[ Commonwealth Act No. 471, June 16, 1939 ]
AN ACT TO AMEND ACT NUMBERED FOUR THOUSAND AND THREE ENTITLED "AN ACT TO AMEND AND COMPILE THE LAW RELATING TO FISH AND OTHER AQUATIC RESOURCES OF THE PHILIPPINE ISLANDS, AND FOR OTHER PURPOSES"
Be it enacted by the National Assembly of the Act:
Section 1. Sections four, five, twelve, thirteen, fourteen, fifteen, eighteen, twenty-one, twenty-two, twenty-three, twenty-six, twenty-seven, twenty-eight, thirty-six, thirty-eight, forty-two, forty-three, forty-five, fifty, sixty-three, sixty-four, sixty-six, sixty-seven, sixty-nine, seventy, seventy-two, seventy-five, seventy-six, eighty, and eighty-two, of Act Numbered Four thousand and three are amended to read as follows.
"Section 4. Instructions, orders, rules and regulations. - The Secretary of Agriculture and Commerce shall from time to time issue instructions, orders, rules and regulations consistent with this Act, as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceeding arising under such provisions; and all licenses, permits, leases, and contracts issued, granted or made herein shall be subject to the same.
All ordinances, rules or regulations pertaining to fishing or fisheries promulgated or enacted by provincial boards, municipal boards or councils, or municipal district councils shall be submitted to the Secretary of Agriculture and Commerce for approval."
"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, wharfagers of the customs service; and such internal-revenue agents, officers of coast guard cutters and lighthouse keepers, and other competent officials, employees or persons as may be designated in writing by the Secretary of Agriculture and Commerce are hereby made deputies of said Department Head, with full power and authority to enforce the provisions of this Act and the regulations promulgated thereunder and to arrest offenders against the same. All such deputies shall have power to administer oaths and to take testimony in any official matter or investigation conducted by them touching any matter under the authority of this Act or regulation promulgated thereunder."
"Section 12. Prohibition of the use of explosives in fishing. - The use of dynamite or other explosives for the stupefying, disabling, killing or taking of fish or other aquatic animals, or under water for any purpose except in the execution of bona fide engineering work and the destruction of wrecks or obstructions to navigation; or the gathering by means of the fishes or other aquatic animals stupefied, disabled, or killed, by the action of dynamite or other explosives shall be unlawful: Provided, That the use of mechanical bombs for killing whales, crocodiles, sharks, or other large dangerous fishes, may be allowed subject to the approval of the Secretary of Agriculture and Commerce and the Secretary of the Interior in taking fish or other aquatic animals in limited numbers for scientific purposes only. Permittees must be ready at all times to exhibit permits on demand by any peace officer or deputy authorized in section five hereof to enforce the provisions of this Act.
"The possession and/or finding, of dynamite, blasting caps, and other explosives in any fishing boat shall constitute a presumption that the said dynamite and/or blasting caps and explosives are being used for fishing purposes in violation of this section, and that the possession or discovery in any fishing boat of fish caught or killed by the use of dynamite or other explosives under expert testimony shall constitute a presumption that the owner if present in the fishing boat or the fishing crew have been fishing with dynamite or other explosives."
"Section 13. Protection of fry or fish eggs. - Except for scientific or educational purposes or for propagation, it shall be unlawful to take or catch fry or fish eggs and the small fish, not more than three centimeters long, known as siliniasi, in the territorial waters of the Philippines. Towards this end, the Secretary of Agriculture and Commerce shall be authorized to provide by regulations such restrictions as may be deemed necessary to be imposed on the use of any fish net or fishing device, for the protection of fry or fish eggs: Provided, however, That the Secretary of Agriculture and Commerce shall permit the taking of the young of certain species of fishes known as ipon, and the species under such restrictions as may be deemed necessary.
"Section 14. It shall be unlawful to place, cause to be placed, discharge or deposit, or cause to be discharged or deposited, or to pass or place where it can pass into the waters of the Philippines any petroleum, acid, coal, or oil tar, lampblack, aniline, asphalt, bitumen or residuary product of petroleum or carbonaceous material or substance, molasses, mining, mill tailings, or any refuse, liquid or solid, from any refinery, gas house, tannery distillery chemical works, sugar central, mill or factory of any kind, or any sawdust, shavings, slabs, edgings, or any factory refuse or any substance or materials deleterious to fish or aquatic life."
"Section 15. Importation and exportation of fish, mollusks, crustaceans, etc. - The importation into and exportation from the Philippines of any fish, mollusks, crustaceans, or amphibian or other aquatic animal, adult, young or fry, or fish eggs for propagation or other purposes shall be effected only through a special permit from the Secretary of Agriculture and Commerce. An application for a permit shall be presented at least twenty days prior to the probable date of arrival or five days before exportation of such fish, mollusk, crustacean, or amphibian or other aquatic animals, for such permit a fee of not more than four pesos shall be paid. Failure to file the application within the time prescribed shall subject the importer to the payment of twice the ordinary fee and/or administrative fines as provided in section eighty hereof, without prejudice to criminal proceedings against importer or exporter under the penal provisions of this Act. For the inspection and prophylactic treatment of this importation a fee equivalent to two per centum of the declared value of the same shall be charged but such fee shall in no case be less than fifty centavos."
"Section 18. Annual fee on operation of boat. - The Secretary of Agriculture and Commerce is hereby empowered to issue to the proper parties licenses for fishing operation of powered vessels of more than three tons gross towed or operated in connection with power-propelled vessels in the territorial waters of the Philippines upon the payment of an annual fee of not less than two pesos nor more than two hundred pesos for every vessel subject to taxation under this Act: Provided, That failure of a license to secure a renewal or extension of his license and pay the annual fee on or before the last day of February of each year shall subject him to a surcharge of one hundred per centum based on the amount of the original fee, without prejudice to criminal proceedings against the delinquent licensee under the penal provisions of this Act: Provided, further, That all vessels less than three tons gross shall be licensed under the provisions of section seventy of this Act: And provided, also, That the catching of fish under the license issued shall be subject to the limitations, restrictions, and penalties imposed by this Act."
"Section 21. License for off-shore fishing and municipal grant of fishery. - No license granted in accordance with section eighteen of this Act shall operate within three nautical miles from the shore line and from two hundred meters of any fish coral licensed by a municipality pursuant to the provisions of section sixty-nine hereof, except if the licensee is the same person authorized by the municipality to operate such fish coral."
"Section 22. Fisherman's license and license fee. - No person shall be employed or engaged on or in connection with the operation of a vessel of more than three tons gross engaged in commercial fishing unless he is provide with a fisherman's license. Such license shall be issued by the Secretary of Agriculture and Commerce upon the payment of an annual fee of not less than twenty centavos nor more than one peso. Provided, however, That should certain fisherman attached to a fishing vessel become sick or otherwise incapacitated to perform work on said vessel, the owner may employ temporary personnel if they are qualified to hold a fisherman's license under this section. Failure of the licensed fisherman to pay the fee and secure a renewal of his license on or before the last day of February of each year shall subject him to a surcharge of one peso. No license, as fisherman, to work on vessels engaged in commercial fishing shall be issued, except to citizens of the Philippines or of the United States or of countries the laws of which grant similar rights to citizens of the Philippines; Provided, however, That aliens engaged in fishing on vessels of more than three tons gross at the time this Act goes into effect shall be licensed under the provisions of this Act so long as they have not been guilty of any violation of this Act or the customs laws or the regulations promulgated thereunder: Provided, further, That all persons employed in a fishing vessel, except the master and the engineer and the cook who shall be Filipino citizen, shall be considered fishermen."
"Section 23. Fees for fish caught. - The Secretary of Agriculture and Commerce may by regulation fix the fees to be collected for fish caught at a rate of not less than one peso nor more than three pesos per ton, gross weight, as well as the manner of their collection: Provided, That only one fee shall be collected; and provided, That said regulations shall not interfere with the free movement and disposition by any person of fish caught in accordance with the provisions of this article. Failure of the licensee to pay the fee required herein when due shall subject him a surcharging of one hundred per centum."
"Section 26. Pearling or shell-collecting boat license. - A pearling or shell-collecting boat license may, upon payment of the proper fee and subject to the conditions, restrictions and limitations specified in sections twenty-four and twenty-five hereof, be issued to the owner or operator of any vessel the registration or ownership of which is such as is prescribed for vessels engaging in the Philippine coastwise trade: Provided, That no such license shall be issued to any vessel owned or operated in whole or in part by a person who has been twice convicted of violating this article."
"Section 27. Shell diver's license. - A shell diver's license authorizing the holder to use submarine armor in taking marine molluscs or shell thereof in Philippine waters, may be issued to any person upon application filed with the Secretary of Agriculture and Commerce, or his authorized representative, upon the payment of the required fee: Provided, That no such license shall be issued to any person who does not possess the qualifications required in section twenty-four of persons applying for licenses to take marine mollusks, nor to any person who has been twice convicted of violating the provisions of this article: Provided, further, That a person collecting marine mollusk shells not exceeding five kilograms a day need no diver's license. This license unless revoked for cause, shall be valid from the date of issue for not more than one year shall expire on December thirty-one, and shall not be transferable.
"The fees for shells as provided in section twenty-three-A hereof shall be collected from the owners of pearling or shell collecting boats, licensed divers if not using any vessel, buyers or possessors of such shells, unless it can be proven by such buyers or possessors by proper documents or official receipts that the fees have already been paid by the collectors of such shells.
"The taking from the sea bottom of any shell of less than the legal size, as prescribed in section thirty-six hereof or regulations promulgated under this Act shall be sufficient cause for the cancellation of the license and confiscation of the bond deposit, if any."
"Section 28. Unlicensed diver. - It shall be unlawful for any vessel holding a pearling or shell collecting boat license to employ any unlicensed diver."
"Section 36. Power to fix minimum sizes of shells. - The Secretary of Agriculture and Commerce shall fix minimum sizes for the shells which may be taken in Philippine waters of any species including the following:
"Pinetada maxima (jameson), commonly known as the gold lip pearl shell or "concha blanca":
"Pinetada margaritifera (Linnaeus), commonly known as the blap-lip pearl shell, or "concha negra":
"Trochus niliticuss Linnaeus, commonly known as the smooth top shell, trechus shell, "simong" or "trocha";
"Trochus maximus Kock, commonly known as the rough top shell, trochus shell, "simong" or "trocha";
"Trochus moduliferus Lamarck, commonly known as "Hirose shell" or "Susong Babae";
"Torbo mormoratus Linnaeus, commonly known as the green snail shell, turban shell, "lalong" or "Bolalo."
"After such restriction shall have been imposed, it shall be unlawful for any person to take, sell, transfer, or have in possession for any purpose any shell or valve of a smaller size than the minimum prescribed for the particular species.
"Any undersize shell removed from the water through accident or in ignorance of its size shall be returned to the water immediately without being opened; otherwise, the offender shall be penalized, in accordance with the penal provisions of this Act."
"Section 38. Limitation to collect or gather sponges and other aquatic products. - Except as provided in this article, no persons, associations, or corporations shall be allowed to collect or gather sponges, seaweeds or other minor aquatic products from the sea bottom or reefs in the territorial waters on the Philippines. Persons gathering seaweeds, trepang, corals or other minor aquatic products, except sponges and certain species of the genus degenea for personal use even inside concessions, may be allowed, provided, that the daily amount of such products gathered by them does not exceed five kilograms."
"Section 42. Concessions for sponging and other privileges. - Concessions granted in accordance with this article shall run for a period of not to exceed twenty years, and shall not interfere with the free passage over the area under concession of boats or vessels, nor in any way prevent the unrestricted gathering or removal of products not specifically stated in the contract or license agreement by other persons from said area: Provided, however, That subject to confirmation by the Secretary of Agriculture and Commerce the official or chief of the bureau, office or service designated to carry out the provisions of this Act, may select from any concessions, adequate areas of offshore and waters for the cultivation of sponges or other marine forms for the purpose of any Government experiment station or school."
"Section 43. Annual concession fee. - The annual concession fee for sponges shall be at the rate of not exceeding one hundred pesos per square kilometer. For the other products the annual fee shall not exceed fifty-pesos per square kilometer or lineal kilometer of coast line of not more than a kilometer wide. Such fee shall be paid in advance and, if tendered in quarterly installments, on or before the twentieth of January, April, July and October, or on or before the last days of said months in remote provinces, in the discretion of the Secretary of Agriculture and Commerce, shall be received without penalty. If the fee due on any concession is not paid within the period in which the payment may be received without penalty, the amount of the same shall be increased by ten per centum, the increment to be part of the fee. Should the concession fee remain delinquent fifty days after the same becomes due, the original fee shall be increased by one hundred per centum and after six months the concession shall be canceled, and the bond deposit, if any, shall be confiscated, without prejudice to criminal proceedings against the delinquent concessionaire, under the penal provisions of this Act.
"A fee which may be determined as provided in section twenty-three-a hereof, shall be collected on products gathered and removed.
"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 45. Statement of sponges and other minor products collected. - All concessionaires and prospectors duly authorized, shall keep complete statements of the sponges, seaweeds and other minor products, collected showing the kind and amount of each product, quality, and size of sponges. Such statements shall be examined and verified by any of the officers designated in section five hereof by the Secretary of Agriculture and Commerce to enforce the provisions of this Act, at any port where the concessionaires or prospectors may desire to dispose of the sponges. When the sponges, seaweeds and/or other minor products have been inspected the officer shall note the fact on the face of the statement, sign his name thereon and then forward such statements to the official, bureau, office or service designated by the Secretary of Agriculture and Commerce to enforce the provisions of this Act."
"Section 50. Payment of fees. - Payment of fees on products collected and removed shall be made to the officer and at the time the Secretary of Agriculture and Commerce may designate. The provisions of this article shall not apply to persons gathering sponges outside of the limits of the concessions, provided the daily amount of sponges gathered by them does not exceed five kilograms.
"Section 63. Fishpond and fishery permits or lease agreements within forest lands. - Permits or leases entitling the holders thereof, for a certain stated period of time not to exceed twenty years, to enter upon definite tracts of a public forest land to be devoted exclusively for fishpond purposes, or to take certain fishery products or to construct fishponds within tidal, mangrove and other swamps, ponds and streams within public forest lands or proclaimed timber lands or established forest reserves may be issued or executed by the Secretary of Agriculture and Commerce, subject to the restrictions and limitations imposed by the forest laws and regulations, to such persons, associations or corporations as are qualified to utilize or take forest products under Act Numbered Thirty-six hundred and seventy-four. Renewal may be granted, but the combined period of the original lease and its renewals shall not exceed fifty years."
"Section 64. Obstruction to navigation and removal thereof. - Nothing in this article shall be construed as permitting the lessee or permittee to obstruct the free navigation of any stream adjoining or flowing through the area, nor prohibit or interfere with the passage of people along such streams or the banks thereof, nor impede the flow and ebb of the tide to and from the interior of the swamps. When it is found that any construction is made contrary to the provisions of this Act and/or constitutes an encroachment upon waters in violation of public right, the removal thereof shall be effected by or under the order and direction of the Secretary of Agriculture and Commerce or his duly authorized representative."
"Section 66. Appropriation. - A sum not to exceed one hundred thousand pesos yearly is set aside from the funds accruing to the National Government from the fees authorized to be collected under this chapter including bonds that may be forfeited in accordance with the provisions of this Act or regulations, rules, and order promulgated thereunder, penalties and fines, and all revenue collected from sales of fish and other aquatic products raised in fish farms, experimental and demonstration stations established or which may be established under this Act. The money appropriated by this Act shall be disbursed by the proper officials, with the approval of the Secretary of Agriculture and Commerce, for the following purposes:
"(a) For scientific and economic research work relative to the fishes, sponges, and other aquatic resources of the Philippines;
"(b) For the diffusion of knowledge among the fishermen of the Philippines;
"(c) For the study, improvement, propagation of the fishes and aquatic resources most suitable for Philippine waters;
"(d) For the establishment, maintenance and operation of experimental stations, farms, aquariums, and fish culture laboratories;
"(e) For giving practical instruction in the culture of fishes and other aquatic resources, in the most economic and efficient manner of fishing, in the preservation of fish and other aquatic products, in the management of fisheries and canneries:
"(f) For all other purposes the object of which shall be to foster, propagate and protect fishes, shell, sponges and other aquatic resources of the Philippines and carry out the provisions of this Act.
"Said sum shall be appropriated annually in the Appropriation Act, commencing with the year nineteen hundred and thirty-four, and shall be available for the construction, maintenance, and repair of buildings, vessels, dams and other necessary structures; the purchase, leasing or reservation of the necessary land and buildings, the purchase of apparatus, instruments, chemicals, supplies, and other necessary material, the salaries, wages, and traveling expenses of the necessary personnel; and such other expenses as may be deemed necessary to carry out the purposes of this Act in an effective and adequate manner: Provided, That any unexpended balance of the fund collected and herein appropriated at the end of each year shall not revert to the National Treasury but shall be used for the purposes for which it was appropriated."
"Section 67. Grant of fishery. - A municipal council shall have authority, to grant the exclusive privilege of creating fish corals, or operating fishponds or taking or catching "bangus" fry, known as "kawag-kawag," or fry of other species for propagation, within any definite portion, or area, of the municipal waters, as defined in article two of this Act, to any citizen of the Philippines or any association or corporation of which at least sixty-one per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippines; Provided, That no individual, association or corporation granted a municipal grant, license or permit shall be authorized to transfer or assign its or his interest or sell its or his stock directly or indirectly to persons, association or corporations not qualified to hold a municipal grant, license or permit under the terms of this chapter, under penalty of forfeiture of its or his grant, license or permit: Provided, further, That a transfer made by a stockholder or member of an association or corporation of his stock or interest in violation of the provisions hereof shall not be cause of the forfeiture of the grant, license or permit of such association or corporation, but said transfer shall be null and void and shall not be registered in the books of such association or corporation.
"No fish coral or 'baclad' shall be constructed within two hundred meters of another in marine fisheries or one hundred meters in fresh water fisheries, unless they belong to the same licenses; but in no case shall be less than sixty meters apart except in waters less than two meters deep at low tide or unless previously approved by the Secretary of Agriculture and Commerce or his duly authorized representative."
"Section 69. Restriction upon letting of fishery to private party. - When the privilege to erect fish corals construct or operate fishponds, or oyster culture beds, or take or catch bangus' fry, known as 'kawag-kawag," or of other species is granted to a private party as hereinabove authorized, the same shall be let to the highest bidder for a period not exceeding five year, or upon the previous approval of the Secretary of Agriculture and Commerce for a longer period but not exceeding twenty years; all these grants shall be under such conditions as shall be prescribed by the Secretary of Agriculture and Commerce.
"Section 70. License tax upon taking of fish in municipal waters and fishing vessels. - A municipal council is empowered to promulgate, subject to the approval of the Secretary of Agriculture and Commerce, rules and regulations regarding the issuance to qualified applicant under this Law, of licenses for the operation of fishing vessels of three tons or less; and shall grant the privilege of taking fish in its municipal water with nets, traps, or other fishing gear. If an exclusive privilege for taking same has been granted, upon payment of a municipal tax, to persons, qualified according to section sixty-seven hereof, except those already licensed under article five of this Act: Provided, that no such license shall confer an exclusive right of fishery; that the imposition of this license tax upon this privilege shall be levied only once in any given year upon any fisherman; that the levy is to be made by the municipality wherein the fisherman is a resident; and that the possession and exhibition of the receipt evidencing payment of the license tax shall entitle the fisherman to fish in any municipal waters of the Philippines: Provided, however, That in case the fee in the municipality where the fisherman desired to fish is greater than the fee in the municipality where he obtained his license, the former municipality may collect from him the difference between the two fees: Provided, further, That it shall be beyond the power of the municipal council to impose taxes or fees for the privilege of taking marine mollusk, or the shells of such, and fees for pearling boat and pearl diver's licenses, or for prospecting, collecting, or gathering sponges or other marine products: And provided, also, That no license hereunder shall operate within two hundred meters of any constructed fish coral licensed by a municipality, except if the licensee is the owner or operator of the fish corals, and unless otherwise specifically provided in the license, but in no case within sixty meters unless previously approved by the Secretary of Agriculture and Commerce."
"Section 72. Report of fisheries and kind and quality of fish caught and prices for same. - For the purpose of gathering statistical data of fisheries and fish caught every holder of commercial fishing license issued pursuant to sections eighteen, sixty-nine or seventy of this Act, shall render a report in duplicate to the municipal treasurer or to the Secretary of Agriculture and Commerce or his duly authorized representative once a month of the kind and quantity of the fish caught by him, and, if such fish are marketed the price received by him for same. Such report shall be made on form and in the manner prescribed by the Secretary of Agriculture and Commerce. Those licensed by the municipality shall submit reports on fish caught to the municipal treasurer who shall forward one copy to the Secretary of Agriculture and Commerce or his duly authorized representative. At the end of each year the municipal mayor shall submit to the said Secretary a report showing all the owners of fishing boats, fish nets, tackle, fish traps, and holders of fishery privileges and the corresponding licenses issued, fee paid, quantity and value of fish caught and such other information as he may be required."
"Section 75. Fish refuges and sanctuaries. - Upon the recommendation of the official or chief of the bureau, office or service concerned, the Secretary of Agriculture and Commerce may set aside and establish fishery reserves or fish refuges and sanctuaries to be administered in the manner to be prescribed by him. All streams, ponds, and waters within the game refuges, birds sanctuaries, national parks, botanical gardens, communal forests and communal pastures are hereby declared fish refuges and sanctuaries. It shall be unlawful for any person to take, destroy, or kill in any of the places aforementioned, or in any manner disturb or drive away or take therefrom, any fish fry or fish eggs.
"Section 76. Use of obnoxious or poisonous substances, or explosives in fishing. - Any person who shall use obnoxious substances or explosives in fishing in violation of the provisions of sections eleven and twelve of this Act shall for each offense, be punished by a fine of not more than five thousand pesos, and by imprisonment of not more than five years or both, in the discretion of the court. All poisons, explosives, boats, tackle, apparel, furniture, or other apparatus used to aid in the violation of these provisions shall be forfeited to the Government."
"Section 80. Compromise. - With the approval of the Secretary of Agriculture and Commerce the official or chief of the bureau, office or service designated to carry out the provisions of this Act may at any stage compromise any case arising under the provisions thereof, subject to the following schedule of administrative fines:
"(a) Vessel entering fishery reserve or closed areas. - Any vessel, licensed or unlicensed, entering fishery reserve or closed area by proclamation of the Governor General or the President of the Philippines or administrative order, for the purpose of fishing shall be fined in a sum not exceeding one hundred pesos.
"(b) Vessel fishing or continuing to fish after the expiration of the license. - A vessel continuing to fish within sixty days from the date of expiration of the license shall pay the ordinary annual license fee in full.ℒαwρhi৷ A vessel fishing or continuing to fish without having procured the renewal of the license therefor shall be fined in a sum not exceeding fifty pesos for every month the license remains not renewed from the last day renewal should have been secured.
"(c) Vessel on which unlicensed fishermen are employed. - A vessel found using or employing unlicensed fishermen shall be fined in a sum not less than five nor exceeding ten pesos for each fisherman and for each month such fisherman is employed.
"(d) Obstruction of boarding officer. - If the master, owner, or operator of any vessel unlicensed or licensed in accordance with the provisions of section eighteen of this Act obstructs or hinders any fish and game officer in lawful going on board such vessel for the purpose of carrying into effect any of the provisions of this Act or the regulations promulgated thereunder or shall intentionally cause any such officer to be obstructed shall be fined in the amount not exceeding one hundred pesos and the license may be cancelled.
"(e) Failure to submit required reports. - If the owner or operator, or the authorized agent of any vessel licensed under section eighteen of this Act fails to submit a required report within thirty days from the time it is last due, he shall be fined in a sum not exceeding five pesos.
"(f) Failure to renew fisherman's license. - If a fisherman fails to renew within sixty days from the expiration thereof the license granted in accordance with section twenty-two of this Act or return same within that period, he shall he fined in the amount not less than one nor exceeding two pesos.
"(g) Transfer of ownership or lease shall be reported. - The owner and operator of a commercial fishing boat licensed in accordance with section eighteen of this Act, transferring or leasing such boat shall report the transfer or lease within ten days to the Director of the Bureau or office concerned, otherwise he shall be fined in the amount not exceeding ten pesos.
"(h) Vessel engaging in fishing without license. - Any vessel engaging in fishing, without having procured the requisite license therefor, shall be fined in a sum not exceeding two hundred pesos for each month of operation without license.
"(i) Other violations. - Violations not herein above provided may be compromised as each case may warrant upon the recommendation of the official or chief of the Bureau, office or service concerned, but in no case shall the fine be less than ten per centum of the amount of fine prescribed therefor, either in the law or regulations.
"(j) Court Action. - Action in accordance with section seventy-eight or other penal provisions of this Act shall be taken if the official or chief of the Bureau, Office or service concerned or the Secretary of Agriculture and Commerce decides."
"Section 82. Failure to report kind and quantity of fish caught. - Willful failure by any licensed fisherman to render a report of the kind and quantity of fish caught, as provided in section seventy-two of this Act, shall subject the offender to the payment of a fine of not less than ten nor more than one hundred pesos for each offense, and in the revocation or cancellation of his license."
Section 2. Section six of Act Numbered Four thousand and three is amended by adding the following paragraphs:
"A 'fish coral' or 'baclad' means a stationary weir or trap devised to intercept and capture fish, consisting of rows or stakes or bamboo, palma brava or other materials fence catching or taking, handling with either split bamboo mattings or wire nettings with one or more enclosures usually with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching chambers or purse.
"Fishery" is the business of marketing and preserving fish or other aquatic products, the fishing grounds, and the right to fish or take such products therefrom. "Fish' includes not only the fishes proper but also many other aquatic animals like crabs, prawns, shrimps, lobsters; clams, mussels, scallops, snails, oysters and other mollusks or shellfish."
Section 3. Four new sections are inserted in Act Numbered Four thousand and three to be known as sections twenty-three-A, seventy-three-A, seventy-three-B, and seventy-three-C which shall read as follows:
"Section 23-A. Fees for other aquatic products. - For aquatic products gathered or taken from public fisheries and not otherwise provided in market value thereof determined in the manner indicated below a fee of not more than ten per centum.
"The market value of the various marine or aquatic products for which charges or fees may thus be made shall be determined from time to time by assessment by the Secretary of Agriculture and Commerce, the same to be published for the information of the public in the Official Gazette "
"Section 73-A. Establishment of communal fisheries. - The Secretary of Agriculture and Commerce may set aside, as communal fishery for the particular use of the inhabitants of any municipality or municipal district, one or more portions of municipal waters. Such assignment shall be preferably made from waters in the province of the community to be served; but if there be no such water conveniently situated for the use of such community; a communal fishery may be assigned for its use in a neighboring province. If the public interests so require, the Secretary of Agriculture and Commerce may change the location or boundaries of a communal fishery or disestablish it altogether. A communal fishery once established for such communal use shall not be leased.
"Section 73-B. Administration of communal fisheries. - Communal fisheries shall be administered by the Secretary of Agriculture and Commerce in such a way as to insure to the people having rights therein a continued supply of fishery products necessary for their home use and to this end the said Secretary may prescribe regulations the conditions under which taking of fish and other fishery products therefrom without license and free of charge may be allowed.
"Section 73-C. Taking of fish for personal use. - Residents of a place for which a communal fishery shall not have been set aside may, without license and free of charge take fish or other fishery products which they need for personal purposes from any municipal waters."
Section 4. This Act shall take effect upon its approval.
Approved: June 16, 1939.
The Lawphil Project - Arellano Law Foundation
