Question & AnswerQ&A (Act No. 2604.)
The main purpose of Act No. 2604 is to protect marine mollusca in Philippine waters by regulating the methods and conditions under which they can be taken, including the issuance of licenses and the imposition of size and area restrictions.
Yes, marine mollusca or their shells may be taken without restriction from any open bed, bank, shell field or other breeding place by any person operating without the use of boat, submarine dredge, rake, or submarine armor, and those with shells valued under twenty-five pesos per ton can be taken by any device from any open area.
A pearling-boat license is issued to vessels registered or owned as prescribed for Philippine coastwise trade, allowing them to engage in pearl fishing. It cannot be issued to any vessel owned or operated, even partly, by a person who has been twice convicted of violating the Act's provisions.
The maximum annual fee for a pearling-boat license is four hundred pesos.
It is a license that authorizes the holder to use submarine armor for taking marine mollusca in Philippine waters and is issued upon payment of a fee by the Collector of Internal Revenue or his deputies.
No, it is unlawful for any vessel holding a pearling-boat license to employ any unlicensed diver.
Licensed vessels must keep a daily record of the number of shells taken each day, which is subject to examination and verification by customs or revenue officers before shipment or sale.
The Secretary of the Interior may close, either absolutely or partially, any bed, bank, shell field or other breeding place for shellfish in Philippine waters for a period not exceeding five years when public interest requires it.
Violators are subject to a fine of not more than one hundred pesos, imprisonment of not more than one month, or both; for offenses involving undersized shells of Margaratifera maxima, a fine of five pesos per valve is imposed.
No, the Secretary of the Interior shall fix minimum sizes for certain species of shells, and it is unlawful to take, sell, transfer, or possess shells smaller than those sizes except in cases of accidental removal that are immediately returned to the water.
Philippine waters include all marine waters pertaining to the Philippine Archipelago as defined in the treaties between the United States and Spain from 1898 and 1900.
It is unlawful to ship or export shells of specified species from the Philippines without properly effecting exportation through a customhouse at a port of entry.
Yes, the Secretary of the Interior may issue special permits to unlicensed persons authorizing them to take marine mollusca for scientific purposes or propagation under prescribed restrictions.