Amending Presidential Decree No. 704, DatedMay 16, 1975, By Increasing The Penalties For Certain Forms Of Illegal Fishing, Dealing In Illegally Caught Fish Or Fishery/Aquatic Products, And

MALACAÑANG
M a n i l a

PRESIDENTIAL DECREE No. 1058 December 1, 1976

AMENDING PRESIDENTIAL DECREE NO. 704, DATED MAY 16, 1975, BY INCREASING THE PENALTIES FOR CERTAIN FORMS OF ILLEGAL FISHING, DEALING IN ILLEGALLY CAUGHT FISH OR FISHERY/AQUATIC PRODUCTS, AND FOR OTHER PURPOSES

WHEREAS, fish, fishery and other aquatic products constitute a cheap and major food resource for the Philippine population;

WHEREAS, there is a need to increase the penalties for certain acts prohibited by existing penal laws for a more effective protection of the nation's fish resources;

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:

Section 1. The first paragraph of Section 33 of Presidential Decree No. 704, dated May 16, 1975, is hereby modified to read as follows:

"Sec. 33. Illegal fishing; illegal possession of explosives intended for illegal fishing dealing in illegally caught fish or fishery/aquatic products. It shall be unlawful for...

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Summary of Presidential Decree No. 1058

Amending Presidential Decree No. 704 by Increasing Penalties for Illegal Fishing

- Prohibits catching, taking or gathering fish or aquatic products in Philippine waters using:
    - Explosives (Section 1, Section 33)
    - Obnoxious or poisonous substances (Section 1, Section 33)
    - Electricity (Section 1, Section 33)
- Mere possession of explosives intended for illegal fishing is punishable. (Section 1, Section 33)
- Exceptions:
    - Research, educational or scientific purposes allowed with approval (Section 1, Section 33)
    - Use of chemicals to eradicate predators in fishponds allowed (Section 1, Section 33)
    - Use of mechanical bombs to kill whales, crocodiles, sharks allowed with approval (Section 1, Section 33)

Penalties:

- Possession of explosives for illegal fishing:
    - 12 to 25 years imprisonment (Section 2, Section 38(a)(1))
- Using explosives for illegal fishing:
    - 20 years to life imprisonment (Section 2, Section 38(a)(1))
    - If physical injury results, 25 years to life imprisonment (Section 2, Section 38(a)(1))
    - If loss of human life results, life imprisonment to death (Section 2, Section 38(a)(1))
- Dealing in illegally caught fish or aquatic products:
    - 5 to 10 years imprisonment (Section 3, Section 38(a)(4))
- Trawl fishing violation:
    - 6 months to 6 years imprisonment (Section 4, Section 38(b))

- Military Tribunals have exclusive jurisdiction over cases involving illegal fishing by explosives, possession of explosives for illegal fishing, and trawl fishing. (Section 5)

- Effective 15 days after publication in two newspapers of general circulation. (Section 6)