[ Act No. 4003, December 05, 1932 ]
AN ACT TO AMEND AND COMPILE THE LAWS RELATING TO FISH AND OTHER AQUATIC RESOURCES OF THE PHILIPPINE ISLANDS, AND FOR AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in
Legislature assembled and by the authority of the same:
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."
Section 2. Application of provisions.-The provisions of this Act shall apply to all fishing and fisheries in Philippine waters.
Section 3. Executive officers charged with execution of this Act.-The Secretary of Agriculture and Natural Resources shall be 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 according therewith to such representatives, bureau, office or service as said Secretary may designate.
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.
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.
ARTICLE II.-Definitions
Section 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.
"Municipal waters", includes not only streams, lakes, and tidal waters included 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.
"Person", 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.
"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.
"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.
ARTICLE III.-General protective provisions
Section 7. Authority to declare and establish closed season.-The Secretary of Agriculture and Natural Resources shall have authority, subject to the approval of the Governor-General, to declare and establish a closed season for fish, shellfish, or any other aquatic animal specified by him.
Section 8. Duration of dosed season.-A closed season established by the Secretary of Agriculture and Natural Resources may be so defined as to cover a particular portion or portion 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.
Section 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.
Section 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 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.
Section 11. Prohibition of the use of obnoxious or poisonous substance 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 the same; or the placing of any such substance in fresh or marine waters of the Philippine Islands 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: Provided, however, That the Secretary of Agriculture and Natural Resources 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 of any peace officer or deputy authorized in section five hereof to enforce the provisions of this Act.
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.
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.
Section 14. Water pollution.-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 Philippine Islands any petroleum, acid, coal, or oil tar, lamp-black, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous material or substance, or any refuse, liquid or solid from any refinery, gas house, tannery, distillery, chemical works, mill or factory of any kind, or any sawdust, shavings slabs, edgings, or any factory refuse or any substance or material deletereous to fish or aquatic life.
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 tor 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 collections, 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.
ARTICLE IV.-Classification of fisheries
Section 16. Public fisheries 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.
(b) Municipal.
(c) Reserve.
The Governor-General, upon recommendation of the Secretary of Agriculture and Natural Resources, may, for reasons of public interest, transfer fisheries from one class to another.
CHAPTER II
INSULAR FISHERIES
ARTICLE V.-Deep-sea or offshore fishing
Section 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.
Section 18. Annual fee on operation of boat.-The Secretary of Agricultural and Natural Resources is hereby empowered to issue 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 rowed nor operated in connection with 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.
Section 19. Permit to operate vessels for scientific purposes.-A permit may be granted by the Secretary of Agriculture and Natural Resources 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 we 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 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.
Section 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: 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 nave caught fish in the territorial waters of the Philippine islands.
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 corrals or operating fishponds in any definite zone or area within three nautical or geographical miles from the coast line: Provided, That the catching of fish by vessels of more than three tons gross within the boundary 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 corral licensed by a municipality, except if the licensee is the same person authorized by the municipality to operate such fish corral.
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.
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.
ARTICLE VI.-Marine mollusca fisheries
Section 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, 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 oi 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 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.
Section 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. Licenses for taking marine mollusca, or the shells of such, shall be issued by the Secretary of Agriculture and Natural Resources, 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.
Section 26. Pearling boat license.-A pearling 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 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 the provisions of this article.
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 person 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 oi 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.
Section 28. Unlicensed diver.-It shall be unlawful for any vessel holding a pearling-boat license to employ any unlicensed diver.
Section 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.
Section 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
B. Surigao
C. Palawan
D. Antique
E. Capiz
F. Iloilo
G. Occidental Negros
H. Oriental Negros
I. Cebu
J. Bohol
K. Leyte
L. Samar
M. Masbate
N. Mindoro
O. Tayabas
P. Camarines Norte and Camarines Sur
Q. Albay
R. Sorsogon
S. Batangas
T. Cavite
U. Bataan
V. Zambales
W. Pangasinan
X. La Union
Y. Ilocos Sur
Z. Ilocos Norte
AA. Cagayan
BB. Isabela
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 would be B-2. These licenses shall be issued in serial order, beginning with number 1 for each pearling district.
Section 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 or by any 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.
Section 32. Special permit.-A special permit may be granted by the Secretary of Agriculture and Natural Resources 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.
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.
Section 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 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.
Section 34. Restrictions.-The Secretary of Agriculture and Natural Resources 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 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 under this section shall be final.
Section 35. Power to prescribe a scale of fees.-The Secretary of Agriculture and Natural Resources 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.
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 pearl 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.
Section 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
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.
Section 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 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 hereof 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, 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 or the provisions of Act Numbered Twenty-five hundred 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 their 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.
Section 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, 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.
Section 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, who, if he 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 all 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 in section five hereof to enforce the provisions of this Act.
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.
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.
Section 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 shall not be subject to renewal.
Under no circumstances shall more than fifty kilograms cleaned sponges be gathered under such temporary prospectors 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".
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 Agricultural 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.
Section 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 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.
Section 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, sidu sea bath sponge, grass sponge, and elephant-car sponge.
Section 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.
Section 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 "gan-gara" except in waters of more than thirty fathoms in depth.
Section 50. Proviso.-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.
ARTICLE VIII.-Hawksbill turtle fisheries
Section 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.
Section 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, 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 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.
Section 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 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. Licenses for taking hawksbill turtles shall be issued by the Secretary of Agriculture and Natural Resources, 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 nontransferab1e.
Section 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.
Section 55. Special permit.-A special permit may be granted by the Secretary of Agriculture and Natural Resources 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.
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.
Section 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 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.
Section 57. Restrictions.-The Secretary of Agriculture and Natural Resources 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 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 under this section shall be final.
Section 58. Power to prescribe license fee.-The Secretary of Agriculture and Natural Resources 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 clays before becoming effective. Such fee shall in no case be less than five pesos nor more than fifty pesos per annum.
Section 59. Power to fix minimum size of hawksbill turtles.-The Secretary of Agriculture and Natural Resources 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. Offenders shall be penalized, in accordance with the penal provisions of this Act.
Section 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.
Section 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 undersized hawksbill turtle.
(b) To Capture any hawksbill turtle by means of line and sinker.
Section 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 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
Section 63. Fishpond 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 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 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.
Section 64. Obstruction to navigation.-Miming 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: Prohibited, however, That this provision shall not apply to the construction of fishponds in mangrove swamps or marshes suitable for the construction of same.
ARTICLE X.-Collection of fees and application for research
Section 65. Collection of fees.-The fees authorized to be collected under this chapter and accruing to the Insular Government shall be paid to the official or chief of bureau, office or service designated by the Secretary of Agriculture and Natural Resources, 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.
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 research 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;
(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; and
(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 Philippine Islands and carry out the provisions of this Act.1aшphi1
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.
CHAPTER III
MUNICIPAL FISHERIES
ARTICLE XI.-Grant of fishery
Section 67. Grant of fishery.-A municipal council shall have authority, for purposes of profit, to grant the exclusive privilege of erecting fish corrals or operating fishponds within any definite portion, or area, of the municipal waters, as denned 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 corrals 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 ungrant, 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.
Section 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 freshwater 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, to the end that he may either adjust the boundary so as to settle the jurisdiction or recommend the passage of adequate legislation.
Section 69. Restriction upon letting of fishery to private party.-When the privilege to erect fish corrals 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.
Section 70. License tax upon taking of fish in municipal waters.-A municipal council which has not granted the exclusive privilege of erecting fish corrals 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.
Section 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.
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.
CHAPTER IV
RESERVE FISHERIES
ARTICLE XII. - Uses of reserve fisheries
Section 73. Fishing rights reserved for exclusive 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 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.
Section 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, 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.
ARTICLE XIII.-Fish sanctuaries
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.
CHAPTER V
PENAL PROVISIONS
ARTICLE XIV.-Penalties for violations of the provisions of this Act
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.
Section 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.
Section 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.
Section 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 shells shall be confiscated.
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.
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.
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.
Section 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
Section 84. Repealing clause.-All acts, administrative orders and regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed.
Section 85. Date of taking effect.-This Act shall take effect on its approval.
Approved, December 5, 1932.
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