Fisheries act (Act No. 4003 as amended by C. A. No. 471) [series].

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Part of The Local Government Review

Title: Fisheries act (Act No. 4003 as amended by C. A. No. 471) [series].
Language: English
Source: I (10&11) October-November 1949
Year: 1949
Subject: Fisheries act; Fisheries; Fishery management and the environment
Rights
Abstract: This Act provides for the protection and conservation of fishery resources such as the declaration of open and closed seasons, protection of fry or fish eggs, prohibition of the use of poisonous substances and explosives in fishing, and prevention of water pollution. The Act shall apply to fishing and fisheries in Philippine waters, including inland and marine waters.
Fulltext: FISHERIES ACT (Act No. 4003 as amended by C. A. No. 471) (Continued from July Number) ARTICLE XI.-Grnnt of fishery Commerce or his duly authorized repSEC. 67. Grnnt of fishery. - A reserntative.-(As amended l:f.1 C. A. municipal council shall have authority, 471-1) to grant the exclusive privilege of crectir..g fish corrals, or operating fishpor:ds, 01' taking or catching 'bafigus' fry kr.own as 'kawag-kawag', or fry oi ~ther species for propagation, within any definite portion:, or area, of the municipal watel's, as defined in article two of this Act, to any citizens of the Philippines or any association or corpcration of which at least sixty-one per centum of the capital 'stock or of anv interest in said capital stock b2lo~gs wholly to citizens of the Philippines; Provided, That no individual, association or corporation granted a '11linicipal grant, license or permit shall be authorized to transfer or asc<ign 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 trar:sfer made bv 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 corporati on. No fish corral or 'baclad' shall be co11structed within two hundred meters of another in marine fisheries or one htindred meters in fresh water fisheries, unless they belong to the same licensee; 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 ar:cl OCTOBER-NOVEMBER, Ja49 SEC. 68. Adjustment of matter of disputed jurisdiction over fishery. - 1Where fresh-water lakes are not inC:!uded within: the limits of any one municipality, or where freshwater or tidal streams form boundaries between municipalities, disputes which may ''rise as to the waters within which HDy municipality may exercise the a nthority hereinabove conferred shall be referred by the respective c'oundls of the municipalities concerned to the proper provincial boards, which bodv shall lay the facts, with its recommendation, before the Governor-Gereral, to the encl that he may Pither adiust the boundary rn as to settle the jurisdiction or recommend the passage of adequate legislation. SEC. 69. Restriction upon lettin!J of fisher11 to prfoate party. ____ Wlhen the privilege to errect fish corrals, construct or operate fishponds, or oyster culture beds, or take or catch 'bangus' fry, known as 'kawair-kawag', or of othPr species is granted to a private party as hereinabove nuthorizecl, the rnme shall be let to the highest bidder for a period not PxceeclinQ· five vearn, or, uponr the previous app1·oval of the provincial board, for a period not ex<'re:dinir ten vPars; or upon the previous approval of the Secretary of Agriculture and Commerce for a longer period but not exceeding twenty years: all these grants be under such conditions as shall be prescri,bed by the Secretary of Airriculture and Commerc~. (i_1s amended by C. A. (471-1) SEC. 70. License ta.1; upon talrinq of fish in municipal 11·ate1·s and fishing 1'esse/s. - A municipal council is empowered to promulgate, subject to the approval of the Secretary of AgriCctlture and Commerce, rules and rePage 513 gulations 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. An exclusive privilege for taking :same may be granted, upon payment of a municipal t:lx, to persons, qualified according to section sixty-seven hereof, except those aiready Hcensed 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 munkipality wherein the fisherman is a resident; r..nd that the possession and exhibition of the receipt fl'idencing payment of the license tax shall entitle the fishermen 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 muniCipa!fty w'here 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 beat and pearl diver's licenses, or for prospecting, collecting, or gathering sponges or other marir:e products : And provided, also, That no license vranted hereunder shall cpera:te within two hundred meters of. an(V constructed fish corral licensed by a municipality, except if the licensee is the owner or operator of the fish corrals, 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. ('As amended by C. ·A. 471-1.) Sec. 71. Application of general protective promisions.-Nothing in this cha·pter shall be construed as in any way preventing or interfering '\•ith the ap· Page 514 plication of general protective provisions specified in Article lII of this Act to all municipal grants licenses, or permits issued hereunder. Sec. 72. Report of fishe1·ies and quality of fish caught and prices for same. ·-J~'or the purpose of gathering statistical data of fisheries and fish caught every holder of commercial fishing license is.sued 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 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 !he Secretary of Agriculture and Commerce. Those licensed by the municipal· ity 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 cf fishery privileges and the corresi,.:m_ ding licenses issued, fee paid, quantit:· one! value of fish caught and such o:her information as he may be required. (As amended by C. A. 471-1.) CHAJPTER IV ARTICLE XII-Uses of reserve fishc,.ies Sec. 73. Fishing rights reserred for e:.:clusive use of the Government.-Upon the recommendation of the Secretary of Agriculture and Natural Resources, the Governor-General may designate by proclamation any area or areas in the 'Philippine waters as fishery reRervations for the exclusirn use of the Government of the Philippine Islands r.r 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 THE LOCAL GOVERNMENT REVIEW Agriculture and Commerce may set aside, as communal fishery for the particular use of the inhabitants of any municipality or municipal district, one or moi·e portions of municipal waters. Such assignment shall be preierably rr.ade from waters in the province of the community to be seJ:ved; but if there be no such water conwniently situated for the use .of sach community a communal fishery may be assigned for its use in a neighboring provin~e. If the public interests so require, the Secretary of Agricu"fture and Com· merce mav ch·ange the location or boundaries. of a communal fishery or c1i.~establish it altogether. A communal fisherv once established for such com· munal use shall not be leased. tAs inserted by C. A. 471·3.) Sec. 73JB. Administration of com. munal fisheries.-Communal fisher. ie~ :-hall· be administered by the Sec re. Luy of Agriculture and Commerce in rnch 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 liceme and free of charge be allowed. (,As inserted by C. A. 471 ·3). Sec. 73.C. Taking of fish for per.sonai use.-Residents of a place for which a communal fishery shall not have been set aside may, without IL cense and free of charge, take fish or other fishery products which they need for personal purposes from any muni· cipal waters. (As inserted by C. A. '471-3.) Sec. 74. Government fishery farms <'ml e:qJerimental stations.-The Sec· retary of Agriculture and Natural Re. sources is hereby authorized to estab· lish, equip, operate and maintain fishery farms, experimental station and other fishery projects in such places in 1.he Philippine Islands as may be deem· eel appropriate therefor and beneficial to the fishing industry, for the pur. poses of studying, surveying, conserv· ing, preserving and developing the fish, OCTOBER-NOVEMBER, 1949 shell, sponge, and other awatlc re· sources of the 'i''hilippine Islands. Subject to the approval of the Governor.General, the Secretary of Agri· culture 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 o.•: portion thereof, owned or reoerved 1'or or occapied by any fishery farm, experimental station or fishery project, for other more adequate or more desi1 able sites of private ownership or otherwise, under such terms and con. ditions as may be deemed fadvantageous to the government. No transaction of sale or exchange herein authorized sha!J be made except with citizens of the United States or of the Philippine Islands, or with associations or cor. porations duly registered or incorpor. a'ced under the laws of the Philippine Islands or of the United States or any State thereof and authorized to tr&nsact business in the Philippine Islands and at least sixty-one per cen· tum of whose capital stock or interest in said capital stock is owned who!Jy by c!tizens of the Philippine IslP.nds or of tLe United States. ARTICLE XIll.-Fish Sanctuaries Sec. 75. Fish refuges and sanctuaries. ~Upon the recommendation of the officials or chief of the bureau, office or service concerned, the ·Secretary of ?, griculture and Commerce may set Pside and establish fishery reserves or Lsh refuges and sanctuaries ·to be ad. m;nistered in the manner to be pres· cribed by him. All streams, ponds, and waters within the game refugees, birds sanctuaries national parks, botanical gardens, communal forests and communal pastures are hereby declared fish refuges and sanctua. ries. It shall be unlawful for any person to take, destroy, or kill in any of the places aforementioned, or in an\Y manner disturb or drive away or take therefrom, any fish fry or fish eggs. (As amended by C. A. 471·1) Sec. 76. Use of obnoxious or poisonPage 515 ous substances, or explosives in fishing. -Any persons who shall use obnoxious or poisonous suostances or exp10sives i11 fishing in violation of the provisions oI sections eleven and twelve of this Act shall for each offense, be punished by a fine of not more than t1ve thou· sand pesos, and ty imprisonment of :-iot more than five years, or both, in the discretion of the court. All poisons, explosives, boats, tackle, apparel, iurniture, or other apparatus used to aid in the violation of these provisions ~hali be forfeited to the Government. (As amended by C.A. 471-1.) Sec. 77. Reward to informer.-The ]lerson giving information that ·has led 1o the conviction of any p.erwn und2r the provisions of the next preceding section shalil receive one-half of the fille imposed, and it shali 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 jishmg rn deep-sea J 1sheries.-, __ ny person, associat1011 or corporation violati.ng any of the provisions of l rticle V of this Act or any ether regulation deriving force from its provisions shall be pur.1shed tor 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 cor!JOration, the president or manager 5hall be directly responsible for the acts of his employees or lnborers if it is proven that the latter acted with his knowledge; otherwise the responsibility shall extend only as far as fine is rancerned; Provided, further, That in the abs2nce of a known owner of the vessel, the master, patron or person in <' harge of rnch vessel shall be responsible for any violation of this Act: Ard provided, finally, That in case of a second offense, the vessel together with its tackle, apparel, furniture and stores ~hall be forfeited to the Government. Sec.79. Penalty for unlcrn'ful takinr1 of marine mollusca.-Anv person who "hall take marine molltEca, or an~· Page tilG shell or valve thereof, in Philippine w.uers contrary to any or tl1e !Jro.isior:s of Artic1e v I 01 this Act snail be punished by a fine of not more tnan one hundred pesos, or imprisonment for not more than one month, or LoLh, in the discretion of the court; and if the offense consists m the takmg, sellmg, o;· transferrmg of undersized shells, or t!te having of such in possession, the nifendeYs shall be fir:ed five pesos for each valve of any shell the subject of the illegal act, and such shell shall be confiscated. Sec. 80. Compromise.-v\ith the approval of the Secretary of Agriculture ar.d [Commerce] 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 thereof, sub.ie<:t to the following schedule of admL nistrative fines: (a) Vessel enterinq fishen; 1·eserre 01· closed ((Has.-·.;. ny vessel, licensed or unlicei:sed, 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 le filled in a sum not exceeding one hur.dred pesos. ( b) A i:ei;sel fishiug or continuinu to fish after the expirntion of the license. -A vessel continumg to fish within ;;i;...Ly clays from the aate of expirar1011 oI the license shall pay the ordinary annual license fee in full. 1A 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 remai11Js not renewed from the last renewal should have been secured. (c) Ve;:sel on ll'hich unlicensed fish< rmen ai·e cmployed.-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. THE LOCAL GOVERNMENT REVIEW ( d) Obstruction of boarding officer. --lf the master, owner, or operator of m1y ve::sel 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 provisiom of this Act or the regulations promulgated thereunder or shall intentionally cause any such of±L cers to be obstructed shall be fined in the amount not exceeding one hundred pesos and the license may be cancelled. (e) Failul'e to submit required i·e. poi·ts.-If the owner or operator, or the authorized agent of any vessel iicensed under section. eigMeen 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.-!£ 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 ow1w1·ship or lease shall be reported.-The owner and operator of a commercial fishing boat licensed in accordance with section eigh_ teen of this Act, transferring or leasing mch boat shall report the transfer or kase within ten days to the Director of the 'Bureau or office concerned, c,therwise 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 1·equisite license therefor, shall be fined in a sum not exceeding two hundred pesos for each month of operation with out 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 serYice con<:erned, but in no case shall the OCTOBER-NOVEMBER, 1949 fine be less. than ten per centum of the amount ot the nne prescnbed therefor, c1~her in the law or regulation. (j) Court action.-Actwn rn accordance with section seventy-eight or other penal provis10ns 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. (As amended by C'. A. 471-1.) Sec. 81. Fenalties for illegal taking fJf sponges.-(a) Any person who shall fi~h, collect, gather, sell:,\ exchange, ship or export spo111ges in violation of the proviswns of Article VII of this Act shall be liable to prosecution and upon conviction shall suffer the penaL ty of a fine of not less than twenty pesos and not more than five hundred pesos for each offense, or by imprison· ment not exceeding six months, or by both such fine and imprisonment, in the discretion of the court. (b) In case any association or corJioration shall violate or cause to be violated any provision of Article VII of this Act, such association or corporation, upon conviction thereof, shall he punished by a fine of not less than one hundred pesos and not more than (ll1e thousand pesos for each offense, and any perrnn, member, or employee of any association or corporation who shall violate or cause to be violated any provision of said article, or shall nid, abet, or assiRt 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 imprison· ment not exceeding six months, or by both, such fine and imprisonment, in tne 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, rnffer the penalty of forfeiture of the concession and confiscation by the Gov_ Page 517 ernment of the entire shipment in which found. Sec. 82. Failure to report kind and quantity of fish caught.~Wi11fu1 failure by any licensed fisherman to render a report of the kind and quantity of fi~h caught, as provided in section seventLtwo of this Act, shall subject th2 offender to the payment of a fine of not less than ten rior more than one hundred pesos for each offense, and to the re\·ocation or cancellation of his license. (As amended cy C. -~· 471-1.) Sec. 83. Othei: violation.-Any other Yiolation of the provisions of this Act or of any rules ar.d regulations promulgated thereunder shall subject the oL fender to a fine of not more than two hur:dred pesos, or imprisonment for not more than six months, or both, in the discretion of the court. CHAPTER VI FINAL !PROVISIONS ARTICLE XV .-Effectire11ess of this Act Sec. 84. Repealing clause.-All acts, [:dministrati ve orders and regulatior:·~, or parts thereof, inconsistent with the µrovi~ions of this Act, are hereby repealed. Sec. 85. Date of taking effect.-This Act shall take ertect on its apprornl. l ppro\·ed, December 5, 1932. ---oOo--EXECUTIVE . . _ (Continued from pa.r1e 510) PROVINCIAL OR MUNICIPAL NURSERIES, POLICY ON ESTABLISHMENT THEREOF.-As a matter of policy, this Office is not in fa rnr of establishing provincial or munic:pal nurseries on borrowed money, especially if there is no assurance of a continuing financial support from year to year for their prop.er maintenance ar:d operation. It is essential that such nur_ series be financed locally as the national government is not in a position to provide funds for them.-7th Ind., March IO, 1947, of Undersecretary of Aqviculturn and Commevce to the Sec. of the !11t. (Case of Alimodicm, Iloilo.) Pag·e 518 THE FIVE FREEDOMS FRANKLIN D. ROOSEVELT listed five objectives which must be realized before permanent world peace would be assured. 1. Freedom from fear, so that people will not be afraid of being bombed from the air or attacked by another nation. That, he said, means removal of the weapons which cause fear, or dis'll'IYl".ment. 2. Freedom of information. That is important, Mr. Roosevelt asserted, because the whole countn· must be able to get news of what is going on in ewry rart of the country and in everv part of the world, without censorship. He said that it meant not freedom of the press alone but freedom of every means of distributing information and that without it there could not be a stable world. 3. Freedom of reli1rion. Under democracies, the President said, this freedom has been maintained fairly well but not in countries living under other svstems of government. 4. Freedom of expression. A person should be free to voice his opinions, the President said, so long as he does not advocate overthrow of his government. 5. Freedom from want. That must be arcomplished, Mr. Roosevelt declared, bv removal of cultural and commercial barriers between nations. ---oOo--RIZAL ON ... (Continued from pa.ge 503) others. Which of the two is older? Are both branches of; one trunk no longer existing? This is what I shall investigate because I greatly distrust the Malay. Loleng (Blumentritt's daughter) would find Spanish more beautiful. It is more natural and more useful than the Tagalog. The continuous reduplications of word-forms in certain tenses uglify owr language. But when well spoken, the Tagalog can be just as good as any other language. It has a wealth of words for the feelings and actions of ordinarv life.-Rizal i1I his lettei· to Prnf. Blu1;1entritt frnm Dapitau, Febi·um·y n, 18!1.J. T.HE LOCAL GOVERNMENT REVIEW