PROVIDING FOR THE ACCELERATED DEVELOPMENT OF THE FISHERY INDUSTRY OF THE PHILIPPINES

WHEREAS, fish is one of the major and cheapest
sources of protein in the diet of the Filipino people;

WHEREAS, 2.2 million Filipinos depend directly on
the fishing industry for their livelihood;

WHEREAS, the Philippines continues to import fish
and fishery products in substantial quantities because of the
insufficiency of domestic production;

WHEREAS, in the New Society, there is a compelling
need to bring fish prices down to the lowest possible level in order to
benefit the lower-income groups in the society;

WHEREAS, the most effective method of bringing down
fish prices is to increase production of both marine and the inland
fish;

WHEREAS, the vast fishery resources of the
Philippines have remained largely untapped due to unnecessary
constraints brought about by law or by regulations and by the failure to
provide an integrated development program and the appropriate
incentives;

WHEREAS, there was pending before Congress prior to
the promulgation of Proclamation No. 1081, dated September 21, 1972, a
proposed bill entitled “AN ACT TO ACCELERATE THE INTEGRATED
DEVELOPMENT OF THE PHILIPPINE FISHERY INDUSTRY AND FOR OTHER PURPOSES” designed
to develop the industry in all its aspects and which had been duly
certified by me as one of the priority measures needed for the national
economic program of the Government;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of
the Philippines by virtue of the powers in me vested by the
Constitution as Commander-in-Chief of the Armed Forces of the
Philippines, and pursuant to Proclamation No. 1081, dated September 21,
1972, and General Order No. 1, dated September 22, 1972, in order to
effect the desired changes and reforms in the social, economic and
political structure of our society, do hereby order and decree that the
following Fishery Industry Development Decree of 1972 be adopted and
made part of the law of the land;

SECTION 1. Title. — This Decree shall be
known as the Fishery Industry Development Decree of 1972.

SEC. 2. Declaration of Policy. — It is
hereby declared the policy of the State to accelerate the integrated
development of the fishery resources of the country. For this purpose,
the Government shall promote, encourage, and hasten the organization of,
provide assistance to, and help integrate the activities of all
persons, associations, cooperatives and corporations engaged in the
industry so that the nation may achieve self-sufficiency in the supply
of fish and fishery products and to achieve said purposes, the fishing
industry shall be considered as a Board of Investments pioneer project.
It shall also encourage and promote the diversification of export
products and markets to enable the fishery industry to contribute
positively in the development and growth of the national economy. More
particularly, the Government shall help provide financing, training,
extension services, technical assistance and infrastructures for
production, storage, processing, transportation, marketing and the
distribution of fish and fishery products.

SEC. 3. Definition of Terms. — As used in
this Decree, the following terms are defined as follows:

(a) Fully developed fishpond — 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 at least consisting of a nursery pond, a
transition pond and a rearing pond and a water control system.

(b) Fish and Fishery Products — Fish includes all fishes
and other aquatic animals such as crustaceans (crabs, prawns, shrimps
and lobsters), mollusks (clams, mussels, scallops, oysters, snails and
other shellfish) and fishery products include all products of aquatic
living resources in any form.

(c) Refrigerating and cold storage plants — Consist of a
set of refrigerating machineries housed in a building with cold storage
compartments, for purposes of making ice and freezing and storing fish
and other perishable commodities.

(d) Fishery industry — Consists of the production,
processing, preservation, marketing and distribution of fish and fishery
products.

(e) Commercial fishing — Fishing for commercial purposes
in waters of more than seven fathoms deep with the use of fishing boats
of more than three gross tons.

(f) Municipal or sustenance fishing — Small scale fishing
utilizing fishing boats of three gross tons or less or using gears not
requiring the use of boats.

(g) Components of the fishery industry — Fish producers,
fish processors, fish traders both wholesalers and retailers, and owners
of refrigerating and cold storage plants serving the industry.

(h) Economic family size fishpond — An area of fishpond
that permits the sufficient use of labor and capital resources of a
family and will produce an income sufficient to provide a modest
standard of living to meet a family’s need for food, clothing, shelter,
health and education with allowance for payment of yearly installments
on the area, and reasonable reserves to absorb yearly fluctuations in
income.

(i) Commercial scale fishpond production — This refers to
production of fish in fully developed fishpond of not less than 500
kilograms of production per hectare per year,

SEC. 4. Fishery Industry Development Council —
To implement the foregoing policy enunciated in Section Two of this
Decree, there is hereby created a Fishery Industry Development Council,
hereinafter referred to as the “Council,” which shall be composed of the
following:

Secretary of Agriculture and Natural Resources	Chairman
Director of Fisheries	Vice-Chairman and Executive Officer
Secretary of National Defense	Member
Governor of the Central of the Philippines	Member
Chairman of the Development Bank of the Philippines	Member
President of the Philippine National Bank	Member
Chairman of the Board of Investments	Member

And a representative each to be recommended by the largest
nation-wide bona fide organizations of fishpond operators and fishing
associations, to be appointed by the President upon the recommendation
of the Secretary, Department of Agriculture and Natural Resources for a
term of two years.

Within thirty days after the approval of this Decree, the President
of the Philippines shall constitute the Council. The Council shall meet
regularly on the first Monday of each month: Provided, That the
Chairman may convene the Council in special meetings to consider urgent
matters. If any of the members shall not be able to attend the regular
and special meetings of the Council, he shall send a duly authorized
representative to exercise his powers and perform his functions.

The Council shall adopt the rules and regulations necessary to govern
its proceedings, and determine its official location and address.

SEC. 5. Powers and functions of the Council. —The
Fishery Industry Development Council shall have the following
functions, powers and duties:

1. To provide comprehensive policy guidance and create a healthy
   investment climate for the development of the industry in all its
   aspects, and delineate and coordinate the various activities of the
   participating agencies of the industry;
2. To encourage persons, associations, cooperatives and
   corporations engaged or who will engage in the production, storage,
   processing, marketing and distribution phases of the industry to adopt
   such systems and practices which will reduce costs and improve the
   quality of fish and fishery products in order to bring about fair
   returns to producers and reasonable prices for the benefit of the
   consumers;
3. To promote the establishment of infrastructure and other
   physical facilities geared towards the development of the fishing
   industry;
4. To encourage the improvement and modernization of the fishing
   fleet of the country and the expansion of its operation;
5. To provide guidelines aimed at protecting fish habitats,
   marine parks, and other fishery resources from pollution;
6. To draw up a comprehensive financial program for the industry
   indicating therein the sources, either domestic or foreign, allocating
   the funds thereof under a system of priority;
7. To devise a feasible system of insurance which will meet the
   needs of the industry.

The Council shall, within ninety days after it has been constituted,
adopt a Fishery Industry Development Program, hereinafter referred to as
the “Program,” which shall be implemented by its constituent agencies.

In this regard, the President of the Philippines, in consultation
with the Council and Monetary Board, may under Republic Act Numbered
Sixty-one hundred and forty-two, enter into, make, perform and carry out
contracts of every class and description necessary or incidental to the
realization of the objectives of the Program with any person, firm or
corporation, private or public, or initiate contracts and/or agreements
in behalf of the industry between the Philippine Government and foreign
governments or institutions.

SEC. 6. Implementing Agencies. — The
agencies represented in the Council shall, in accordance with the
Fishery Industry Development Program adopted by the Council, have the
following functions, powers and duties under this Decree;

1. The Department of Agriculture and Natural
   Resources shall:
   1. Direct and coordinate the activities of its component agencies
      in accelerating the development of the industry;
   2. Direct and facilitate the orderly, systematic and expeditious
      transfer of the jurisdiction of public lands available for fishpond
      development to the Bureau of Fisheries upon the effectivity of this
      Decree. For this purpose, all public lands, such as tidal swamps,
      mangrove and other swamps, marshes, ponds and streams within public
      lands, including public lands left dry during the lowest low tide and
      covered by water during the highest tide; and which are not needed for
      forestry purposes are hereby declared available for fishpond purposes
      and automatically transferred to the Bureau of Fisheries for its
      administration and disposition: Provided, That the Bureau of
      Fisheries shall set aside portions of such public lands for fish
      propagation, fish sanctuary, conservation and ecological purposes: And Provided,
      That certain tidal swamps, mangrove and other swamps, marshes, ponds,
      streams within public lands, used or utilized by fishery schools and
      colleges be set aside for their use; and

   3. Undertake such other measures as may be necessary to
      efficiently carry out the fishery industry development program.

2. The Bureau of Fisheries shall be the research, advisory and
   executive arm of the Council and as such shall have the primary and
   direct responsibility for implementing the Program as approved by the
   Council with the active cooperation of, and in coordination with, other
   participating agencies. It shall:
   1. Exercise the powers, duties and function under Republic Act
      Numbered Thirty-five hundred and twelve, not inconsistent with the
      provisions herein stated for the attainment of policy, objectives and
      purposes of this Decree;

   2. Issue or promulgate and execute instructions, orders, rules
      and regulations for the development, improvement, management and/or
      conservation of fish and fishery resources, declare and/or establish and
      enforce for a specified time of the year a close season for the
      catching and selling of a specified species of fish or the operation of a
      specified fishing gear covering the entire Philippine territorial
      waters or any portion thereof that shall be specifically defined,
      subject to the approval of the Council. Such instruction, rule or
      regulation, declaration and/or establishment shall take effect fifteen
      (15) days after its publication in the Official Gazette and two
      newspapers of general circulation;
   3. Prescribe fees for the gathering, taking, culturing and
      processing of fish and other fishery products, permit, license or
      concession fees, fees for the importation or exportation of aquatic
      products and other fees for the grant of fishery privileges, subject to
      the approval of the Council;
   4. Grant or execute leases, subject to the approval of the
      Council, entitling the holders thereof to develop a definite tract of
      public land to be devoted exclusively for fishpond purposes for a period
      of fifteen (15) to twenty five (25) years, subject to renewal for an
      equal or longer period;
   5. Grant concession for collecting or gathering of marine mollusks
      or their shells sponges seaweeds and other aquatic products in any of
      the territorial waters of the Philippines;

   6. Undertake a fisheries training program and coordinate with and
      provide assistance to fishery educational institutions in their research
      and instructional activities to provide the fishery industry with
      technically competent manpower: Provided That the fishery
      educational institution shall devise and adopt a standard “core”
      curriculum aimed at the training of vocational level fishery
      technicians;
   7. Perform all powers functions and duties over fishing vessels of
      more than three (3) gross tons regarding the registration,
      documentation, inspection and licensing of said vessels for the purpose
      of fishing operations: Provided, That the license granted shall
      allow the licensee to operate only in Philippine waters to of more than
      seven (7) fathoms deep, subject to the conditions that may be stated
      therein and the rules and regulations that may, from time to time, be
      promulgated by the Director of Fisheries with the approval of the
      council, notwithstanding the provisions of law to the contrary: Provided,
      further, That the Bureau of Fisheries after a thorough and careful
      study is hereby empowered to declare and open and close season for the
      operation of baby trawls in areas seven fathoms deep or less: Provided,
      furthermore, That operations of baby trawls using fishing boats of
      three (3) gross tons or less may operate in areas four fathoms (4) deep
      or more subject to the approval of the Council herein created, may
      declare, an open and close season for their operations;

      Notwithstanding the provision of any law to the contrary, a fishing
      vessel may by accepted for registration, documentation and licensing
      purposes by the Bureau of Fisheries, upon inspection and verification by
      the naval architect and marine engineer if the said Bureau that the
      fishing vessel is seaworthly and fit foe operations;

   8. Issue permits for the importation into and exportation from the
      Philippines of any fish or fishery products, mollusks, crustaceans,
      other aquatic animal, adult, young, fry or fish eggs, for propagation or
      for other purposes, subject to the approval of the Council: Provided,
      That exportation of fry or fish eggs shall be allowed only after the
      requirements of the industry are met;
   9. Issue for scientific research and educational purposes,
      temporary permits to any person, association or corporation to operate
      fishing vessels for a period not exceeding six months on the basis of
      rules and regulations approved by the Council;
   10. Issue fishermen’s license in connection with the operation of a
       fishing vessel of more than three (3) gross tons on the basis of rules
       and regulations approved by the Council;
   11. Designate in writing, as Deputy Fish Warden, competent public
       officials and/or private reputable persons engaged in the fishery
       industry, with full power, and authority to enforce all fishery laws,
       rules and regulations and to arrest offenders against the same: Provided,
       That the Director shall prescribe the qualification of persons to be
       appointed, subject to the approval of the Council;

   12. Maintain a system of regularly obtaining and disseminating
       accurate data and statistics on fish production, distribution,
       utilization and fishery resources of the country and other useful
       information relating to the industry;
   13. Undertake applied fisheries research aimed at increasing the
       efficiency and effectiveness of the methods and techniques of production
       and utilization of fish and fishery products and the utilization of
       different fertilizers for fishponds;
   14. Designate and set the boundaries of Fishery Districts and
       submit to the Council, a program within one (1) year after the passage
       of this Act for the Organization of District Fishery Corporations or
       Cooperatives to be composed of the various components of the industry in
       each District which shall engage in the buying, processing, storing and
       marketing of fish and fishery products. To serve this purpose, the
       Bureau shall promote in each of the Fishery Districts to be established
       under this Act, the establishment of adequate refrigerating plants for
       ice making, storage and quick-freezing to be owned preferably by the
       District Fishery Corporation or Cooperatives: Provided, That
       refrigerating and cold storage plants belonging to the Bureau shall be
       sold to the District Fishery Corporation or Cooperatives under such
       terms and conditions promulgated by the Bureau, subject to the approval
       of the Council: Provided, further, That ice-making, cold
       storage and quick freezing facilities may be established by any person,
       corporation or cooperatives in any part of the country without the
       necessity of any Congressional or municipal franchise, notwithstanding
       the provisions of the law to the contrary.

       The Development Bank of the Philippines is hereby authorized to
       convert its outstanding and collectible loans to the fishery industry in
       the District into equity shares of stock in these District Fishery
       Corporations or Cooperatives as these loans are paid: Provided,
       however, That such shares of the Bank shall be sold to the private
       sector at its option in the following order of priority: municipal
       fisheries operator or small fishermen, fish retailers, fishery
       cooperatives, fishpond operators and deep-sea fishing operators;

   15. Promote the organization of small fishermen’s associations and
       cooperatives in cooperation with existing government cooperative
       agencies, and the nationwide federation of these organizations;
   16. Determine and designate fish landing points in appropriate
       places throughout the Philippines and require the landing of all
       commercial fishing vessels at these designated places: Provided,
       That all fish landing points established prior to the approval of this
       Act shall be considered authorized fish landing points;
   17. Conduct and supervise the inspection of fish and fishery
       products for export, imports and those produced and consumed locally,
       for quality and compliance with fishery and other pertinent laws. For
       this purpose, the Bureau shall establish within one (1) year after the
       approval of this Act quality grades and standards to conform to world
       standards as much as possible, subject to the approval of the Council;
       and
   18. Promote the development of a viable fish meal industry in the
       country within two (2) years after the promulgation of this Decree in
       order to maximize the utilization of fish and fishery products and to
       complement the development of the animal industry. For this purpose, the
       Bureau shall, subject to the approval of the Council, recommend to the
       Central Bank the gradual reduction of fish meal imports to induce the
       development of the local fish meal industry.

   In order to enable the Bureau of Fisheries, as the executive arm of
   the Council, to efficiently implement the Fishery Industry Development
   Program and carry out its other functions under this Decree, its
   organizational set-up is hereby strengthened. The Director shall be
   assisted by an Assistant Director for Administration, Information and
   Regulations and as Assistant Director for Research and Development. To
   be more responsive to the needs of, and effectively carry out the
   purposes and objectives of this Decree, there are hereby created the
   Administrative Division; Licenses and Protection Division; Fishery
   Economics and Information Division; Fishery Research Division; Fish
   Propagation Division; and Technological Division. In addition, a
   Planning and Management Staff and other organizational units as provided
   for in the Integrated Reorganization Plan, are created: Provided,
   That the aforementioned organizational units shall be staffed by the
   Director from qualified personnel of the Bureau as first priority, and
   he shall include proposals for additional necessary personnel therefor
   in its appropriation for the immediate succeeding year.

3. The Central Bank of the Philippines, through the Monetary Board
   shall be primarily responsible for seeking ways and means of financing
   the requirements of the Fishery Industry Development Program in all its
   aspects. For this purpose, it shall, in addition to its present powers
   and functions, undertake the following activities:
   1. Coordinate the policies, programs and activities of all banks
      and financial institutions, relating to the provision of credit to
      persons, associations, cooperatives, corporations engaged in the fishery
      industry;

   2. Grant preferential rates in the rediscounting of papers
      involving loans for the fishery industry; and

   3. Grants concessionary rate of interest on loans for the
      development of fishery industry upon certification by the Director of
      Fisheries.

4. The Secretary of National Defense shall extend all assistance
   including personnel and equipment as may be necessary in the enforcement
   of fishery laws and regulations and in the attainment of the aims and
   objectives embodied in this Decree.
5. The private sector of the fishery industry shall direct their
   collective efforts towards a more active cooperation and coordination
   with Government agencies. It shall:

1. Assume the primary responsibility of accelerating the
   development of the industry;

2. Conduct research and experiments in cooperation with
   government agencies;
3. Allow implementing agencies of the Government access to such
   statistical data and information as would be necessary in the
   formulation of sound policies; and
4. Take active participation in technical manpower training by
   giving on-the-job training opportunities to fishery apprentices,
   trainees and volunteers.

SEC. 7. Technical Manpower Training. — The
private sector and/or fishery schools and colleges shall coordinate with
the Bureau of Fisheries and other government agencies on the training
of fishery technicians including volunteers by giving on-the-job
training: Provided, That for fishery students in schools and
colleges, one semester on-the-job training will be a requisite for
graduation.

The amount of five million pesos shall be set aside yearly from the
Fishery Industry Development Fund for the acquisition of fishing vessels
and/or other training paraphernalia and for operational expenses for
the training to be conducted by the Bureau of Fisheries.

SEC. 8. Filipino Predominance in the Fishery
Industry. Upon approval of this Decree, only citizens of the
Philippines and associations or corporations at least sixty per cent of
the capital of which is owned or controlled by citizens of the
Philippines may engage in any business activity relating to the fishery
industry.

SEC. 9. Role of Other Government Agencies. —
All departments, authorities, commissions, bureaus, agencies, offices,
of the National Government, government-owned or controlled corporations
and entities, and local governments not directly involved as
participating agencies of the Fishery Industry Development Program shall
cooperate with the Council and the agencies under it in the
implementation of the provisions of this Decree. For this purpose, they
are hereby authorized and directed to extend assistance, technical
guidance and provide facilities to the Council and the implementing
agencies under this Decree, subject only to limitations of their
respective charters resources.

SEC. 10. Fishery Industry Development Fund. —
To carry out the provisions of this Decree, there is hereby established
a Fishery Industry Development Fund, hereinafter referred to as Fund,
to finance the development of the industry. It shall be held in trust by
the Central Bank of the Philippines and shall be constituted in the
manner and from the sources hereinafter provided.

1. An annual lease rental and/or permit fee per
   hectare of fishpond shall be collected based on a schedule to be
   prescribed by the Bureau of Fisheries with the approval of the Council.
2. An annual fee for commercial fishing boat license on fishing
   vessels of more than three (3) gross tons shall be collected based on a
   schedule to be prescribed by the Bureau of Fisheries with the approval
   of the Council and the fish caught fee as prescribed in Act Numbered
   Four thousand three as amended shall not be imposed.

Public officials of all agencies charged with the function of collecting
the revenues proceeds, rentals, charges, duties and fees under this
section are hereby directed to remit directly to the Central Bank any
and all monthly collections thereof within fifteen (15) days of every
succeeding month.

The Central Bank as the trustee of the Fund is hereby authorized to
invest the Fund and proceeds thereof shall form part of the Fund.

The Fund shall be utilized for financing the requirements of the
fishery industry: Provided, That the disposition, allocation
and utilization of the Fund for the purposes envisioned in this Decree
shall be the exclusive prerogative of the Council,

SEC. 11. Loans to the Fishery Industry. —
Upon approval of the Fishery Industry Development Program, the
Development Bank of the Philippines, the Philippine National Bank, rural
banks and Veterans Bank and other government-owned or controlled
lending or banking institutions concerned shall make available loans to
eligible borrowers as are provided in their respective charters
and all articles of incorporations and by-laws, and policies of the
Central Bank of the Philippines: Provided, That:

1. It shall be mandatory for the Development Bank of the Philippines,
   the Philippine National Bank, rural banks and Veterans Bank and other
   government-owned or controlled lending institutions dealing with medium
   and long-term lending to:

   1. Grant loans for the development of fishponds
      and the acquisition of fishing boats including fishing paraphernalia;
   2. To extend loans for production, handling, refrigerating plants
      and cold storage, processing and marketing;

   3. Grant, loans to leaseholders of public lands for development
      of fishponds: Provided, however, That the term of the lease
      contract shall be longer than the period of repayment of the loan: Provided,
      finally, That holders of ordinary fishpond permits who have
      additional collaterals to offer may be granted loans at the discretion
      of the bank management and/or lending institutions; and
   4. To give preferential loans at concessionary rates of interest
      given to any borrower during a given period to be set by the Council,
      except for special rates of interest granted by GSIS and SSS to its
      members, for the development of fish and fishery products,

   For this purpose, eligible papers shall be given preference in the
   rediscounting policy of the Central Bank of the Philippines and that the
   rediscounting rate shall be the lowest preferential rate extended to
   private banks and the Development Bank of the Philippines, the
   Philippine National Bank, rural banks and Veterans Bank and other
   government-owned or controlled lending or banking institutions.

   All loans under this Program shall be extended under supervised
   credit as prescribed under Republic Act Numbered Sixty-three hundred and
   ninety or under project supervision.

SEC. 12. Funding for Projects of Veterans in
Fishery Industry Development. — All projects of veterans and their
qualified heirs within the purview of the Fishery Industry Development
Program shall be funded by the Philippine Veterans Bank: Provided,
That projects involving family size fishponds shall be given priority
in financing by the Philippine Veterans Bank.

SEC. 13. Disposition of Public Lands for
Fishpond. — Public lands already covered by lease agreements prior
to the effectivity of this Decree shall not be sold.

Within two years after the effectivity of this Decree the areas
leased should be fully developed and producing in commercial scale. Any
remaining undeveloped portion shall automatically revert to the public
domain for disposition by the Bureau of Fisheries: Provided,
That the lessee failing to develop the remaining portion of his leased
area shall not be permitted to re-apply for the reverted area or any
public land under this Decree.

Public lands available for fishpond development and not yet leased
prior to the effectivity of this Decree, including those earmarked for
development as family size fishponds, shall be leased only to qualified
persons, associations, cooperatives or corporations, subject to the
following conditions:

1. Fifty per cent of the area leased shall be developed and
   producing in commercial scale within three years and the remaining
   portion of the leased area shall be developed and producing in
   commercial scale within five years, both periods to begin from the
   execution of the lease contract;
2. All areas not developed and not producing in commercial scale
   within five years from the date of execution of the lease contract
   shall automatically revert to the public domain for disposition by the
   Bureau of Fisheries; and
3. No portion of the leased area may be subleased.

Under this Decree, the area of fishpond lease-holdings shall be
limited as follows:

1. For individuals — a maximum of fifty hectares based on
   productivity, distance to markets and other technical factors; and
2. For corporations — five hundred hectares: Provided,
   That at least twenty-five per centum of the equity shall be owned by
   persons other than the members of one extended family: Provided,
   further, That corporations engaged in canning of fish and
   by-product utilization may lease one thousand hectares.

All public lands leased after the effectivity of this Decree shall 6e
exempted from the annual lease rental provided in Paragraph A
of Section eleven of this Decree for the first two years from the date
of execution of the lease contract.

SEC. 14. Construction and Development of Family
Size Fishpond. — For the purpose of accelerating the development of
fishponds, the Bureau, subject to the approval of the Council, shall
identify public lands which shall be subdivided into economic family
size fishponds. The area of a family size fishpond shall be determined
by the Council with due consideration to the fertility of the land: Provided,
That such fishponds shall be leased only according to the priority
herein provided:

1. Landless and poor families living in the vicinity, town and
   province wherein the fishponds are located;
2. Qualified graduates of fisheries schools; and
3. Landless veterans.

Persons in the above categories with at least one year experience in
fishpond operation shall be given preference. All beneficiaries of
family size fishponds shall form a selda, cooperative or association for
the efficient management of the operations of the area. Each
beneficiary shall be given a loan equivalent to P5,000.00 per hectare
without collateral under a Supervised Credit Scheme and under terms and
conditions to be prescribed by the Council.

For the above purpose, the sum of thirty million pesos is hereby
appropriated, out of any funds in the National Treasury not otherwise
appropriated, for each of the first two fiscal years after passage of
this Decree and twenty million pesos every year for ten years thereafter
to finance the construction and development of family size fishponds.

SEC. 15. Auditor. — The Auditor General
shall be the ex officio auditor of the Fisheries Industry Development
Council and the Bureau of Fisheries. The provisions of Sec. 584 of the
Revised Administrative Code as amended by Republic Act 2266 shall,
except as hereinafter provided, apply to the office of the
representative of the Auditor General in the Council and the Bureau. The
necessary appropriations to cover the expenses for the maintenance and
operation of the office of said representative shall be paid out of the
income of the Bureau of Fisheries under the receipts automatically
appropriated fund and/or any other income accruing from funds provided
in this Decree.

SEC. 16. General Provisions Relating to
Commercial Fisheries. — To encourage and promote fishing in
international waters, the Bureau is directed to make a study and a
proposal to the Council, within the first year after the effectivity of
this Decree, on the measures to be undertaken to encourage Filipinos to
operate fishing boats in international waters.

Every vessel of Philippine registry of not less than ten gross tons
nor more than five hundred gross tons, which is operated exclusively as a
fishing vessel for catching and transporting fish in the territorial
waters of the Philippines, shall be required to carry only one licensed
navigator and one licensed engineer regardless of grade or rank to man
such fishing vessel.

Any provision of law to the contrary notwithstanding, any fishing
vessel shall be provided with adequate medical supplies and
lifeboats to be determined by the Bureau of Fisheries; and any fishing
vessel of not less than twenty (20) gross tons shall have in its employ a
registered nurse or a person qualified as a first aider as certified by
a government physician.

The provisions of any law to the contrary notwithstanding, fishermen
on board fishing vessels engaged in fishing operations are hereby
exempted from the provision of the Blue Sunday Law.

Membership under the Social Security Act shall be optional for
fishermen but shall be compulsory for other employees of the industry
who are permanently employed.

The total number of working hours of a fisherman and employee on
board a fishing vessel, whether continuous or broken, shall not exceed
eight hours a day: Provided, That work rendered in excess
thereof shall be treated as overtime. The responsibility of keeping a
record of overtime services rendered shall devolve upon the navigator of
the vessel.

The skipper or any employee on board a fishing vessel capable of
operating radio transceivers of not more than three hundred watts shall
be authorized by the Radio Control Board to operate such transceivers
during fishing operations without the necessity of taking the prescribed
examinations pursuant to the radio laws and regulations of the
Philippines: Provided, That no franchise shall be required and
in lieu thereof the Radio Control Board shall issue a permit to all
applicants of radio transceivers of not more than three hundred watts.

SEC. 17. Municipal or Sustenance Fishing. —
Municipal or sustenance fishermen who are members of a cooperative may
avail of financing from the Agricultural Guarantee Loan Fund
administered by the Central Bank /Rural Banks or from other sources
under a supervised credit scheme. Such loan may cover the acquisition
and/or repair of bancas, engines and fishing paraphernalia.

SEC. 18. Penalties. — Any violation of any
rule or regulations promulgated by virtue of this Decree or any fishery
law, rules and regulations shall subject the offender to a fine of not
more than five thousand pesos or imprisonment of not more than five
years or both in the discretion of the Court: Provided, That
the Director of Fisheries is hereby empowered to impose an
administrative fine of not more than one thousand pesos or the
cancellation of the permit or license as the case may be or both such
fine and cancellation at the discretion of the Director of Fisheries,
upon any person, partnership or corporation who shall violate any rule
or regulation promulgated by virtue of this Decree: Provided,
further. That the Director, or his duly authorized representative
and law enforcement agents are hereby empowered to impound the fishing
vessel or boat including the dynamite and blasting caps and other
explosives, tackle, apparel, furniture, and other apparatus used in
illegal fishing pending the termination of the criminal case by
competent courts: Provided, finally, That any person who
unlawfully obstructs or delays the inspection and/or movement of fish
and fishery products when such inspection and/or movement is authorized
under this Decree shall be subject to a fine of not more than two
thousand pesos (P2,000.00) or imprisonment of not more than two years or
both at the discretion of the Court.

SEC. 19. Repealing Clause. — All Acts,
parts of Acts, executive orders and regulations inconsistent with the
provisions of this Decree are hereby repealed or modified accordingly.

SEC. 20. Separability Clause. — The
provisions of this Decree are hereby declared to be separable and, if
any clause, sentence, provision or section of this Decree or application
thereof to any person or circumstances should for any reason be held
invalid or unconstitutional, such invalidity or unconstitutionally shall
not affect the other provisions or application of this Decree which can
be given force and effect.

SEC. 21. Effectivity. — This Decree shall
take effect upon its approval.

Done in the City of Manila, this 9th day of November, in the year of
Our Lord, nineteen hundred and seventy-two.

			(Sgd.) FERDINAND E. MARCOS President Republic of the Philippines
	By the President:
	(Sgd.) ALEJANDRO MELCHOR
		Executive Secretary