QuestionsQuestions (EXECUTIVE ORDER NO. 40)
It creates a Screening Committee to implement the Fisheries Act’s execution specifically to suppress dynamite fishing by reviewing fish carrier licenses and requiring proof of legitimate fish supply sources.
Section 12 of Act No. 4003 (Fisheries Act) prohibits dynamite fishing, and Section 76 of the same Act penalizes it.
That fish is essential food, and dynamite fishing is destructive of fish resources, so the government should preserve fish resources by stopping destructive practices.
Because big-scale dynamite fishing is noted to invariably involve boats licensed as fish carriers; thus targeting these licensees can remove instruments used in dynamite fishing.
The existing regulations did not require owners of boats applying for fish carrier licenses to present proof of the legitimate source of the fish stock they intend to load.
Withdrawal or revocation of the fish carrier licenses of owners who cannot prove the legitimate source of the fish stock they load.
It is composed of one representative from each of the Departments of Agriculture and Natural Resources, Finance, and National Defense, to be designated by the respective Secretaries.
The respective Secretaries must designate their representatives within ten (10) days from the date of the Executive Order.
It must screen all persons who operate boats licensed as fish carriers and require them to present evidence proving the legitimate source of their fish supply and the monthly output.
It must submit a written report of its findings and recommendations to the Secretary of Agriculture and Natural Resources, accompanied by the evidence presented in each case.
Based on the committee’s findings and recommendations, the Secretary decides whether to withdraw or revoke each fish carrier license; the Secretary’s decision is final.
The Committee must submit a proposed set of rules and regulations governing the issuance of fish carrier licenses for guidance in future issuance under Section 4 of the Fisheries Act.
Section 4 of Act No. 4003 (the Fisheries Act) is cited as the authority under which the Secretary will promulgate future rules and regulations for fish carrier licensing.
It creates a process: the Screening Committee screens and recommends, and then the Secretary decides and withdraws/revokes licenses if warranted.
They must present evidence proving the legitimate source of their fish supply and the monthly output thereof.
By screening fish carrier licenses believed to be used in dynamite fishing, license withdrawal/revocation is intended to remove the operational means used for illegal destructive fishing.
Their fish carrier license may be withdrawn or revoked by the Secretary of Agriculture and Natural Resources based on the committee’s findings and recommendations.