Instructions Regarding Awards of Fishery Privileges.pdf

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extracted text: Instructions Regarding Awards of Fishery Privileges (Sec. 398, Compilation of Provincfal Circulars) The following instructions are hereby has been made by the posting of no· issued tor the information and guidance tices at the municipal buiJdj.ng, the marof the officials concerned: ket and other conspicuous places as the (1) All government-owned fisheries, municipal council may determine and by unless weighty reasons are given to the a "bandillo" or town crier ten days becontrary, shall be let to the highest and fore the date of the auction. best bidder. (Section 2323 in connec- (7) In ca:ses where fisheries are to tion with sectiqn 2319, Adm. Code.) be let for a period exceeding one year, (2) The inhibition contained in sec- the resolution of. the council granting tion 2176 of the Administrative code the privilege to the successful bidder against the holding of pecuniary inte- shall be forwarded to the Secretary of rests in any mu·nicipal contract by mu· the Interior for approval, through the nicipal officials· applies to lease con- provincial treasurer, the provincial tracts of the privilege of fishery or the board and this Office 1soon after right to conduct fish-breeding grounds. its passage, so as to enable the council (3) In every municipality where to conduct the au'ction on or before the such fisheries exist, the municipal coun- end of November as provided in the cil thereof shall enact an ordinance clas· next preceding paragraph. In such sifying its fisheries by zo.nes or by ap- cases, no auction shall be held pending propriate names, f ixing the minimum advice of the approval of the Secretary price for which each fishery shall be of the Interior. Meanwhile, however, if let, and prescribing the procedure of the circumstances so require,to protect conducting the auction. ('Sections 2321 the interests of the municipality conand 2323, Adm. _ Code.) The municipal cerned, the notices and "bandillo" mentreasurer as fiscal officer of the muni· tioned in the preceding paragraph may cipality shall first be consulted and his be .published. opinion thereon obtained before such (8) In letting the privilege of ordinance is adopted. fi,;;hery or fish-breeding ground in ac( 4) A privilege of fishery or right cordance with the provisions of law t d cited above, the municipal council must b~ ~~~ f~~t aa p~i:~~r~~d~:~ ;:~~~~e;i~ require of the successful bidder, to innmg with the first day of the month of sure complia·nce with the terms and J conditions of the cotract, a bond in the anuary, or, upon the previous approval of the provincial board and the Sec- sum double the amount of his liability retary of) the Interior, for a lon<rer under such contract due for one year tu period not exceeding five years. (Sec- be executed by two or more p(m;ons tion 232·3 in connection with sect'on possessing real property assessed at nof 2319, Administrative Code.) less than the amount stated in the bond :rnd accompanied by a certificate fro~ (5) A new resolution or ordinance the municipal treasurer certifying to providing for the letting of fisheries 'the • sufficiency of 'the real .property effective in any year mu• st be enacted owned by the sureties on the bond. Mubv the municipal council in the month nicipal offiicials or employees hereby 0 '. October or ;-arlier of the y-2ar imme_ are prohibited from beinl! sureties on d1ately precedmg it. the bonds. · (6) Auction of fishery privileg'es (9) Based upon the conditions and shall he conducted not later than +he circumstances obtaining in each localiend of the month of November prior ty and the cu1stoms or practices oh· to the year in which the lease should served by fishery contractor.s and fishtake effect and no auctio·n shall be held ermen therein, the municipal council, unless sufficient publication of the same (1) Fonner Executive Burectu Pai::e 628 DECEMBER, 1V4D before holding the 1 public auction herein mentioned, may adopt an ordinance prescribing the maximum amount of fees the contractors or lessees shall ex'lct upon fishermen, with the view to protecting the general public which may suffer from exorbitant .prices. of fish. (10) ln no case shall the payment due or to be due under the contract be remitted, and no request for extension of time for the payme.nt thereof shall be granted except only in case of losses resulting from force majeure and provictetl that the • previous. approval of the Secretary of the Interior to the extension of time shall have bee.n obtained. (11) The privilege of fishing granted a private party by _ any l<;ical government shou1d not be understood as to carry with it the privilege of fishing by unlawful means, such as dynamite and poison. lf'trovincial governors. are specially requested to see that the provisions of sections 1 and 2 of Act No. 1499, as amended by Act No. 1685, and section 1 of Act No. 2255 are enforced to the letter in order to. avoid the pract.ice of fishing by unlawful means. iF'Or this purpose, proper instructions should be issued to municipal officia.Js who must be made to understand that any failure on their part to fulfill their duties in this regard will be severely dealt with. Provincial and municipal officials under the jurisdiction of the Executive Bureau (now Department of the Interior) are instructed to cooperate fully with the Constabulary and to do everything poss• ible to prevent the continuance of this practice. ( 12) In granting licenses for fishing by means of corrals or traps, municipal councils should make provisions in the ordinance for a free 1 passage of fish by lifting that portion of the corrals or dam which contains the pen or traps, for at .Jeast twenty-four consecutive hours each week. This will enable a reasonable number of fish to reach thE!ir ! S• pawning g.roundS'. Provisions should also be made to have a section of ('.he trapi so con~tructed that at can DECEMBER, 1949 readily be opened or closed to permit the passage· of launches and boats. Prov. Cirs. Nos. 153, 244, 245 c md Unwumbie1'ed Prov. C,J rs., Oct 3, 1921 ;Apr . 13 1925; June 26, 1924. ---oOo--EACH IN HIS PLACE by Angelo Patri Never before had a muskrat seemed beautiful-but then, the only ones I had ever seen had been removed far from their homes in the brookside. To be as lovely as it is in them .to be, all nature's creatures must be free, must dwell in .the place and the circumstances for which they were fitted in the beginning-bird in the sky, the fish in the sea, the man in his chosen field. My farmer f r i end is a most unhappy creature when he is forced to attend a social function. He wiggles and squirms until he gets behind a sheltering door and makes his escape at the first possible moment. On the farm he is another person. He stands like a monarch surveying his kingdom. He is the man he was intended to be, in the place that he knows to be his own. False ambition has not cheated him; greed has not blighted his Hou!; discontent has not robbed him of serenity; envy has not embittered him; peace has set the light of the Celestial City in his face, put power in his . mind and grace in his being. He is a Man. There is1 a place in this life where each of us fits. It is our mission to find it and glorify it. Compliments of M. Greenfield, Inc. E o·7J0>'ters of Philippine Hand made Em broide'ries 94-100 Lamayan, Sta. Ana, Manila c0S~~t~~s Trading Corporation I Dealers on Tires, Auto, Truck I And Tructor spare parts ·I And accessories =629 Quezon Boulevard=====~ Page 629
Date: 1949
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