Key Definitions
- "Bureau": Bureau of Fisheries and Aquatic Resources.
- "Closed season": Period when fishing or use of specific gears/species is prohibited.
- "Commercial fishing": Fishing with boats over three gross tons in waters more than seven fathoms deep.
- "Electro fishing": Use of electricity to stun or kill fish.
- "Family-size fishpond": Fishpond efficiently supporting a family's livelihood.
- Definitions cover types of fish, fishing boats, fish corrals ("baclad"), fish pens, fishery, illegal fishing methods, and more.
- "Municipal waters": Extends to three nautical miles from the coastline, including freshwaters; municipal governance applies here.
Jurisdiction and Institutional Structure
- The Bureau has jurisdiction over fishery resources except municipal waters, which are under local governments except certain facilities.
- Bureau is supervised by the Secretary of Natural Resources.
- Actions by the Bureau Director are reviewable by the Secretary; Secretary's decisions are final except via certiorari.
- Secretary promulgates implementing rules and regulations.
- Bureau tasked with technical assistance, training, research, demonstrations, and designation of fish landing points.
- New specialized divisions created within the Bureau to effectively fulfill functions.
Fishery Industry Development Council
- Composed of key government secretaries, heads of banks, fisheries director, and private sector representatives.
- Formulates comprehensive policies on management, conservation, and utilization of fishery resources and investment climate.
- Coordinates data collection and establishes rules for fishery industry development.
- Secretariat provides administrative support.
- Member agencies have distinct roles such as financing (Central Bank), enforcement (Defense/Coast Guard), infrastructure (Public Works), export promotion (Trade), and research (Agriculture).
- Private sector cooperates with government for research, manpower training, and policy formulation.
Licensing, Permits, and Regulations on Fishery Activities
- No fishery operations in municipal waters without license, lease, or permit.
- Price regulation may be imposed on fish fry and fingerlings under special circumstances.
- Licensing required for commercial fishing boats, pearl fishing boats, and scientific fishing vessels.
- Philippine Coast Guard handles registration, inspection, and manning of fishing boats, ensuring seaworthiness.
- Export and import of fishery products require permits; export of "bangus" fry is banned.
- Promotion of fish meal industry encouraged to utilize fishery products and support animal industry.
Eligibility and Agreements for Commercial Fishing
- Commercial fishing licenses only issued to Filipino citizens or Filipino-controlled entities (at least 60% Filipino ownership).
- Restriction against transfer of fishing licenses to non-qualified persons.
- Foreign-assisted fishing operations allowed by contract subject to Filipino crew training and eventual replacement.
- Radio communication facilities on fishing boats regulated; operators may be authorized without licensing examination.
Inland and Municipal Fisheries Management
- Public lands for fishponds not for sale post-decree, only for lease.
- Lease terms: 25 years renewable for 25 more; development requirements; failure to develop leads to reversion.
- Fishpen construction and operation require licenses with area limits.
- No obstructions allowed that impede navigation or tide flows; such constructions are subject to removal.
- Municipal councils may grant exclusive fishery privileges like fish corrals or fry gathering, subject to Secretary's approval.
Reserved Fisheries and Sanctuaries
- The Secretary may designate fishery reservations for government or scientific use.
- Fish refuges and sanctuaries may be established and included in national parks and reserves.
Prohibitions and Penalties
- Illegal fishing includes use of explosives, electricity, obnoxious or poisonous substances except under government-sanctioned research conditions.
- Possession or dealing in illegally caught fish is prohibited.
- Ban on fine-mesh nets except for certain species.
- Prohibition on trawl fishing in waters seven fathoms deep or less.
- Strict ban on exportation of "bangus" fry.
- Pollution of waters by harmful substances is unlawful.
- Detailed penalties range from fines, imprisonment (up to death), and administrative sanctions.
- Enforcement empowered to seize illegal fishing vessels and equipment.
- Designated enforcement personnel include Philippine Coast Guard, police, and agencies authorized by the Secretary.
Compromise of Violations
- Compromise with administrative fines allowed for various violations with prescribed schedules.
- Specific fines for fishing in reserves, vessels without license, employing unlicensed fishermen, obstruction of fishery officers, failure to submit reports, and transfer of fishing boat ownership not reported.
Financial Support and Loans
- Creation of Fisheries Loan and Guarantee Fund administered by Central Bank.
- Government banks and institutions to provide loans for fishery development, fishponds, equipment, processing and marketing.
- Financing schemes extend to municipal and small-scale fishermen through cooperatives.
Refrigerating and Cold Storage Plants
- Establishment and operation by any qualified person or entity allowed, subject to Council guidelines and Secretary approval.
Other Provisions
- Fishermen exempted from Blue Sunday Law and Eight-Hour Labor Law.
- Commission on Audit acts as ex-officio auditor for fishery agencies.
- Fees and fines collected are appropriated for fishery conservation, development and operations.
- Appropriation authorized for the operation of the Fishery Industry Development Council and Loan Fund.
- Repeals inconsistent laws and includes separability clause.
- Decree effective immediately upon promulgation.