QuestionsQuestions (PRESIDENTIAL DECREE NO. 704)
To accelerate and promote the integrated development of the fishery industry and to keep fishery resources in optimum productive condition through proper conservation and protection.
The period during which fishing is prohibited in specified areas of Philippine waters, or during which catching/gathering specified species or using specified fishing gears is prohibited.
Fishing for commercial purposes in waters more than seven fathoms deep with fishing boats more than three gross tons.
Using electricity (from batteries/generators/other electric power sources) to kill, stupefy, disable, or render unconscious fish/aquatic products in fresh or salt water.
BFAR manages, conserves, develops, protects, utilizes, and disposes of all fishery and aquatic resources except municipal waters, which are under the concerned municipal/city government; however, fish pens and seaweed culture in municipal centers are under BFAR.
Decisions of the Director are subject to review by the Secretary (motu proprio or on appeal). The Secretary’s decision becomes final and executory after 30 days from receipt unless appealed to the President under EO 19 (s. 1966). Courts may review only through certiorari/prohibition.
Unless otherwise provided, they take effect 15 days after publication in the Official Gazette and/or in two newspapers of general circulation.
No person may do so without a license, lease, or permit issued for the activity.
A license is issued only to Philippine citizens or associations/corporations duly registered in the Philippines with at least 60% Filipino ownership; interests cannot be sold/transferred to non-qualified persons (void if done).
Commercial fishing boat license allows operation only in Philippine waters seven (7) or more fathoms deep, subject to conditions/rules. Baby trawls using boats of three 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.
No import or export of fish/aquatic products (adult/young, fry/fish eggs) is allowed without a permit and payment of inspection/other fees. Bangus fry export is totally banned.
Municipal/city councils may grant exclusive privileges and issue certain licenses for municipal waters through an ordinance duly approved by the Secretary; leases/concessions are not valid/enforceable unless approved by the Secretary.
The Secretary may designate fishery reservations for exclusive government/instrumentality use or for educational/research/scientific purposes; and may establish fish refuges and sanctuaries (including waters within game refuges, bird sanctuaries, national parks, botanical gardens, communal forests/pastures declared as fish refuges/sanctuaries).
Fishing/catching/gathering using explosives, obnoxious or poisonous substances, or electricity as defined in PD 704, subject to limited allowances for research/educational/scientific purposes under safeguards.
Explosives: 10–12 years, increased to 12–20 years if physical injury, or 20 years to life/death if loss of life. Obnoxious/poisonous: 8–10 years, increased to 10–12 years if physical injury, or 20 years to life/death if loss of life. Electricity: 2–4 years. Dealing in illegally caught fish: 2–6 years.
It is unlawful to operate trawls in waters seven fathoms deep or less; violation is punished by a fine not exceeding P1,000 or imprisonment not exceeding 1 year, or both.
Exportation of bangus fry is unlawful (totally banned). Violation: fine of not less than P1,000 nor more than P5,000, or imprisonment of not less than 1 year nor more than 5 years, or both.
Members of the Philippine Coast Guard, Philippine Constabulary, local police force, government law enforcement agencies, and other competent government employees designated in writing by the Secretary are deputies for enforcement.