Licensing and Fees for Taking Marine Mollusca
- Licenses issued by the Collector of Internal Revenue or deputies.
- Licenses valid for the remainder of the calendar year from issuance.
- Fees collected go to the provincial treasury where collected.
- Licensed persons may take marine mollusca anywhere in Philippine waters.
Pearling-Boat License Provisions
- Issued upon payment for qualifying vessels registered for Philippine coastwise trade.
- Not issued to persons twice convicted for violations of this Act.
Fee Regulation for Pearling-Boat Licenses
- The Secretary of the Interior sets fees or graduated fee scales based on vessel characteristics.
- Fees published at least 60 days before effectivity.
- Fees capped at four hundred pesos annually.
- Fees payable quarterly in advance with penalties for delinquency similar to fixed internal revenue taxes.
First-Class Shell Diver's License
- Authorizes use of submarine armor for mollusca harvesting.
- Issued by the Collector of Internal Revenue upon fee payment.
- Not issued to repeat violators.
- Fee set at ten pesos per year, payable in advance.
Employment and Vessel Record-Keeping
- Unlicensed divers cannot be employed on licensed pearling boats.
- Licensed vessels must keep daily records of shells collected.
- Records subject to inspection by customs or internal revenue officers before shipment or sale.
- Disposal of shells requires prior inspection and logging.
Restriction on Opening Pearl Oyster Shells
- Opening shells of the pearl oyster species Margaratifera maxima without owner or lessee permission is unlawful.
Secretary of the Interior's Authority to Close Breeding Grounds
- Authority to close any shellfish breeding place fully or partially for up to five years.
- Taking shells or fishing during closures prohibited as per terms.
Minimum Size Regulations
- Secretary sets minimum sizes for specified species including Margaratifera maxima, Trochos niloticus, Turbo marmoratus, and Margaratifera margaratifera.
- Taking, selling, transferring, or possessing undersized shells is unlawful.
- Accidental removal must be followed by immediate return without opening to avoid penalties.
Export and Shipment Restrictions
- Shipping or exporting shells from named species requires proper customs procedures at ports of entry.
License Quantity and Operation Restrictions
- Secretary authorized to limit number of licenses or licensees for public interest.
- Limitations may apply to species or specific geographic zones.
- Secretary may refuse or cancel licenses if deemed necessary in public interest.
- Secretary's decisions on these matters are final.
Special Permits for Scientific and Propagation Purposes
- Secretary may issue permits to unlicensed persons for taking mollusca for science or propagation with conditions.
Exemptions for Traditional and Customary Practices
- The Act does not prohibit taking properly sized mollusca by naked divers using customary native boats, rafts, rakes, or dredges in open areas.
Rulemaking and Distribution of Regulations
- Secretary shall promulgate necessary regulations to implement the Act.
- Collectors of Internal Revenue must provide copies of regulations to licensees.
Penalties for Violations
- Violations punishable by fines up to one hundred pesos or imprisonment up to one month, or both.
- Specific fine of five pesos per undersized valve of Margaratifera maxima for related offenses.
Compromise of Cases
- Collector of Internal Revenue may compromise cases with Secretary's approval.
Definitions
- "Philippine waters" refers to marine waters of the Philippine Archipelago as defined by treaties between the US and Spain (Dec 10, 1898, and Nov 7, 1900).
- "Open" areas are beds, banks, or shell-fields not closed by orders from the Secretary of the Interior.
Effectivity
- The Act took effect immediately upon passage on February 4, 1916.