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Section 1. Section s four, five, twelve, thirteen, fourteen, fifteen, eighteen, twenty-one, twenty-two, twenty-three, twenty-six, twenty-seven, twenty-eight, thirty-six, thirty-eight, forty-two, forty-three, forty-five, fifty, sixty-three, sixty-four, sixty-six, sixty-seven, sixty-nine, seventy, seventy-two, seventy-five, seventy-six, eighty, and eighty-two, of Act Numbered Four thousand and three are amended to read as follows. "Section 4. 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." "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 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 Commerce and the Secretary of the Interior
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." "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 Philippines. Towards this
end, the Secretary of Agriculture and Commerce 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 shall permit the taking of the young of
certain species of fishes known as ipon, and the species under such
restrictions as may be deemed necessary. "Section 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 materials deleterious to fish or aquatic
life." "Section 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. 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." "Section 18. Annual fee on
operation of boat. — The Secretary of Agriculture and Commerce is
hereby empowered to issue to the proper parties licenses for fishing
operation of powered 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 license 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." "Section 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." "Section 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 provide with a fisherman's
license. Such license shall be issued by the Secretary of Agriculture
and Commerce 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 otherwise
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 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 Filipino citizen,
shall be considered fishermen." "Section 23. Fees for fish caught.
— The Secretary of Agriculture and Commerce 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, 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." "Section 27. Shell diver's
license. — A shell diver's license authorizing the holder to use
submarine armor in taking marine molluscs or shell thereof in
Philippine waters, may be issued to any person upon application filed
with the Secretary of Agriculture and Commerce, 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 mollusks, nor to any person who has been twice
convicted of violating the provisions of this article: Provided,
further, That a person collecting marine mollusk 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 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." "Trochus niliticuss Linnaeus,
commonly known as the smooth top shell, trechus shell, "simong" or
"trocha"; "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." "Section 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 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." "Section 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, 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 canceled, 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. "Section 45. "Section 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 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. "Section 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 or his duly authorized
representative." "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 of
the Secretary of Agriculture and Commerce, for the following purposes: "(a) "(f) "Section 67. Grant of fishery. — A
municipal council shall have authority, to grant the exclusive
privilege of creating 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 licenses; 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 or his
duly authorized representative." "Section 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 year, or upon
the previous approval of the Secretary of Agriculture and Commerce 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. "Section 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, 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 water 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 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
of 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
mollusk, 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 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." "Section 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 or his duly authorized representative once a month of the
kind and quantity of the 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. 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 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." "Section 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 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. "Section 76. Use of obnoxious or
poisonous substances, or explosives in fishing. — Any person who shall
use obnoxious 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 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." "(a) "(d) "(g) "(j) Section 2. "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
fence catching or taking, handling 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 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." Section 3. "Section 73-A. Establishment of
communal fisheries. — The Secretary of Agriculture and Commerce 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
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. Section 4. |
Since 19.07.98.