Law Summary
Key Definitions
- Fully developed fishpond: leveled, dike-enclosed ponds with nursery, transition, rearing ponds and water control
- Fish and fishery products: fish and aquatic animals including crustaceans, mollusks, shellfish, in all forms
- Refrigerating and cold storage plants: facilities for ice making, freezing, and storing fish
- Fishery industry: encompasses production, processing, preservation, marketing, and distribution
- Commercial fishing: fishing in waters deeper than seven fathoms using boats over three gross tons
- Municipal/sustenance fishing: small scale fishing using boats three gross tons or less or gears not requiring boats
- Economic family size fishpond: sufficient size to sustain family income and basic needs
- Commercial scale fishpond: production not less than 500 kg per hectare annually
Establishment and Composition of the Fishery Industry Development Council
- Council created to implement policy, composed of government officials from Agriculture, National Defense, banking, and representatives from fishpond and fishing associations
- Meets monthly with special meetings as needed
- Adopts procedural rules and determines official location
Powers and Functions of the Council
- Provides policy guidance and coordinates fishery development activities
- Encourages cost reduction and quality improvement
- Promotes infrastructure and modernization of fishing fleet
- Protects fish habitats and marine parks from pollution
- Develops financial programs and insurance systems
- Adopts and implements Fishery Industry Development Program within 90 days of constitution
- Authorized to enter contracts necessary to achieve program objectives
Roles and Responsibilities of Implementing Agencies
- Department of Agriculture and Natural Resources: directs fishery development, manages transfer of public lands for fishponds
- Bureau of Fisheries: executes program, issues regulations, licenses fishing vessels, grants leases and concessions, promotes training and research, manages fishery districts and cooperatives, conducts inspections and quality control, establishes fishmeal industry
- Development Bank of the Philippines: finances fishery corporations and cooperatives
- Central Bank: coordinates credit policies, grants preferential rediscounting and interest rates
- Secretary of National Defense: provides enforcement assistance
- Private Sector: responsible for accelerating development, research cooperation, data sharing, and technical manpower training
Technical Manpower Training
- Fishery schools coordinate with Bureau of Fisheries for training technicians and volunteers
- One semester on-the-job training required for fishery students
- Annual appropriations dedicated to training vessels and operational expenses
Filipino Predominance
- Only Philippine citizens or corporations with at least 60% Filipino ownership may engage in fishery business activities
Cooperation of Other Government Agencies
- All government entities and local governments must assist and provide technical support to Council and implementing agencies
Fishery Industry Development Fund
- Established fund, held in trust by Central Bank, financed by lease rentals, permits, and fees related to fishponds and commercial fishing boats
- Fund proceeds invested and used exclusively for fishery industry development upon Council's allocation
Loans and Financing for Fishery Industry
- Banks mandated to provide loans for fishpond construction, fishing boats, production, processing and marketing
- Loans extended under supervised credit
- Veterans' fishery projects given priority financing by Philippine Veterans Bank
Public Lands for Fishpond Development
- Existing lease agreements maintained; undeveloped areas revert to public domain
- New leases subject to development conditions and size limits (individuals max 50 hectares; corporations max 500 hectares; certain canneries max 1000 hectares)
- No subleasing allowed
- Two-year exemption from lease rental for new leases
Family Size Fishpond Program
- Public lands subdivided into family size fishponds for landless poor families, fisheries graduates, and veterans
- Loans of P5,000 per hectare provided without collateral
- Beneficiaries required to form cooperatives or associations
- Initial appropriations for program financing set aside
Auditing
- Auditor General serves as ex officio auditor of Council and Bureau of Fisheries
- Operational expenses of Auditor's office paid from Bureau's income
Commercial Fisheries Provisions
- Study encouraged on promoting Filipino operation in international waters
- Fishing vessels mandated to have only one licensed navigator and engineer
- Medical supplies and personnel requirements set based on vessel size
- Exemption of fishermen from Blue Sunday Law
- Optional social security membership for fishermen
- Working hours regulated with overtime compensation
- Authorized radio transceiver operation for fishing vessels without formal exam
Municipal or Sustenance Fishing
- Cooperative members eligible for supervised credit loans for boats, engines, and paraphernalia
Penalties
- Violations punishable by fines up to P5,000 or imprisonment up to five years, or both
- Director of Fisheries empowered to impose administrative fines and cancel permits
- Law enforcement agents empowered to impound fishing vessels and equipment pending case resolution
- Obstruction of authorized inspections subject to fines up to P2,000 or imprisonment up to two years
Repealing and Separability Clauses
- Inconsistent laws and orders repealed or modified
- Invalid provisions do not affect remainder of decree
Effectivity
- Decree effective immediately upon approval