QuestionsQuestions (Republic Act No. 3048)
RA 3048 prohibits any person, association, or corporation from operating trawl fishing in Philippine fishing areas that are seven fathoms deep or less.
The ban covers fishing areas in the Philippines that are seven fathoms deep or less.
The prohibition applies to “any person, association or corporation” that operates trawl fishing within the covered depth.
It is not absolute. The law provides a proviso allowing city and municipal councils to regulate the operation of baby trawls or boats three tons gross or less in municipal waters, subject to approval by the Secretary of Agriculture and Natural Resources.
RA 3048 refers to “baby trawls” as a category of trawl operations that may be regulated by local governments (in municipal waters) under ordinances approved by the Secretary of Agriculture and Natural Resources.
City and municipal councils may promulgate ordinances regulating the operation of baby trawls or those using fishing boats three tons gross or less, in municipal waters.
Local ordinances regulating baby trawls or small boats must be subject to approval by the Secretary of Agriculture and Natural Resources.
The proviso applies to boats three tons gross or less.
They may regulate such operations only in “municipal waters.”
The law provides for a fine not exceeding one thousand pesos or imprisonment not exceeding one year, or both, at the discretion of the court.
RA 3048 states the act prohibited (“operate trawl fishing”) and provides penalties for violation; it does not expressly require intent in the text provided, so the elements typically focus on the prohibited operation and its occurrence in the covered depth.
One thousand pesos (Php 1,000), as the maximum fine.
One year, as the maximum imprisonment.
The court has discretion to impose a fine, imprisonment, or both.
It takes effect upon its approval.
The threshold indicates a policy to protect fish resources in shallow waters by banning trawls that operate there, while allowing limited, regulated activity for specific cases (baby trawls and very small boats) in municipal waters.