Title
Committee on Fisheries Act to Stop Dynamite Fishing
Law
Executive Order No. 40
Decision Date
Oct 8, 2001
To protect the fish resources of the Philippines, Executive Order No. 40 establishes a Screening Committee to review "fish carrier" licenses and determine their legitimate fish stock sources, with the Secretary of Agriculture and Natural Resources making the final decision on license withdrawal or revocation based on the Committee's findings and recommendations.
A

Scope and Background

  • Dynamite fishing, prohibited under Section 12 and penalized under Section 76 of Act No. 4003 (Fisheries Act), is destructive to national fish resources
  • Large-scale dynamite fishing often involves boats licensed as "fish carriers"
  • Existing regulations do not require these boat owners to prove legitimate sources of their fish stock
  • Many licensed "fish carriers" are suspected of loading fish from illegitimate sources connected to dynamite fishing

Problem Identification

  • Current issuance and renewal of "fish carrier" licenses lack rigorous source verification
  • Owners who cannot prove legitimate fish sources undermine conservation efforts
  • Revoking licenses from these owners would eliminate key logistical support for dynamite fishing

Creation of Screening Committee

  • A Screening Committee is established, composed of one representative each from the Departments of Agriculture and Natural Resources, Finance, and National Defense
  • Secretaries of these departments must designate their representatives within ten (10) days from the date of the Executive Order

Committee's Mandate and Procedure

  • Screen all operators of boats licensed as "fish carriers"
  • Require presentation of evidence proving the legitimate source and monthly output of fish supply
  • Submit a written report with findings and evidence to the Secretary of Agriculture and Natural Resources

Authority and Final Decision

  • The Secretary of Agriculture and Natural Resources shall decide on withdrawal or revocation of licenses based on the Committee’s report
  • The Secretary's decision is final and binding

Future Regulatory Framework

  • The Committee is tasked with submitting a proposed set of rules and regulations to guide future issuance of "fish carrier" licenses
  • These rules will assist the Secretary of Agriculture and Natural Resources in exercising authority under Section 4 of the Fisheries Act

Legal and Administrative Impact

  • The order leverages administrative review and regulation to combat illegal fishing practices
  • It ensures control over fishing logistics by controlling the licensing of transport vessels
  • Strengthens enforcement of conservation laws through interdepartmental cooperation

Effective Date and Signatories

  • Executed in Manila on June 14, 1954
  • Signed by President Ramon Magsaysay and Executive Secretary Fred Ruiz Castro

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