Revising And Consolidating All Laws And Decrees Affecting Fishing And Fisheries
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Revising And Consolidating All Laws And Decrees Affecting Fishing And Fisheries
Presidential Decree No. 704
May 16, 1974
Case Overview and Summary
Summary of the Fisheries Decree of 1975:Declaration of Policy and Definition of Terms (Sections 2-3)
- Accelerate and promote integrated development of fishery industry
- Keep fishery resources in optimum productive condition through conservation
- Promote organization, assistance, and integration of entities in the industry
- Encourage exportation of fish and fishery products
- Definitions of key terms like commercial fishing, municipal fishing, fishing gear, etc.
The Bureau of Fisheries and Aquatic Resources (Sections 4-11)
- Bureau has jurisdiction over fishery resources except municipal waters
- Prepare and implement Fishery Industry Development Program
- Promulgate rules and regulations for implementation
- Provide technical assistance, training, research, and demonstration services
- Determine and designate fish landing points
- New divisions created: Legal, Conservation and Enforcement, Extension, Utilization, Engineering, and Training
The Fishery Industry Development Council (Sections 12-15)
- Council created to formulate policies and guidelines for fishery management and development
- Chaired by Secretary of Natural Resources, with members from various government agencies and private sector
- Council to establish comprehensive policies and create healthy investment climate
- Council Secretariat to provide administrative support
- Roles of member agencies in financing, enforcement, agriculture, trade, infrastructure, and private sector participation
Utilization and Exploitation of Fishery Resources (Sections 16-30)
- License, lease or permit required for fishing activities (Section 16)
- Commercial fishing boat license and other licenses required (Section 17)
- Permit required for import/export of fish or fishery products (Section 18)
- Promotion of fish meal industry (Section 19)
- Eligibility criteria for commercial fishing boat license (Section 20)
- Allowance for charter contracts, leases, and assistance agreements with foreign entities (Section 21)
- Regulation of radio communication facilities on fishing boats (Section 22)
- Disposition of public lands for fishponds, conditions for leasing, and size limits (Sections 23-26)
- Licensing requirements for fish pens (Section 27)
- Prohibition on obstructing navigation (Section 28)
- Municipal councils may grant exclusive fishing privileges through bidding (Section 29)
- Approval of Secretary required for municipal concessions and leases (Section 30)
Reserve Fisheries and Fish Sanctuaries (Sections 31-32)
- Secretary may designate areas as fishery reservations for exclusive government use (Section 31)
- Secretary may establish fish refuges and sanctuaries (Section 32)
Prohibitions and Penalties (Sections 33-41)
- Illegal fishing methods prohibited: explosives, poisonous substances, electricity (Section 33)
- Prohibition on fine-mesh nets, with exceptions (Section 34)
- Trawl fishing prohibited in waters 7 fathoms deep or less (Section 35)
- Ban on exportation of "bangus" fry (Section 36)
- Prohibition on water pollution (Section 37)
- Penalties for various violations, including fines and imprisonment (Section 38)
- Seizure of foreign fishing boats engaged in illegal fishing (Section 39)
- Authorized personnel for enforcement (Section 40)
- Schedule of administrative fines for compromise of cases (Section 41)
General Provisions (Sections 41-51)
- Creation of Fisheries Loan and Guarantee Fund administered by Central Bank (Section 41)
- Loans to fishery industry by government banks and financial institutions (Section 42)
- Financing for municipal and small-scale fishing through cooperatives (Section 43)
- Establishment and operation of refrigerating and cold storage plants (Section 44)
- Exemption of fishermen from Blue Sunday Law and Eight-Hour Labor Law (Section 45)
- Auditor from Commission on Audit (Section 46)
- Fees and receipts automatically appropriated for Bureau purposes (Section 47)
- Appropriation of funds for Council and Loan Fund (Section 48)
- Repealing of inconsistent laws and decrees (Section 49)
- Separability clause (Section 50)
- Effectivity upon promulgation (Section 51)
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Law
Revising And Consolidating All Laws And Decrees Affecting Fishing And Fisheries
Presidential Decree No. 704
•May 16, 1974
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 704 May 16, 1974
REVISING AND CONSOLIDATING ALL LAWS AND DECREES AFFECTING FISHING AND FISHERIES
WHEREAS, fish is one of the major and cheapest sources of protein in the diet of the Filipino people;
WHEREAS, 2.2 million Filipinos depend directly on the fishery industry for their livelihood;
WHEREAS, the Philippines continues to import fish and fishery products in substantial quantities because of the insufficiency of domestic production;
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;
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...
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