QuestionsQuestions (Act No. 4003)
Act No. 4003 is the “Fisheries Act.” Its provisions apply to all fishing and fisheries in Philippine waters.
The Secretary of Agriculture and Natural Resources.
Members of the Philippine Constabulary; municipal and municipal district police; secret service force; inspectors; guards; wharfingers of the customs service; internal-revenue agents; officers of coast guard cutters and lighthouse keepers; and other competent officials/employees/persons designated in writing by the Secretary of Agriculture and Natural Resources.
Municipal waters include streams, lakes, and tidal waters within the municipality not under private ownership and not within specified national/public forest/fishery reserves; and marine waters between lines drawn perpendicular to the coast at municipal boundaries at low tide and a third line parallel to the general coastline three nautical miles distant, with an equal-distance rule when two municipalities face each other with less than six nautical miles between them.
“Open” applies to areas in Philippine waters not under a closure order by the Secretary. “Closed season” is the period when fishing is prohibited in specified areas through an order of closure by the Secretary.
The Secretary of Agriculture and Natural Resources may declare and establish a closed season for specified aquatic animals, subject to the approval of the Governor-General.
Using poisonous/obnoxious substances liable to stupefy/disable/cause death of fish or placing them in fresh or marine waters where the intent is to cause such harm, and gathering fish killed or disabled by such substances are unlawful. Permits may be issued for limited scientific purposes only, and permittees must exhibit permits on demand.
Using dynamite or other explosives to stupefy/disable/kill/take fish, including underwater use except for bona fide engineering work and wreck/navigation obstruction destruction, is unlawful. Permits may allow limited scientific uses. Also, mechanical bombs for killing whales, crocodiles, sharks, or other large dangerous fishes may be allowed subject to approval of the Secretary of Agriculture and Natural Resources and the Secretary of the Interior.
Except for scientific/educational purposes or propagation, it is unlawful to take/catch fry or fish eggs and small fish (not more than three centimeters) known as “siliniasi” in territorial waters. The Secretary may permit taking the young of certain species known as “ipon” under restrictions.
It is unlawful to discharge/place/deposit petroleum, acids, coal, oil tar, lamp-black, aniline, asphalt, bitumen, residuary petroleum products, carbonaceous materials/substances, and refuse/liquids/solids from refineries, gas houses, tanneries, distilleries, chemical works, mills/factories, and sawdust/shavings/slabs/edgings and other factory refuse or deleterious substances affecting fish or aquatic life.
Importation must be effected only through a special permit from the Secretary of Agriculture and Natural Resources; the application must be filed at least twenty days prior to probable arrival. If imported without the permit, the foreign aquatic animals will be confiscated or returned at the owner’s expense upon arrival. Museum/scientific specimen imports are not restricted, and all imports are subject to inspection and quarantine measures.
Insular, Municipal, and Reserve fisheries. The Governor-General may transfer fisheries from one class to another upon recommendation of the Secretary for reasons of public interest.
Unless provided with a license under the Act, no person shall operate a vessel of more than three tons gross for catching fish in Philippine territorial waters.
Licenses are generally for citizens of the Philippines or the United States, or corporations/associations duly registered/in the Philippines/US with at least 61% capital stock/interest wholly owned by citizens of the Philippines/US (or citizens of countries granting similar rights). Licensed entities may not transfer/assign interest or sell stock to unqualified persons/entities; violation results in forfeiture of the license (with the separate rule that a prohibited stockholder transfer is null and void and not registered).
No person may be employed or engaged as fisherman on a vessel of more than three tons gross for commercial catching of fish unless the person has a fisherman's license issued by the Secretary upon payment of an annual fee of twenty centavos. The license is limited to citizens of the Philippines or the US, or countries granting similar rights; aliens already engaged at effectivity are covered if no violation of the Act/customs laws.