Fisheries Act Regulation and Protection

Defined terms and territorial baselines

Section 6 defines “Philippine waters, or territorial waters of the Philippines” as all waters pertaining to the Philippine Archipelago as defined in treaties between the United States and Spain dated December 10, 1898 and November 7, 1900.
Section 6 defines “Municipal waters” to include streams, lakes, tidal waters within municipalities not under private ownership and not comprised within national parks, public forests, timber lands, forest reserves, or fishery reserves; and marine waters between municipal boundary lines at low tide and a third line parallel to the general coastline distant three nautical miles.
Section 6 provides that when two municipalities are on opposite shores with less than six nautical miles of marine waters between them, the third line is equally distant from the opposite shores.
Section 6 defines “Person” to include firm, corporation, association, agent, or employee.
Section 6 defines “Open” as areas in Philippine waters not brought within an order of closure issued by the Secretary.
Section 6 defines “Open season” as the period when fishing is permitted in specified areas, and “Closed season” as the period when fishing is prohibited through an order of closure by the Secretary.
Section 6 defines interpretive rules: “Inclusion of dates” includes the first and second dates of any permitted/prohibited period; “Whole to include part” applies provisions on a fish or aquatic animal to a part of that animal.
Section 6 defines “Sell and sale” as including barter, exchange, and offering or exposing for sale.
Section 6 defines “Possession” as actual or constructive possession and any control of things referred to.
Section 6 defines “Transport and transportation” as carrying or moving or causing such carrying or moving.
Section 6 defines “Take or taking” broadly to include pursuing, shooting, killing, capturing, trapping, snaring, netting, and lesser acts (including disturbing, wounding, stupefying, and setting/drawing/using nets or devices), whether or not taking results, including every attempt and assistance in taking or attempting to take.
Section 6 provides that when taking is allowed by law, reference is to taking by lawful means and in lawful manner.
Section 6 defines “Sponges” (unless otherwise specified) as sponges in their original or natural state, not prepared sponges.

Closed seasons and notice requirements

Section 7 grants the Secretary of Agriculture and Natural Resources authority, subject to approval of the Governor-General, to declare and establish a closed season for fish, shellfish, or any other aquatic animal specified.
Section 8 allows a closed season to cover portions of successive years or extend over a single period of time of not more than five years.
Section 9 allows the closed-season order to apply to the entire Philippine Islands, specified provinces or territorial divisions, or a particular water or stream.
Section 10 requires closed-season orders to be issued at least two months before effectiveness.
If the closed season applies generally, Section 10 requires publication in the Official Gazette once a week for three consecutive weeks before effectiveness.
If the closed season applies to a province, municipality, or territorial division, Section 10 requires weekly publication for three consecutive weeks in a local newspaper if any exists, plus posting at the main entrance of provincial and municipal buildings and in said buildings before effectivity.
Section 10 requires the Secretary to adopt other publicity means to spread and maintain knowledge of the closed-season order among affected people.

Core prohibitions on harmful fishing and handling

Section 11 prohibits using obnoxious or poisonous substances liable to stupefy, disable, or cause death of fishes or other aquatic animals for taking them.
Section 11 prohibits placing such substances in fresh or marine waters of the Philippines where they may cause stupefaction, disablement, or death and where the placement is intended to cause such results.
Section 11 prohibits gathering fish or aquatic animals that were stupefied, disabled, or killed by poisonous or obnoxious substances.
Section 11 authorizes permits for scientific purposes only: the Secretary may issue permits for limited numbers of poisonous or obnoxious substances for scientific purposes, and permit holders must have the permit ready for exhibition upon demand by peace officers or Section 5 deputies.
Section 12 prohibits using dynamite or other explosives for stupefying, disabling, killing, or taking aquatic animals, or using explosives under water for any purpose except bona fide engineering work and destruction of wrecks or obstructions to navigation.
Section 12 prohibits gathering fish or aquatic animals stupefied, disabled, or killed by dynamite or other explosives.
Section 12 allows use of mechanical bombs for killing whales, crocodiles, sharks, or other large dangerous fishes subject to approval of the Secretary of Agriculture and Natural Resources and the Secretary of the Interior.
Section 12 permits scientific-use exceptions: permits may be issued for limited numbers of explosives for scientific purposes only, and permittees must be ready to exhibit permits upon demand by peace officers or Section 5 deputies.
Section 13 prohibits, for territorial waters of the Philippines, taking or catching fry or fish eggs and small fish not more than three centimeters long known as “siliniasi”, except for scientific or educational purposes or for propagation.
Section 13 authorizes the Secretary to impose restrictions on the use of any fish net or fishing device to protect fry or fish eggs.
Section 13 requires permitting the taking of “ipon” (young of certain species) under restrictions the Secretary deems necessary.
Section 14 prohibits placing, causing to be placed, discharging, depositing, or passing into Philippine waters specified harmful substances and wastes, including petroleum, acid, coal, oil tar, lamp-black, aniline, asphalt, bitumen, residuary petroleum products, carbonaceous substances, and refinery/gas house/tannery/distillery/chemical works/mill/factory refuse or deleterious materials for fish or aquatic life.
Section 15 restricts importation of foreign aquatic animals for propagation: importation must be through a special permit from the Secretary.
Section 15 requires an application to be presented at least twenty days prior to the probable arrival date.
Section 15 provides that imported foreign aquatic animals without the special permit must, upon arrival at any port, be confiscated or returned at the expense of the owner/person/firm/corporation in charge or in possession.
Section 15 preserves importation of natural history specimens for museums or scientific collections and subjects all importations under this section to inspection and quarantine measures for protection of plant and animal life.

Public fishery classification and transfers

Section 16 classifies public fisheries as Insular, Municipal, and Reserve.
Section 16 empowers the Governor-General, upon recommendation of the Secretary of Agriculture and Natural Resources and for reasons of public interest, to transfer fisheries from one class to another.

Insular fisheries: deep-sea/offshore licensing

Section 17 prohibits operating any vessel of more than three tons gross for catching fish in Philippine territorial waters without a license issued under the Act.
Section 18 empowers the Secretary to issue licenses for powered vessels of more than three tons gross upon payment of an annual fee of not less than five pesos and not more than two hundred pesos, paid before April 1 of each year for every vessel subject to taxation.
Section 18 subjects fish-catching under such licenses to limitations, restrictions, and penalties under the Act.
Section 18 exempts sailing or rowed vessels not rowed nor operated in connection with power-propelled vessels or any craft of not more than three tons gross towed by power-propelled launches or vessels from the fee.
Section 19 authorizes the Secretary to grant free permits to qualified persons, associations, or corporations of good repute to operate vessels of more than three tons gross for scientific, educational, personal purposes, or propagation.
Section 19 provides permits under this scientific exception are in force for one year only and are subject to conditions imposed by the Secretary.
Section 19 requires that if the permit holder proves to have caught fish for other than the permitted purposes (scientific, educational, personal, or propagation), the permit holder is subject to the same penalty as if he had no permit.
Section 20 restricts issuance of insular fishing licenses to citizens of the Philippines or the United States; or associations/corporations duly registered or incorporated under laws of the Philippines or the United States (or any state thereof) and authorized to transact business in the Philippines; and requiring at least 61% of capital stock or interest belongs wholly to citizens of the Philippines or the United States, or to citizens of countries granting similar rights.
Section 20 allows existing operators of vessels of more than three tons gross at the time the law goes into effect to obtain licenses for the vessels they are operating, and to renew them for the same vessels so long as they continue commercial catching and have not violated the Act, customs laws, or regulations.
Section 20 prohibits licensed entities from transferring or assigning interest or selling stock (directly or indirectly) to persons/associations/corporations not qualified to hold a license; violation results in forfeiture of the license.
Section 20 states that a stockholder/member’s transfer violating the prohibition does not forfeit the license of the association/corporation, but the transfer is null and void and not registrable in the association’s/corporation’s books.
Section 20 establishes a presumption that persons/associations/corporations engaged in fishing with base of operations in the islands or bringing fish to any port/city/municipality/municipal district are presumed to have caught fish in the territorial waters of the Philippines.
Section 21 provides that granting insular licenses does not preclude municipal councils from granting exclusive privileges to erect fish corrals or operate fishponds within a zone or area within three nautical or geographical miles from the coast line.
Section 21 subjects catching by vessels of more than three tons gross within municipal waters to the requirements of this article.
Section 21 prohibits any insular license from operating within two hundred meters of any fish corral licensed by a municipality, except if the licensee is the same person authorized by the municipality to operate such fish corral.
Section 22 requires a fisherman’s license for any person employed or engaged as fisherman on a vessel of more than three tons gross for commercial catching of fish.
Section 22 sets the annual fisherman's license fee at twenty centavos, payable before April 1 of each year.
Section 22 limits fisherman’s licenses to citizens of the Philippines or the United States or citizens of countries with similar rights.
Section 22 allows aliens engaged in fishing on vessels of more than three tons gross at the time the Act goes into effect to be licensed under this Act as long as they have not violated the Act/customs laws/regulations.
Section 23 empowers the Secretary to fix fees for fish caught at a rate of not less than one peso and not more than three pesos per ton, gross weight, or one per centum of the selling price, and to prescribe the manner of collection.
Section 23 provides that only one fee shall be collected and that regulations must not interfere with free movement and disposition of fish caught in accordance with Article V.

Marine mollusca fisheries: licenses, districts, diving, and shipping

Section 24 allows applications for licenses to take marine mollusca by Philippine or United States citizens; qualified associations/corporations meeting the 61% capital ownership requirement; and citizens of countries granting similar rights.
Section 24 requires renewal treatment for foreign licensees: foreign persons/associations/corporations that legally obtained licenses under Act Numbered Twenty-six hundred and four may be granted renewals so long as they have not violated this Act, Act Numbered Twenty-six hundred and four, or customs laws or regulations.
Section 24 prohibits licensed mollusca operators from transferring or assigning interest or selling stock to non-qualified persons/entities, under penalty of forfeiture of the license.
Section 24 states that a violating stockholder/member transfer does not forfeit the association/corporation license but is null and void and not registerable in corporate books.
Section 25 requires license applications to take marine mollusca or their shells to be filed in triplicate with the official/chief of the bureau/office/service designated to carry out the Act, who then forwards the original and duplicate copies with recommendation to the Secretary.
Section 25 requires the Secretary to issue licenses upon proof the license fees have been duly paid.
Section 25 exempts from fees: taking marine mollusca without the use of boat, submarine dredge, rake, or submarine armor; or taking marine mollusca whose shells have value less than twenty-five pesos per ton, by any device whatever.
Section 25 makes licenses run for the remainder of the calendar year following issuance and authorizes taking in Philippine waters subject to Article VI restrictions and conservation rules.
Section 26 provides for issuance of a pearling boat license to qualifying vessels subject to conditions in Sections 24 and 25.
Section 26 prohibits issuing a pearling boat license to a vessel owned or operated in whole or in part by a person twice convicted of violating this article.
Section 27 authorizes issuance of a first-class shell diver’s license for use of submarine armor, upon application and required fee.
Section 27 prohibits issuance of such diver’s license to applicants lacking qualifications required in Section 24, and prohibits issuance to persons twice convicted of violating this article.
Section 27 limits the diver’s license validity to one year only from date of issue unless revoked for cause, and makes it not transferable.
Section 27 provides that taking shells from the sea bottom of less than the legal size under Section 36 is sufficient cause to cancel the license.
Section 28 prohibits vessels holding a pearling boat license from employing any unlicensed diver.
Section 29 requires each pearling vessel operating under a pearling boat license to display plainly on each side in letters or symbols and figures not less than twenty centimeters high the letter/symbol for each pearling district and the number of the pearling boat license.
Section 30 divides the Philippine Islands into twenty-eight pearling districts and assigns each a letter/symbol list from A to BB, including the examples of B-2 for the second license in district B.
Section 30 requires that licenses show the district letter/symbol and the license number in the upper left corner, and be issued in serial order beginning with number 1 for each district.
Section 31 requires every licensed vessel to keep a daily record of shells collected each day.
Section 31 requires inspection and verification by the collector of customs, any internal-revenue officer, or any officer authorized under this Act at any port where the owner/master desires to ship, sell, or dispose of shells.
Section 31 prohibits discharging or disposing shells aboard without inspection, and requires officers to note inspection in the vessel log/record book, sign a formal copy, and forward it to the Secretary of Agriculture and Natural Resources.
Section 32 authorizes a special permit for scientific, educational, personal purposes, or propagation for marine mollusca of any kind or size.
Section 32 limits the special permit to one year from issuance, makes it not transferable, and subjects it to other Secretary-imposed restrictions.
Section 32 allows cancellation if the permit holder takes mollusca for other than the permitted purposes.
Section 33 requires holders of licenses or permits to carry them at all times and exhibit upon demand by peace officers or persons designated by the Secretary to enforce the Act.
Section 33 provides that failure to comply cancels licenses/permits.
Section 33 requires seizure and nullity if licenses/permits show defaced/erased/illegible issue dates.
Section 34 authorizes the Secretary to impose restrictions on number of licenses, number of licensees, extension to one or more species, and application generally across Philippine waters or within particular areas.
Section 34 allows the Secretary to refuse applications or cancel licenses when public interest requires, and declares the Secretary’s action final.
Section 35 empowers the Secretary to prescribe the fee for pearling boat licenses or a graduated scale by vessel character/capacity and to announce it in an order published at least sixty days before effectivity; the fee must not exceed four hundred pesos per annum.
Section 35 sets shell diver’s license fee at two pesos per annum, payable in advance.
Section 36 authorizes the Secretary to fix minimum shell sizes for specified species and then prohibits taking/selling/transfer/possession of shells or valves smaller than the minimum for the particular species.
Section 36 requires undersized shells removed by accident or ignorance to be returned immediately without being opened; otherwise, offenders are penalized under the penal provisions of the Act.
Section 37 prohibits shipment or exportation of shells of species in Section 36 unless properly effected through the customhouse at a port of entry.

Sponge fisheries: concessions, permits, fees, records, and limits

Section 38 prohibits fishing, collecting, or gathering sponges from the sea bottom or reefs within territorial waters except as provided in the sponge article.
Section 39 authorizes sponge concessions only for Philippine/United States citizens, qualified associations/corporations meeting the 61% ownership requirement, or citizens of countries granting similar rights.
Section 39 provides renewals for foreign concession holders who held concessions under Act Numbered Twenty-five hundred eighty-four, as amended by Act Numbered Thirty-seven hundred and thirty-five, as long as they have not violated this Act, the amended Act, customs laws, or regulations.
Section 39 prohibits concessionaires from transferring/assigning concessions or permits or selling stock to non-qualified persons/entities; violation results in cancellation or forfeiture of the concession.
Section 39 states violating stockholder/member transfers are null and void and not registerable, without forfeiting the concession/license of the association/corporation.
Section 40 requires sponge concession applications to be filed in triplicate and to be under oath, including:
- Age, citizenship, residence of individual applicants; or officers, domicile, and organization under relevant laws for corporations/associations;
- Area of concession applied for;
- Whether the area conflicts with any existing concession already granted or occupied;
- Capital available for investment;
- A statement that upon approval the concession shall be marked at each corner with properly anchored buoys.
Section 40 requires the application to include latitude and longitude indicated upon a chart using the latest published charts of the Bureau of Coast and Geodetic Survey.
Section 41 requires the bureau/office/service chief to forward original and duplicate concession application copies to the Secretary.
Section 41 provides that the Secretary may grant the concession if satisfied of qualifications and responsibility and upon proof the concessionaire has paid the fee required.
Section 41 requires persons working under a concession or permit to carry a copy at all times and exhibit upon demand by peace officers or designated persons to enforce the Act.
Section 42 limits sponge concessions to sponging privileges exclusively, with duration of not to exceed twenty years, and requires that concessions do not interfere with free passage of boats/vessels and do not prevent unrestricted fishing by others over the area for marine forms other than sponges.
Section 42 authorizes the Secretary, subject to confirmation, to select without charge adequate areas of foreshore and waters for government experiment stations or schools to cultivate sponges or other marine forms.
Section 43 sets annual concession fee at a rate not exceeding one hundred pesos per square kilometer, due January 1 each year.
Section 43 allows quarterly installment payment on or before January 20, April 20, July 20, and October 20, or on or before the last days of said months in remote provinces at the Secretary’s discretion.
Section 43 provides a 10% increase if the fee due is not paid within the period allowed without penalty; the increment becomes part of the fee.
Section 43 requires cancellation if the concession fee remains delinquent fifty days after becoming due, without prejudice to criminal proceedings under the penal provisions.
Section 43 mandates revenue sharing: 20% to the Insular Treasury and 40% each to the province and municipality where the concession is located; if within two or more provinces/municipalities, distribution follows proportions of areas included.
Section 44 authorizes temporary written prospector’s permits for waters not under concession, upon payment of five pesos.
Section 44 limits the temporary prospector’s permit to three months, disallows renewal, and limits gathering to not more than fifty kilograms cleaned sponges under the permit.
Section 44 requires seizure of defaced/erased/illegible-date temporary permits by the first peace officer who becomes aware.
Section 44 requires return of permits at the end of their period to the issuing officials marked “cancelled”.
Section 45 requires concessionaires and prospectors to keep complete statements of sponges collected showing amount by quality, size, and variety.
Section 45 requires inspection and verification by designated officers at ports where sponges are to be disposed; officers must note inspection on the statement, sign, and forward it to the enforcement-designated office/bureau/service.
Section 46 grants sponge concessionaires privilege to erect necessary plant—houses, drying racks, corrals, landing, etc.—on the shore convenient to the concession for curing sponges.
Section 46 requires Secretary approval under Chapter IX of Act Numbered Twenty-eight hundred and seventy-four, as amended, before erecting the structures.
Section 47 sets a size limit: no commercial sponges of less than ten centimeters through any diameter may be taken, except for sponge culture within Philippine waters.
Section 47 requires trimming, then sorting sponges into categories:
- “forms” for perfect whole specimens,
- “seconds” for imperfect specimens not requiring cutting,
- “cuts” for specimens with crab or coral holes divided into smaller shapes.
Section 47 defines grade numbers by pieces required to make a kilogram (No. 1 if one sponge weighs a kilogram; No. 2 if two required; No. 3 if three required; etc.).
Section 47 requires determining size by passing sponges through holes/rings of ten centimeters inside diameter.
Section 47 requires marking of recognized varieties: sheepswool sponge, honeycomb sponge, zimocca sponge, sidu sea bath sponge, grass sponge, and elephant-car sponge.
Section 48 prohibits shipping, removing, or exporting any sponge unless first trimmed, graded, and truthfully labeled.
Section 49 declares unlawful and prohibits:
- Transferring any concession or permit except to qualified persons/entities and with Secretary consent;
- Fishing/collecting/gathering sponges within another concession’s boundary or by a concessionaire outside their concession boundary;
- “Loading” or impregnating sponges with foreign substances to increase apparent weight and deceive buyers;
- Shipping from or attempting to ship sponges taken from Philippine waters except through the customhouse at a port of entry;
- Possessing Philippine commercial sponges without a concession or permit and traceable bill of sale;
- Removing, defacing, destroying, or interfering with location marks of any concession;
- Possessing undersized sponges or sponges less than ten centimeters through any diameter;
- Taking commercial sponges using any dredge or “gan-gara” except in waters of more than thirty fathoms depth.
Section 50 provides that Article VIII’s sponge provisions do not apply to gathering sponges outside concession limits if daily gathering does not exceed five kilograms.

Hawksbill turtle fisheries: licensing, records, size, and bans

Section 51 prohibits taking hawksbill turtles (Eretmochelys imbricata) in Philippine waters unless covered by a license issued under the hawksbill turtle article.
Section 52 restricts hawksbill turtle license issuance to Philippine or United States citizens, qualified associations/corporations meeting 61% ownership, or citizens of countries granting similar rights.
Section 52 allows renewals for foreign persons/associations/corporations already engaged in catching hawksbill turtles at law effectivity so long as they have not violated the Act, customs laws, or regulations.
Section 52 prohibits transfer/assignment of license interest or selling stock to non-qualified persons/entities; violation results in cancellation or forfeiture of the license.
Section 52 declares stockholder/member violating transfers as null and void without forfeiting the association/corporation’s license.
Section 53 requires hawksbill turtle license applications to be filed in triplicate with the designated bureau/office/service, with forwarding of original and duplicate copies and recommendation to the Secretary.
Section 53 requires the Secretary to issue hawksbill turtle licenses upon proof required license fees have been duly paid.
Section 53 limits licenses to remain in force only until the end of the calendar year for which issued and makes them nontransferable.
Section 53 requires hawksbill turtle licenses to authorize taking only subject to the article and rules/regulations/restrictions for protection and conservation.
Section 54 requires license holders to keep a true record of number of turtles taken and persons/boats employed.
Section 54 requires customs collector, internal-revenue officer, or authorized officer to inspect and verify records at ports where turtles are disposed.
Section 54 prohibits disposing catch without inspection; requires officer to note inspection, make a formal copy of the record, sign, and forward it to the Secretary.
**Section 55