WHEREAS, the productive potentialities of the vast fishing
grounds and other fishery resources in the country upon which the people
depend as major and cheap source of food are being greatly reduced
through the employment of various methods of illegal fishing;
WHEREAS, loss of human lives oftentimes occur and varied
diseases and ailments are suffered by those who partake of fish and
fishery products which have been illegally caught or gathered;
WHEREAS, in the interest and welfare of the people who
depend mostly upon fish and sea or marine products for their daily food,
positive steps must be adopted by the government through interrelated
programs and projects including subsidiary laws and measures towards the
implementation thereof.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby decree and order to be part of the law of the land, the
following:
SECTION 1. Definition of Terms.—For purposes of this
Decree, the following terms are denned:
- Philippine Waters.—include all bodies of water within
Philippine Territory, such as rivers, streams, creeks, brooks, ponds,
swamps, lagoons, gulfs, bays and seas and other bodies of water now
existing, or which may hereafter exist in the provinces,
cities, municipalities, municipal districts, and barrios; and the
sea or fresh water around, between and connecting each of the islands of
the Philippine Archipelago, irrespective of its depth, breadth, length
and dimension, and all other waters belonging to the Philippines by
historic or legal title, including the territorial sea, the seabed, the
insular shelves and other submarine areas over which the Philippines has
sovereignty or jurisdiction.
- Fish and Fishery/Aquatic 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). Fishery/aquatic products include all
products of aquatic resources in any form.
- Fishing with the use of Explosives.—means the use of
dynamite, other explosives, or chemical compound that contain
combustible elements or ingredients that, upon ignition by
friction, concussion, percussion, or detonation of all or parts of the
compound, kill, stupefy, disable or render unconscious any fish or
fishery/aquatic product. It shall also refer to the use of any other
substance and/ or device that causes explosion capable of producing the
said harmful effects on fish or fishery/aquatic products.
- Fishing with the use of Obnoxious or Poisonous Substance.—means
the use of any substance or chemical, whether in raw or processed form,
harmful or harmless, which kill, stupefy, disable, or render
unconscious fish or fishery/ aquatic products.
- Electro-fishing.—means the use of electricity generated
by dry cell batteries, electric generators or other source of electric
power to kill, stupefy, disable or render unconscious fish or
fishery/aquatic products. It shall include the use of rays or beams of
whatever nature, form or source of power.
- Violations of Rules and Regulations.—means violations of
Fisheries Administrative Orders, rules and regulations promulgated by
the Secretary of National Resources.
- Persons.—include natural and juridical persons, unless
the context intends otherwise.
SEC. 2.
Prohibition.—It shall be unlawful for any
person to catch, take or gather or caused to be caught, taken or
gathered fish or fishery/aquatic products in Philippine waters with the
use of explosives, obnoxious or poisonous substances or by the use of
electricity:
Provided, That the Secretary of Natural Resources
may, subject to such safeguards and conditions he deems necessary, allow
for research, educational or scientific purposes only the use of
explosives, obnoxious or poisonous substances or electricity to catch,
take or gather fish or fishery/aquatic products in specified areas.
SEC. 3. Penalties.—Violations of this Decree and
the rules and regulations mentioned in paragraph (f) of Section 1 hereof
shall be punished as follows:
- by imprisonment from 10 to 12 years, if explosives are
used: Provided, That if the explosion results (1) in physical
injury to any person, the penalty shall be imprisonment from 12 to 20
years, or (2) in the loss of human life, then the penalty shall be
imprisonment from 20 years to life, or death;
- by imprisonment from 8 to 10 years, if obnoxious or
poisonous substances are used: Provided, That if the use of
such substances results (1) in physical injury to any person, the
penalty shall be imprisonment from 10 to 12 years, or (2) in the loss of
human life, then the penalty shall be imprisonment from 20 years to
life, or death;
- by imprisonment from 6 months to 4 years, or by a fine of
from P500 to P5.000 for violation of rules and regulations mentioned in
paragraph (f) of Section 1 hereof.
If the violation is committed by a partnership, association or
corporation; the managing partner or director or president who ordered
or allowed the violation to be committed shall be liable together with
the person who actually committed the prohibited acts.
SEC. 4.
Dealing in illegally caught fish or fishery/aquatic products.
—Any person who knowingly possesses, deals in, sells, or in any manner
disposes of, for profit, any fish, fishery/aquatic products which have
been illegally caught, taken or gathered shall, upon conviction by a
competent count, be punished by imprisonment from 2 to 6 years.
SEC. 5. Repealing clause. —Act No. 4003, as
amended, Republic Act No. 6451, laws, decrees, orders, rules and
regulations or parts thereof which are inconsistent with this Decree are
hereby repeated or modified accordingly.
SEC. 6. Effectivity.—This Decree shall take
effect upon its promulgation.
Done in the City of Manila, this 8th day of August, in the
year of Our Lord, nineteen hundred and seventy-four.