Key Definitions
- "Philippine waters" includes waters defined by historical treaties covering the archipelago.
- "Municipal waters" cover streams, lakes, tidal waters within a municipality, and marine areas up to three nautical miles offshore.
- Terms like "person" (including entities), "open season", "closed season", "take", "sell", "transport", and more are defined specifically to cover all relevant fisheries activities.
- "Taking" includes all means of catching or disturbing aquatic life, even attempts.
Closed Season and Fishing Restrictions
- The Secretary has the authority to declare closed seasons for conservation, subject to Governor-General's approval.
- Closed seasons can last up to five years and apply to entire Philippines, specific provinces, or water bodies.
- Orders must be given two months in advance with publication in the Official Gazette or local newspapers and posted publicly.
- The use of poisonous or explosive substances to catch aquatic animals is prohibited.
- Permits may be issued for scientific use of poisonous substances or explosives.
- Protection is afforded to fry, fish eggs, and small fish, with taking prohibited except for scientific, educational, or propagation purposes.
- Any form of water pollution that harms aquatic life is prohibited.
- Importation of foreign aquatic animals requires special permits and quarantine measures.
Classification and Licensing of Fisheries
- Fisheries are classified into insular, municipal, and reserve.
- Offshore fishing vessels over three tons gross require licenses and pay an annual fee.
- Only citizens of the Philippines or United States, or qualified associations/corporations, may obtain licenses.
- Fishermen on such vessels must have a fisherman’s license.
- Municipalities retain rights to grant exclusive privileges within municipal waters, such as fish corrals or fishponds.
Marine Mollusca Fisheries
- Licenses to take marine mollusca are limited to qualified citizens or corporations meeting ownership criteria.
- License application process requires filing with designated official and fee payment.
- Pearling boats and shell divers require specific licenses, including first-class shell diver licenses.
- Shell size limits and classification standards are prescribed; possession of undersized shells is prohibited.
- Licensed vessels must keep daily records verifiable by authorities.
Sponge Fisheries
- Sponge fishing is limited to concession holders qualified under citizenship and ownership criteria.
- Concessions are granted for up to twenty years and subject to described territorial and operational conditions.
- Temporary prospecting permits are valid up to three months with quantity limits.
- Detailed reporting and grading of sponge harvests are required.
- Prohibitions include transfer of concessions to unqualified persons, fishing in areas granted to others, possession of undersized sponges, and using prohibited equipment except in deep waters.
Hawksbill Turtle Fisheries
- Taking hawksbill turtles requires a license subject to citizenship, ownership, and operational criteria similar to other fisheries.
- Licenses are valid for a calendar year and nontransferable.
- Licensees must keep catch records and submit them for inspection.
- Special permits may be issued for scientific or personal use.
- Restrictions on number of licensees may be imposed.
- Minimum size limits established; possession or trade of undersized turtles is prohibited.
- Certain capture methods, e.g., line and sinker, are prohibited.
Inland Fisheries and Fishponds
- Permits or leases for fishponds in forest lands may be issued for up to twenty years, subject to forest laws.
- These permits must not obstruct navigation or passage except for fishpond construction in mangrove swamps.
General Provisions on Fees and Research
- Fees collected are administered per internal revenue laws.
- Annual appropriations may be allocated for fisheries research, education, propagation, and related activities.
Municipal Fisheries Grants
- Municipal councils can grant exclusive fishery privileges within municipal waters to qualified persons or entities.
- Legal provisions prevent unauthorized transfer or assignment of such grants.
- Disputes over water boundaries are referred to provincial boards and government authorities.
- Municipalities may impose license taxes on fishing activities where exclusive grants are not issued.
- Licensed and unlicensed fishermen must report catch data regularly.
Reserve Fisheries
- The government can designate fishery reservations for exclusive use or scientific purposes.
- The Secretary may operate fishery farms and experimental stations and may sell or exchange such properties under specified conditions.
Fish Sanctuaries
- Certain water bodies within national parks and reserves are fish sanctuaries.
- Taking or disturbing fish or their young in these areas is prohibited.
Penal Provisions
- Violations involving poisonous substances or explosives carry fines and imprisonment; confiscation of equipment ensues.
- Informers leading to convictions receive half the fine.
- Offshore fishing violations may result in fines, imprisonment, and vessel forfeiture.
- Unauthorized taking of marine mollusca, undersized shells, and sponges entails fines, imprisonment, and confiscation.
- Fishermen failing to report catches face fines and license revocation.
- Other violations subject to fines and imprisonment as determined by courts.
Final and Repealing Provisions
- All laws or orders inconsistent with this Act are repealed.
- The Act takes effect upon approval.