Title
Fishery Industry Development Decree of 1972
Law
Presidential Decree No. 43
Decision Date
Nov 9, 1972
A law enacted in 1972 to accelerate the development of the fishery industry in the Philippines, providing financing, training, and infrastructure to achieve self-sufficiency in fish and fishery products and contribute to the national economy.

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

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster—building context before diving into full texts.