CHAPTER I
Matters of General Nature
ARTICLE I
Title of Act, Fisheries to which it Applies, and Officers Charged with
its Execution
Section 1. Title of Act. — This Act shall be known as
the "Fisheries Act."
Sec. 2. Application of Provisions. — The
provisions of this Act shall apply to all fishing and fisheries in
Philippine waters.
Sec. 3. Executive Officers Charged with Execution
of this Act. — The Secretary of Agriculture and Natural Resources shall
be the executive officer charged with carrying out the provisions of
this Act, with authority to assign the direct executive control of the
enforcement of its provisions and the rules and regulations that may
hereafter be promulgated in accordance therewith to such
representatives, bureau, office or service as said Secretary may
designate. 1
Sec. 4. Instructions, Orders, Rules and
Regulations. — The Secretary of Agriculture and Natural Resources 1a
shall from time to time issue instructions, orders, rules, and
regulations consistent with this Act, as may be necessary and proper to
carry into effect the provisions thereof and for the conduct of
proceedings arising under such provisions; and all licenses, permits,
leases, and contracts issued, granted, or made herein shall be subject
to the same.
All ordinances, rules or regulations pertaining to fishing or fisheries
promulgated or enacted by provincial boards, municipal boards or
councils, or municipal district councils shall be submitted to the
Secretary of Agriculture and Natural Resources for approval and shall
have full force and effect unless notice in writing of their
disapproval is communicated by the secretary to the board or council
concerned within thirty days after submission of the ordinance, rule,
or regulations. 2
Sec. 5. Deputies Authorized to Enforce Provisions
of this Act. — Members of the Philippine Constabulary; members of
municipal and municipal district police; members of the secret service
force, inspectors, guards, wharfingers of the customs service; and such
internal-revenue agents, officers of coast guard cutters and lighthouse
keepers, and other competent officials, employees or persons as may be
designated in writing by the Secretary of Agriculture and Commerce 3
are hereby made deputies of said Department Head, with full power and
authority to enforce the provisions of this Act and the regulations
promulgated thereunder and to arrest offenders against the same. All
such deputies shall have power to administer oaths and to take
testimony in any official matter or investigation conducted by them
touching any matter under the authority of this Act or regulation
promulgated thereunder. 4
ARTICLE II
Definitions
Sec. 6. Words and Phrases Defined. — Words and
terms used in this Act shall be construed as follows:
"Philippine waters, or territorial waters of the Philippines", includes
all waters pertaining to the Philippine Archipelago, as defined in the
treaties between the United States and Spain, dated respectively the
tenth of December, eighteen hundred and ninety-eight, and the seventh
of November, nineteen hundred. 5
"Municipal waters", includes not only streams, lakes, and tidal waters
induced within the municipality, not being the subject of private
ownership, and not comprised within national parks, public forests,
timber lands, forest reserves, or fishery reserves, but also marine
waters included between two lines drawn perpendicular to the general
coastline from points where the boundary lines of the municipality
touch the sea at low tide and a third line parallel with the general
coastline and distant from it three nautical miles.
Where two municipalities are so situated on the opposite shores that
there is less than six nautical miles of marine waters between them,
the third line shall be a line equally distant from the opposite shores
of the respective municipalities.
"Persons", includes firm, corporation, association, agent or employee.
"Open", applies to beds, banks, shell-fields, zones, areas and regions
in Philippine waters which have not been brought within the operation
of an order of closure promulgated by the Secretary of Agriculture and
Natural Resources. 5a
"Open season", that period of time during which fishing is permitted in
a specified area or areas in Philippine waters.
"Closed season", that period of time during which fishing is prohibited
in a specified area or areas in Philippine waters, through an order of
closure by the Secretary of Agriculture and Natural Resources. 5b
"Inclusion of dates", whenever a period is designated during which an
act is permitted or prohibited, the first and second dates shall be
included within such period.
"Whole to include part", every provision relating to a fish or other
aquatic animal shall apply to a part of such fish or other aquatic
animal.
"Sell and sale", includes barter, exchange, and offering or exposing
for sale.
"Possession", means actual or constructive possession and any control
of things referred to.
"Transport and transportation", means all carrying or moving or causing
to be carried or moved.
"Take or taking", includes pursuing, shooting, killing, capturing,
trapping, snaring, and netting fish and other aquatic animals, and all
lesser acts, such as disturbing, wounding, stupefying, or placing,
setting, drawing, or using any net or other device commonly used to
take or collect fish and other aquatic animals, whether they result in
taking or not, and includes every attempt to take and every act of
assistance to every other person in taking or attempting to take or
collect fish and other aquatic animals: Provided, That whenever taking
is allowed by law, reference is had to taking by lawful means and in
lawful manner.
"Sponges", unless otherwise specified, such as cleaned or prepared
sponges, shall be construed to mean sponges in their original or
natural state and not prepared sponges.
A "fish coral" or "baclad" means a stationary weir or trap devised to
intercept and capture fish, consisting of rows or stakes or bamboo,
palma brava or other materials fenced with either split bamboo mattings
or wire nettings with one or more enclosures usually with easy entrance
but difficult exit, and with or without leaders to direct the fish to
the catching chambers or purse.
"Fishery" is the business of catching or taking, handling, marketing
and preserving fish or other aquatic products, the fishing grounds, and
the right to fish or take such products therefrom. "Fish" includes not
only the fishes proper but also many other aquatic animals like crabs,
prawns, shrimps, lobsters, clams, mussels, scallops, snails, oysters
and other mollusks or shellfish.
ARTICLE III
General Protective Provisions
Sec. 7. Authority to Declare and Establish Closed
Season. — The Secretary of Agriculture and Natural Resources 5c shall
have authority, subject to the approval of the Governor General, 6 to
declare and establish a closed season for fish, shellfish, or any other
aquatic animal specified by him.
Sec. 8. Duration of Closed Season. — A closed
season established by the Secretary of Agriculture and Natural
Resources 6a may be so defined as to cover a particular portion or
portions of each successive year, or if deemed necessary for the public
interest, it may be made to extend over any single period of time of
not more than five years' duration.
Sec. 9. Application of Closed Season. — The order
creating a closed season may be made applicable to the entire
Philippine Islands or to any specified province or other territorial
division therein, or it may be limited to a particular water or stream.
Sec. 10. Issuance of Order for Closed Season. —
Such order shall be issued at least two months before the date of its
taking effect, and if general, it shall be published in the Official
Gazette once a week for three consecutive weeks prior to the same date.
An order applying to a province, municipality or other territorial
division, shall be published once a week for three consecutive weeks,
in a local newspaper, if any there be, and copies of the order shall be
posted at the main entrance of the provincial and municipal buildings
and in said buildings before it is to take effect.
The Secretary of Agriculture and Natural Resources 6b shall also adopt
in each case such other means of publicity as he shall deem expedient
to spread and maintain knowledge of the existence of the order among
the people to be affected by it.
Sec. 11. Prohibition of the Use of Obnoxious or
Poisonous Substances in Fishing. — The use of any obnoxious or
poisonous substance liable to stupefy, disable, or cause death of
fishes or other aquatic animals for the taking of same; or the placing
of any such substance in fresh water or marine water of the Philippines
where it may cause the stupefaction, disablement, or death of fishes
and is intended to cause such stupefaction, disablement, or death, or
the gathering by any means of the fishes or other aquatic animals
stupefied, disabled or killed by the action of poisonous or obnoxious
substance shall be unlawful. The discovery of obnoxious or poisonous
substance in any person, fishing boat, banca, raft, or any other
watercraft shall constitute a prima facie presumption against the
person, owner, possessor or in charge of the boat or any other
watercraft that the said obnoxious or poisonous substance is being used
for fishing purposes in violation of this section, and that the
discovery in any fishing boat of fish caught or killed by the use of
poisonous or obnoxious substance shall constitute a prima facie
presumption that the person, owner, possessor or in charge of the
fishing boat or any other watercraft or the fishing crew have been
fishing with poisonous or obnoxious substance: Provided, however, That
the Secretary of Agriculture and Natural Resources 6c may issue permits
for the use of poisonous or obnoxious substances in taking fish or
other aquatic animals in limited numbers for scientific purposes only.
Such authorized party must have the permit with him ready to exhibit on
demand by any peace officer or deputy authorized in section five hereof
to enforce the provisions of this Act. 7
Sec. 12. Prohibition of the Use of Explosives in
Fishing. — The use of dynamite or other explosives for the stupefying,
disabling, killing or taking of fish or other aquatic animals, or under
water for any purpose except in the execution of bona fide engineering
work and the destruction of wrecks or obstructions to navigation; or
the gathering by any means of the fishes or other aquatic animals
stupefied, disabled or killed by the action of dynamite or other
explosives shall be unlawful: 7a Provided, That the use of mechanical
bombs for killing whales, crocodiles, sharks, or other large dangerous
fishes, may be allowed, subject to the approval of the Secretary of
Agriculture and Commerce 8 and the Secretary of the Interior 8a in
taking fish or other aquatic animals in limited numbers for scientific
purposes only. Permittees must be ready at all times to exhibit permits
on demand by any peace officer or deputy authorized in section five
hereof to enforce the provisions of this Act.
The possession and/or finding, of dynamite, blasting caps, and other
explosives in any fishing boat shall constitute a presumption that the
said dynamite and/or blasting caps and explosives are being used for
fishing purposes in violation of this section, and that the possession
or discovery in any fishing boat of fish caught or killed by the use of
dynamite or other explosives under expert testimony shall constitute a
presumption that the owner if present in the fishing boat or the
fishing crew have been fishing with dynamite or other explosives. 9
Sec. 13. Protection of Fry or Fish Eggs. — Except
for scientific or educational purposes or for propagation, it shall be
unlawful to take or catch fry or fish eggs and the small fish, not more
than three centimeters long, known as siliniasi, in the territorial
waters of the Philippines. Towards this end, the Secretary of
Agriculture and Commerce 10 shall be authorized to provide by
regulations such restrictions as may be deemed necessary to be imposed
on the use of any fish net or fishing device, for the protection of fry
or fish eggs: Provided, however, That the Secretary of Agriculture and
Commerce 11 shall permit the taking of the young of certain species of
fishes known as ipon, and other species under such restrictions as may
be deemed necessary. 12
Sec. 14. It shall be unlawful to place, cause to
be placed, discharge or deposit, or cause to be discharged or
deposited, or to pass or place where it can pass into the waters of the
Philippines any petroleum, acid, coal, or oil tar, lampblack, aniline,
asphalt, bitumen, or residuary product of petroleum or carbonaceous
material or substance, molasses, mining, mill tailings, or any refuse,
liquid or solid, from any refinery, gas house, tannery, distillery,
chemical works, sugar central, mill or factory of any kind, or any
sawdust, shavings, slabs, edgings, or any factory refuse or any
substance or material deleterious to fish or aquatic life. 13
Sec. 15. Importation and Exportation of Fish,
Mollusks, Crustaceans, etc. — The importation into and exportation from
the Philippines of any fish, mollusks, crustaceans, or amphibian or
other aquatic animal, adult, young, or fry or fish eggs for propagation
or other purposes shall be effected only through a special permit from
the Secretary of Agriculture and Commerce. 14 An application for a
permit shall be presented at least twenty days prior to the probable
date of arrival or five days before exportation of such fish, mollusk,
crustacean, or amphibian or other aquatic animals, for such permit a
fee of not more than four pesos shall be paid. Failure to file the
application within the time prescribed shall subject the importer to
the payment of twice the ordinary fee and/or administrative fines as
provided in section eighty hereof, without prejudice to criminal
proceedings against importer or exporter under the penal provisions of
this Act. For the inspection and prophylactic treatment of this
importation a fee equivalent to two per centum of the declared value of
the same shall be charged but such fee shall in no case be less than
fifty centavos. 15
ARTICLE IV
Classification of Fisheries
Sec. 16. Public Fineries Classified. — For the
purposes of this Act the public fisheries of the Philippine Islands
shall be classified, according to their government and disposition, as
follows:
(a) Insular.
15a
(b) Municipal.
(c) Reserve.
The Governor-General, 16 upon recommendation of the Secretary of
Agriculture and Natural Resources, 16a may, for reasons of public
interest, transfer fisheries from one class to another.
CHAPTER II
Insular Fisheries 16b
ARTICLE V
Deep-Sea or Offshore Fishing
Sec. 17. License Tax on Operation of Boat. —
Unless provided with a license issued in accordance with the provisions
of this Act, no person, association or corporation shall operate any
vessel of more than three tons gross for the purpose of catching fish
in the territorial waters of the Philippine Islands.
Sec. 18. Annual Fee on Operation of Boat. — The
Secretary of Agriculture and Commerce 17 is hereby empowered to issue
to the proper parties licenses for fishing operation of powered vessels
of more than three tons gross and sailing or rowed vessels of more than
three tons gross towed or operated in connection with power-propelled
vessels in the territorial waters of the Philippines upon the payment
of an annual fee of not less than two pesos nor more than two hundred
pesos for every vessel subject to taxation under this Act: Provided,
That failure of a licensee to secure a renewal or extension of his
license and pay the annual fee on or before the last day of February of
each year shall subject him to a surcharge of one hundred per centum
based on the amount of the original fee, without prejudice to criminal
proceedings against the delinquent licensee under the penal provisions
of this Act: Provided, further, That all vessels less than three tons
gross shall be licensed under the provisions of section seventy of this
Act: And provided, also, That the catching of fish under the license
issued shall be subject to the limitations, restrictions, and penalties
imposed by this Act. 18
Sec. 19. Permit to Operate Vessels for Scientific
Purposes. — A permit may be granted by the Secretary of Agriculture and
Natural Resources 18a free of charge to any person, association or
corporation of good repute, permitting the holder to operate a vessel
of more than three tons gross for the catching of fish for scientific,
educational or personal purposes, or for propagation. Such permits
shall be in force for a period of one year only and shall be subject to
such conditions as the Secretary of Agriculture and Natural Resources
18b may deem wise to impose for the proper carrying out of the purposes
of this Act. Upon proof that the holder of such permit has caught fish
for other than scientific, educational or personal purposes or for
propagation the permittee shall be subject to the same penalty as if he
had no permit.
Sec. 20. Persons and Corporations Eligible for
Licenses. — No license for the operation of vessels for the catching of
fish in the territorial waters of the Philippine Islands shall be
issued, except to citizens of the Philippine Islands or of the United
States, or to associations or corporations that are duly registered or
incorporated under the laws of the Philippine Islands or of the United
States or of any State thereof and authorized to transact business in
the Philippine Islands, and at least sixty-one per cent of whose
capital stock or interest in said capital stock belongs wholly to
citizens of the Philippine Islands or of the United States, or to
citizens of countries the laws of which grant similar rights to
citizens of the Philippine Islands: 18c Provided, however, That all
individuals, associations or corporations now operating vessels of more
than three tons gross for the commercial catching of fish may obtain
licenses for the vessels which they are operating at the time this law
goes into effect and may renew such licenses for the same vessels so
long as they are utilized for the commercial catching of fish and the
holders of such licenses have not been guilty of any violation of this
Act, or the customs laws, or the regulations promulgated thereunder:
Provided, further, That no individual, association or corporation
licensed to operate a vessel under the terms of this Act shall be
authorized to transfer or assign its or his interest or sell its or his
stock directly or indirectly to individuals, associations or
corporations not qualified under the terms of this Act to hold a
license, under penalty of forfeiture of its or his license: Provided,
also, That the transfer made by a stockholder or member of an
association or corporation of his stock or interest in violation of the
provisions hereof shall not cause the forfeiture of the license of such
association or corporation, but such transfer shall be null and void
and shall not be registered in the books of such association or
corporation: And provided, finally, That for the purposes of this Act,
persons, associations and corporations engaged in fishing which have
their base of operations in the Islands or bring fish to any port,
city, municipality or municipal district of the Archipelago shall be
presumed to have caught fish in the territorial waters of the
Philippine Islands.
Sec. 21. License for Off-Shore Fishing and
Municipal Grant of Fishery. — No license granted in accordance with
section eighteen of this Act shall operate within three nautical miles
from the shore line and from two hundred meters of any fish coral
licensed by a municipality pursuant to the provisions of section
sixty-nine hereof, except if the licensee is the same person authorized
by the municipality to operate such fish coral. 19
Sec. 22. Fisherman's License and License Fee. — No
person shall be employed or engaged on or in connection with the
operation of a vessel of more than three tons gross engaged in
commercial fishing unless he is provided with a fisherman's license.
Such license shall be issued by the Secretary of Agriculture and
Commerce 20 upon the payment of an annual fee of not less than twenty
centavos nor more than one peso. Provided, however, That should certain
fisherman attached to a fishing vessel become sick or incapacitated to
perform work on said vessel, the owner may employ temporary personnel
if they are qualified to hold a fisherman's license under this section.
Failure of the licensed fisherman to pay the fee and secure a renewal
of his license on or before the last day of February of each year shall
subject him to a surcharge of one peso. No license, as fisherman, to
work on vessels engaged in commercial fishing shall be issued, except
to citizens of the Philippines or of the United States 20a or of
countries the laws of which grant similar rights to citizens of the
Philippines, Provided, however, That aliens engaged in fishing on
vessels of more than three tons gross at the time this Act goes into
effect shall be licensed under the provisions of this Act so long as
they have not been guilty of any violation of this Act or the customs
laws or the regulations promulgated thereunder: Provided, further, That
all persons employed in a fishing vessel, except the master and the
engineer and the cook who shall be a Filipino citizen, shall be
considered fishermen. 21
Sec. 23. Fees for Fish Caught. — The Secretary of
Agriculture and Commerce 22 may by regulation fix the fees to be
collected for fish caught at a rate of not less than one peso nor more
than three pesos per ton, gross weight, as well as the manner of their
collection: Provided, That only one fee shall be collected; And
provided, further, That said regulations shall not interfere with the
free movement and disposition by any person of fish caught in
accordance with the provisions of this article. Failure of the licensee
to pay the fee required herein when due shall subject him a surcharging
of one hundred per centum. 23
Sec. 23-A. Fees for Other Aquatic Products. — For
aquatic products gathered or taken from public fisheries and not
otherwise provided for, there shall be paid on the market value thereof
determined in the manner indicated below a fee of not more than ten per
centum. 24
ARTICLE VI
Marine Mollusca Fisheries
Sec. 24. Who may Apply for Licenses to Take Marine
Mollusca. — Any citizen of the Philippine Islands or of the United
States and any association or corporation of which at least sixty-one
per centum of the capital stock or of any interest in said capital
stock belongs wholly to citizens of the Philippine Islands or of the
United States and which is organized and constituted under the laws of
the Philippine Islands or of the United States or of any State thereof
and authorized to transact business in the Philippine Islands, 24a or
any citizen of any country the laws of which grant similar rights to
citizens of the Philippine Islands, may file an application for license
to take marine mollusca in Philippine waters: Provided, however, That
all foreign persons, associations or corporations who, at the time this
law goes into effect, have legally obtained a license under the
provisions of Act Numbered Twenty-six hundred and four to take marine
mollusca, may be granted renewals of such licenses so long as they have
not been guilty of any violation of this Act, Act Numbered Twenty-six
hundred and four, or the customs laws, or the regulations promulgated
thereunder: Provided, also, That no individual, association or
corporation licensed to take marine mollusca shall be authorized to
transfer or assign its or his interest or sell its or his stock
directly or indirectly to persons, associations or corporations not
qualified under the terms of this Act to take marine mollusca, under
penalty of forfeiture of it, or his license: Provided, further, That a
transfer made by a stockholder or member of an association or
corporation of his stock or interest in violation of the provisions
hereof shall not be cause of the forfeiture of the license of such
association or corporation, but said transfer shall be null and void
and shall not be registered in the books of such association or
corporation.
Sec. 25. Application for Licenses to Take Marine
Mollusca. — All applications for licenses to take marine mollusca or
their shells shall be filed in triplicate with the official or chief of
the bureau, office or service designated to carry out the provisions of
this Act, who shall forward the original and duplicate copies thereof,
together with his recommendation, to the Secretary of Agriculture and
Natural Resources. 24b Licenses for taking marine mollusca, or the
shells of such, shall be issued by the Secretary of Agriculture and
Natural Resources, 24c upon proof that the license fees herein
prescribed have been duly paid: Provided, That the taking of marine
mollusca without the use of boat, submarine dredge, rake or submarine
armor, or the taking of marine mollusca whose shells have a value of
less than twenty-five pesos per ton by any device whatever, shall be
exempt from the payment of fees. The licenses issued hereunder shall
run for the remainder of the calendar year following the date of
issuance, and shall authorize the holder thereof to take marine
mollusca in Philippine waters, subject to the provisions of this
article and to such restrictions as may hereafter be established for
the protection and conservation of marine mollusca.
Sec. 26. Pearling or Shell Collecting Boat
License. — A pearling or shell-collecting boat license may, upon
payment of the proper fee and subject to the conditions, restrictions
and limitations specified in sections twenty-four and twenty-five
hereof, be issued to the owner or operator of any vessel the
registration or ownership of which is such as is prescribed for vessels
engaging in the Philippine coastwise trade: Provided, That no such
license shall be issued to any vessel owned or operated in whole or in
part by a person who has been twice convicted of violating this
article. 25
Sec. 27. Shell Diver's License. — A shell diver's
license authorizing the holder to use submarine armor in taking marine
mollusca or shell thereof in Philippine waters, may be issued to
any person, upon application filed with the Secretary of Agriculture
and Commerce, 26 or his authorized representative, upon the payment of
the required fee: Provided, That no such license shall be issued to any
person who does not possess the qualifications required in section
twenty-four of persons applying for licenses to take marine mollusca,
nor to any person who has been twice convicted of violating the
provisions of this article: Provided, further, That a person collecting
marine mollusca shells not exceeding five kilograms a day need no
diver's license. This license unless revoked for cause, shall be valid
from the date of issue for not more than one year shall expire on
December thirty-one, and shall not be transferable.
The fees for shells taken as provided in section twenty-three-A hereof
shall be collected from the owners of pearling or shell collecting
boats, licensed divers if not using any vessel, buyers or possessors of
such shells, unless it can be proven by such buyers or possessors by
proper documents or official receipts that the fees have already been
paid by the collectors of such shells.
The taking from the sea bottom of any shell of less than the legal
size, as prescribed in section thirty-six hereof or regulations
promulgated under this Act shall be sufficient cause for the
cancellation of the license and confiscation of the bond deposit, if
any. 27
Sec. 28. Unlicensed Diver. — It shall be unlawful
for any vessel holding a pearling or shell collecting boat license to
employ any unlicensed diver. 28
Sec. 29. Letters or Symbols and Figures on
Pearling Vessels. — Each pearling vessel, operated under a
pearling-boat license, shall exhibit plainly on each side in letters or
symbols and figures not less than twenty centimeters high the letter or
symbol assigned to each pearling district and the number of the
pearling-boat license.
Sec. 30. Pearling Districts in the Philippines. —
The Philippine Islands shall be divided into twenty-eight pearling
districts and to each district shall be assigned a letter or symbol, as
follows:
A. Mindanao and
Sulu
P. Camarines Norte and Camarines
Sur
B. Surigao 28a
Q. Albay
C. Palawan R. Sorsogon
D. Antique
S. Batangas
E. Capiz
T. Cavite
F. Iloilo U. Bataan
G. Occidental Negros
V. Zambales
H. Oriental Negros
W. Pangasinan
I. Cebu
X. La
Union
J. Bohol
Y. Ilocos Sur
K. Leyte
Z. Ilocos Norte
L. Samar
AA. Cagayan
M. Masbate
BB. Isabela
N. Mindoro
O. Tayabas 28b
In the upper left corner of each license shall also appear the letter
or symbol assigned to the district and the number of the license
issued. For example, the second license issued in Surigao would be B-2.
These licenses shall be issued in serial order, beginning with number 1
for each pearling district.
Sec. 31. Record of Shells Collected. — Every
licensed vessel shall keep a daily record of the number of shells
collected each day. Such record shall be examined and verified by the
collector of customs or by any internal-revenue officer authorized
herein to enforce the provisions of this Act at any port where the
owner or master of the vessel may desire to ship, sell or otherwise
dispose of the shells; and no owner or master of any vessel shall
discharge shells or otherwise dispose of the shells aboard without
inspection by such officer. When the shells have been inspected, the
officer shall note the fact in the vessel's log or record book. He
shall make a formal copy of such record, sign his name thereon and
forward same to the Secretary of Agriculture and Natural Resources. 28c
Sec. 32. Special Permit. — A special permit may be
granted by the Secretary of Agriculture and Natural Resources 28d to
any person of good repute, authorizing the holder thereof to take
marine mollusca of any kind or size for scientific, educational or
personal purposes or for propagation. Such permit shall remain in force
for a period of only one year from the date of issue, shall not be
transferable and shall be subject to such other restrictions as may be
imposed by the Secretary of Agriculture and Natural Resources. 28e
The taking of marine mollusca by the holder of such permit for other
than scientific, educational or personal purposes or for propagation
shall be sufficient cause for the cancellation of the permit.
Sec. 33. Holders of Licenses or Permits to Carry
Same at All Times. — All holders of licenses or permits granted under
this article must at all times carry in their possession such licenses
or permits ready to exhibit the same upon demand by any peace officer
or other person designated by the Secretary of Agriculture and Natural
Resources 28f to enforce the provisions of this Act. Failure to comply
with this requirement shall cause the cancellation of the licenses or
permits. Should any such licenses or permits be found with defaced,
erased, or illegible date of issue, they shall be seized at once by the
first peace officer or other authorized person who becomes aware of
this fact, and said licenses or permits shall be declared null and void.
Sec. 34. Restrictions. — The Secretary of
Agriculture and Natural Resources 28g may impose restrictions upon the
number of licenses which may be issued for the taking of marine
mollusca in Philippine waters, or upon the number of licensees who may
be allowed to operate therein, and may order that such restrictions
extend to one or more species, and be made generally applicable in all
Philippine waters or be limited to a particular marine area, or areas
therein. The Secretary of Agriculture and Natural Resources 28h may
also cause any application for licenses to be refused, or order the
cancellation of any license, when, in his opinion, the public interest
so requires. The action of the Secretary of Agriculture and Natural
Resources 28i under this section shall be final.
Sec. 35. Power to Prescribe a Scale of Fees. — The
Secretary of Agriculture and Natural Resources 28j shall from time to
time prescribe the fee to be paid for the pearling-boat license, or a
scale of fees graduated according to the character or capacity of the
vessels to be licensed, and shall announce the same in an order which
shall be published at least sixty days before becoming effective. Such
fee shall in no case be in excess of four hundred pesos per annum.
The fee for shell divers' license shall be two pesos per annum, payable
in advance.
Sec. 36. Power to Fix Minimum Sizes of Shells. —
The Secretary of Agriculture and Commerce 29 shall fix minimum sizes
for the shells which may be taken in Philippine waters of any species
including the following:
Pinctada maxima (jameson),
commonly known as the gold-lip pearl shell
or "concha blanca";
Pinctada margaritifera (Linnaeus), commonly known as the black-lip
pearl shell, or "concha negra";
Trochus niloticus Linnaeus, commonly known as the smooth top shell,
trechus shell, "simong" or "trocha";
Trochus maximus Koch, commonly known as the rough top shell, trochus
shell, "simong" or "trocha";
Trochus moduliferus Lamarck, commonly known as "Hirose shell" or
"Susong Babae";
Torbo mormoratus Linnaeus, commonly known as the green snail shell,
turban shell, "lalong" or "bolalo."
After such restriction shall have been imposed, it shall be unlawful
for any person to take, sell, transfer, or have in possession for any
purpose any shell or valve of a smaller size than the minimum
prescribed for the particular species.
Any undersize shell removed from the water through accident or in
ignorance of its size shall be returned to the water immediately
without being opened; otherwise, the offender shall be penalized, in
accordance with the penal provisions of this Act. 30
Sec. 37. Shipment of Shells. — The shipment or
exportation from the Philippine Islands of shells of any species
mentioned in the preceding section shall be unlawful unless such
shipment or exportation is properly effected through the customhouse at
a port of entry.
ARTICLE VII
Sponge Fisheries
Sec. 38. Limitation to Collect or gather Sponges
and Other Aquatic Products. — Except as provided in this Article, no
persons, associations, or corporations shall be allowed to collect or
gather sponges, seaweeds or other minor aquatic products from the sea
bottom or reefs in the territorial waters on the Philippines. Persons
gathering seaweeds, trepang, corals or other minor aquatic products,
except sponges and certain species of the genus degenea for personal
use even inside concessions, may be allowed, provided, that the daily
amount of such products gathered by them does not exceed five
kilograms. 31
Sec. 39. Who may be Eligible for Concessions. —
Concessions for the fishing for, collecting or gathering of sponges in
any of the territorial waters of the Philippine Islands may be granted
by the Secretary of Agriculture and Natural Resources 31a to any
citizen of the Philippine Islands or of the United States, or to
associations or corporations that are duly registered or incorporated
under the laws of the Philippine Islands or of the United States or of
any State thereof and authorized to transact business in the Philippine
Islands, and at least sixty-one per cent of whose capital stock or
interest in said capital stock is owned wholly by citizens of the
Philippine Islands or of the United States, 31b or to citizens of
countries the laws of which grant similar rights to citizens of the
Philippine Islands: Provided, however, That all foreign persons,
associations and corporations holding at the time this law goes into
effect concessions under the provisions of Act Numbered Twenty-five
hundred and eighty-four, as amended by Act Numbered Thirty-seven
hundred and thirty-five, to fish for, collect or gather sponges in
Philippine waters, may be granted renewals of such concessions so long
as they have not been guilty of any violation of this Act, Act Numbered
Twenty-five hundred and eighty-four, as amended, or the customs laws,
or the regulations promulgated thereunder: Provided, also, That no
individual, association or corporation granted a concession to fish
for, collect or gather sponges shall be authorized to transfer or
assign its or his interest or sell its or his stock directly or
indirectly to persons, associations or corporations not qualified under
the terms of this Act to fish for, collect or gather sponges, under
penalty of cancellation or forfeiture of its or his concession:
Provided, further, That a transfer made by a stockholder or member of
an association or corporation of his stock or interest in violation of
the provisions hereof shall not be cause of the forfeiture of the
license of such association or corporation, but said transfer shall be
null and void and shall not be registered in the books of such
association or corporation.
Sec. 40. Application for Concessions. — All
applications for concessions shall be filed in triplicate with the
official or chief of the bureau, office or service designated to carry
out the provisions of this Act, 31c and be accompanied by a description
giving latitude and longitude indicated upon a chart of the region
desired, the latest published charts of the Bureau of Coast and
Geodetic Survey being taken as the basis of the plot. The application
must be under oath and shall contain the following information:
(a) Age,
citizenship and residence of the applicant,
if he is an individual; and if an association or a corporation, its
officers, domicile and whether or not it is organized under the laws of
the Philippine Islands;
(b) Area of the concession applied for;
(c) Whether the area applied for conflicts in any way
with any concession already granted or occupied;
(d) Capital available for investment;
(e) That upon approval of the application, the
concession shall be marked at each corner with properly anchored buoys.
Sec. 41. Original and Duplicate Copies. — The
original and duplicate copies of the application for concessions shall
be forwarded by the official or chief of the bureau, office or service
designated to carry out the provisions of this Act, to the Secretary of
Agriculture and Natural Resources, 31d who, if be should become
satisfied of the qualifications and responsibility of the applicant,
and upon proof that the concessionaire has paid the fee required in
this Act, may grant the sponging concession, subject to the conditions
imposed herein.
All persons working under a concession or permit must at an times carry
in their possession copy of such concession or permit ready to exhibit
the same upon demand by any peace officer or other persons designated
by the Secretary of Agriculture and Natural Resources 32 in section
five hereof to enforce the provisions of this Act.
Sec. 42. Concessions for Sponging and Other
Privileges. — Concessions granted in accordance with this article shall
run for a period of not to exceed twenty years, and shall not interfere
with the free passage over the area under concession of boats or
vessels, nor in any way prevent the unrestricted gathering or removal
of products not specifically stated in the contract or license
agreement by other persons from the said area: Provided, however, That
subject to confirmation by the Secretary of Agriculture and Commerce
the official or chief of the bureau, office or service designated to
carry out the provisions of this Act, may select from any concessions,
adequate areas of offshore and waters for the cultivation of sponges or
other marine forms for the purpose of any Government experiment station
or school. 33
Sec. 43. Annual Concession Fee. — The annual
concession fee for sponges shall be at the rate of not exceeding one
hundred pesos per square kilometer. For the other products the annual
fee shall not exceed fifty-pesos per square kilometer or lineal
kilometer of coast line of not more than a kilometer wide. Such fee
shall be paid in advance and, if tendered in quarterly installments, on
or before the twentieth of January, April, July and October, or on or
before the last days of said months in remote provinces, in the
discretion of the Secretary of Agriculture and Commerce, 34 shall be
received without penalty. If the fee due on any concession is not paid
within the period in which the payment may be received without penalty,
the amount of the same shall be increased by ten per centum, the
increment to be part of the fee. Should the concession fee remain
delinquent fifty days after the same becomes due, the original fee
shall be increased by one hundred per centum and after six months the
concession shall be cancelled, and the bond deposit, if any, shall be
confiscated, without prejudice to criminal proceedings against the
delinquent concessionaire, under the penal provisions of this Act.
A fee which may be determined as provided in section twenty-three-a
hereof, shall be collected on products gathered and removed.
Of the sums collected under and by virtue of this section twenty per
centum shall accrue to the Insular Treasury 34a and forty per centum to
the province and municipality, respectively, in which the concession is
located. In case a concession should be included within two or more
provinces or municipalities, the distribution between the different
provinces and municipalities shall be made in proportion to the areas
of the concessions included within the respective provinces and
municipalities as aforesaid. 35
Sec. 44. Temporary Prospector's Permit. — A
temporary written permit to prospect for sponges in any waters of the
Philippine Islands, not under concession, may be granted to any
qualified person, association or corporation, upon payment of a fee of
five pesos. This temporary prospector's permit shall not be valid for a
longer period of time than three months from date it is issued, and not
be subject to renewal.
Under no circumstances shall more than fifty kilograms of cleaned
sponges be gathered under such temporary prospector's permit. Should
any such temporary prospector's permit be found with defaced, erased,
or illegible date of issue, they shall be taken up at once by the first
peace officer who becomes aware of this fact. At the end of the period
for which these temporary prospector's permits are issued, they shall
be returned to the officials who issued them and who shall keep the
same on file marked "cancelled".
Sec. 45. Statement of Sponges and Other Minor
Products Collected. — All concessionaires and prospectors duly
authorized, shall keep complete statements of the sponges, seaweeds and
other minor products, collected showing the kind and amount of each
product, quality, and size of sponges. Such statements shall be
examined and verified by any of the officers designated in section five
hereof by the Secretary of Agriculture and Commerce. 36 to enforce the
provisions of this Act, at any port where the concessionaires or
prospectors may desire to dispose of the sponges. When the sponges,
seaweeds and/or other minor products have been inspected the officer
shall note the fact on the face of the statement, sign his name thereon
and then forward such statements to the official, bureau, office or
service designated by the Secretary of Agriculture and Commerce 37 to
enforce the provisions of this Act. 38
Sec. 46. Privilege of Erecting Necessary Plant. —
Holders of sponge concessions shall have the privilege of erecting the
necessary plant for the development and exploitation of the sponge
industry, such as houses, drying racks, corrals, landing, etc., on the
shore convenient to the concession for the proper curing of sponges:
Provided, however, That the approval of the Secretary of Agriculture
and Natural Resources 38a should be had in accordance with the
provisions of Chapter IX of Act Numbered Twenty-eight hundred and
seventy-four, as amended, before erecting the structures herein
referred to.
Sec. 47. Size Limit and Classification. — No
commercial sponges of less than ten centimeters through any diameter
shall be taken from the waters of the Philippine Islands, except for
purposes of sponge culture within Philippine waters. All sponges shall
be trimmed, after which they shall be assorted as to quality, size, and
variety. The whole perfect specimens shall be known as "forms"; those
that have imperfections but do not require cutting shall be classified
as "seconds"; and those that have crab or coral holes and that are
divided into smaller shapes shall be called "cuts". The sizes shall be
graded according to the number of pieces required to make a kilogram,
that is — if one sponge weighs a kilogram, it will be known as No. 1
grade; if two sponges are required to make a kilogram, they will be
known as No. 2 grade; if three sponges are required to make a kilogram,
they will be known as No. 3 grade; etc. The size of the sponges shall
be determined by passing them through holes or rings of ten centimeters
inside diameter, the minimum legal size-limit. The following varieties
of sponges can easily be recognized in the Philippines and shall be so
marked: Sheepswool sponge, honeycomb sponge, zimocca sponge, Sulu sea
bath sponge, grass sponge, and elephant-ear sponge.
Sec. 48. Requirements. — No sponge shall be
shipped, removed or exported from the Philippine Islands unless the
same has first been trimmed, graded, and truthfully labeled.
Sec. 49. Prohibition. — It shall be prohibited and
declared unlawful:
(a) To transfer
any concession or permit granted or
issued under the provisions of this article, except to qualified
persons, associations and corporations and with the consent of the
Secretary of Agriculture and Natural Resources.
(b) To fish, collect, or gather any sponges growing
on the sea bottom or reefs within the boundary of a concession occupied
by another person, and granted under the provisions of this article, or
by a concessionaire outside the boundary of his concession.
(c) To engage in the practice of "loading" or
impregnating sponges with foreign substances of any sort or character
whatever for the purpose of increasing the apparent weight of said
sponges and thereby deceiving purchasers of said sponges as to their
true weight.
(d) To ship from or attempt to ship from the
Philippine Islands any sponges taken from the waters except through the
customhouse at one of the ports of entry of the Philippine Islands.
(e) To possess Philippine commercial sponges unless
holding a concession or permit in accordance with this article or a
bill of sale traceable from a concessionaire.
(f) To remove, deface, destroy, or in any way
interfere with the location marks of any concession granted under the
provisions of this article.
(g) To possess undersized sponges, or sponges less
than ten centimeters through any diameter.
(h) To take from the waters of the Philippine Islands
any commercial sponges by the use of any dredge or "gangara" except in
waters of more than thirty fathoms in depth.
Sec. 50. Payment of Fees. — Payment of fees on
products collected and removed shall be made to the officer and at the
time the Secretary of Agriculture and Commerce 39 may designate. The
provisions of this article shall not apply to persons gathering sponges
outside of the limits of the concessions, provided the daily amount of
sponges gathered by them does not exceed five kilograms. 40
ARTICLE VIII
Hawksbill Turtle Fisheries
Sec. 51. License to Take Hawksbill Turtles. —
Unless provided with a license, issued in accordance with the
provisions of this article, no person, association or corporation shall
take hawksbill turtles (Eretmochelys imbricata [Pennant]) in Philippine
waters.
Sec. 52. Who may Apply for Licenses to Take
Hawksbill Turtles. — Licenses to take hawksbill turtles in Philippine
waters shall be granted to any citizen of the Philippine Islands or of
the United States, or to associations or corporations that are duly
registered or incorporated under the laws of the Philippine Islands or
of the United States or of any State thereof and authorized to transact
business in the Philippine Islands, and at least sixty-one per centum
of whose capital stock or interest in said capital stock is owned
wholly by citizens of the Philippine Islands or of the United States,
40a or to citizens of countries the laws of which grant similar rights
to citizens of the Philippines Islands: Provided, however, That all
foreign persons, associations and corporations now engaged in the
catching of hawksbill turtles may obtain licenses for the taking of
hawksbill turtles under the provisions of this article and may renew
such licenses so long as they have not been guilty of any violation of
this Act, or the customs laws, or the regulations promulgated
thereunder: Provided, also, That no individual, association or
corporation granted a license to take hawksbill turtles shall be
authorized to transfer or assign its or his interest or sell its or his
stock directly or indirectly to persons, associations or corporations
not qualified under the terms of this Act to take hawksbill turtles,
under penalty of cancellation or forfeiture of its or his license:
Provided, further, That a transfer made by a stockholder or member of
an association or corporation of his stock or interest in violation of
the provisions hereof shall not be cause of the forfeiture of the
license of such association or corporation but said transfer shall be
null and void and shall not be registered in the books of such
association or corporation.
Sec. 53. Application for License to Take Hawksbill
Turtles. — All applications for licenses to take hawksbill turtles
shall be filed in triplicate with the official or chief 40b of the
bureau, office or service designated to carry out the provisions of
this Act, who shall forward the original and duplicate copies thereof,
together with his recommendation, to the Secretary of Agriculture and
Natural Resources. 40c Licenses for taking hawksbill turtles shall be
issued by the Secretary of Agriculture and Natural Resources, 40d upon
proof that the license fees required have been duly paid. The licenses
issued hereunder shall remain in force only until the end of the
calendar year for which they are issued, shall authorize the holder
thereof to take hawksbill turtles in Philippine waters, subject to the
provisions of this article and to such rules, regulations and
restrictions as may hereafter be established for the protection and
conservation of the hawksbill turtle fisheries, and shall be
non-transferable.
Sec. 54. Record of Turtles Taken. — The holder of
any license issued hereunder shall keep a true record of the number of
turtles taken by him under such license and of the persons or boats
employed by him in such pursuit. Such record shall be examined and
verified by the collector of customs or by any internal-revenue officer
or by any officer authorized herein to enforce the provisions of this
Act at any port where the licensee may desire to dispose of his catch
and no licensee shall dispose of his catch without inspection by such
officer. When the catch has been inspected, the officer shall note the
fact in the record book, make a formal copy of such record, sign his
name thereon and forward same to the Secretary of Agriculture and
Natural Resources. 40e
Sec. 55. Special Permit. — A special permit may be
granted by the Secretary of Agriculture and Natural Resources 40f to
any person of good repute authorizing the holder thereof to take
hawksbill turtles for scientific, educational or personal purposes, or
for propagation. Such permit shall remain in force for a period of one
year from date of issue, shall not be transferable, and shall be
subject to such other restrictions as may be imposed by the Secretary
of Agriculture and Natural Resources. 40g
The taking of hawksbill turtles by the holder of such permit for other
than scientific, educational or personal purposes or for propagation
shall be sufficient cause for the nullification of the permit.
Sec. 56. Holders of Licenses or Permits to Carry
Same at All Times. — All holders of licenses or permits granted under
this article must at all times carry in their possession such licenses
or permits ready to exhibit the same upon demand by any peace officer
or other person designated by the Secretary of Agriculture and Natural
Resources 40h to enforce the provisions of this Act. Failure to comply
with this requirement shall cause the cancellation of the licenses or
permits. Should any such licenses or permits be found with defaced,
erased, or illegible date of issue, they shall be seized at once by the
first peace officer or other authorized person who becomes aware of
this fact, and said licenses or permits shall be declared null and void.
Sec. 57. Restrictions. — The Secretary of
Agriculture and Natural Resources 40i may impose restrictions upon the
number of licenses which may be issued for the taking of hawksbill
turtles in Philippine Waters, or upon the number of licensees who may
be allowed to operate therein, and may order that such restrictions be
made generally applicable in all Philippine waters or be limited to a
particular marine area, or areas, therein. The Secretary of Agriculture
and Natural Resources 40j may also cause any application for licenses
to be refused or order the cancellation of any license, when, in his
opinion, the public interest so requires. The action of the Secretary
of Agriculture and Natural Resources 40k under this section shall be
final.
Sec. 58. Power to Prescribe License Fee. — The
Secretary of Agriculture and Natural Resources 40l shall from time to
time prescribe the fee to be paid for the license to take hawksbill
turtles in Philippine waters, and shall announce the same in an order
which shall be published at least sixty days before becoming effective.
Such fee shall in no case be less than five pesos nor more than fifty
pesos per annum.
Sec. 59. Power to Fix Minimum Size of Hawksbill
Turtles. — The Secretary of Agriculture and Natural Resources 40m shall
fix the minimum size for hawksbill turtles which may be taken in
Philippine waters.
After such restriction shall have been imposed, it shall be unlawful
for any person, association or corporation to take, sell, transfer, or
have in possession for any purpose any hawksbill turtle of a smaller
size than the minimum prescribed by the Secretary of Agriculture and
Natural Resources. 40n Offenders shall be penalized, in accordance with
the penal provisions of this Act.
Sec. 60. Shipment of Hawksbill Turtles or their
Shells. — The shipment or exportation from the Philippine Islands of
hawksbill turtles or their shells shall be unlawful unless such
shipment or exportation is properly effected through the customhouse at
a port of entry.
Sec. 61. Prohibition. — It shall be prohibited and
declared unlawful:
(a) To fish,
take, wound or kill in all waters of the
Philippine Islands, or hold in possession, living or dead, or to
purchase, offer, or expose for sale, transport, ship, or export, alive
or dead, any under-sized hawksbill turtle.
(b) To capture any hawksbill turtle by means of line
and sinker.
Sec. 62. Provision for Protection of Other Species
of Turtles. — When in his opinion the public interest shall so require,
the Secretary of Agriculture and Natural Resources 40o may inaugurate
similar measures for the protection and conservation of all or any of
the other species of turtles specified by him.
ARTICLE IX
Inland Fisheries
Sec. 63. Fishpond and Fishery Permits or Lease
Agreements within Forest Lands. — Permits or leases entitling the
holders thereof, for a certain stated period of time not to exceed
twenty years, to enter upon definite tracts of a public forest land to
be devoted exclusively for fishpond purposes, or to take certain
fishery products or to construct fishponds within tidal, mangrove and
other swamps, ponds and streams within public forest lands or
proclaimed timber lands or established forest reserves may be issued or
executed by the Secretary of Agriculture and Commerce, 41 subject to
the restrictions and limitations imposed by the forest laws and
regulations, to such persons, associations or corporations as are
qualified to utilize or take forest products under Act Number
Thirty-six hundred and seventy-four. 41a Renewal may be granted, but
the combined period of the original lease and its renewals shall not
exceed fifty years. 42
Sec. 64. Obstruction to Navigation and Removal
thereof . — Nothing in this article shall be construed as permitting
the lessee or permittee to obstruct the free navigation of any stream
adjoining or flowing through the area, nor prohibit or interfere with
the passage of people along such streams or the banks thereof, nor
impede the flow and ebb of the tide to and from the interior of the
swamps. When it is found that any construction is made contrary to the
provisions of this Act and/or constitutes an encroachment upon waters
in violation of public right, the removal thereof shall be effected by
or under the order and direction of the Secretary of Agriculture and
Commerce 43 or his duly authorized representative. 44
ARTICLE X
Collection of Fees and Application for Research
Sec. 65. Collection of Fees. — The fees authorized
to be collected under this chapter and accruing to the Insular
Government 44a shall be paid to the official or chief of bureau, office
or service designated by the Secretary of Agriculture and Natural
Resources 44b in the manner prescribed for, and subject to the same
penalties for delinquency except as herein otherwise provided, as the
fixed internal-revenue taxes under the Internal Revenue Law.
Sec. 66. Appropriation. — The sum not to exceed
one hundred fifty thousand pesos is set aside yearly out of the funds
accruing to the National Government from the fees authorized to be
collected under this Chapter, including bonds that may be forfeited in
accordance with the provisions of this Act or rules or regulations
promulgated thereunder, penalties and fines, and all revenue collected
from sales of fish and other aquatic products raised in fish farms,
experimental, and demonstration stations established or which may be
established in accordance with the provisions of this Act are set
aside and appropriated, to be disbursed by the proper officials, with
the approval of the Secretary of Agriculture and Natural Resources, for
the following purposes:
(a) For
scientific and economic research work
relative to the fishes, sponges, and other aquatic resources of the
Philippines;
(b) For the diffusion of knowledge among the
fishermen of the Philippines;
(c) For the study, improvement, propagation of the
fishes and aquatic resources most suitable for Philippine waters;
(d) For the establishment, maintenance, and operation
of experimental stations, farms, aquariums, and fish culture
laboratories;
(e) For giving practical instruction in the culture
of fishes and other aquatic resources in the most economic and
efficient manner of fishing, in the preservation of fish and other
aquatic products, in the management of fisheries and canneries;
(f) For all other purposes the object of which shall
be to foster, propagate, and protect fishes, shells sponges, and other
aquatic resources of the Philippines and carry out the provisions of
this Act.
Said sum shall be automatically appropriated annually in the
Appropriation Act, commencing with the fiscal period nineteen hundred
and forty-nine, and shall be available for the construction,
maintenance, and repair of buildings, vessels, dams and other necessary
land and buildings, the purchase of apparatus, instruments, chemicals,
supplies, and other necessary materials, the salaries, wages and
traveling expenses of the necessary personnel; and such other expenses
as may be deemed necessary to carry out the purposes of this Act in an
effective and adequate manner: Provided, That any unexpended balance of
the fund collected and herein appropriated at the end of each year
shall not revert to the National Treasury but shall be used for the
purposes for which it was appropriated: And provided, further, That
during the fiscal year nineteen hundred and forty-nine, the difference
between the maximum amount of one hundred fifty thousand pesos herein
fixed and the amount appropriated in the Appropriation Act for the said
fiscal year shall be spent subject to special budget in accordance with
the provisions of section seven-1-(4) of Commonwealth Act Number Two
hundred forty-six. 45
CHAPTER III
Municipal Fisheries
ARTICLE XI
Grant of Fishery
Sec. 67. Grant of Fishery. — A municipal council
shall have authority, to grant the exclusive privilege of erecting fish
corals, or operating fishponds, or taking or catching "bangus" fry,
known as "kawag-kawag," or fry of other species for propagation, within
any definite portion, or area, of the municipal waters, as defined in
article two of this Act, to any citizen of the Philippines or any
association or corporation of which at least sixty-one per centum of
the capital stock or of any interest in said capital stock belongs
wholly to citizens of the Philippines; Provided, That no individual,
association or corporation granted a municipal grant, license or permit
shall be authorized to transfer or assign its or his interest or sell
its or his stock directly or indirectly to persons, association or
corporations not qualified to hold a municipal grant, license or permit
under the terms of this chapter, under penalty of forfeiture of its or
his grant, license or permit: Provided, further, That a transfer made
by a stockholder or member of an association or corporation of his
stock or interest in violation of the provisions hereof shall not be
cause of the forfeiture of the grant, license or permit of such
association or corporation, but said transfer shall be null and void
and shall not be registered in the books of such association or
corporation.
No fish coral or "baclad" shall be constructed within two hundred
meters of another in marine fisheries or one hundred meters in fresh
water fisheries, unless they belong to the same license; but in no case
shall be less than sixty meters apart except in waters less than two
meters deep at low tide or unless previously approved by the Secretary
of Agriculture and Commerce 46 or his duly authorized representative.
47
Sec. 68. Adjustment of Matter of Disputed
Jurisdiction over Fishery. — Where fresh-water lakes are not included
within the limits of any one municipality, or where fresh-water or
tidal streams form boundaries between municipalities, disputes which
may arise as to the waters within which any municipality may exercise
the authority hereinabove conferred shall be referred by the respective
councils of the municipalities concerned to the proper provincial
boards, which body shall lay the facts, with its recommendation, before
the Governor-General, 48 to the end that he may either adjust the
boundary so as to settle the jurisdiction or recommend the passage of
adequate legislation.
Sec. 69. Restriction upon Letting of Fishery to
Private Party. — When the privilege to erect fish corals, construct or
operate fishponds, or oyster culture beds, or take or catch "bangus"
fry, known as "kawag-kawag," or of other species is granted to a
private party as hereinabove authorized, the same shall be let to the
highest bidder for a period not exceeding five years, or, upon the
previous approval of the provincial board, for a period not exceeding
ton years; or upon the previous approval of the Secretary of
Agriculture and Commerce 49 for a longer period but not exceeding
twenty years; all these grants shall be under such conditions as shall
be prescribed by the Secretary of Agriculture and Commerce. 50
Sec. 70. License Tax upon Taking of Fish in
Municipal Waters and Fishing Vessels. — A municipal council is
empowered to promulgate, subject to the approval of the Secretary of
Agriculture and Commerce, 51 rules and regulations regarding the
issuance to qualified applicant under this Law, of licenses for the
operation of fishing vessels of three tons or less; and shall grant the
privilege of taking fish in its municipal waters with nets, traps, or
other fishing gear. If an exclusive privilege for taking same has been
granted, upon payment of a municipal tax, to persons, qualified
according to section sixty-seven hereof, except those already licensed
under article five of this Act: Provided, That no such license shall
confer an exclusive right of fishery; that the imposition of this
license tax upon this privilege shall be levied only once in any given
year any upon any fisherman; that the levy is to be made by the
municipality wherein the fisherman is a resident; and that the
possession and exhibition of the receipt evidencing payment of the
license tax shall entitle the fisherman to fish in any municipal waters
in the Philippines: Provided, however, That in case the fee in the
municipality where the fisherman desired to fish is greater than the
fee in the municipality where he obtained his license, the former
municipality may collect from him the difference between the two fees:
Provided, further, That it shall be beyond the power of the municipal
council to impose taxes or fees for the privilege of taking marine
mollusca, or the shells of such, and fees for pearling boat and pearl
diver's licenses, or for prospecting, collecting, or gathering sponges
or other marine products: And provided, also, That no license granted
hereunder shall operate within two hundred meters of any constructed
fish coral licensed by a municipality, except if the licensee is the
owner or operator of the fish corals, and unless otherwise specifically
provided in the license, but in no case within sixty meters unless
previously approved by the Secretary of Agriculture and Commerce. 52
Sec. 71. Application of General Protective
Provisions. — Nothing in this chapter shall be construed as in any way
preventing or interfering with the application of the general
protective provisions specified in Article III of this Act to all
municipal grants, licenses, or permits issued hereunder.
Sec. 72. Report of Fisheries and Kind and Quality
of Fish Caught and Prices for same. — For the purpose of gathering
statistical data of fisheries and fish caught every holder of
commercial fishing license issued pursuant to sections eighteen,
sixty-nine or seventy of this Act, shall render a report in duplicate
to the municipal treasurer or to the Secretary of Agriculture and
Commerce 53 or his duly authorized representative once a month of the
kind and quantity of fish caught by him, and, if such fish are marketed
the price received by him for same. Such report shall be made on form
and in the manner prescribed by the Secretary of Agriculture and
Commerce. 54 Those licensed by the municipality shall submit reports on
fish caught to the municipal treasurer who shall forward one copy to
the Secretary of Agriculture and Commerce 55 or his duly authorized
representative. At the end of each year the municipal mayor shall
submit to the said Secretary a report showing all the owners of fishing
boats, fish nets, tackle, fish traps, and holders of fishery privileges
and the corresponding licenses issued, fee paid, quantity and value of
fish caught and such other information as he may be required. 56
CHAPTER IV
Reserve Fisheries
ARTICLE XII
Uses of Reserve Fisheries
Sec. 73. Fishing Rights Reserved for Exclusive Use
of the Government. — Upon the recommendation of the Secretary of
Agriculture and Natural Resources, the Governor-General 57 may
designate by proclamation any area or areas in the Philippine waters as
fishery reservations for the exclusive use of the Government of the
Philippine Islands or of any of its branches, or of the inhabitants
thereof, or for the culture of fish and other aquatic animals for
educational and scientific purposes.
Sec. 73-A. Establishment of communal fisheries. —
The Secretary of Agriculture and Commerce 58 may set aside, as communal
fishery for the particular use of the inhabitants of any municipality
or municipal district, one or more portions of municipal waters. Such
assignment shall be preferably made from waters in the province of the
community to be served; but if there be no such water conveniently
situated for the use of such community, a communal fishery may be
assigned for its use in a neighboring province. If the public interests
so require, the Secretary of Agriculture and Commerce 59 may change the
location or boundaries of a communal fishery or disestablish it
altogether. A communal fishery once established for such communal use
shall not be leased. 60
Sec. 73-B. Administration of Communal Fisheries. —
Communal fisheries shall be administered by the Secretary of
Agriculture and Commerce 61 in such a way as it insure to the people
having rights therein a continued supply of fishery products necessary
for their home use and to this end the said Secretary may prescribe
regulations the conditions under which taking of fish and other fishery
products therefrom without license and free of charge may be allowed.
62
Sec. 73-C. Taking of Fish for Personal Use. —
Residents of a place for which a communal fishery shall not have been
set aside may, without license and free of change take fish or other
fishery products which they need for personal purposes from any
municipal waters. 63
Sec. 74. Government Fishery Farms and Experimental
Stations. — The Secretary of Agriculture and Natural Resources is
hereby authorized to establish, equip, operate and maintain fishery
farms, experimental stations and other fishery projects in such places
in the Philippine Islands as may be deemed appropriate therefor and
beneficial to the fishing industry, for the purposes of studying,
surveying, conserving, preserving and developing the fish, shell,
sponge, and other aquatic resources of the Philippine Islands.
Subject to the approval of the Governor-General, 64 the Secretary of
Agriculture and Natural Resources shall be authorized to sell to the
highest bidder any fishery farm, experimental station, or fishery
project operated under this Act, or to exchange any land or portion
thereof, owned or reserved for or occupied by any fishery farm,
experimental station or fishery project, for other more adequate or
more desirable sites of private ownership or otherwise, under such
terms and conditions as may be deemed advantageous to the Government.
No transaction of sale or exchange herein authorized shall be made
except with citizens of the United States or of the Philippine Islands,
or with associations or corporations duly registered or incorporated
under the laws of the Philippine Islands or of the United States or any
State thereof and authorized to transact business in the Philippine
Islands and at least sixty-one per centum of whose capital stock or
interest in said capital stock is owned wholly by citizens of the
Philippine Islands or of the United States. 65
ARTICLE XIII
Fish Sanctuaries
Sec. 75. Fish Refuges and Sanctuaries — Upon the
recommendation of the official or chief of the bureau, office, or
service concerned, the Secretary of Agriculture and Commerce 66 may set
aside and establish fishery reserves or fish refuges and sanctuaries to
be administered in the manner to be prescribed by him. All streams,
ponds, and waters within the game refuges, birds sanctuaries, national
parks, botanical gardens, communal forests and communal pastures are
hereby declared fish refuges and sanctuaries. It shall be unlawful for
any person to take, destroy, or kill in any of the places
aforementioned, or in any manner disturb or drive away or take
therefrom, any fish fry or fish eggs. 67
CHAPTER V
Penal Provisions
ARTICLE XIV
Penalties for Violations of the Provisions of this Act
Sec. 76. Use of Obnoxious or Poisonous Substances,
or Explosives in Fishing. — Any person who shall use obnoxious or
poisonous substances in fishing in violation of the provisions of
section eleven of this Act shall be punished by a fine of not less than
five hundred pesos nor more than five thousand, and by imprisonment for
not less than six months nor more than five years, or both, in the
discretion of the court, aside from the confiscation and forfeiture
of all explosives, boats, tackle, apparel, furniture and other
apparatus used in fishing in violation of said section eleven of this
act.
Any person who shall use explosives in fishing in violation of the
provisions of section twelve of this Act shall be punished by a fine of
not less than one thousand five hundred pesos nor more than five
thousand, and by imprisonment for not less than one year and six months
nor more than five years, aside from the confiscation and forfeiture of
all explosives, boats, tackle, apparel, furniture, and other apparatus
used in fishing in violation of said section twelve of this Act. 68
Sec. 77. Reward to Informer. — The person giving
information that has led to the conviction of any person under the
provisions of the next preceding section shall receive one-half of the
fine imposed, and it shall be the duty of the court rendering judgment
of conviction to ascertain and declare the name of the informer
entitled to receive one-half of the fine imposed.
Sec. 78. Unlawful Fishing in Deep-Sea Fisheries. —
Any person, association or corporation violating any of the provisions
of Article V of this Act or any order or regulation deriving force from
its provisions shall be punished for each offense by a fine of not more
than five thousand pesos, or imprisonment, for not more than one year,
or both, in the discretion of the court: Provided, That in the case of
an association or corporation, the president or manager shall be
directly responsible for the acts of his employees or laborers if it is
proven that the latter acted with his knowledge; otherwise the
responsibility shall extend only as far as fine is concerned: Provided,
further, That in the absence of a known owner of the vessel, the
master, patron or person in charge of such vessel shall be responsible
for any violation of this Act: And provided, finally, That in case of a
second offense, the vessel together with its tackle, apparel, furniture
and stores shall be forfeited to the Government.
Sec. 79. Penalty for Unlawful Taking of Marine
Mollusca. — Any person who shall take marine mollusca, or any shell or
valve thereof, in Philippine waters contrary to any of the provisions
of Art. VI of this Act shall be punished by a fine of not more than one
hundred pesos, or imprisonment for not more than one month, or both, in
the discretion of the court; and if the offense consists in the taking,
selling, or transferring of undersized shells, or the having of such in
possession, the offenders shall be fined five pesos for each valve of
any shell the subject of the illegal act, and such shell shall be
confiscated.
Sec. 80. Compromise. — With the approval of the
Secretary of Agriculture and Commerce the official or chief of the
bureau, 69 office or service designated to carry out the provisions of
this Act may at any stage compromise any case arising under the
provisions thereof, subject to the following schedule of administrative
fines:
(a) Vessel
entering fishery reserve or closed areas.
— Any vessel, licensed or unlicensed, entering fishery reserve or
closed area by proclamation of the Governor-General or the President of
the Philippines or administrative order, for the purpose of fishing
shall be fined in a sum not exceeding one hundred pesos.
(b) Vessel fishing or continuing to fish after the
expiration of the license. — A vessel continuing to fish within sixty
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 renewal of the license therefor shall be
fined in a sum not exceeding fifty pesos for every month the license
remains not renewed from the last day renewal should have been secured.
(c) Vessel on which unlicensed fisherman are
employed. — A vessel found using or employing unlicensed fishermen
shall be fined in a sum not less than five nor exceeding ten pesos for
each fisherman and for each month such fisherman is employed.
(d) Obstruction of boarding officer. — If the master,
owner, or operator of any vessel unlicensed or licensed in accordance
with the provisions of section eighteen of this Act, obstructs or
hinders any fish and game officer in lawful going on board such vessel
for the purpose of carrying into effect any of the provisions of this
Act or the regulations promulgated thereunder or shall intentionally
cause any such officer to be obstructed shall be fined in the amount
not exceeding one hundred pesos and the license may be cancelled.
(e) Failure to submit required reports. — If the
owner or operator, or the authorized agent of any vessel licensed under
section eighteen of this Act fails to submit a required report within
thirty days from the time it is last due, he shall be fined in a sum
not exceeding five pesos.
(f) Failure to renew fisherman's license. — If a
fisherman fails to renew within sixty days from the expiration thereof
the license granted in accordance with section twenty-two of this Act
or return same within that period, he shall be fined in the amount not
less than one nor exceeding two pesos.
(g) Transfer of ownership or lease shall be reported.
— The owner and operator of a commercial fishing boat licensed in
accordance with section eighteen of this Act, transferring or leasing
such boat shall report the transfer or lease within ten days to the
Director of the Bureau or office concerned, otherwise he shall be fined
in the amount not exceeding ten pesos.
(h) Vessel engaging in fishing without license. — Any
vessel engaging in fishing, without having procured the requisite
license therefor, shall be fined in a sum not exceeding two hundred
pesos for each month of operation without license.
(i) Other violations. — Violations not herein above
provided may be compromised as each case may warrant upon the
recommendation of the official or chief of the Bureau, office or
service concerned, but in no case shall the fine be less than ten per
centum of the amount of fine prescribed therefor, either in the law or
regulation.
(j) Court action. — Action in accordance with section
seventy-eight or other penal provision of this Act shall be taken if
the official or chief of the Bureau, Office or service concerned or the
Secretary of Agriculture and Commerce 70 decides. 71
SECTION 81. Penalties for Illegal Taking of Sponges.
— (a) Any person who shall fish, collect, gather, sell, exchange, ship
or export sponges in violation of the provisions of Article VII of this
Act shall be liable to prosecution and upon conviction shall suffer the
penalty of a fine of not less than twenty pesos and not more than five
hundred pesos for each offense, or by imprisonment not exceeding six
months, or by both such fine and imprisonment, in the discretion of the
court.
(b) In case any association or corporation shall
violate or cause to be violated any provision of Article VII of this
Act, such association or corporation, upon conviction thereof shall be
punished by a fine of not less than one hundred pesos and not more than
one thousand pesos for each offense, and any person, member, or
employee of any association or corporation who shall violate or cause
to be violated any provisions of said article, or shall aid, abet, or
assist in such violation, or shall voluntarily permit the same, upon
conviction thereof, shall be punished by a fine not exceeding five
hundred pesos for each offense, or by imprisonment not exceeding six
months, or by both such fine and imprisonment, in the discretion of the
court.
(c) Any person found taking commercial sponges of
less than ten centimeters through any diameter from the waters of the
Philippine Islands, except for purposes of sponge culture within
Philippine waters, shall, in addition to the penalties provided in this
section, suffer the penalty of the forfeiture of the concession and
confiscation by the Government of the entire shipment in which found.
Sec. 82. Failure to Report Kind and Quantity of
Fish Caught. — Willful failure by any licensed fisherman to render a
report of the kind and quantity of fish caught, as provided in section
seventy-two of this Act, shall subject the offender to the payment of a
fine of not less than ten nor more than one hundred pesos for each
offense, and to the revocation or cancellation of his license. 72
Sec. 83. Other Violations. — Any other violation
of the provisions of this Act or of any rules and regulations
promulgated thereunder shall subject the offender to a fine of not more
than two hundred pesos, or imprisonment for not more than six months,
or both, in the discretion of the court.
CHAPTER VI
Final Provisions
ARTICLE XV
Effectiveness of this Act
Sec. 84. Repealing Clause. — All acts,
administrative orders and regulations, or parts thereof, inconsistent
with the provisions of this Act, are hereby repealed.
Sec. 85. Date of Taking Effect. — This Act shall
take effect on its approval.
Approved: December 5, 1932.
Footnotes
* As amended by CA
115, CA 297, CA 471, RA
294, RA 462, RA 659 and RA 1088.
1. The
Philippine Fisheries Commission is the
government agency charged with the enforcement of this statute under RA
3512.
1a. Now
Philippine Fisheries Commission.
2. Words in
bold in the text above are
amendments introduced by RA 659, section 1, approved June 16, 1951.
Statutory History of section
4:
a) Original
text —
SECTION
4. Instructions, Orders, Rules and
Regulations. — The Secretary of Agriculture and [Natural Resources]
shall from time to time issue [such] instructions, orders, rules and
regulations consistent with this Act, as may be necessary and proper to
carry into effect the provisions thereof and for the conduct of
proceedings arising under such provisions. (Ed. Note: Words in brackets
were deleted in CA 471, infra.)
b) Words in
bold in the text immediately following
are amendments introduced by CA 471, section 1, approved June 16, 1939.
SECTION 4. Instructions, Orders, Rules and
Regulations. — The Secretary of Agriculture and [Commerce] shall from
time to time issue instructions, orders, rules and regulations
consistent with this Act, as may be necessary and proper to carry into
effect the provisions thereof and for the conduct of proceedings
arising under such provisions; and all licenses, permits, leases, and
contracts issued, granted or made herein shall be subject to the same.
All ordinances, rules or
regulations pertaining to fishing or fisheries
promulgated or enacted by provincial boards, municipal boards or
councils, or municipal district councils shall be submitted to the
Secretary of Agriculture and [Commerce] for approval. (Ed. Note: Words
in brackets were deleted in RA 659, supra.)
3. Now Philippine Fisheries Commission.
4. Words in bold in the text above are
amendments introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
5:
Original text —
SECTION 5. Deputies Authorized to Enforce Provisions
of this Act. — Members of the Philippine Constabulary; members of
municipal and municipal district police; members of the secret service
force, inspectors, guards, wharfingers of the customs service; and such
internal-revenue agents, officers of coast guard cutters and lighthouse
keepers, and other competent officials, employees or persons as may be
designated in writing by the Secretary of Agriculture and [Natural
Resources] are hereby made deputies of said Department Head, with full
power and authority to enforce the provisions of this Act and the
regulations promulgated thereunder and to arrest offenders against the
same. (Ed. Note: Words in brackets were deleted in CA 471, supra.)
5. See RA 3046 for the baselines of the
territorial sea of the Philippines.
5a. Now
Philippine Fisheries Commission.
5b. Id.
5c. Id.
6. Now Secretary of Agriculture and Natural
Resources.
6a. Now
Philippine Fisheries Commission.
6b. Id.
6c. Id.
7. Words in bold in the text above are
amendments introduced by RA 1088, section 1, approved June 15, 1954.
Statutory History of section
11:
Original text — The original
provisions of section 11, being similar to
the amended provisions supra, except for the words in bold, are not
reproduced here.
7a. See Act
2255, prohibiting the manufacture,
possession and sale of dynamite.
8. Now Philippine Fisheries Commission.
8a. Abolished under Executive Order No. 393, series
of 1950.
9. Words in bold in the text above are
amendments introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
12:
Original text —
SECTION 12. Prohibition of the Use of Explosives in
Fishing. — The use of dynamite or other explosives for the stupefying,
disabling, killing or taking of fish or other aquatic animals, or under
water for any purpose except in the execution of bona fide engineering
work and the destruction of wrecks or obstructions to navigation; or
the gathering by any means of the fishes or other aquatic animals
stupefied, disabled or killed by the action of dynamite or other
explosives shall be unlawful: Provided, That the use of mechanical
bombs for killing whales, crocodiles, sharks or other large dangerous
fishes, may be allowed, subject to the approval of the Secretary of
Agriculture and [Natural Resources] and the Secretary of the Interior:
[And provided, further, That the Secretary of Agriculture and Natural
Resources, with the concurrence of the Secretary of the Interior, may
issue permits for the use of explosives] in taking fish or other
aquatic animals, in limited numbers for scientific purposes only.
Permittees must be ready at all times to exhibit permits on demand by
any peace officer or deputy authorized in section five hereof to
enforce the provisions of this Act. (Ed. Note, Words in brackets were
deleted in CA 471, supra.)
10. Now
Philippine Fisheries Commission.
11. Id.
12. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
13:
Original text —
SECTION 13. Protection of Fry or Fish Eggs. — Except
for scientific or educational purposes or for propagation, it shall be
unlawful to take or catch fry or fish eggs and the small fish, not more
than three centimeters long, known as siliniasi, in the territorial
waters of the Philippine [Islands.] Towards this end, the Secretary of
Agriculture and [Natural Resources) shall be authorized to provide by
regulation such restrictions as may be deemed necessary to be imposed
on the use of any fish net or fishing device, for the protection of fry
or fish eggs: Provided, however, That the Secretary of Agriculture and
Natural Resources shall permit the taking of the young of certain
species of fishes, known as ipon, under such restrictions as may be
deemed necessary. (Ed. Note: Words in brackets were deleted in CA 471,
supra.)
13. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
14:
Original text — The original
provisions of section 14, being similar to
the amended provisions supra, for the words in bold, are not reproduced
here.
14. Now
Philippine Fisheries Commission.
15. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History at section
15:
Original text —
SECTION 15. Importation of Foreign Fish, Mollusk,
Crustacean, etc. — The importation into the Philippine Islands of any
foreign fish, mollusk, crustacean, or amphibian or other aquatic animal
for [the purpose of] propagation shall be effected only through a
special permit from the Secretary of Agriculture and [Natural
Resources.] An application for permit shall be presented at least
twenty days prior to the probable date of arrival of such fish,
mollusk, crustacean, or amphibian, or other aquatic animal. [If
imported without such special permit, such foreign fish, mollusk,
crustacean, or amphibian, or other aquatic animal shall, upon arrival
at any port of the Philippine Islands, be confiscated or returned at
the expense of the owner, person, firm or corporation having charge or
possession thereof. Nothing in this section, however, shall restrict
the importation of natural history specimens for museums or scientific
collection, and all importations hereunder shall be subject to
inspection and such quarantine measures as may be considered necessary
for the protection of plant and animal life in the Philippine Islands.)
(Ed. Note: Words in brackets were deleted in CA 471, supra.)
15a. Now
National.
16. Now
President of the Philippines.
16a. Now
Philippine Fisheries Commission.
16b. Now
National Fisheries.
17. Now
Philippine Fisheries Commission.
18. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
18:
Original text —
SECTION 18. Annual Fee on Operation of Boat. — The
Secretary of Agriculture and [Natural Resources] is hereby empowered to
issue to the proper parties licenses for [the] operation of powered
vessels of more than three tons gross [for the catching of fish] in the
territorial waters of the Philippine [Islands,] upon the payment of an
annual fee of not less than [five] pesos nor more than two hundred
pesos [before the first day of April of each year] for every vessel
subject to taxation under this Act: Provided, That the catching of fish
under the licenses issued herein shall be subject to the limitations,
restrictions, and penalties imposed by this Act: [And provided,
further, That sailing or rowed vessels not towed nor operated in
connection with the power-propelled vessels or any other craft of not
more than three tons gross towed by power-propelled launches or vessels
shall be exempt from the payment of the fees provided herein] (Ed.
Note: Words in brackets were deleted in CA 471, supra.)
18a. Now
Philippine Fisheries Commission.
18b. Id.
18c. See
Article XVII of the Constitution of the
Philippines.
19. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
21:
Original text —
SECTION 21. License for Offshore Fishing [not
Precluding] Municipal Grant of Fishery. — [The granting of licenses to
operate vessels for the catching of fish shall not preclude the rights
of municipal councils to grant the exclusive privilege of erecting fish
corals or operating fishponds in any zone or area] within three
nautical [or geographical] miles from the [coasts] line: [Provided,
That the catching of fish by vessels of more than three tons gross
within the boundaries of municipal waters shall be subject to the
requirements of this article: Provided, further, That no license
granted hereunder shall operate within] two hundred meters of any fish
coral licensed by a municipality, except if the licensee is the same
person authorized by the municipality to operate such fish coral. (Ed.
Note: Words in brackets were deleted in CA 471, supra.)
20. Now
Philippine Fisheries Commission.
20a. See
Article XVII of the Constitution of the
Philippines.
21. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
22:
Original text —
SECTION 22. Fisherman's License and License Fee. — No
person shall be employed or engaged [as fisherman] on a vessel of more
than three tons gross [for the] commercial [catching of fish] unless he
is provided with a fisherman's license. Such license shall be issued by
the Secretary of Agriculture and [Natural Resources] upon the payment
of an annual fee of twenty centavos [before the first day of April of
each year.) No license as fisherman to work on vessels [for the]
commercial [catching of fish] shall be issued, except to citizens of
the Philippine [Islands] or of the United States or of countries the
laws of which grant similar rights to citizens of the Philippine
[Islands.] Provided, however, That aliens engaged in fishing on vessels
of more than three tons gross at the time this Act goes into effect
shall be licensed under the provisions of this Act so long as they have
not been guilty of any violation of this Act or the customs laws or the
regulations promulgated thereunder. (Ed. Note: Words in brackets were
deleted in CA 471, supra.)
22. Now
Philippine Fisheries Commission.
23. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
23:
Original text —
SECTION 23. Fees for Fish Caught. — The Secretary of
Agriculture and [Natural Resources] may by regulation fix the fees to
be collected for fish caught at a rate of not less than one peso nor
more than three pesos per ton, gross weight, [or one per centum of the
selling price thereof] as well as the manner of their collection:
Provided, That only one fee shall be collected: And provided, further,
That said regulations shall not interfere with the free movement and
disposition by any person of fish caught in accordance with the
provisions of this article. (Ed. Note: Words in brackets were deleted
in CA 471. supra.)
24. Inserted by CA 471, section 3, approved June 16,
1939.
24a. See
Article XVII of the Constitution of the
Philippines.
24b. Now
Philippine Fisheries Commission.
24c. Id.
25. Words
in bold in the text above am amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
26:
Original text — The original
provisions of section 26, being similar to
the provisions supra, except for the words in bold, are not reproduced
here.
26. Now
Philippine Fisheries Commission.
27. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
27:
Original text —
SECTION 27. [First-class] Shell Diver's License. — A
[first-class] shell diver's license authorizing the holder to use
submarine armor in taking marine mollusca in Philippine waters, may be
issued to any person upon application filed with the Secretary of
Agriculture and [Natural Resources], or his authorized representative,
upon the payment of the required fee: Provided, That no such license
shall be issued to any person who does not possess the qualifications
required in section twenty-four of persons applying for licenses to
take marine mollusca, nor to any person who has been twice convicted of
violating the provisions of this article. This license unless revoked
for cause, shall be valid from date of issue for one year [only,] and
shall not be transferable. The taking from the sea bottom of any shell
of less than the legal size, as prescribed in section thirty-six
hereof, shall be sufficient cause for the cancellation of the license.
(Ed. Note: Words in brackets were deleted in CA 471, supra.)
28. Words
in bold in the text above are amendments
introduced by CA 471, Section 1, approved June 16, 1939.
Statutory History of section
28:
Original text — The original
provisions of section 28, being similar to
the amended provisions supra, except for the words in bold, are not
reproduced here.
28a. Now
Surigao del Sur.
28b. Now
Quezon.
29c. Now
Philippine Fisheries Commission.
28d. Id.
28e. Id.
28f. Id.
28g. Id.
28h. Id.
28i. Id.
28j. Id.
29. Id.
30. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
36:
Original text —
SECTION 36. Power to Fix Minimum Sizes of Shells. —
The Secretary of Agriculture and [Natural Resources] shall fix minimum
sizes for the shells which may be taken in Philippine waters of any [or
all of the following) species, [to wit:]
[Pinctada] maxima (Jameson),
commonly known as the gold-lip pearl shell
or "concha blanca";
[Pinctada] margaritifera
(Linnaeus), commonly known as the black-lip
shell or "concha negra";
Trochus [niloticus] Linnaeus,
commonly known as the smooth top shell,
[trochus] shell, "simong" or "trocha";
Trochus maximus Koch,
commonly known as the rough top shell, trochus
shell, "simong" or "trocha";
Turbo marmoratus Linnaeus,
commonly known as the green snail shell,
turban shell, "lalong" or "bolalo".
After such restriction shall
have been imposed, it shall be unlawful
for any person to take, sell, transfer, or have in possession for any
purpose any shell or valve of a smaller size than the minimum
prescribed for the particular species.
Any undersized shell removed
from the water through accident or in
ignorance of its size shall be returned to the water immediately
without being opened; otherwise, the offender shall be penalized, in
accordance with the penal provisions of this Act. (Ed. Note: Words in
brackets were deleted in CA 471, supra.)
31. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
38:
Original text —
SECTION 38. Limitation to [Fish,] Collect or gather
Sponges. — Except as provided in this article, no person, association
or corporation shall be allowed to [fish,] collect or gather sponges
from the sea bottom or reefs [within] the territorial waters [of] the
Philippine [Islands.] (Ed. Note: Words in brackets were deleted in CA
471, supra.)
31a. Now
Philippine Fisheries Commission.
31b. See
Article XVII of the Constitution of the
Philippines.
31c. Now
Philippine Fisheries Commission.
31d. Id.
32. Id.
33. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
42:
Original text —
SECTION 42. Concessions for Sponging Privileges. —
Concessions granted in accordance with this article [shall be for the
sponging privileges exclusively,] shall run for a period of not to
exceed twenty years, and shall not interfere with the free passage over
the area under concession of boats or vessels, nor in any way prevent
the unrestricted [fishing,] by other persons [over] the said area, [for
marine forms other than sponges:] Provided, however, That, subject to
confirmation by the Secretary of Agriculture and [Natural Resources,]
the official or chief of the bureau, office or service designated to
carry out the provisions of this Act, may select from any concession,
[without charge,] adequate areas of [foreshore] and waters for the
cultivation of sponges or other marine forms for the purpose of any
Government experiment station or school [located on or adjacent to any
concession.] (Ed. Note: Words in brackets were deleted in CA 471,
supra.)
34. Now
Philippine Fisheries Commission.
34a. Now
National Treasury.
35. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
43:
Original text —
SECTION 43. Annual Concession Fee. — An annual
concession fee at the rate of not exceeding one hundred pesos per
square kilometer [which shall be due on the first of January of each
year,] and, if tendered in quarterly installments, on or before the
twentieth of January, April, July and October, or on or before the last
days of said months in remote provinces, in the discretion of the
Secretary of Agriculture and [Natural Resources,] shall be received
without penalty. If the fee due on any concession is not paid within
the period in which the payment may be received without penalty, the
amount of the same shall be increased by ten per centum, the increment
to be part of the fee. Should the concession fee remain delinquent
fifty days after the same becomes due, the concession shall be
cancelled, without prejudice to criminal proceedings against the
delinquent concessionaire, under the penal provisions of this Act.
Of the sums collected under
and by virtue of this section, twenty per
centum shall accrue to the Insular Treasury and forty per centum to the
province and municipality, respectively, in which the concession is
located. In case a concession should be included within two or more
provinces or municipalities, the distribution between the different
provinces and municipalities shall be made in proportion to the areas
of the concessions included within the respective provinces and
municipalities as aforesaid. (Ed. Note: Words in brackets were deleted
in CA 471, supra.)
36. Now
Philippine Fisheries Commission.
37. Id.
38. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
45:
Original text —
SECTION 45. Statement of Sponges Collected. — All
concessionaires and prospectors, duly authorized, shall keep complete
statements of the sponges collected showing the amount of each quality,
size, [and variety.] Such statements shall be examined and verified by
any of the officers designated in section five hereof by the Secretary
of Agriculture and [Natural Resources] to enforce the provisions of
this Act, at any port where the concessionaires or prospectors may
desire to dispose of the sponges. When the sponges have been inspected
the officer shall note the fact on the face of the statement, sign his
name thereon and then forward such statements to the official, bureau,
office or service designated by the Secretary of Agriculture and
[Natural Resources] to enforce the provisions of this Act. (Ed. Note:
Words in brackets were deleted in CA 471, supra.)
38a. Now
Philippine Fisheries Commission.
39. Now
Philippine Fisheries Commission.
40. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
50:
Original text — The original
provisions of section 50, being similar to
the amended provisions supra, except for the words in bold are not
reproduced here.
40a. See
Article XVII of the Constitution of the
Philippines.
40b. Now
Philippine Fisheries Commission.
40c. Id.
40d. Id.
40e. Id.
40f. Id.
40g. Id.
40h. Id.
40i. Id.
40j. Id.
40k. Id.
40l. Id.
40m. Id.
40n. Id.
40o. Id.
41. Id.
41a. Act
3674 was repealed by the Administrative Code.
42. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
63:
Original text —
SECTION 63. Fishpond Permits or Lease Agreements
within Forest. — Permits or leases entitling the holders thereof, for a
certain stated period of time not to exceed twenty years, to enter upon
definite tracts of a public forest land to be devoted exclusively for
fishpond purposes, or to construct within tidal, mangrove and other
swamps, ponds and streams within public forest lands or proclaimed
timber lands or established forest reserves may be issued or executed
by the Secretary of Agriculture and [Natural Resources,] subject to the
restrictions and limitations imposed by the forest laws and
regulations, to such persons, associations or corporations as are
qualified to utilize or take forest products under Act Numbered
Thirty-six hundred and seventy-four. (Ed. Note: Words in brackets were
deleted in CA 471, supra.)
43. Now
Philippine Fisheries Commission.
44. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
64:
Original text —
SECTION 64. Obstruction to Navigation. — Nothing in
this article shall be construed as permitting the lessee or permittee
to obstruct the free navigation of any stream adjoining or flowing
through the area, nor prohibit or interfere with the passage of people
along such streams or the banks thereof, nor impede the flow and ebb of
the tide to and from the interior of the swamps: [Provided, however,
That this provision shall not apply to the construction of fishponds in
mangrove swamps or marshes suitable for the construction of the same.]
(Ed. Note: Words in brackets were deleted in CA 471, supra.)
44a. Now
National Government.
44b. Now
Philippine Fisheries Commission.
45. Words
in bold in the text above are amendments
introduced by RA 294, section 1, approved June 16, 1948.
Statutory History of section
86:
a) original
text —
SECTION 66. Appropriation for Research. — A sum not
to exceed one hundred thousand pesos yearly is hereby set aside from
the funds accruing to the [Insular] Government under [the provisions
of] this chapter, for the following purposes:
(a) For
scientific and economic work relative to the
fishes, sponges, and other aquatic resources of the Philippine
[Islands;]
(b) For the
diffusion of knowledge among the
fishermen of the Philippine [Islands;]
(Ed. Note: The provisions of
sub-paragraphs (c), (d), (e) and (f) and
the last paragraph being similar to the provisions as amended by CA
471, infra, except for the words in bold, are not reproduced here.
Words in brackets were deleted in CA 471, infra.)
b) Words in
bold in the text immediately following
are amendments introduced by CA 471, section 1, approved June 16, 1939.
SECTION 66. Appropriation. — [A] sum not to exceed
one hundred thousand pesos yearly is set aside from the funds accruing
to the National Government from the fees authorized to be collected
under this chapter including bonds that may be forfeited in accordance
with the provisions of this Act or regulations, rules, [and order]
promulgated thereunder, penalties and fines, and all revenue collected
from sales of fish and other aquatic products raised in fish farms,
experimental and demonstration stations established or which may be
established [under] this Act. [The money] appropriated [by this Act
shall] be disbursed by the proper officials, with the approval or the
Secretary of Agriculture and [Commerce,] for the following purposes:
(a) For
scientific and economic research work
relative to the fishes, sponges, and other aquatic resources of the
Philippines;
(b) For the
diffusion of knowledge among the
fishermen of the Philippines;
(c) For the
study, improvement, propagation of the
fishes and aquatic resources most suitable for Philippine waters;
(d) For the
establishment, maintenance and operation
of experimental stations, farms, aquariums, and fish culture
laboratories;
(c) For
giving practical instruction in the culture
of fishes and other aquatic resources, in the most economic and
efficient manner of fishing, in the preservation of fish and other
aquatic products, in the management of fisheries and canneries;
(f) For all
other purposes the object of which shall
be to foster, propagate, and protect fishes, shells, sponges and other
aquatic resources of the Philippines and carry out the provisions of
this Act.
Said sum shall be
appropriated annually in the Appropriation Act,
commencing with the [year nineteen hundred and thirty-four,] and shall
be available for the construction, maintenance, and repair of
buildings, vessels, dams and other [necessary structures; the purchase,
leasing or reservation of the] necessary land and building, the
purchase of apparatus, instruments, chemicals, supplies. and other
necessary material the salaries, wages, and travelling expenses of the
necessary personnel; and such other expenses as may be deemed necessary
to carry out the purposes of this Act in an effective and adequate
manner: Provided, That any unexpended balance of the fund collected and
herein appropriated at the end of each year shall not revert to the
National Treasury but shall be used for the purposes for which it was
appropriated. (Ed. Note: Words in brackets were deleted in RA 294,
supra.)
46. Now
Philippine Fisheries Commission.
47. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
67:
a) Original
text —
SECTION 67. Grant of Fishery. — A municipal council
shall have authority, for purposes of profit, to grant the exclusive
privilege of erecting fish corals or operating fishponds within any
definite portion, or area, of the municipal waters, as defined in
article two of this Act, to any citizen of the Philippine [Islands or
of the United States,] or any association or corporation of which at
least sixty-one per centum of the capital stock or of any interest in
said capital stock belongs wholly to citizens of the Philippine
[Islands or of the United States and] which is organized and
constituted under the laws of the Philippine [Islands or of the United
States or of any State thereof and authorized to transact business in
the Philippine Islands, or to any citizen of any country the laws of
which grant similar rights to citizens of the Philippine Islands:]
[Provided, however, That all foreign persons, associations or
corporations who, at the time this law goes into effect have legally
obtained a municipal grant, license or permit to erect fish corals or
operate fishponds within municipal waters, may be granted renewals of
such grants, licenses or permits so long as they have not been guilty
of any violation of this Act, Article XXI of Chapter fifty-seven of Act
Numbered Twenty-seven hundred and eleven, known as the Administrative
Code, or the regulations promulgated thereunder:] Provided, [also,]
That no individual, association or corporation granted a municipal
grant, license or permit shall be authorized to transfer or assign its
or his interest or sell its or his stock directly or indirectly to
persons, associations or corporations not qualified to hold a municipal
grant, license or permit under the terms of this chapter, under penalty
of forfeiture of its or his grant, license or permit: Provided,
further, That a transfer made by a stockholder or member of an
association or corporation of his stock or interest in violation of the
provisions hereof shall not be cause of the forfeiture of the grant,
license or permit of such association or corporation, but said transfer
shall be null and void and shall not be registered in the books of such
association or corporation. (Ed. Note: Words in brackets were deleted
in CA 115, infra.)
b) Words in
bold in the text immediately following
are amendments introduced by CA 115, section 1, approved November 3,
1936.
SECTION 67. Grant of Fishery. — A municipal council
shall have authority, [for purposes of profit,) to grant the exclusive
privilege of erecting fish corals, or operating fishponds, or taking or
catching "bangus" known as "kawag-kawag," within any definite portion,
or area, of the municipal waters, as defined in article two of this
Act, to any citizen of the Philippines or any association or
corporation of which at least sixty-one per centum of the capital stock
or of any interest in said capital stock belongs wholly to citizens of
the Philippines [and which is organized and constituted under the laws
of the Philippines:] Provided, That no individual, association or
corporation granted a municipal grant, license or permit shall be
authorized to transfer or assign its or his interest or sell its or his
stock directly or indirectly to persons, associations or corporations
not qualified to hold a municipal grant, license or permit under the
terms of this chapter, under penalty of forfeiture of its or his grant,
license or permit: Provided, further, That a transfer made by a
stockholder or member of an association corporation of his stock or
interest in violation of the provisions hereof shall not be cause of
the forfeiture of the grant, license or permit of such association or
corporation, but said transfer shall be null and void and shall not be
registered in the books of such association or corporation. (Ed. Note:
Words in brackets were deleted in CA 471, supra.)
48. Now
President of the Philippines.
49. Now
Philippine Fisheries Commission.
50. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
69:
a) Original
text —
SECTION 69. Restriction upon Letting of Fishery to
Private Party. — When the privilege to erect fish corals or operate
fishponds is granted to a private party as herein above authorized, the
same shall be let to the highest bidder for the period of not [to
exceed] five years, or upon the previous approval of the provincial
board, for a longer period not exceeding twenty years, under such
conditions as shall be prescribed by the Secretary of Agriculture and
[Natural Resources.] (Ed. Note: Words in brackets were deleted in CA
115, infra.)
b) Words in
bold in the text immediately following
are amendments introduced by CA 115, section 2, approved November 3,
1936.
SECTION 69. Restriction upon Letting of Fishery to
Private Party. — When the privilege to erect fish corals, or operate
fishponds, or take or catch "bangus" fry, known as "kawag-kawag" is
granted to a private party as herein above authorized, the same shall
be let to the highest bidder for a period not exceeding five years, or,
upon the previous approval of the provincial board, for a longer period
not exceeding twenty years, under such conditions as shall be
prescribed by the Secretary of Agriculture and Commerce.
51. Now
Philippine Fisheries Commission.
52. Now
Philippine Fisheries Commission. Words in
bold in the text above are amendments introduced by CA 471 section 1,
approved June 16, 1939.
Statutory History of section
70:
a) Original
text —
SECTION 70. License Tax upon taking of Fish in
Municipal Waters. — A municipal council [which has not granted the
exclusive privilege of erecting fish corals or operating fishponds in
municipal waters, may impose a license tax upon] the privilege of
taking fish in [such] waters with nets, traps, or other fishing tackle,
upon persons qualified according to section sixty-seven hereof, except
those already licensed under article five of this Act: Provided, That
no such license shall confer an exclusive right of fishery; that the
imposition of this license tax upon this privilege shall be levied only
once in any given year upon any fisherman; that the levy is to be made
by the municipality wherein the fisherman is a resident; and that the
possession and exhibition of receipts evidencing payment of the license
tax shall entitle the fisherman to fish in any municipal waters in the
Philippine [Islands, in which the exclusive privilege of fishery has
not been granted to any other person or persons:] Provided, however,
That in case the fee in the municipality where the fisherman desires to
fish is greater than the fee in the municipality where he obtained his
license, the former municipality may collect from him the difference
between the two fees. (Ed. Note: Words in brackets were deleted in CA
115, infra.)
b) Words in
bold in the text immediately following
are amendments introduced by CA 115, section 3, approved November 3,
1936.
SECTION 70. License Tax upon taking of Fish in
Municipal Waters. — A municipal council [shall grant] the privilege of
taking fish in [its municipal] waters with nets, traps, or other
fishing tackle, [with the exception of "bangus" fry, known as
"kawag-kawag," mentioned in sections sixty-seven and sixty-nine
hereof,] upon [payment of a municipal license tax, to] persons
qualified according to section sixty-seven hereof, except those already
licensed under article five of this Act: Provided, That no such license
shall confer an exclusive right of fishery; that the imposition of this
license tax upon this privilege shall be levied only once in any given
year upon any fisherman; that the levy is to be made by the
municipality wherein the fisherman is a resident; and that the
possession and exhibition of the receipt evidencing payment of the
license tax shall entitle the fisherman to fish in any municipal waters
in the Philippines: [Provided, however, That] in case the fee in the
municipality where the fisherman desires to fish is greater than the
fee in the municipality where he obtained his license, the former
municipality may collect from him the difference between the two fees.
(Ed. Note: Words in brackets were deleted in CA 297, infra.)
c) Words in
bold in the text immediately following
are amendments introduced by CA 297, section 1, approved June 9, 1938.
SECTION 70. License Tax upon taking of Fish in
Municipal Waters. — A municipal council [which has not granted the
exclusive privilege of erecting fish corals or operating fishponds in
municipal waters or taking or catching "bangus" known as "kawag-kawag,"
may impose a license tax upon the privilege of taking fish in such
waters with nets, traps, or other fishing tackle, upon] persons
qualified according to section sixty seven hereof except those already
licensed under article five of this Act: Provided, That no such license
shall confer an exclusive right of fishery; that the imposition of this
license tax upon this Privilege shall be levied only once in any given
year upon any fisherman; that the levy is to be made by the
municipality wherein the fisherman is a resident; and that the
possession and exhibition of receipts evidencing payment of the license
tax shall entitle the fisherman to fish in any municipal waters in the
Philippines, [in which the exclusive privilege of fishery has not been
granted to any other person or persons.] In case the fee in the
municipality where the fisherman [desires] to fish is greater than the
fee in the municipality where he obtained his license, the former
municipality may collect from him the difference between the two fees.
[Any licensee fishing in municipal waters shall be subject to the
terms, conditions, and limitations prescribed by municipal ordinances
governing the fishing therein, if any, as approved by the Secretary of
Agriculture and Commercial, or as may hereafter be similarly approved.]
(Ed. Note: Words in brackets were deleted in CA 471, supra.)
53. Now
Philippine Fisheries Commission.
54. Id.
55. Id.
56. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
72:
Original text —
SECTION 72. Report of Kind and [Quantity] of Fish
Caught and Prices for same. — For the purpose of gathering statistical
[returns] of fisheries, every [fisherman, licensed or unlicensed] shall
render a report in duplicate to the municipal treasurer once a [week]
of the kind and quantity of fish caught by him, and, if such fish are
marketed, the price received by him for same. Such report shall be made
on forms prescribed by the Secretary of Agriculture and [Natural
Resources.] One copy [of the report shall be sent by the municipal
treasurer] to the Secretary of Agriculture and [Natural Resources] or
his duly authorized representative. (Ed. Note: Words in brackets were
deleted in CA 471, supra.)
57. Now
President of the Philippines.
58. Now
Philippine Fisheries Commission.
59. Id.
60. Inserted by CA 471, section 3, approved June 16,
1939.
61. Now
Philippine Fisheries Commission.
62. Inserted by CA 471, section 3, approved June 16,
1939.
63. Id.
64. Now
President of the Philippines.
65. See
Preamble of RA 1355 for U.S. Philippine Trade
Agreement.
66. Now
Philippine Fisheries Commission.
67. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
75:
Original text —
SECTION 75. [Prohibition to Take Fish.] — All
streams, ponds and waters within national parks, botanical gardens,
communal forests and communal pastures are hereby declared fish
sanctuaries. It shall be unlawful for any person to take or kill in any
of the places aforementioned, or in any manner disturb or drive away
therefrom, any [fish, fry) or fish eggs. (Ed. Note: Words in brackets
were deleted in CA 471, supra.)
68. Words
in bold in the text above are amendments
introduced by RA 462, section 1, approved June 9, 1950.
Statutory History of section
76:
a) Original
text —
SECTION 76. Use of Obnoxious or Poisonous Substances,
or Explosives in Fishing. — Any person who shall use obnoxious or
poisonous substances or explosives in fishing in violation of the
provisions of sections eleven and twelve of this Act shall, for each
offense, be punished by a fine of not [less than five hundred pesos
nor] more than five thousand, and by imprisonment [for] not [less than
six months nor] more than five years, in the discretion of the court.
All poisons, explosives, boats, tackle, apparel, furniture, or other
apparatus used to aid in the violation of these provisions shall be
forfeited to the Government. (Ed. Note: Words in brackets were deleted
in CA 471, infra.)
b) Words in
bold in the text immediately following
are amendments introduced by CA 471, section 1, approved June 16, 1939.
SECTION 76. Use of Obnoxious or Poisonous Substances,
or Explosives in Fishing. — Any person who shall use obnoxious or
poisonous substances [or explosives] in fishing in violation of the
provisions of section eleven [and twelve] of this Act shall [for each
offense,] be punished by a fine of not more than five thousand pesos,
and by imprisonment [of ] not more than five years, or both, in the
discretion of the court. All [poisons,] explosives, boats, tackle,
apparel, furniture, [or] other apparatus used [to aid] in the violation
of [these provisions shall be forfeited to the Government.] (Ed. Note:
Words in brackets were deleted in RA 462, supra.)
69. Now
Philippine Fisheries Commission.
70. Id.
71. Words
in bold in the text above are amendments
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
80:
Original text —
SECTION 80. Compromise. — With the approval of the
Secretary of Agriculture and [Natural Resources,] the official or chief
of the bureau, office or service designated to carry out the provisions
of this Act may at any stage compromise any case arising under the
provisions [of Article VI hereof.] (Ed. Note: Words in brackets were
deleted in CA 471, supra.)
72. Word in
bold in the text above is an amendment
introduced by CA 471, section 1, approved June 16, 1939.
Statutory History of section
82:
Original text —
SECTION 82. Failure to Report Kind and Quantity of
Fish Caught. — Willful failure by any fisherman, [licensed or
unlicensed,] to render a report of the kind and quantity of fish
caught, as provided in section seventy-two of this Act, shall subject
the offender to the payment of a fine of not less than ten nor more
than one hundred pesos for each offense, and, [in the case of licensed
fisherman, also] to the revocation or cancellation of his license. (Ed.
Note: Words in brackets were deleted in CA 471, supra.)
|