Title
Ban on trawl fishing in shallow waters
Law
Republic Act No. 3048
Decision Date
Jun 17, 1961
Republic Act No. 3048 prohibits trawl fishing in shallow fishing areas of the Philippines, aiming to protect the marine ecosystem and preserve biodiversity, while also allowing local governments to regulate the operation of baby trawls in municipal waters with the approval of the Secretary of Agriculture and Natural Resources, and imposing penalties for violators.

Policy and scope of the ban

  • Section 1 bars no person, association, or corporation from operating trawl fishing in Philippine fishing areas that are seven fathoms deep or less.
  • The prohibition applies within the fishing areas of the Philippines meeting the depth criterion in Section 1.
  • The law covers both private entities and organized groups (“association”) as well as corporations under Section 1.

Authority to regulate special municipal cases

  • Section 1 authorizes city and municipal councils to promulgate ordinances regulating baby trawls.
  • Section 1 also allows local regulation of trawls using fishing boats of three tons gross or less.
  • Ordinances under Section 1 must be subject to the approval of the Secretary of Agriculture and Natural Resources.
  • Regulation under Section 1 applies in municipal waters.

Criminal penalties for violations

  • Section 2 imposes liability on any person, association, or corporation that violates the ban in Section 1.
  • Section 2 provides that the penalty is a fine not exceeding one thousand pesos.
  • Section 2 provides that the penalty also includes imprisonment not exceeding one year.
  • Section 2 authorizes the Court to impose fine, imprisonment, or both in its discretion.

Legal effects and transition

  • Section 3 provides that the Act takes effect upon its approval.
  • Section 1 contains an express exception framework for city and municipal councils regulating baby trawls or those using boats three tons gross or less in municipal waters, subject to approval by the Secretary of Agriculture and Natural Resources.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.