QuestionsQuestions (PRESIDENTIAL DECREE NO. 43)
To accelerate the integrated development of the country’s fishery resources by organizing and integrating the activities of persons, associations, cooperatives, and corporations engaged in the industry, with the aim of achieving self-sufficiency in fish supply and lowering fish prices for consumers. The State also provides financing, training, extension services, technical assistance, and infrastructure for production, storage, processing, transportation, marketing, and distribution.
“Fish” includes all fishes and other aquatic animals such as crustaceans and mollusks; “fishery products” includes all products of aquatic living resources in any form.
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 consisting of a nursery pond, transition pond, a rearing pond, and a water control system.
Commercial fishing is fishing for commercial purposes in waters more than seven fathoms deep using fishing boats of more than three gross tons. Municipal or sustenance fishing is small-scale fishing using boats of three gross tons or less or using gears not requiring boats.
An area of fishpond that permits sufficient use of labor and capital resources of a family and will produce income sufficient for a modest family standard of living plus payment of yearly installments and reasonable reserves to absorb income fluctuations.
It provides policy guidance and coordinates agencies; encourages cost reduction and quality improvement; promotes infrastructure; encourages modernization of the fishing fleet; protects fish habitats from pollution; draws up a comprehensive financial program with priorities; and devises a feasible insurance system. It also adopts within 90 days a Fishery Industry Development Program implemented by its constituent agencies.
Members include the Secretary of Agriculture and Natural Resources (Chairman), Director of Fisheries (Vice-Chairman and Executive Officer), Secretary of National Defense, Governor of the Central Bank, Development Bank of the Philippines Chairman, Philippine National Bank President, Board of Investments Chairman, and representatives of the largest nationwide bona fide organizations of fishpond operators and fishing associations. The Bureau of Fisheries is the research, advisory, and executive arm of the Council and the primary implementer of the Program.
To adopt a Fishery Industry Development Program, which shall be implemented by its constituent agencies.
In consultation with the Council and the Monetary Board, and pursuant to the cited legal authority, the President may enter into, make, perform, and carry out contracts necessary or incidental to realizing the Program with any private or public persons/firms/corporations, or initiate contracts/agreements between the Philippine Government and foreign governments or institutions.
It may issue instructions/orders/rules/regulations for development and conservation, including declaring close seasons for specified species or fishing gears covering defined Philippine territorial waters or portions, enforce them after publication, prescribe fees subject to Council approval, and manage related fisheries regulatory functions.
Public lands such as tidal swamps, mangrove and other swamps, marshes, ponds and streams (within public lands) not needed for forestry purposes are declared available for fishpond purposes and automatically transferred to the Bureau of Fisheries for administration and disposition, with portions to be set aside for fish propagation, sanctuary, conservation, and ecological purposes.
For unleased public lands: 50% must be developed and producing in commercial scale within three years, and the remaining portion within five years, both counted from execution of lease. Areas not developed/producing in commercial scale within five years automatically revert to the public domain. No portion may be subleased.
Individuals: maximum of 50 hectares based on productivity, distance to markets, and other technical factors. Corporations: 500 hectares, with at least 25% equity owned by persons other than members of one extended family; corporations engaged in canning may lease up to 1,000 hectares.
No portion of the leased area may be subleased. If the lessee fails to develop the remaining portion, undeveloped portions revert to the public domain for disposition by the Bureau; and the lessee failing to develop the remaining portion in certain circumstances cannot re-apply for reverted area or any public land under the Decree.
Only Philippine citizens and associations/corporations with at least 60% of capital owned/controlled by Filipino citizens may engage in any business activity relating to the fishery industry.
A fund held in trust by the Central Bank to finance development requirements of the industry. It is constituted from: (1) annual lease rental/permit fee per hectare of fishpond (schedule set by the Bureau with Council approval), (2) annual fee for commercial fishing boat licenses over three gross tons (schedule set by Bureau with Council approval), and (3) fish caught fee under Act No. 4036 is not imposed. Collections are remitted monthly to the Central Bank within 15 days.
Violations of rules/regulations promulgated under the Decree or any fishery law can lead to a fine not exceeding PHP 5,000 or imprisonment not exceeding five years, or both (at the court’s discretion). The Director may impose an administrative fine not exceeding PHP 1,000 and/or cancel permits/licenses. The Director or authorized representatives and law enforcement may impound vessels and certain implements pending termination of the criminal case; obstructing authorized inspection/movement can lead to a fine up to PHP 2,000 or imprisonment up to two years or both.