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.

Policy against dynamite fishing

  • Government preservation of fish resources is declared an essential objective because fish is an essential food of the people.
  • Dynamite fishing is treated as destructive of fish resources and is prohibited under Section 12 of Act No. 4003.
  • Dynamite fishing is penalized under Section 76 of Act No. 4003.
  • The order links large-scale dynamite fishing with the use of boats licensed as fish carriers.
  • The order is designed to identify fish carrier operators that lack legitimate fish sources and to remove them from operation.

Committee composition and designation

  • The Screening Committee is composed of one representative from each of the Departments of Agriculture and Natural Resources, Finance, and National Defense.
  • Each representative is to be designated by the respective Secretaries of those departments.
  • Designation must occur within ten (10) days from the date of June 14, 1954.
  • The committee is tasked with screening duties that must begin immediately after formation.

Screening requirements and evidence

  • The Screening Committee shall immediately proceed to screen all persons operating boats licensed as “fish carriers.”
  • Fish carrier operators are required to present evidence proving the legitimate source of their fish supply.
  • Fish carrier operators must also present evidence of their monthly output of fish supply.
  • The screening is intended to distinguish operators with legitimate resources from those without.

Reporting, recommendations, and proof submitted

  • The Screening Committee must submit a written report to the Secretary of Agriculture and Natural Resources.
  • The committee’s report must include its findings and recommendations.
  • The committee’s report must be accompanied by the evidence presented in each case.
  • The Secretary relies on the committee’s findings, recommendations, and accompanying evidence to decide on license actions.

License withdrawal or revocation authority

  • The Secretary of Agriculture and Natural Resources shall decide whether to withdraw or revoke the fish carrier license in each case.
  • The Secretary’s decision is made on the basis of the Committee’s findings and recommendations.
  • The Secretary’s decision is final.
  • Withdrawal or revocation is intended to remove potential instruments of dynamite fishing from operation.

Future licensing rules and delegated guidance

  • The Screening Committee must submit a proposed set of rules and regulations governing the issuance of fish carrier licenses.
  • The proposed rules are intended for guidance of the Secretary of Agriculture and Natural Resources.
  • The Secretary of Agriculture and Natural Resources is to use the proposed rules in promulgating future regulations on fish carrier licensing.
  • The Secretary’s future rulemaking is tied to the exercise of authority under Section 4 of Act No. 4003 (Fisheries Act).

Issuance details and effectivity mechanism

  • The order is done in the City of Manila and dated June 14, 1954.
  • It is signed by Ramon Magsaysay, President of the Philippines, with Fredo Ruiz Castro as Executive Secretary.
  • No publication rule, transitory clause, or effective date other than issuance date is stated in the order’s operative provisions.

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