utilization of different fertilizers for fishponds;chanroblesvirtualawlibrary
14. Designate and set the boundaries of Fishery
Districts and submit to the Council, a program within one (1) year
after the passage of this Act for the Organization of District Fishery
Corporations or Cooperatives to be composed of the various components
of the industry in each district which shall engage in the buying,
processing, storing and marketing of fish and fishery products. To
serve this purpose, the Bureau shall promote in each of the Fishery
Districts to be established under this Act, the establishment of
adequate refrigerating plants for ice making, storage and
quick-freezing to be owned preferably by the District Fishery
Corporation or Cooperatives: Provided, That the refrigerating and cold
storage plants belonging to the Bureau shall be sold to the District
Fishery Corporations or Cooperatives under such terms and conditions
promulgated by the Bureau, subject to the approval of the Council:
Provided, further, That ice-making, cold storage and quick-freezing
facilities may be established by any person, corporation or cooperative
in any part or municipal franchise, notwithstanding the provisions of
the law to the contrary.
The Development Bank of the Philippines is hereby authorized to convert
its outstanding and collectible loans to the fishery industry in the
District into equity shares of stock in these District Fishery
Corporations or Cooperatives as these loans are paid: Provided,
however, That such shares of the Bank shall be sold to the private
sector at its option in the following order of priority: municipal
fisheries operator or small fishermen, fish retailers, fishery
cooperatives, fishpond operators and deep-sea fishing operators;chanroblesvirtualawlibrary
15. Promote the organization of small fishermen's
associations and cooperatives in cooperation with existing government
cooperative agencies, and the nationwide federation of these
organizations;chanroblesvirtualawlibrary
16. Determine and designate fish landing points in
appropriate places throughout the Philippines and require the landing
of all commercial fishing vessels at these designated places: Provided,
That all landing points established prior to the approval of this Act
shall be considered authorized fish landing points;chanroblesvirtualawlibrary
17. Conduct and supervise the inspection of fish and
fishery products for export, imports and those produced and consumed
locally, for quality and compliance with fishery and other pertinent
laws. For this purpose, the Bureau shall establish within one (1) year
after the approval of this Act quality grades and standards to conform
to world standards as much as possible, subject to the approval of the
Council; and
18. Promote the development of a viable fish meal
industry in the country within two (2) years after the promulgation of
this Decree in order to maximize the utilization of fish and fishery
products and to complement the development of the animal industry. For
this purpose, the Bureau shall, subject to the approval of the Council,
recommend to the Central Bank the gradual reduction of fish meal
imports to induce the development of the local fish meal industry;chanroblesvirtualawlibrary
In order to enable the Bureau of Fisheries, as the executive arm of the
Council, to efficiently implement the Fishery Industry Development
Program and carry out its other functions under this Decree, its
organizational set-up is hereby strengthened. The Director shall be
assisted by an Assistant Director for Administration, Information and
regulations as Assistant Director for Research and Development. To be
more responsive to the needs of, and effectively carry out the purposes
and objectives of this Decree, there are hereby created the
Administrative Division; Licenses and Protection Division; Fishery
Economics and Information Division; Fishery Research Division; Fish
Propagation Division; and Technological Division. In addition, a
Planning and Management Staff and other organizational units as
provided for in the Integrated Reorganization Plan, are created:
Provided, That the aforementioned organizational units shall be staffed
by the Director from qualified personnel of the Bureau as first
priority, and he shall include proposals for additional necessary
personnel therefor in its appropriation for the immediate succeeding
year.
C. 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 Fishery Industry Development
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 provision of
credit to persons, associations, cooperatives, corporations engaged in
the fishery industry;chanroblesvirtualawlibrary
2. Grant preferential rates in the rediscounting of
papers involving loans for the fishery industry; and chanroblesvirtualawlibrary
3. Grant concessionary rate of interest on loans for
the development of fishery industry upon certification by the Director
of Fisheries;chanroblesvirtualawlibrary
D. The Secretary of National Defense shall extend all
assistance including personnel and equipment as may be necessary in the
enforcement of fishery laws and regulations and in the attainment of
their objectives embodied in this decree.
E. The private sector of the fishery industry shall
direct their collective efforts towards a more active cooperation and
coordination with government agencies. 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 technical manpower
training by giving on-the-job training opportunities to fisheries
apprentices, trainees and volunteers.
Section 7. Technical Manpower Training. — The private
sector and/or fishery schools and colleges shall coordinate with the
Bureau of Fisheries and other government agencies on the training of
fishery technicians including volunteers by giving on-the-job training:
Provided, That for fishery students in schools and colleges, one
semester on-the-job training will be a requisite for graduation.
The amount of five million pesos shall be set aside yearly from the
Fishery Industry Development Fund for the acquisition of fishing
vessels and/or other training paraphernalia and for operational
expenses for the training to be conducted by the Bureau of Fisheries.
Section 8. Filipino Predominance in Fishery Industry.
— Upon approval of this Decree, only citizens of the Philippines and
associations or corporations at least sixty per cent of the capital of
which is owned or controlled by citizens of the Philippines may engage
in any business activity relating to the fishery industry.
Section 9. Role of Other Government Agencies. — All
departments, authorities, commissions, bureaus, agencies, offices, of
the National Government, government-owned or controlled corporations
and entities, and local governments not directly involved as
participating agencies of the Fishery Industry Development Program
shall cooperate with the Council and the agencies under it in the
implementation of the provisions of this Decree. For this purpose, they
are hereby authorized and directed to extend assistance, technical
guidance and provide facilities to the Council and the implementing
agencies under this Decree, subject only to limitations of their
respective charters resources.
Section 10. Fishery Industry Development Fund. — To
carry out the provisions of this Decree, there is hereby established a
Fishery Industry Development Fund, hereinafter referred to as Fund, to
finance the development of the industry. It shall be held in trust by
the Central Bank of the Philippines and shall be constituted in the
manner and from the sources hereinafter provided.
A. An annual lease rental and/or permit fee per
hectare of fishpond shall be collected based on a schedule to be
prescribed by the Bureau of Fisheries with the approval of the
Council. chanroblesvirtualawlibrary
B. An annual fee for commercial fishing boat license
on fishing vessels of more than three(3) gross tons shall be collected
based on a schedule to be prescribed by the Bureau of Fisheries with
the approval of the Council and the fish caught fee as prescribed in
Act Numbered Four thousand three as amended shall not be imposed.
Public officials of all agencies charged with the function of
collecting the revenues, proceeds, rentals, charges, duties and fees
under this section are hereby directed to remit directly to the Central
bank any and all monthly collections thereof within fifteen (15) days
of every succeeding month.
The Central Bank as the trustee of the Fund is hereby authorized to
invest the Fund and proceeds thereof shall form part of the Fund.
The Fund shall be utilized for financing the requirements of the
fishery industry: Provided, That the disposition, allocation and
utilization of the Fund for the purposes envisioned in this Decree
shall be the exclusive prerogative of the Council.
Section 11. Loans to the Fishery Industry. — Upon
approval of the Fishery Industry Development Program, the Development
Bank of the Philippines, the Philippine National Bank, rural banks and
Veterans Bank and other government-owned or controlled lending or
banking institution concerned shall make available loans to eligible
borrowers as are provided in their respective charters and all articles
of incorporations and by-laws, and policies of the Central Bank of the
Philippines: Provided, That:cralaw:red
1. It shall be mandatory for the Development Bank of
the Philippines, the Philippine National Bank, rural banks and Veterans
Bank and other government-owned or controlled lending institutions
dealing with medium and long-term lending to:cralaw:red
a. Grant loans for the development of fishponds and
the acquisition of fishing boats including fishing paraphernalia;chanroblesvirtualawlibrary
b. To extend loans for production, handling,
refrigerating plants and cold storage, processing and marketing;chanroblesvirtualawlibrary
c. Grant loans to leaseholders of public lands for
development of fishponds: Provided, however, That the term of the lease
contract shall be longer than the period of repayment of the loan:
Provided, finally, That holders of ordinary fishpond permits who have
additional collaterals to offer may be granted loans at the discretion
of the bank management and/or lending institution; and
d. To give preferential loans at concessionary rates
of interest given to any borrower during a given period to be set by
the Council, except for special rates of interest granted by GSIS and
SSS to its members, for the development of fish and fishery products.
For this purpose, eligible papers shall be given preference in the
rediscounting policy of the Central Bank of the Philippines and that
the rediscounting rate shall be the lowest preferential rate extended
to private banks and the Development Bank of the Philippines, the
Philippine National Bank, rural banks and Veterans Bank and other
government owned or controlled lending or banking institutions.
All loans under this Program shall be extended under supervised credit
as prescribed under Republic Act Numbered Sixty-three and ninety or
under project supervision.
Section 12. Funding for projects of veterans in
Fishery Industry Development. — All projects of veterans and their
qualified heirs within the purview of the Fishery Industry Development
Program shall funded by the Philippine Veterans Bank: Provided, That
projects involving family size fishponds shall be given priority in
financing by the Philippine Veterans Bank.
Section 13. Disposition of Public Lands for Fishpond.
— Public lands already covered by lease agreements prior to the
effectivity of this Decree shall not be sold.
Within two years after the effectivity of this Decree the areas leased
should be fully developed and producing in commercial scale. Any
remaining undeveloped portion shall automatically revert to the public
domain for disposition by the Bureau of Fisheries: Provided, That the
lessee failing to develop the remaining portion of his leased area
shall not be permitted to re-apply for the reverted area or any public
land under this Decree.
Public lands available for fishpond development and not yet leased
prior to the effectivity of this Decree, including those earmarked for
development as family size fishponds, shall be leased only to qualified
persons, associations, cooperatives or corporations, subject to the
following conditions:cralaw:red
1. Fifty per cent of the area leased shall be
developed and producing in commercial scale within three years and the
remaining portion of the leased area shall be developed and producing
in commercial scale within five years, both periods to begin from the
execution of the lease contract;chanroblesvirtualawlibrary
2. All areas not developed and not producing in
commercial scale within five years from the date of execution of the
lease contract shall automatically revert to the public domain for
disposition by the Bureau of Fisheries; and
3. No portion of the leased area may be
subleased. chanroblesvirtualawlibrary
Under this decree, the area of fishpond lease holdings shall be limited
as follows:cralaw:red
1. For individuals — a maximum of fifty hectares
based on productivity, distance to markets and other technical factors;
and
2. For corporations — five hundred hectares:
Provided, That at least twenty-five per centum of the equity shall be
owned by persons other than the members of one extended family:
Provided, further, That corporations engaged in canning of fish and
by-product utilization may lease one thousand hectares.
All public lands leased after the effectivity of this Decree shall be
exempted from the annual lease rental provided in
Paragraph A of Section eleven of this Decree for the first two years
from the date of execution of the lease contract.
Section 14. Construction and Development of Family
Size Fishpond. — For the purpose of accelerating the development of
fishponds, the Bureau, subject to the approval of the Council, shall
identify public lands which shall be subdivided into economic family
size fishponds.
The area of a family size fishpond shall be determined by the Council
with due consideration to the fertility of the land: Provided, That
such fishponds shall be leased only according to the priority herein
provided:cralaw:red
1. Landless and poor families living in the vicinity,
town and province wherein the fishponds are located;chanroblesvirtualawlibrary
2. Qualified graduates of fisheries schools; and
3. Landless veterans.
Persons in the above categories with at least one year experience in
fishpond operation shall be given preference. All beneficiaries of
family size fishponds shall form a selda, cooperative or association
for the efficient management of the operations of the area. Each
beneficiary shall be given a loan equivalent to P5,000.00 per hectare
without collateral under a Supervised Credit Scheme and under terms and
conditions to be prescribed by the Council.
For the above purpose, the sum of thirty million pesos is hereby
appropriated, out of any funds in the National Treasury not otherwise
appropriated, for each of the first two fiscal years after passage of
this Decree and twenty million pesos every year for ten years
thereafter to finance the construction and development of family size
fishponds.
Section 15. Auditor. — The Auditor General shall be
the ex-officio auditor of the Fisheries Industry Development Council
and the Bureau of Fisheries. The provisions of Sec. 584 of the Revised
Administrative Code, as amended by Republic Act 2266 shall, except as
hereinafter provided, apply to the office of the representative of the
Auditor General in the Council and the Bureau. The necessary
appropriations to cover the expenses for the maintenance and operation
of the office of said representative shall be paid out of the income of
the Bureau of Fisheries under the receipts automatically appropriated
fund and/or any other income accruing from funds provided in this
Decree.
Section 16. General Provisions Relating to Commercial
Fisheries. — To encourage and promote fishing in international waters,
the Bureau is directed to make a study and a proposal to the Council,
within the first year after the effectivity of this Decree, on the
measures to be undertaken to encourage Filipinos to operate fishing
boats in international waters.
Every vessel of Philippine registry of not less than ten gross tons not
more than five hundred gross tons, which is operated exclusively as a
fishing vessel for catching and transporting fish in the territorial
waters of the Philippines, shall be required to carry only one licensed
navigator and one licensed engineer regardless of grade or rank to man
such fishing vessel.
Any provision of law to the contrary notwithstanding, any fishing
vessel shall be provided with adequate medical supplies and lifeboats
to be determined by the Bureau of Fisheries; and any fishing vessel of
not less than twenty (20) gross tons shall have in its employ a
registered nurse or a person qualified as a certified by a government
physician.
The provision of any law to the contrary notwithstanding, fishermen on
board fishing vessels engaged in fishing operations are hereby exempted
from the provision of the Blue Sunday Law.
Membership under the Social Security Act shall be optional for
fisherman but shall be compulsory for other employees of the industry
who are permanently employed.
The total number of working hours of a fisherman and employee on board
a fishing vessel, whether continuous or broken, shall not exceed eight
hours a day: Provided, That work rendered in excess thereof shall be
treated as overtime. The responsibility of keeping a record of overtime
services rendered shall devolve upon the navigator of the vessel.
The skipper or any employee on board a fishing vessel capable of
operating radio transceivers of not more than three hundred watts shall
be authorized by the Radio Control Board to operate such transceivers
during fishing operations without the necessity of taking the
prescribed examinations pursuant to the radio laws and regulations of
the Philippines: Provided, That no franchise shall be required and in
lieu thereof the Radio Control Board shall issue a permit to all
applicant of radio transceivers of not more than three hundred watts.
Section 17. Municipal or Sustenance Fishing. —
Municipal or sustenance fisherman who are members of a cooperative may
avail of financing from the Agricultural Guarantee Loan Fund
administered by the Central Bank/Rural Banks or from other sources
under a supervised credit scheme. Such loan may cover the acquisition
and/or repair of bancas, engines and fishing paraphernalia.
Section 18. Penalties. — Any violation of any rule or
regulations promulgated by virtue of this Decree or any fishery law,
rules and regulations shall subject the offender to a fine of not more
than five thousand pesos or imprisonment of not more than five years or
both in the discretion of the Court: Provided, That the Director of
Fisheries is hereby empowered to impose an administrative fine of not
more than one thousand pesos or the cancellation of the permit or
license as the case may be or both such fine and cancellation at the
discretion of the Director of Fisheries, upon any person, partnership
or corporation who shall violate any rule or regulation promulgated by
virtue of this Decree: Provided, further, That the Director, or his
duly authorized representative and law enforcement agents are hereby
empowered to impound the fishing vessel or boat including the dynamite
and blasting caps and other explosives, tackle, apparel, furniture, 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 products when such inspection and/or movement is
authorized under this Decree shall subject to a fine of not more than
two thousand pesos (P2,000.00) or imprisonment of not more than two
years or both at the discretion of the Court. chanroblesvirtualawlibrary
Section 19. Repealing Clause. — All Acts, parts of
Acts, executive orders and regulations inconsistent with the provisions
of this Decree are hereby repealed or modified accordingly.
Section 20. 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 or
unconstitutional, such validity or unconstitutionality shall not affect
the other provisions or application of this Decree which can be given
force and effect.
Section 21. Effectivity. — This Decree shall take
effect upon its approval.
Done in the City of Manila,
this 9th day of November, in the year of Our Lord, nineteen hundred and
seventy-two.
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