Enforcement Deputies
- Includes members of Philippine Constabulary, municipal police, secret service, customs, coast guard, and designated officials.
- Deputies have authority to enforce the Act, make arrests, administer oaths, and take testimony.
Prohibition of Explosives in Fishing
- Use of dynamite or explosives for fishing is unlawful except for bona fide engineering works or navigation obstruction removal.
- Limited use of mechanical bombs for scientific purposes allowed with approvals.
- Possession of explosives on fishing boats is presumed illegal fishing.
Protection of Fish Fry and Eggs
- Taking fry, fish eggs, and small fish under 3 cm prohibited except for scientific, educational, or propagation purposes.
- Secretary may regulate fishing gear to protect fry; limited exceptions for species known as ipon.
Prohibition of Pollutants in Waters
- Discharges of petroleum, acids, coal tar, chemicals, mill tailings, factory refuse, and any substance harmful to aquatic life into Philippine waters are unlawful.
Importation and Exportation of Aquatic Animals
- Requires special permit from Secretary of Agriculture and Commerce.
- Applications must be submitted in advance with fees and possible inspection charges.
- Penalties and fines apply for non-compliance.
Licenses and Fees for Fishing Vessels
- Annual licensing required for powered vessels over 3 tons with progressive fees and surcharges for late renewal.
- Vessels under 3 tons licensed under a different provision.
- Fishing activities under licensed vessels are subject to restrictions and penalties.
Licensing Restrictions Near Shore and Fish Corals
- Offshore fishing licenses do not apply within three nautical miles of shore or near municipal fish coral areas, unless authorized.
Fisherman's License Requirements
- All persons working on commercial vessels over 3 tons require a fisherman’s license.
- License fees with surcharges for late renewal; citizenship and reciprocity restrictions apply.
- Temporary substitutes allowed for incapacitated licensed fishermen.
Fee on Fish Caught
- Secretary may fix fees for fish caught between 1 to 3 pesos per ton.
- Only one fee collected; failure to pay incurs 100% surcharge.
Pearling and Shell Collecting Licenses
- Issued upon payment and subject to qualifications and prior violations.
- Shell diver license required for use of submarine armor; daily collection limits for unlicensed collectors.
- Minimum sizes for shells regulated; possession of undersized shells is penalized.
- Use of unlicensed divers prohibited.
Regulation of Sponges and Minor Aquatic Products
- Restrictions on collection except for personal use with daily limits.
- Concessions granted for sponging with fees, duration up to 20 years, and area use conditions.
Annual Concession Fees and Revenue Distribution
- Fees up to 100 pesos per square km for sponges; 50 pesos for other products.
- Penalties for late payment include surcharges and possible cancellation.
- Revenue shared among National Treasury, provinces, and municipalities based on area.
Record Keeping and Inspection
- Concessionaires must maintain detailed records of harvests.
- Records subject to inspection at ports by authorized officers.
Payment Procedures for Fees
- Fees collected by designated officers; exemptions for small-volume personal collectors.
Permits and Leases for Fishponds within Forest Lands
- Issued with tenure up to 20 years, renewable but total not exceeding 50 years.
- Subject to forest laws and regulations.
Navigation Rights and Removal of Obstructions
- Lessees or permittees prohibited from obstructing free navigation and public passage.
- Unauthorized constructions subject to removal by Secretary or authorized representative.
Appropriation of Fees for Fisheries Development
- Annual fund up to 100,000 pesos from fees, fines, sales.
- Used for research, education, propagation, experimental stations, and fisheries management.
- Unused funds remain available for same purposes; does not revert to National Treasury.
Municipal Authority to Grant Fishery Privileges
- Municipal councils may grant exclusive privileges for fish coral creation, fishpond operation, or fry catching.
- Stock ownership requirements and transfer restrictions apply.
- Minimum distance requirements for fish corals; exceptions with approval.
Letting of Fishery Privileges to Private Parties
- Leases awarded to highest bidder, maximum 5 years or up to 20 with Secretary’s approval.
- Subject to conditions prescribed by Secretary.
Municipal Licensing and Taxes for Fishing in Municipal Waters
- Licenses issued for vessels under 3 tons with fees.
- No exclusive rights conferred except as provided; license tax imposed once per year per fisherman.
- Licensing fees cannot be imposed on mollusk fishing, pearling boats, or sponge gathering.
- Restrictions on fishing near licensed fish corals.
Reporting Requirements for Commercial Fishing
- Licensed commercial fishers and operators must submit monthly reports on catch kind, quantity, and prices.
- Municipal treasurers and mayors responsible for forwarding data to Secretary.
Establishment of Fish Refuges and Sanctuaries
- Secretary may establish fish reserves for protection.
- Protected areas declared fish refuges; taking or disturbing fish fry or eggs prohibited.
Penalties for Use of Poisons or Explosives in Fishing
- Fine up to 5,000 pesos and/or imprisonment up to 5 years per offense.
- Confiscation of implements and materials used in violation.
Compromise of Cases and Schedule of Administrative Fines
- Secretary’s approved officers may compromise cases with fines for various violations including:
- Fishing in reserves or closed areas.
- Fishing after license expiration.
- Employing unlicensed fishermen.
- Obstructing boarding officers.
- Failure to submit reports or renew licenses.
- Transfer or lease reporting failures.
- Fishing without license.
- Minimum fines and court action provisions for serious violations.
Sanctions for Failure to Report Fishing Data
- Willful refusal to report catch data may result in fines from 10 to 100 pesos and license revocation or cancellation.
Definitions
- "Fish coral" or "baclad": stationary traps or fences made of natural materials used to catch fish.
- "Fishery": commercial business of fishing and marketing aquatic products, including fishing grounds and rights.
- "Fish": expansive definition including fish, crustaceans, mollusks, and other aquatic animals.