RULES AND REGULATION GOVERNING THE GATHERING, CULTURE AND EXPORTATION OF SHELLED MOLLUSCS (PHYLUM MOLLUSCA)
Presidential Decree No. 704, otherwise known as the “Fisheries Decree of
1975”, and Section 18 of Executive Order No. 116 dated January 30,
1987, the following rules and regulations governing the gathering,
culture and exportation of shelled molluscs (Phylum Mollusca) are hereby
promulgated:
SECTION 1. Definition of Terms and Phrases — For purposes of this Order, the following terms and phrases as used herein shall mean:
Shelled Molluscs — Refer to all species of
univalves and bivalves including molluscs of the genera including
nautiloid molluscs of the genera Nautilus and Argonauta. They include,
but are not limited to the following genera:Univalves — Haliotis, Trochus, Voluta, Mitra, Strombus, Murex, Oliva, Conus, Cypraea, Lambis, and Harpa.
Bivalves — Tridacna, Hippopus, Pinctada, Pteria,
Placuna, Amusium, Paphia, Katelysia, Perna, Modiolus, Pinna, Atrina,
Tapes, Anadara and Pharella.Tridacna gigas — A species of giant clam having
the following characteristics; sub-oval to fanshaped; valves
equilateral; moderately thin in small specimens, extremely heavy and
thick in large individuals, byssal orifice small to nearly closed; edge
with 4-7 folds; concentric sculpture lacking or limited to a few tubular
spines near umbos; radiating sculpture deeply folded.Tridacna derasa — A species of giant clam having
the following characteristics: shape semi-circular; valves
inequilateral, usually very heavy and often thickened at umbos; byssal
orifice narrow and short; edge with 6-7 folds; concentric sculpture
absent or in low erect ridges; umbonal area massive; umbos near
posterior end.Hippopus porcellanus — A species of giant clam
having the following characteristics: semi-circular in outline; smoother
and proportionately lighter in weight than the species hippopus
hippopus which is elongated to ovate-triangular or sub-rhomboidal in
shape.Shelled Molluscs Gathering — The taking or removal of any shell from natural or wild areas.
Shelled Molluscs Culture — The culture of any kind of shelled molluscs in specific areas for commercial purposes.
Permit to Gather — Authority issued by the
Regional Director concerned to take or remove shelled molluscs in
natural or wild areas, except those areas covered by existing license to
culture.License to Culture — Authority issued by the Regional Director concerned to culture or grow shelled molluscs in specific areas.
Gratuitous Permit — An authority issued by the
Regional Director concerned, free of charge, in favor of any government
agency or institution to gather or culture shelled molluscs for
research, or educational purposes.Regional Director — Refers to the Regional Director of the Department of Agriculture.
CITES — Acronym for Convention on International Trade on Endangered Species or wild flora and fauna.
SECTION 2. Gathering and/or Culturing of Shelled Molluscs
— No person, partnership, association, corporation, or cooperative
shall gather and/or culture shelled molluscs in Philippine waters
without any permit, license or gratuitous permit issued by the Regional
Director; Provided, however, that the gathering of wild Tridacna derasa,
Tridacna gigas and Hippopus porcellanus is prohibited.SECTION 3. Who are Entitled to Gather and/or Culture Shelled Molluscs —
(a) Citizens of the Philippines.
(b) Partnerships, associations or corporations duly
registered in accordance with law, at least sixty per centum (60%) of
the authorized capital stock of which belong to citizens of the
Philippines.(c) Cooperatives duly registered in accordance with law.
SECTION 4. Restrictions on the Culture of Shelled Molluscs —
(a) The size of an area for the culture of shelled molluscs
shall not be more than one (1) hectare for individuals nor more than
five (5) hectares for partnerships, associations, corporations or
cooperatives.(b) No area for the culture of shelled molluscs shall be
established to obstruct designated navigational lanes or where there is
conflict of waters rights.SECTION 5. Filing of Application to Gather Shelled Molluscs
— An application to gather shelled molluscs shall be filed with the
Office of the Regional Director concerned where the area is located and
accompanied by four (4) copies of 1 x 1 latest picture of the applicant.SECTION 6. Filing of Application to Culture Shelled Molluscs
— An application to culture shelled molluscs shall be filed with the
Office of the Regional Director concerned where the area is located and
accompanied by the following requirements:(a) Bureau of Technical Survey Map (BTSM) chart indicating
the approximate location and boundaries (longitude and latitude) of the
area;(b) Xerox copy of the Articles of Incorporation and/or Certificate of Registration duly approved by Offices concerned.
SECTION 7. Fees — The following fees shall be collected. when applicable.
(a) Application fee to gather — P 30.00
(b) Permit to gather — P 70.00
(c) Application fee for license to culture — P100.00
(d) License fee to culture per hectare/year. — P200.00
SECTION 8. Surcharge — When the annual license fee
is not paid on the date it becomes due, the license shall pay a
surcharge of one hundred (100%) per centum.SECTION 9. Duration of the Permit/License — A
license to culture shelled molluscs in any water areas of the
Philippines shall be for a period of five (5) years, renewable for a
similar period: and a permit to gather shall be for a period of one (1)
year.SECTION 10. Obligations of Shell Gatherers. —
(a) For monitoring purposes, the permitee shall submit to the
Regional Director a monthly statement of shelled molluscs gathered in a
prescribed form.(b) A permit to gather shall be carried at all times and
shall be presented upon demand by any authorized inspecting officer.SECTION 11. Obligations of Licensee to Culture Shelled Molluscs —
(a) The licensee shall comply with all pertinent existing
laws, rules and regulations, and those which may hereinafter be
promulgated.(b) The licensee shall assume responsibility for any and all
acts of his agents, employees, or laborers in the establishment,
management or operation of the shell farm lots.(c) The licensee shall keep a book or books for recording of
all kinds of shells cultured and harvested from the area under license,
indicating therein the date of culture, the kind, quantity, date of
harvest and the capital invested. The book or books shall be numbered
consecutively and shall be subject to inspection and verification by the
Regional Director or his duly authorized representatives.The licensee shall also submit a monthly statement of production of
all shelled molluscs cultured and harvested to the Regional Director in
a prescribed form.SECTION 12. Gratuitous Permit — A gratuitous permit may
be issued by the Regional Director to gather or culture shelled
molluscs for a period of one (1) year, subject to renewal for the same
period, but may be terminated sooner for cause under the succeeding
section.SECTION 13. Grounds for Rejection of Application and
Cancellation of Permit to Gather, License to Culture or Gratuitous
Permit, When Applicable —(a) Giving false or misleading statement
(b) Abandonment of the area.
(c) Dissolution of the juridical licensee.
(d) Voluntary request of the applicant/licensee.
(e) Non-use of the permit or license within one (1) year from the issuance thereof.
(f) Violations of the provisions of existing fishery laws,
rules and regulations and the terms and conditions of the permit or
license.(g) When public interest so requires.
SECTION 14. Exportation of Shelled Molluscs — The
exportation of shelled molluscs and/or any of their derivatives shall be
allowed, except those species which are prohibited under Section 2 of
this Order and those listed in the CITES; Provided, however, that
shelled molluscs listed in the CITES or in any international agreement
wherein the Philippines is a signatory thereof maybe exported upon
submission of proof that the same have been cultured.SECTION 15. Transitory Provisions — All corporations,
associations, or cooperatives culturing shelled molluscs prior to the
effectivity of this Order are hereby given a grace period of six (6)
months from the effectivity of this Order within which to restructure
and/or comply with the provisions of this Order. For purposes of
uniformity, the Director of Fisheries and Aquatic Resources shall
prepare the application, license and gratuitous permit forms as
mentioned in this Order for the official use of the Regional Directors
who shall reproduce the same for their own use.SECTION 16. Penal Provisions — Any violation of this
Order shall subject the offender to a fine of not less than Five Hundred
Pesos (P500.00) nor more than Five Thousand Pesos (P5,000.00), or
imprisonment from six (6) months to four (4) years, or both such fine
and imprisonment, in the discretion of the Court; Provided, that the
Regional Director is hereby empowered to impose upon the offender an
administrative fine of not less than Five Thousand Pesos (P5,000.00)
and/or cancel the permit or license, when applicable, and to confiscate
the shelled molluscs including the clam meat thereof, if any.SECTION 17. Repealing Clause — All existing
administrative orders, rules and regulations or parts thereof which are
inconsistent with the provisions of this Order are hereby repealed or
amended accordingly.SECTION 18. Effectivity — This Order shall take effect
fifteen (15) days after its publication in the Official Gazette and/or
in two (2) newspapers of general circulation.
Adopted: 17 April 1990
(SGD.) SENEN C. BACANI
Secretary