Question & AnswerQ&A (Commonwealth Act No. 471)
The Secretary of Agriculture and Commerce is empowered to issue instructions, orders, rules, and regulations to implement the Act's provisions, approve local fishing ordinances, issue licenses and permits, enforce the Act, and collect fees related to fisheries.
Members of the Philippine Constabulary, municipal and district police, secret service force, customs inspectors, coast guard officers, and others designated by the Secretary of Agriculture and Commerce are authorized deputies empowered to enforce the Act and make arrests.
No, the use of dynamite or other explosives for fishing is prohibited except for bona fide engineering works or destruction of wrecks or obstructions to navigation. Mechanical bombs may be used for scientific purposes on large dangerous fish with approval.
Violators can be fined up to five thousand pesos, imprisoned for up to five years, or both. All equipment used in the violation shall be forfeited to the government.
No, taking fry or fish eggs except for scientific, educational, or propagation purposes is unlawful. Restrictions on fishing gear use may be imposed to protect them.
Vessels over three tons require licenses issued by the Secretary with an annual fee between two to two hundred pesos. Fishermen employed on these vessels must also secure a fisherman's license.
Only citizens of the Philippines, the United States, or countries with reciprocal rights may be licensed. Aliens already engaged in fishing before the Act's effect may continue if they have not violated laws.
A fish coral or baclad is a stationary fish trap constructed with stakes, fences, and enclosures designed to catch fish by directing them into chambers with easy entrance but difficult exit.
Fish corals must not be constructed within two hundred meters of another coral in marine waters or one hundred meters in freshwater fisheries unless owned by the same licensee or approved by the Secretary.
Municipal councils may impose license taxes on fishing vessels of three tons or less, taking fish with nets, traps, or gear, subject to Secretary approval. Certain fees like those for mollusks, pearling boats, or sponge gathering are exempt from municipal taxes.
Owners or operators failing to submit reports within thirty days of due date may be fined up to five pesos. Willful failure by licensed fishermen to report quantity and kind of fish caught can lead to fines of ten to one hundred pesos and license revocation.
Yes, municipal councils may grant exclusive privileges for fish corals, fishponds, or catching fry for propagation to qualified citizens or corporations for periods not exceeding five years unless approved up to twenty years by the Secretary.
Fees apply on fish caught and other aquatic products like sponges, mollusks, etc., collected or taken. The Secretary determines market values and collects fees not exceeding ten per cent of the value.
Possession or finding of dynamite or explosives in a fishing boat creates a presumption that they were used for fishing illegally, subject to penalties under the Act.
The Secretary may set aside communal fisheries for local communities' use, which shall not be leased. They shall be administered to ensure supply for home use and may allow free taking without a license under prescribed regulations.