Title
Protection of Game and Fish Act
Law
Act No. 2590.
Decision Date
Feb 4, 1916
A Philippine law that prohibits hunting, possession, and sale of protected animals, as well as the destruction of nests or eggs of protected birds, with designated authorities enforcing the law and penalties for violations.

Questions (Act No. 2590.)

It makes it unlawful, except as provided, to hunt, wound, take, or kill, or to possess (living or dead), or to purchase, offer, expose for sale, transport, ship, or export any protected bird, fish, shellfish, or mammal; and it also prohibits selling or possessing parts of them for sale. It further prohibits taking or wilfully destroying nests or eggs of protected birds and possessing such nests/eggs.

It includes insect-eating birds, song birds, and generally all wild birds except specified species (e.g., eagles, hawks, owls, English sparrows, brown herons/candangaho, crows, galancian and mayas). Game birds are treated as “protected” only during their respective close seasons.

The Secretary of the Interior is authorized, subject to the approval of the Governor-General, to establish close seasons for specified game birds and other birds; and also for fish/shellfish and certain mammals (except wild pig).

A close season may cover a particular portion (or portions) of successive years, or, if necessary for the public interest, may extend over any single period of not more than five years.

The order may apply to the entire Philippine Islands or specified provinces/territorial divisions. For fish/shellfish, it may be limited to a particular water or stream. The order must be issued at least two months before effect; if general, published in the Official Gazette weekly for three consecutive weeks before effect; if provincial/municipal, published weekly for three consecutive weeks in a local newspaper (if any) and posted at main entrances of provincial/municipal buildings and inside such buildings prior to effect, plus other publicity means.

A permit may be granted to persons of good repute aged 15 years and above to collect specimens or the nests/eggs of protected birds for scientific purposes only. It lasts one year from issuance, is non-transferable, and if the holder takes/kills protected creatures or takes nests/eggs for other than scientific purposes, the holder faces the same penalty as if no permit existed.

It is unlawful to hunt with a firearm, or to use a firearm as a weapon against game without previously procuring an appropriate hunting license.

Resident fee: an amount of two pesos. Nonresident fee: twenty pesos.

Members of the Philippine Constabulary and members of municipal and township police are made deputy game wardens. They have full authority to enforce the Act and to arrest offenders.

The offender is subject to forfeiture of both the license and weapons, in addition to other penalty later provided in the Act.

It is unlawful to lend a hunting license or firearm to another for hunting; and unlawful to procure or possess for hunting any hunting license or firearm belonging to another. Any hunting license or firearm found in the unlawful possession of a person other than the proper owner is forfeited.

Nothing prohibits Army/Navy/Marine Corps personnel, Philippine Scouts, or Philippine Constabulary serving in the Islands from using for hunting purposes rifles or shotguns belonging to the governments of the United States or the Philippine Islands.

It prohibits hunting/killing/capturing protected birds or mammals by artificial light, swivel gun, or by nets (for birds and small games).

Possession of a lantern for hunting at night is prima facie evidence of intent to use it to catch, kill, or hunt protected birds/mammals or game animals protected under the Act at night.

Wild pig and birds commonly known as eagles, hawks, brown herons (candangaho), owls, crows, English sparrows, garzas pardas (candangaho context), galancian, and mayas may be taken or killed in any season.

Actual residents of those areas may hunt/take game birds and mammals and take bird eggs at all times to secure food for themselves and their families, but they cannot use artificial lights for hunting, and they cannot sell the whole or any portion of the game taken/killed during close seasons.

For each offense, the violator is punished by a fine of not more than one hundred pesos.

It repeals Act No. 1798 and amendments without prejudice to prosecution for criminal offenses already committed under the old Act. It also provides that orders previously promulgated under the old Act continue to operate with the same effect as if issued under the present Act.


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