Amendment to Fishery Laws in the Philippines

Issuing authority and enforcement powers

The Secretary of Agriculture and Commerce shall issue instructions, orders, rules and regulations consistent with Act No. 4003, to carry into effect the Act’s provisions and for proceedings arising under it (amended Section 4).
All licenses, permits, leases, and contracts issued, granted, or made under the Act shall be subject to rules and regulations that the Secretary issues (amended Section 4).
Provincial boards, municipal boards or councils, and municipal district councils promulgating ordinances or rules pertaining to fishing or fisheries must submit them to the Secretary of Agriculture and Commerce for approval (amended Section 4).
Members of the Philippine Constabulary; municipal and municipal district police; members of the secret service force; inspectors, guards, wharfagers of the customs service; internal-revenue agents; officers of coast guard cutters and lighthouse keepers; and other competent officials, employees, or persons designated in writing by the Secretary are deputized as enforcers (amended Section 5).
Deputies have full power to enforce the Act and related regulations and have authority to arrest offenders (amended Section 5).
Deputies may administer oaths and take testimony in official matters or investigations within their authority under the Act (amended Section 5).

Fishing prohibitions and environmental controls

The use of dynamite or other explosives to stupefy, disable, kill, or take fish or aquatic animals is unlawful (amended Section 12).
Using explosives under water for any purpose is unlawful, except for bona fide engineering work and the destruction of wrecks or obstructions to navigation (amended Section 12).
Gathering fish by using fish or aquatic animals that are stupefied, disabled, or killed through dynamite or other explosives is unlawful (amended Section 12).
Mechanical bombs for killing whales, crocodiles, sharks, or other large dangerous fishes may be allowed only with approval of the Secretary of Agriculture and Commerce and the Secretary of the Interior, and only when taking is for scientific purposes in limited numbers (amended Section 12).
Permittees must be ready to exhibit permits on demand by any peace officer or authorized deputy (amended Section 12).
The possession and/or finding of dynamite, blasting caps, and other explosives in any fishing boat creates a presumption that the explosives are being used for fishing in violation of the section (amended Section 12).
Fish found or discovered as caught or killed by explosives, supported by expert testimony, creates a presumption that the owner present or the fishing crew were fishing with explosives in violation (amended Section 12).
Except for scientific or educational purposes or for propagation, it is unlawful to take or catch fry or fish eggs and the small fish not more than three centimeters long known as “siliniasi” in the territorial waters of the Philippines (amended Section 13).
The Secretary of Agriculture and Commerce may impose restrictions by regulation on the use of fish nets or fishing devices to protect fry and fish eggs (amended Section 13).
The Secretary must permit taking of the young of species known as “ipon”, subject to restrictions deemed necessary (amended Section 13).
It is unlawful to place, cause to be placed, discharge, or deposit, or to cause to be discharged or deposited, or to pass where it can pass into Philippine waters, specified harmful materials including petroleum, acid, coal, oil tar, lampblack, aniline, asphalt, bitumen, residuary product of petroleum, carbonaceous material or substance, molasses, mining, mill tailings, refuse liquid or solid from specified industries, and sawdust, shavings, slabs, edgings, factory refuse, or any deleterious substances or materials to fish or aquatic life (amended Section 14).

Import/export, licenses, and fees

Importation and exportation of any fish, mollusks, crustaceans, amphibian or other aquatic animal (adult, young, fry, or fish eggs) for propagation or other purposes require a special permit from the Secretary of Agriculture and Commerce (amended Section 15).
A permit application must be presented at least twenty days prior to the probable date of arrival or five days before exportation (amended Section 15).
A permit fee of not more than four pesos must be paid (amended Section 15).
Failure to file the application within the time prescribed subjects the importer to twice the ordinary fee and/or administrative fines under Section 80, without prejudice to criminal proceedings under the Act’s penal provisions (amended Section 15).
For inspection and prophylactic treatment of imports, a fee equal to two per centum of the declared value is charged, but it must not be less than fifty centavos (amended Section 15).
The Secretary is empowered to issue licenses for fishing operation of powered vessels of more than three tons gross, towed or operated with power-propelled vessels in Philippine territorial waters, upon payment of an annual fee of not less than two pesos nor more than two hundred pesos per vessel subject to taxation under the Act (amended Section 18).
Failure to secure renewal or extension and pay the annual fee on or before the last day of February imposes a surcharge of one hundred per centum based on the amount of the original fee, without prejudice to criminal proceedings against the delinquent licensee (amended Section 18).
Vessels less than three tons gross are licensed under Section 70 (amended Section 18).
Fish-catching under the license remains subject to the Act’s limitations, restrictions, and penalties (amended Section 18).
A license under Section 18 does not operate within three nautical miles from the shore line and within two hundred meters of any fish coral licensed by a municipality under Section 69, except if the licensee is the same person authorized by the municipality to operate that fish coral (amended Section 21).
A person may not be employed or engaged in connection with operation of a vessel of more than three tons gross in commercial fishing unless the person has a fisherman’s license (amended Section 22).
Fisherman’s licenses are issued by the Secretary upon payment of an annual fee of not less than twenty centavos nor more than one peso (amended Section 22).
If a fisherman attached to the vessel becomes sick or otherwise incapacitated, the owner may employ temporary personnel who are qualified to hold a fisherman’s license under Section 22 (amended Section 22).
Failure of a licensed fisherman to pay the fee and secure renewal on or before the last day of February results in a surcharge of one peso (amended Section 22).
No fisherman’s license to work on vessels engaged in commercial fishing is issued except to citizens of the Philippines or of the United States, or of countries whose laws grant similar rights to citizens of the Philippines (amended Section 22).
Aliens engaged in fishing on vessels of more than three tons gross at the time the Act goes into effect are licensed under the Act as long as they have not violated the Act or customs laws or regulations issued under it (amended Section 22).
All persons employed in a fishing vessel are considered fishermen except the master and the engineer and the cook, who must be Filipino citizens (amended Section 22).
The Secretary may fix fees for fish caught at a rate of not less than one peso nor more than three pesos per ton (gross weight) and set the manner of collection, with the rule that only one fee is collected and regulations must not interfere with the free movement and disposition of fish caught under the Act (amended Section 23).
Failure of the licensee to pay the required fee when due imposes a surcharge of one hundred per centum (amended Section 23).
A pearling or shell-collecting boat license may be issued to the owner or operator of a properly registered/owned vessel for Philippine coastwise trade upon payment of the proper fee and under conditions in Sections 24 and 25, but no such license is issued to any vessel owned or operated wholly or partly by a person twice convicted of violating the article (amended Section 26).
A shell diver’s license authorizing the holder to use submarine armor to take marine molluscs or shells in Philippine waters may be issued upon application to the Secretary (or authorized representative) upon payment of the required fee (amended Section 27).
A shell diver’s license may not be issued to applicants who do not possess qualifications required in Section 24, and may not be issued to persons twice convicted of violating the article (amended Section 27).
A person collecting marine mollusk shells not exceeding five kilograms a day needs no diver’s license (amended Section 27).
A shell diver’s license (unless revoked for cause) is valid from the date of issue for not more than one year and expires on December thirty-one, and it is not transferable (amended Section 27).
Shell fees under Section 23-A are collected from (a) owners of pearling or shell collecting boats, (b) licensed divers when not using any vessel, and (c) buyers or possessors of shells, unless buyers/possessors prove through proper documents or official receipts that fees were already paid by collectors (amended Section 27).
Taking from the sea bottom of any shell smaller than the legal size (under Section 36 or regulations) is sufficient cause for cancellation of the license and confiscation of the bond deposit, if any (amended Section 27).
Vessels holding a pearling or shell collecting boat license may not employ any unlicensed diver (amended Section 28).

Shell size rules and sponges limits

The Secretary of Agriculture and Commerce shall fix minimum sizes for shells that may be taken in Philippine waters for listed species, including Pinetada maxima (jameson) (“concha blanca”), Pinetada margaritifera (Linnaeus) (“concha negra”), Trochus niliticuss Linnaeus (“simong”/“trocha”), Trochus maximus Kock (“simong”/“trocha”), Trochus moduliferus Lamarck (“Hirose shell”/“Susong Babae”), and Torbo mormoratus Linnaeus (“lalong”/“Bolalo”) (amended Section 36).
After minimum size restrictions are imposed, it is unlawful for any person to take, sell, transfer, or have in possession for any purpose any shell or valve smaller than the minimum prescribed for the particular species (amended Section 36).
Any undersize shell removed through accident or ignorance must be returned to the water immediately without being opened; otherwise, the offender is penalized under the Act’s penal provisions (amended Section 36).
Except as provided in the shellfish/sponges article, no person, association, or corporation may collect or gather sponges, seaweeds, or other minor aquatic products from sea bottom or reefs in Philippine territorial waters (amended Section 38).
Seaweed, trepang, corals, or other minor aquatic products may be gathered by persons (except sponges and certain species of the genus degenea for personal use even inside concessions) provided daily amount does not exceed five kilograms (amended Section 38).

Concessions and communal fisheries

Sponge concessions may run for not more than twenty years (amended Section 42).
Sponge concessions must not interfere with free passage of boats or vessels through the area under concession (amended Section 42).
Sponge concessions must not prevent unrestricted gathering/removal by other persons of products not specifically stated in the contract or license agreement (amended Section 42).
The Secretary of Agriculture and Commerce, subject to confirmation by the official or chief of the bureau/office/service designated to carry out the Act, may select adequate areas for government experimental stations or schools for cultivation of sponges or other marine forms from concessions (amended Section 42).
Annual concession fees for sponges are not exceeding one hundred pesos per square kilometer; for other products, fees are not exceeding fifty pesos per square kilometer or lineal kilometer of coast line of not more than a kilometer wide (amended Section 43).
Annual fees are paid in advance, and if paid quarterly must be received on or before the twentieth of January, April, July, and October, or on or before the last days of those months in remote provinces as determined by the Secretary (amended Section 43).
If the fee due is not paid within the penalty-free payment period, the fee increases by ten per centum, and the increment becomes part of the fee (amended Section 43).
If the concession fee remains delinquent fifty days after due date, the original fee increases by one hundred per centum; after six months, the concession is cancelled and the bond deposit, if any, is confiscated, without prejudice to criminal proceedings (amended Section 43).
Fees determined under Section 23-A are collected on products gathered and removed (amended Section 43).
Revenue distribution: twenty per centum to the Insular Treasury, and forty per centum to the province and municipality respectively where the concession is located (amended Section 43).
If a concession spans two or more provinces/municipalities, distribution is made proportionally to the areas of concessions included in each (amended Section 43).
Concessionaires and prospectors authorized under the sponge article must keep complete statements of sponges, seaweeds, and other minor products collected, showing kind, amount, quality, and size (amended Section 45).
Statements must be examined and verified by officers designated under Section 5 by the Secretary, at the port where the concessionaire/prospector intends to dispose of the products; the officer notes verification on the statement, signs, and forwards it to the designated official/bureau/office/service (amended Section 45).
Payment of fees on products collected and removed is made to the officer and at the time designated by the Secretary; the payment timing rule does not apply to persons gathering sponges outside concession limits provided their daily amount does not exceed five kilograms (amended Section 50).
Section 23-A imposes fees for aquatic products gathered or taken from public fisheries and not otherwise provided in market value, at not more than ten per centum.
The market value for aquatic products subject to Section 23-A is determined from time to time by assessment of the Secretary and published for public information in the Official Gazette (Section 23-A).
The Secretary may set aside one or more portions of municipal waters as communal fisheries for the particular use of inhabitants of a municipality or municipal district (Section 73-A).
Communal fishery assignment is preferably made from waters in the province of the community to be served, but it may be assigned from a neighboring province if no conveniently situated water exists (Section 73-A).
The Secretary may change locations/boundaries of a communal fishery or disestablish it altogether if public interests require (Section 73-A).
Once established for communal use, a communal fishery shall not be leased (Section 73-A).
Communal fisheries are administered by the Secretary to ensure people with rights therein a continued supply of fishery products needed for home use (Section 73-B).
The Secretary may prescribe regulations allowing taking of fish and other fishery products without license and free of charge under conditions for communal fisheries (Section 73-B).
Residents of places without a communal fishery set aside may, without license and free of charge, take fish or other fishery products they need for personal purposes from any municipal waters (Section 73-C).
The Secretary’s communal fishery administration includes setting the rules and conditions under which unlicensed free taking may be allowed (Section 73-B).

Fishpond/forest land permits and navigation limits

The Secretary may issue permits or leases for up to twenty years allowing entry upon definite tracts of public forest land devoted exclusively for fishpond purposes, or allowing taking of fishery products or constructing fishponds within tidal, mangrove, and other swamps, ponds, and streams within public forest lands, proclaimed timber lands, or established forest reserves (amended Section 63).
Permits/leases under Section 63 are subject to forest law restrictions and may be issued to persons, associations, or corporations qualified to utilize or take forest products under Act No. 3674 (amended Section 63).
Renewal may be granted, but the combined period of the original lease and renewals may not exceed fifty years (amended Section 63).
Lessees/permittees may not obstruct free navigation of streams adjoining or flowing through the area, interfere with passage of people along such streams or banks, or impede tide flow to and from interior swamps (amended Section 64).
If construction is contrary to the Act or constitutes an encroachment upon waters in violation of public right, removal must be effected by or under the order and direction of the Secretary or authorized representative (amended Section 64).

Fish corals, municipal grants, and letting restrictions

A municipal council has authority to grant the exclusive privilege of creating fish corals, operating fishponds, or taking/catching “bangus” fry known as “kawag-kawag” or fry of other species for propagation within a definite portion or area of municipal waters (amended Section 67).
Municipal grants may be given to Philippine citizens or to associations/corporations with at least sixty-one per centum of capital stock or interest belonging wholly to citizens of the Philippines (amended Section 67).
No grantee with a municipal grant/license/permit may transfer/assign its interest or sell its stock directly or indirectly to persons/associations/corporations not qualified to hold the municipal grant/license/permit; violation is penalized by forfeiture of the grant, license, or permit (amended Section 67).
A stockholder/member’s transfer in violation does not cause forfeiture of the association/corporation’s grant/license/permit; the transfer is null and void and must not be registered in the association/corporation books (amended Section 67).
No fish coral or “baclad” may be constructed within two hundred meters of another in marine fisheries or within one hundred meters in fresh water fisheries unless they belong to the same licenses; in no case may they be less than sixty meters apart except in waters less than two meters deep at low tide, or unless previously approved by the Secretary or authorized representative (amended Section 67).
When the privilege is granted to a private party, it must be let to the highest bidder for a period of not exceeding five years, or for a longer period upon Secretary approval but not exceeding twenty years; grants are under conditions prescribed by the Secretary (amended Section 69).
Municipal council authority includes imposing restrictions subject to Secretary approval on rules regarding licenses for fishing vessels of three tons or less and on issuance of licenses for taking fish in municipal waters (amended Section 70).

Municipal fishing licenses and reporting

Municipal councils may promulgate, subject to approval of the Secretary, rules on issuance of licenses to qualified applicants under the law for operation of fishing vessels of three tons or less (amended Section 70).
Municipal councils grant the privilege of taking fish in municipal waters with nets, traps, or other fishing gear (amended Section 70).
When an exclusive privilege for taking fish is granted, it is granted upon payment of a municipal tax to persons qualified under Section 67, except those already licensed under Article Five of the Act (amended Section 70).
A municipal license tax privilege does not confer an exclusive right of fishery (amended Section 70).
The license tax is levied only once in any given year upon any fisherman (amended Section 70).
The levy is made by the municipality where the fisherman is a resident (amended Section 70).
Possession and exhibition of the receipt evidencing payment of the license tax entitle the fisherman to fish in any municipal waters of the Philippines (amended Section 70).
If the fee in the municipality where the fisherman desires to fish is greater than the fee where the fisherman obtained the license, the former municipality may collect only the difference between the two fees (amended Section 70).
Municipal councils cannot impose taxes or fees for the privilege of taking marine mollusk or shells of such, and cannot impose fees for pearling boat and pearl diver licenses, or for prospecting, collecting, or gathering sponges or other marine products (amended Section 70).
A municipal license under Section 70 does not operate within two hundred meters of any constructed fish coral licensed by a municipality, except if the licensee is the owner or operator of the fish corals (amended Section 70).
In no case does such municipal license operate within sixty meters of a constructed fish coral unless previously approved by the Secretary or authorized representative (amended Section 70).
Every holder of a commercial fishing license issued under Sections 18, 69, or 70 must render a duplicate monthly report of the kind and quantity of fish caught, and if marketed, the price received (amended Section 72).
Monthly reports are submitted once a month to the municipal treasurer or to the Secretary of Agriculture and Commerce or authorized representative, using the forms and manner prescribed by the Secretary (amended Section 72).
For those licensed by the municipality, reports on fish caught are submitted to the municipal treasurer, who forwards one copy to the Secretary or authorized representative (amended Section 72).
At year-end, the municipal mayor submits to the Secretary a report listing owners of fishing boats, fish nets, tackle, fish traps, and holders of fishery privileges; corresponding licenses issued; fee paid; quantity and value of fish caught; and other required information (amended Section 72).

Fish refuges and sanctuaries

Upon recommendation of the concerned bureau/office/service chief, the Secretary may set aside and establish fishery reserves or fish refuges and sanctuaries administered in the manner prescribed (amended Section 75).
Streams, ponds, and waters within game refuges, birds sanctuaries, national parks, botanical gardens, communal forests, and communal pastures are declared fish refuges and sanctuaries (amended Section 75).
It is unlawful in these places to take, destroy, or kill any fish fry or fish eggs, or to disturb or drive away fish, or take fish fry or eggs therefrom in any manner (amended Section 75).

Penal provisions and compromise fines

Any person who uses obnoxious substances or explosives in fishing in violation of Sections 11 and 12 is punished for each offense by a fine of not more than five thousand pesos and by imprisonment of not more than five years, or both, in the discretion of the court (amended Section 76).
All poisons, explosives, boats, tackle, apparel, furniture, or other apparatus used to aid the violation of Sections 11 and 12 shall be forfeited to the Government (amended Section 76).
The Secretary of Agriculture and Commerce may approve compromises, and the designated bureau/office/service chief may compromise cases arising under the Act at any stage subject to an administrative fine schedule (amended Section 80).
A vessel entering fishery reserves or closed areas for fishing is fined not exceeding one hundred pesos (amended Section 80(a)).
A vessel continuing to fish within sixty days after license expiration must pay the ordinary annual license fee in full (amended Section 80(b)).
A vessel fishing or continuing to fish without renewal is fined not exceeding fifty pesos for every month the license remains not renewed from the last day renewal should have been secured (amended Section 80(b)).
A vessel found using or employing unlicensed fishermen is fined not less than five nor exceeding ten pesos for each fisherman and for each month employed (amended Section 80(c)).
Obstruction: If the master, owner, or operator of any vessel obstructs or hinders any fish and game officer in lawful boarding or intentionally causes such officer to be obstructed, the fine is not exceeding one hundred pesos and the license may be cancelled (amended Section 80(d)).
Failure to submit required reports: if an owner/operator/authorized agent fails to submit a required report within thirty days from the time it is last due, the fine is not exceeding five pesos (amended Section 80(e)).
Failure to renew fisherman’s license: if a fisherman fails to renew within sixty days from expiration or fails to return the license within that period, the fine is not less than one nor exceeding two pesos (amended Section 80(f)).
Report transfer/lease: if a commercial fishing boat owner/operator transfers or leases the boat and fails to report within ten days to the Director of the Bureau/office concerned, the fine is not exceeding ten pesos (amended Section 80(g)).
Fishing without license: a vessel fishing without the requisite license is fined not exceeding two hundred pesos for each month of operation without license (amended Section 80(h)).
Other violations: compromises for violations not covered by the schedule may be made, but the fine cannot be less than ten per centum of the amount of fine prescribed by law or regulations (amended Section 80(i)).