Encouraging Distant Water Fisheries by the Philippine Commercial Fishing Fleet

August 7, 1985

EXECUTIVE ORDER NO. 1047

ENCOURAGING DISTANT WATER FISHERIES BY THE PHILIPPINE COMMERCIAL FISHING FLEET

WHEREAS, the country's economic recovery program recognizes the role of the commercial deep-sea fishing industry as a vital source of food for our population and foreign exchange from exports of fresh and processed fishery products;

WHEREAS, commercial deep-sea fishing operations in the Philippines are highly seasonal because of weather factors and the migratory nature of the major commercial fish species; ATICcS

WHEREAS, as a result of the seasonality of the fish catch, there are several months during the year when there is scarcity in the fish supply for both the fresh and canned domestic consumption and for the export processing industry resulting in abnormally high prices for the domestic consumer and underutilization of capacity by the export processors/canneries;

WHEREAS, recent developments have confirmed the abundance of pelagic fish species, particularly tuna, in the high seas and in the neighboring countries in the Western Pacific Region during the slack fishing season in the Philippines;

WHEREAS, the Philippine fishing fleet has attained the capability to engage in distant water fisheries;

WHEREAS, it is the policy of the State to stabilize the supply and price of fresh and canned fish in the domestic market and to encourage exports of processed fishery products by enhancing the competitiveness of our fishery export processing industry through adequate supply of raw materials on a sustained year-round basis;

WHEREAS, it is, likewise, the policy of the State to support and encourage efforts of private industry to exploit the fishery resources outside the Philippines, particularly in the Western Pacific Region;

WHEREAS, the current economic crisis amounts to a grave emergency which affects the stability of the nation and requires immediate action;

WHEREAS, the issuance of this Executive Order is an essential and necessary component of the national recovery program to meet and overcome the emergency.

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order:

SECTION 1. The provisions of special or general law to the contrary notwithstanding, all fish caught in waters outside the jurisdiction of the Philippines by vessels of Philippine Registry are hereby considered as Philippine caught fish and, therefore, exempt from all import license/permit requirements and not subject to import quota restrictions, import duties, taxes and fees; Provided, however, that all Philippine flag fishing vessels engaged in distant water fisheries shall comply with the clearance and entrance rules prescribed by the Philippine Coast Guard, Bureau of Fisheries and Aquatic Resources and Bureau of Customs upon departure from and return to the Philippines.

SECTION 2. All Philippine registered fishing vessels engaged in distant water fisheries shall, upon compliance with the conversion and clearance requirements prescribed by the Philippine Coast Guard and the Bureau of Customs, be considered as international vessels for purposes of availment of the duty drawback on fuel oil used in fishing operations outside the Philippines as provided for in the Tariff and Customs Code.

SECTION 3. The Philippine Coast Guard is hereby directed to liberalize the manning requirements for Philippine Flag fishing vessels engaged in distant water fisheries. For this purpose, and upon recommendation of the Federation of Fishing Associations of the Philippines, Inc., it shall draw up and promulgate within 30 days from date hereof, revised minimum manning requirements for fishing vessels, taking into consideration that such vessels are not engaged in the commercial transport of passengers and goods, and should not, therefore, be subjected to the same requirements as commercial transport vessels.

SECTION 4. Any provision of law or regulation inconsistent herewith is hereby repealed, revoked or modified accordingly. TIADCc

SECTION 5. This Executive Order shall take effect immediately.

DONE in the City of Manila, Republic of the Philippines, this 7th day of August, in the year of Our Lord, nineteen hundred and eighty-five.