COMMONWEALTH ACT NO. 471 - AN ACT TO AMEND ACT NUMBERED FOUR THOUSAND AND THREE ENTITLED "AN ACT TO AMEND AND COMPILE THE LAW RELATING TO FISH AND OTHER AQUATIC RESOURCES OF THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES" |
Section
1. Sections 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. "Section4.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 proceeding 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." "Section5. 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, wharfagers 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 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." "Section12. 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." "Section13. 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. "Section14. 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." "Section15. 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." "Section18. 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." "Section21. 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." "Section22. 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." "Section23. 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." "Section26. 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." "Section27. 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 fees for shells 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." "Section28. Unlicensed diver. – It shall be unlawful for any vessel holding a pearling or shell collecting boat license to employ any unlicensed diver." "Section36. Power to fix minimum sizes of shells. – The Secretary of Agriculture and Commerce shall fix minimum sizes for the shells which may be taken in Philippine waters of any species including the following: "Pinetada maxima (jameson), commonly known as the gold lip pearl shell or "concha blanca": "Pinetada margaritifera (Linnaeus), commonly known as the blap-lip pearl shell, or "concha negra": "Trochus niliticuss Linnaeus,
commonly known as the smooth top shell, trechus shell, "simong" or
"trocha"; "Trochus maximus Kock, 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." "Section38. 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." "Section42. 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." "Section43. 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. "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." "Section45.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 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 to enforce the provisions of this Act." "Section50. 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. "Section63. 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, 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. Renewal may be granted, but the combined period of the original lease and its renewals shall not exceed fifty years." "Section64. 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." "Section66. 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) 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, shell, 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 buildings, the purchase of apparatus, instruments, chemicals, supplies, and other necessary material, 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." "Section67. 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." "Section69. 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. "Section70. 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." "Section72. 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." "Section75. 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. "Section76. 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." "Section80. Compromise. – With the approval of 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 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 fishermen 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 he 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 regulations. "(j) Court
Action. – Action in accordance with section seventy-eight or other
penal provisions 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 decides." "Section82. 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 in the revocation or cancellation of his license." Section2. Section six of Act Numbered Four thousand and three is amended by adding the following paragraphs: "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." Section3. Four new sections are inserted in Act Numbered Four thousand and three to be known as sections twenty-three-A, seventy-three-A, seventy-three-B, and seventy-three-C which shall read as follows: "Section23-A. Fees for other aquatic products. – For aquatic products gathered or taken from public fisheries and not otherwise provided in market value thereof determined in the manner indicated below a fee of not more than ten per centum. "The market value of the various marine or aquatic products for which charges or fees may thus be made shall be determined from time to time by assessment by the Secretary of Agriculture and Commerce, the same to be published for the information of the public in the Official Gazette " "Section73-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. "Section73-B. Administration of communal fisheries. – Communal fisheries shall be administered by the Secretary of Agriculture and Commerce in such a way as to 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. "Section73-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 charge take fish or other fishery products which they need for personal purposes from any municipal waters." Section4. This Act shall take effect upon its approval. Approved: June 16, 1939. |