Presidential Decree No. 704 s.
1975
Fisheries Decree of 1975
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Utilization and Exploitation of Fishery/Aquatic Resources
PD No. 704
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License, Lease and Permit Requirements
Required Persons/Fishing Vessel Requirements
1. Any person who shall exploit, occupy, produce, culture, capture or gather fish, or fry or License, lease or permit
fingerling of any species of fish, or fishery/aquatic products
2. Any person engage in any fishery activity in Philippine or municipal waters
Commercial Fishing Boat Shall secure license from the Bureau
1. Any person who shall operate a commercial fishing boat, pearl fishing boat or fishing
boat for scientific, research or educational, purposes Note:
Except: Commercial fishing boat license herein authorized to be
granted shall allow the license to operate only in Philippine
Fishing boat engaged in scientific, research or educational purposes within Philippine waters
waters seven (7) or more fathoms deep subject to the conditions
pursuant to an international agreement of which the Philippines is a signatory, and which that may be stated therein and the rules and regulations that
agreement defines the status, privileges and obligations of said boat and its crew and the may, from time to time, be promulgated by the Secretary
non-Filipino officials of the international agency under which said boat operates
Baby trawls using fishing boats of three (3) gross tons or less
may operate in areas four (4) fathoms deep or more if
2. Any person engage in any fishery activity authorized by existing municipal ordinances duly approved by
the Secretary
3. Any person who seek employment as a fisherman
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License, Lease and Permit Requirements
Required Persons Requirements
Any person who shall import or export any fish or 1. Secure permit
fishery/aquatic product, whether adult or young, fry or fish eggs, 2. Pay the inspection and other fees
for propagation or for other purposes
Note:
Philippine Coast Guard shall perform all functions pertaining to the registration, documentation,
inspection and manning of all types of fishing boats plying Philippine waters except those
hereinabove vested in the Bureau of Fisheries and Aquatic Resources
Maritime Safety Division and Naval Architecture and Engineering Section of the Philippines Coast
Guard, upon inspection and verification that the fishing boat is seaworthy and fit for operations, be
accepted for registration, documentation, and licensing purposes
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DEEP-SEA OR OFFSHORE FISHING
• Persons eligible for commercial fishing boat license.
1. Filipino citizens
2. Associations or corporations duly registered in the Philippines, at least sixty per cent (60%) of the capital stock of which is owned
by Filipino citizens
=Certificates of Philippine registry and such other documents as are necessary for fishing operations
Note:
• The certificate of Philippine registry shall be valid only as long as the fishing boat is engaged in, or used for, fishing operations. For
the purpose of this section, fishing operation include the transportation of the fish caught.
• No person to whom a license has been issued shall sell, transfer, or assign, directly or indirectly, his stock or interest therein to any
person not qualified to hold a license, and any such transfer, sale or assignment shall be null and void and shall not be registered in
the books of the association or corporation.
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• Charter contracts, lease or lease-purchase agreements and contracts for assistance
Citizens of the Philippines and qualified corporations or associations engaged in commercial fishing may, subject to the approval of
the Secretary, enter into charter contracts, lease or lease-purchase agreements of fishing boats, or contracts for financial, technical or
other forms of assistance with any foreign person, corporation or entity for the production, storage, marketing and processing of fish
and fishery/aquatic products.
Charter contracts, lease or lease-purchase agreement and contacts for financial, technical or other forms of assistance with any
foreign person, corporation or entity, shall be subject to the guidance promulgated by the Council and the approval of the Secretary:
Provided, That payments under such contracts or agreements shall be made in kind, i.e., in export items of fish and/or fishery/aquatic
products
Subject to the following guidelines:
1. That the foreign crew members of the foreign fishing boat who shall not exceed seventy-five per cent (75%) of the complement
of the boat, may be issued fishermen’s license subject to security clearance by the Philippine Coast Guard and to the rules,
regulations and guidelines to be promulgated by the Council
2. That it shall be a condition in all charter contracts, lease or lease-purchase agreements that Filipino seamen and fishermen shall
be given instruction and training by the foregoing crew members in the operation of the fishing boat and the use of fishing gears
and after two years shall replace all foreign crew members.
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INLAND FISHERIES
•Disposition of Public Lands for Fishponds
General Rule:
Upon the effectivity of the Decree, no public lands suitable for fishpond purposes shall be disposed by sale:
Exception:
Fishpond sales patent already processed and approved on or before November 9, 1972, shall be given due course subject to the
condition that such application covers a fully developed fishpond not exceeding twenty-four (24) hectares
• Lease of Fishponds
1. The lease shall be for a period of twenty-five (25) years, renewable for another twenty-five (25) years.
2. Fifty per cent (50%) of the area leased shall be developed and be producing in commercial scale within three (3) years and the
remaining portion shall be developed and be producing in commercial scale within five (5) years, both periods to begin from the
execution of the lease contract;
3. All areas not fully developed within five (5) years from the date of execution of the lease contract shall automatically revert to
the public domain for disposition by the Bureau. Provided, That a lessee who failed to develop the area or any portion thereof
shall not be permitted to re-apply for said or any portion thereof or any public land under this Decree; and
4. No portion of the lease shall be sub-leased.
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• Size of Fishponds
The area of fishponds leased under the preceding section shall not exceed the following:
1. For individuals = 50 hectares; and
2. For associations and corporations = 500 hectares
Provided, That, if circumstances so warrant, a larger area may, with the approval of the Secretary, be leased to
qualified applicants.
• License to Operate Fishponds
1. Secure license or permit issued by the mayor of the municipality claiming jurisdiction over the area in which
the fish pen will be constructed.
2. License validity is for a period of five (5) years renewable for another five (5) years
3. The maximum area that can be licensed for a fish pen shall be ten (10) hectares in the case of an individual
and fifty (50) hectares in the case of an association, partnership, cooperative or corporation.
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Fishponds
Nueva Vizcaya, Philippines
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License to Operate
Fishpens
No person shall construct and/or operate a
fishpen without first securing a license from
the Bureau, any license or permit issued by
the mayor of the municipality claiming
jurisdiction over the area in which the fish
pen will be constructed to the contrary
notwithstanding.
The License shall be for a period of five (5)
years renewable for another five (5) years.
The maximum area that can be licensed for a
fish pen shall be ten (10) hectares in the case
of an individual and fifty (50) hectares in the
case of an association, partnership,
cooperative or corporation.
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Quote and Image Slide
“ You can never cross the ocean until you have the courage to lose sight of the shore – Christopher
Columbus
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