Question & AnswerQ&A (Act No. 4003)
The official title of Act No. 4003 is the "Fisheries Act."
The Fisheries Act applies to all fishing and fisheries in Philippine waters, which include all waters pertaining to the Philippine Archipelago as defined in the treaties between the United States and Spain.
The Secretary of Agriculture and Natural Resources is the executive officer charged with carrying out the provisions of the Fisheries Act.
The Secretary may issue instructions, orders, rules, and regulations consistent with the Act, assign enforcement duties, declare closed seasons, issue licenses and permits, prescribe fees, and impose restrictions for the protection and conservation of aquatic resources.
Municipal waters include streams, lakes, tidal waters within the municipality (not privately owned and not in protected areas), and marine waters between lines drawn perpendicular from municipal boundaries to a line parallel to the coast three nautical miles offshore.
The use of obnoxious or poisonous substances, explosives (such as dynamite), taking fry or fish eggs (except for scientific or propagation purposes), and using mechanical bombs without approval are all prohibited.
Any person violating provisions related to the use of poisonous substances or explosives shall be fined not less than five hundred pesos and not more than five thousand pesos and imprisoned for six months to five years. Confiscation of the equipment used is also mandated.
A license issued by the Secretary of Agriculture and Natural Resources is required, with payment of an annual fee between five pesos and two hundred pesos. Licenses are issued only to qualified citizens, associations, or corporations meeting citizenship and capital ownership requirements.
Only citizens of the Philippines or the United States, or qualified associations or corporations with at least 61% ownership by such citizens, or citizens of countries granting reciprocal rights, may apply for licenses to take marine mollusca.
No license, permit, or concession holder shall transfer or assign their interests or sell stock to persons not qualified under the Act. Any such transfer is null and void and shall not be registered, but it does not cause forfeiture if done by a stockholder; however, transferring to unqualified parties results in forfeiture or cancellation of the license or concession.
Public fisheries are classified as insular, municipal, and reserve fisheries.
It is unlawful to take hawksbill turtles without a license, to take undersized turtles, to capture them with line and sinker, and to possess, transport, or sell them unlawfully. Violations are subject to penalties including fines and cancellation of licenses.
Fish sanctuaries are streams, ponds, and waters within national parks, botanical gardens, communal forests, and communal pastures where taking, killing, disturbing, or driving away fish, fry, or fish eggs is prohibited.
All fishermen, whether licensed or unlicensed, must submit weekly reports in duplicate to the municipal treasurer indicating the kind and quantity of fish caught and prices, using forms prescribed by the Secretary of Agriculture and Natural Resources.
Yes, the Secretary has the authority, subject to approval by the Governor-General, to declare and establish closed seasons for any fish, shellfish, or aquatic animals, with notice and publication requirements.