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A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library.
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ACT NO. 1798
ACT NO. 1798 - AN ACT TO PROVIDE
FOR THE PROTECTION OF ANIMAL LIFE IN THE PHILIPPINE ISLANDS
Section 1. It shall be unlawful for any person in the
Philippine Islands to hunt, wound, take, or kill, or have in his or her
possession, living or dead, or to purchase, offer, or expose for sale,
transport, ship, or export, alive or dead:
(a) Any wild bird, other than a game bird. No part of
the plumage, skin, or body of any such bird shall be sold or had in
possession for sale: Provided, however, That the birds commonly known
as eagles, hawks, owls, galancian, and mayas shall not be included
among the birds protected by this Act: And provided further, That
nothing in this Act shall be interpreted to prohibit the keeping of any
bird for a domestic pet;
(b) Any goose, duck, rail, coot, mudhen, gallinule,
shore bird, plover, surf bird, snipe, woodcock, sandpiper, tatler,
curlew, wild chicken, pheasant, quail, pigeon, dove, hornbill, mound
builder, or brush turkey, or such other game birds as shall hereafter
be added to this list, in case the Secretary of the Interior, as
hereinafter provided, shall establish a close season for such birds or
any of them;
(c) Any deer, musk deer, tamaraw, squirrel, or lemur,
or such other mammal as shall hereafter be added to this list in case
the Secretary of the Interior, as hereinafter provided, shall establish
a close season for such mammals.
And it shall be unlawful for any person. to take or needlessly destroy
the nest or eggs of any bird protected by this Act or to have such nest
or eggs in his or her possession except as hereinafter provided.
Sec. 2. It shall be unlawful for any person to
hunt, wound, take, or kill any of the birds or mammals protected by
this Act in any other manner than by the use of a gun, spear, lance, or
bow and arrow, and no person shall at any time lay or set trap, snare,
net, bird lime, swivel gun, deer lick, pitfall, or any other
contrivance or device whatever with intent to catch, take, or kill any
of the birds or mammals protected by this Act, or make use of any
artificial light, battery, or other deception or contrivance whatever
with intent to attract or deceive any of the birds or mammals protected
by this Act, except that decoys may be used in hunting game birds. The
constructing or setting of a trap or snare adapted for taking or
killing birds or mammals protected by this Act shall be prima facie
evidence of such constructing and setting with intent to take or kill.
Sec. 3. The foregoing sections of this Act shall
not apply to anyone who may hunt, wound, take, or kill any bird or
mammal or who may take the eggs of any bird in order to secure for
himself or his family; nor to any person holding a permit conferring
upon him the right to take birds, their nests or eggs, and mammals for
scientific or other purposes. A permit may be granted by the Secretary
of the Interior to any properly accredited person of the age of fifteen
years or upward permitting the holder thereof to collect birds, their
nest or eggs, and mammals for strictly scientific purposes only. Such
permit shall remain in force for a period of one year only from the
date of issue and shall not be transferable. On proof that the holder
of such a permit has killed any bird or mammal protected by this Act,
or taken the nest or eggs of any such bird, for other than scientific
purposes, he shall be subject to the same penalties as if he had no
such permit: Provided, That nothing herein shall prevent the taking of
so-called edible birds' nests under license duly issued in accordance
with Act Numbered Seventeen hundred and sixty-nine.
Sec. 4. Whenever the Secretary of the Interior may
deem it necessary for the public interest to protect any fish, bird, or
mammal he may, by an order, subject to the approval of the
Governor-General, declare and publish a close season for any bird or
mammal mentioned in paragraph (b) and (c) of section one of this Act,
or for any fish, bird, or mammal for a period not to exceed five months
in any one year. Such order may be applicable to the entire Philippine
Islands or to any province or provinces specified therein, shall be
issued at least two months before the commencement of such close
season, and shall be published, for a period of three weeks before such
order shall go into effect, in at least three daily papers in the city
of Manila and in at least one daily paper published in the province or
provinces specified in said order, if such there be and a copy thereof
shall be posted in the main entrance of the provincial building of such
province or provinces.
Sec. 5. Any person violating any regulation or
order of the Secretary of the Interior provided for in this Act shall
be punished by a fine not exceeding one hundred pesos for each fish,
bird, or mammal unlawfully killed, taken, kept. shipped, possessed, or
exported, or for each nest or egg taken or destroyed in violation of
the provisions of this Act.
Sec. 6. Any person giving information that has led
to the conviction of any person under the provisions of this Act shall
receive one-half of the fine imposed, and it shall be the duty of the
court in rendering the judgment of conviction to ascertain and declare
the name of the informant entitled to receive one-half of the fine
imposed.
Sec. 7. Nothing in this Act contained or in the
regulations made hereunder shall be understood to prohibit the hunting,
wounding, taking, or killing of wild pig in any manner or at any season
of the year.
Sec. 8. The public good requiring the speedy
enactment of this bill, the passage of the same is hereby expedited in
accordance with section two of "An Act prescribing the order of
procedure by the Commission in the enactment of laws," passed September
twenty-sixth, nineteen hundred.
Sec. 9. This Act shall take effect on its
passage.
ENACTED, October 12, 1907.
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