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PRESIDENTIAL DECREE NO. 704

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arah estorco

on 5 March 2014

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Transcript of PRESIDENTIAL DECREE NO. 704

PRESIDENTIAL DECREE NO. 704
Regulatory Fees
Charges, fees and bonds. The Department Head, upon recommendation of the Director, shall fix the amount of charges, rental, bonds and fees for the different kinds of utilization, exploitation, occupation, possession, or activity inside forest lands, the filing and processing of applications therefor, the issuance and renewal of license agreements, licenses, leases and permits, and for other services; Provided, That all fees and charges presently being collected under existing laws and regulations shall continue to be imposed and collected until otherwise provided; Provided, further, That timber taken and removed from private lands for commercial purposes shall be exempt from the payment of forest charges.
Penalties
For illegal fishing and dealing in illegally caught fish or fishery/aquatic products.- Violation of Section 33 hereof shall be punished as follows:
1. By the penalty of imprisonment ranging from twelve (12) years to twenty-five (25) years, in the case of mere possession of explosives intended for illegal fishing; by imprisonment ranging from twenty (20) years to life imprisonment if the explosive is actually used: Provided, That if the use of explosive results: (1) in physical injury to any person, the penalty shall be imprisonment ranging from twenty-five (25) years to life imprisonment, or (2) in the loss of human life, then the penalty shall be life imprisonment to death." (As amended by Section 2, PD No. 1058)
2. By imprisonment from eight (8) to ten (10) years, if obnoxious or poisonous substances are used: Provided, That if the use of such substance results: (1) in physical injury to any person, the penalty shall be imprisonment from ten (10) to twelve (12) years, or (2) in the loss of human life, then the penalty shall be imprisonment from twenty (20) years to life imprisonment or death.
3. By imprisonment from two (2) to four (4) years, if electricity is used; and
4. By imprisonment from five (5) to ten (10) years, for dealing in illegally caught fish or fishery/aquatic products." (As amended by Section 3, PD No. 1058)
Penalties
Trawl fishing. - Violation of Section 35 hereof shall be punished by imprisonment ranging from six (6) months to six (6) years." (As amended by Section 4, PD No. 1058)

PRESIDENTIAL DECREE NO. 704
The Decree prescribes rules for marine fisheries and inland fisheries including the lease of fish ponds, and to a certain extent, exportation and importation of fish.It is divided into 7 Chapters: Declaration of policy; definition of terms (I); The Bureau of Fisheries and Aquatic Resources (II); The Fishery Industry Development Council (III); Utilization and Exploitation of Fishery/Aquatic Resources (IV); Deep-sea and Offshore Fishing (IVa); Inland Fisheries(IVb); Municipal Fisheries (IVc); Reserve Fisheries and Fish Sanctuaries (V); Prohibitions and Penalties (VI); General Provisions (VII).Purpose of this Decree is to "accelerate and promote the integrated development of the fishery resources of the country in optimum productive condition through proper conservation and protection". It establishes the Bureau of Fisheries and Aquatic Resources, for the management, conservation, development, protection, utilization and disposition of all fishery and aquatic resources of the country. For the implementation of the policy approved by the country a Fishery Industry Development Council is established. The exploitation, production, etc. of fishery resources are subject to the issue of a licence, lease or permit. The Decree establishes the conditions required with respect to commercial fishing, deep-sea or offshore fishing and municipal fishing. Further provisions concern the establishment of fishing areas reserved for exclusive use of the government, of fish refuges and sanctuaries and the disposition of public lands for fishponds.
Penalties
Any public official who enforces an ordinance, resolution, rule and/or regulation concerning fishing and fisheries not previously approved by the Secretary shall be criminally prosecuted and, upon conviction, shall suffer the penalty of not more than five (5) years imprisonment or a fine of not more than ten thousand pesos (P10,000.00), or both such fine and imprisonment in the discretion of the court.

Action on any violation mentioned in this Chapter shall be taken if the Secretary so decides.
Exportation of "bangus" fry. - Violation of Section 36 shall be punished by a fine of not less than one thousand (P1,000.00) pesos nor more than five thousand (P5,000.00) pesos or by imprisonment for not less than one (1) year nor more than five (5) years, or both such fine and imprisonment in the discretion of the court.
Other violations. - Violation of any other provision of this Decree or of any rule or regulations already existing or which may be promulgated pursuant to this Decree shall subject the offender to fine of from five hundred pesos (P500.00) to 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 Director of Fisheries and Aquatic Resources is hereby empowered to impose upon the offender an administrative fine of not more than five thousand (P5,000.00) or to cancel his permit or license in the discretion of the Director: Provided, Further, That the Director or his duly authorized representative and law enforcement agents are hereby empowered to impound, with the assistance of the Philippine Coast Guard, if necessary, the fishing boat including the dynamite, blasting caps and other explosives, obnoxious or poisonous substances, and apparatus used in electric fishing, 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/aquatic 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 (2) years, or both such fine and imprisonment in the discretion of the court.
other penalties
Vessel entering fishery reserve or closed areas. - Any vessel, licensed or unlicensed, entering a fishery reserve or a declared closed area for the purpose of fishing shall be fined in a sum not exceeding five thousand (P5,000.00) pesos.
Vessel fishing or continuing to fish after the expiration of the license. - A vessel continuing to fish within sixty (60) days from the date of expiration of the license shall pay the ordinary annual license fee in full. A vessel fishing or continuing to fish without having procured the license therefor shall be fined in a sum not exceeding fifty (P50.00) pesos for every month the license remains unrenewed.
Vessel employing unlicensed fishermen. - A vessel found employing unlicensed fishermen shall be fined in a sum of not less than fifty pesos (P50.00) nor more than one hundred pesos (P100.00) for each fisherman and for each month such fisherman is employed.
Obstruction of fishery officers. - The owner, master or operator of any fishing boat, whether licensed or not, who obstructs or hinders or causes to be obstructed or hindered, any fishery officer from boarding such boat to enable said officer to perform his duly shall be fined in an amount not exceeding five hundred (P500.00) pesos. In addition, the license of the fishing boat may be cancelled.
Failure to submit required reports. - The owner, master or operator of a fishing boat who fails to submit a required report within thirty (30) days after due date shall be fined in an amount not exceeding five (P5.00) pesos.
Transfer of ownership or lease of fishing boat to be reported. - Any owner of a fishing boat who fails to notify the Director of the sale or lease of the boat to another person within (10) days after the sale or lease shall be fined in an amount not exceeding two hundred (P200.00) pesos.
Vessel engaging in fishing without license. - The owner, master or operator of a fishing boat engaging in fishing operations without a license shall be fined in an amount not exceeding one thousand pesos (P1,000.00) for each month or fraction thereof of operation.
Other violations. - Other violations may be compromised: Provided, That the fine shall not be less than fifty per cent (50%) of the fine originally imposed for the violation.
Ecological Impact
it protects and preserves our ecosystems in oceans and seas.

PD 704 limits human-caused damage to marine ecosystems, and on restoring damaged marine ecosystems. It also focuse on preserving vulnerable marine species.
it is important for marine conservation, also for the protection of our natural resources.
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