|
|
PRESIDENTIAL DECREE NO. 1219
(As amended by Presidential Decree No. 1698, 1980)
[PROVIDING FOR THE EXPLORATION,
EXPLOITATION, UTILIZATION AND CONSERVATION OF CORAL RESOURCES].
WHEREAS, coral resources are
known to exist beneath territorial waters and in the marine economic zone of the
Philippines;
WHEREAS, the exploitation of these resources, especially the precious coral
varieties, will bring revenue to the country and generate employment in the
processing and utilization of these resources;
WHEREAS, it is necessary that the exploration, exploitation, utilization and
conservation of these resources be properly regulated to ensure the preservation
of the country’s marine environment;
WHEREAS, conservation of ordinary corals is necessary for the preservation of
the natural breeding ground, habitat or abode of fishes and other marine
organisms;
WHEREAS, ordinary corals are natural protection of the shore and adjacent
infrastructures against destructive effects of wave erosion;
NOW, THEREFORE, I, Ferdinand E. Marcos, President of the Philippines, by virtue
of the powers vested in me by the Constitution, do hereby promulgate the
following:
Section 1
Title
This Decree shall be called "The Coral Resources Development and Conservation
Decree."
Section 2
Declaration of Policy
It is hereby declared to be the policy of the State to promote and regulate the
exploration, exploitation, utilization and conservation of coral resources,
whether existing beneath territorial waters or in the marine economic zone of
the Philippines, and to ensure the protection of these resources as provided for
under other existing laws.
Section 3
Definition of Terms
As used in this Decree the following terms are defined as follows:
a. Person includes a natural or juridical person.
b. Coral consists of small anemone-like organisms belonging to Phylum
Coelenterata which secrete their own skeletons of various forms that may be
hard, soft, stony or horny, and shall include the following:
1. Precious coral. Skeleton of anthozoan coelenterate characterized as having a
rigid axis of compact calcareous or horny spicules, belonging to the genus
Corallium as represented by the red, pink and white corals.
2. Semi-precious coral. Skeleton of anthozoan coelenterate characterized by a
thorny, horny axis, such as the Antipatharians as represented by the black
corals.
3. Ordinary coral. All kinds of coral other than precious and semi-precious
coral.
c. Exploration. The preliminary surveys and random sampling within a concession
area.
d. Exploitation. The actual extraction, gathering and collection in accordance
with acceptable coral development and conservation practices.
e. Utilization. All operations involved in the manufacture, processing or
conversion of raw corals into finished products.
f. Conservation. The complete preservation or limited harvesting of coral
resources in such a way as not to adversely affect the sustained productivity of
marine ecosystems.
g. Concessionaire. The person to whom a concession has been granted or awarded
under the provisions of this Decree.
h. Finished Products. Processed and manufactured coral articles of trade and
commerce in a form that may be immediately utilized by the end-user or consumer
such as, but not limited to, jewelries or decorative articles.
Section 4
Implementing Agency
This Decree shall be implemented by the Bureau of Fisheries and Aquatic
Resources, who shall have the jurisdiction and responsibility in the
exploration, exploitation, utilization and conservation of coral resources.
Section 5
Ordinary Coral
The gathering, harvesting, collecting, transporting, possession, sale and/or
exporting of ordinary corals either in raw or processed form in any quantity, is
prohibited. The use of corals as materials in buildings and other man-made
structures, such as but not limited to piers, dams and dikes, is likewise
prohibited.
Section 6
Gratuitous Permit
The Minister of Natural Resources may issue a gratuitous permit to duly
established and recognized research and educational institutions to gather in
limited quantities any coral for scientific or educational purposes only.
Section 7
(and Section 8, as amended)
Special Permit
The Minister of Natural Resources may issue a special permit to only one
person/corporation for a limited issue to conduct experimental collection of
precious and semi-precious corals.
The applicant for a special permit must be a Filipino citizen, or a corporation, at least seventy (70) per cent of the capital stock of which is owned or controlled by Filipinos.
Vessels to be used for such operations shall be of Philippine
registry. Provided, That if foreign vessels are used, prior clearance from the
government agencies concerned shall first be obtained.
Section 9
Export of Precious and Semi-precious Coral
Exportation of precious and semi-precious coral gathered is hereby prohibited,
unless such corals are first processed and manufactured into finished products
in the Philippines.
Section 10
Rules and Regulations
The Secretary of Natural Resources shall promulgate the rules and regulations to
implement effectively the provisions of this Decree.
Section 11
Penalties
Any person gathering precious or semi-precious corals without any permit shall,
upon conviction, be punished by imprisonment of not less than sixty (60) days
nor more than six (6) years or a fine of not less than Six Thousand Pesos
(P6,000.00), or both, at the discretion of the court. Provided, That the
penalties herein prescribed shall be without prejudice to the confiscation by
the government of the corals illegally gathered together with the vessel, the
gear and paraphernalia used therein. Confiscation shall also cover attempted
illegal exportation of corals.
Section 12
Repealing Clause
All laws, executive orders, and regulations inconsistent with the provisions of
this Decree are hereby repealed or modified accordingly.
Section 13
Transitory Provisions
All possessors of existing coral stocks gathered prior to the effectivity of
this Decree are required to dispose all their existing stocks within fifteen
(15) days from the date of effectivity of this Decree.
Section 14
Effectivity
This Decree shall take effect upon its approval.
Approved: October 14, 1977