Providing For The Accelerated Development Of The Fishery Industry Of The Philippines

Case Overview and Summary

Summary of the Fishery Industry Development Decree of 1972

Declaration of Policy (Section 2):
- Accelerate integrated development of fishery resources
- Promote organization and assistance to industry stakeholders
- Achieve self-sufficiency in fish supply and diversify exports
- Provide financing, training, extension services, infrastructure

Definitions (Section 3):
- Defines terms like fishpond, fish products, fishing types, industry components

Fishery Industry Development Council (Section 4):
- Created to implement the policy and program
- Chaired by Secretary of Agriculture and Natural Resources
- Composed of government and private sector representatives

Council Powers and Functions (Section 5):
- Provide policy guidance and investment climate
- Promote cost reduction and quality improvement
- Promote infrastructure and facilities
- Encourage fishing fleet modernization
- Protect fish habitats from pollution
- Draw up financial program for the industry
- Devise insurance system for the industry

Implementing Agencies (Section 6):
- Department of Agriculture and Natural Resources:
- Coordinate activities for industry development (6.A.1)
- Transfer public lands for fishpond development to Bureau of Fisheries (6.A.2)

- Bureau of Fisheries:
- Research, advisory and executive arm of the Council (6.B)
- Issue rules, regulations, and enforcement for fish resources (6.B.2)
- Prescribe fees for fishing activities (6.B.3)
- Grant fishpond leases for 15-25 years (6.B.4)
- Grant concessions for aquatic product collection (6.B.5)
- Undertake fisheries training program (6.B.6)
- Register, document, inspect and license fishing vessels over 3 gross tons (6.B.7)
- Issue permits for fish imports and exports (6.B.8)
- Issue temporary permits for research and education (6.B.9)
- Issue fishermen's licenses for vessels over 3 gross tons (6.B.10)
- Appoint deputy fish wardens (6.B.11)
- Maintain fish production and resource data (6.B.12)
- Undertake applied fisheries research (6.B.13)
- Establish fishery districts and promote cooperatives (6.B.14)
- Promote small fishermen's associations and cooperatives (6.B.15)
- Determine and designate fish landing points (6.B.16)
- Inspect fish products for quality and standards (6.B.17)
- Promote fish meal industry development (6.B.18)

- Central Bank of the Philippines:
- Seek financing for the industry program (6.C)
- Grant preferential rediscounting rates for industry loans (6.C.2)
- Grant concessionary interest rates for industry development (6.C.3)

- Secretary of National Defense:
- Extend assistance in enforcing fishery laws and regulations (6.D)

- Private Sector:
- Assume primary responsibility for industry development (6.E.1)
- Conduct research and experiments (6.E.2)
- Provide statistical data to government (6.E.3)
- Participate in technical manpower training (6.E.4)

Technical Manpower Training (Section 7):
- Private sector and schools to coordinate with Bureau of Fisheries
- One semester on-the-job training required for fishery students
- ₱5 million yearly for training vessels and expenses

Filipino Predominance (Section 8):
- Only Filipino citizens and 60% Filipino-owned entities can engage in the industry

Role of Other Government Agencies (Section 9):
- Cooperate and extend assistance to the Council and implementing agencies

Fishery Industry Development Fund (Section 10):
- Established to finance industry development
- Constituted from fishpond lease rentals and fishing boat license fees
- Managed by Central Bank and utilized as per Council

Loans to the Industry (Section 11):
- Government banks to grant loans for fishpond development, fishing boats, production, processing, marketing
- Preferential rediscounting rates and concessionary interest rates
- Supervised credit scheme

Funding for Veteran Projects (Section 12):
- Philippine Veterans Bank to fund veteran projects, prioritizing family size fishponds

Disposition of Public Lands for Fishpond (Section 13):
- Existing leases not to be sold
- Undeveloped portions to revert to public domain after 2 years
- New leases subject to development timelines and area limits
- Exemption from lease rental for first 2 years

Family Size Fishpond Development (Section 14):
- Bureau to identify lands for family size fishponds
- Leased to landless families, fishery graduates, veterans
- ₱5,000 per hectare loan without collateral
- ₱30 million appropriated for first 2 years, ₱20 million for next 10 years

Auditor (Section 15):
- Auditor General as ex-officio auditor of Council and Bureau of Fisheries

Commercial Fisheries Provisions (Section 16):
- Study to encourage Filipinos in international waters
- Fishing vessel manning requirements
- Medical and safety requirements for fishing vessels
- Exemptions from Blue Sunday Law and Social Security Act
- Working hours and overtime for fishermen
- Radio transceiver operation by vessel crew

Municipal or Sustenance Fishing (Section 17):
- Cooperative members can avail of loans for bancas, engines, and gear

Penalties (Section 18):
- Violations subject to ₱5,000 fine or 5 years imprisonment, or both
- Administrative fines up to ₱1,000 or permit cancellation
- Impounding of vessels and gear used in illegal fishing
- Obstructing inspections subject to ₱2,000 fine or 2 years imprisonment, or both

Repealing Clause (Section 19)

Separability Clause (Section 20)

Effectivity (Section 21)