Law Summary
Definition of Terms
- Person: Natural or juridical entities.
- Coral: Organisms secreting skeletons, classified as precious, semi-precious, or ordinary.
- Precious coral: Calcareous or horny skeletons, e.g., red, pink, white corals.
- Semi-precious coral: Thorny, horny axis skeletons, e.g., black corals.
- Ordinary coral: All other types not classified as precious or semi-precious.
- Exploration: Preliminary surveys and random sampling.
- Exploitation: Actual extraction in accordance with conservation.
- Utilization: Processing raw corals to finished products.
- Conservation: Preservation or limited harvesting ensuring sustained marine productivity.
- Concessionaire: Holder of a concession granted under the Decree.
- Finished products: Processed coral items for direct consumer use.
Policy and Administration
- Mandates State policy to promote and regulate all coral resource activities protecting these as per existing laws.
- Implementation vested in the Secretary of Natural Resources.
Restrictions on Ordinary Coral
- Prohibits gathering, harvesting, collecting, and exporting of ordinary corals.
- Allows limited exceptions for certain species and areas upon Secretary's recommendation and conditions.
Special Permits
- Secretary may grant special permits for limited coral collection strictly for scientific or educational purposes.
Concession for Precious and Semi-Precious Corals
- Exploration, exploitation, utilization only allowed under official concession award.
- Concessionaires must be Filipino citizens/corporations with at least 70% Filipino ownership.
- Concessionaires may enter service contracts with foreigners but operations must comply with Philippine registry and government permits.
- Awarding based on technical and financial capability including establishing a local processing plant.
Export Regulations
- Export of precious and semi-precious corals prohibited unless processed into finished products locally prior to export.
Rulemaking and Enforcement
- Secretary of Natural Resources empowered to issue necessary rules and regulations for effective enforcement.
Penalties
- Illegal gathering of precious/semi-precious corals without concession: imprisonment from 60 days to 6 years and/or fine not less than P6,000.
- Violations involving ordinary corals or illegal exportation of corals: imprisonment from 30 days to 3 years and/or fine not less than P3,000.
- Confiscation of illegally gathered corals, vessels, gear, and paraphernalia, including attempts at illegal export.
Repeal and Transition
- Repeals inconsistent laws, executive orders, and regulations.
- Requires submission of sworn statement on existing coral stocks within one month of effectivity for verification by the Secretary.
Effectivity Clause
- The Decree takes effect immediately upon approval.