Title of Act.
Section 1
SECTION 1. Title of Act.—This Act shall be known as the "Fisheries Act."
Act No. 4003 (Fisheries Act) CHAPTER I
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ARTICLE I.—Title of Act, fisheries to which it applies, and officers charged with its execution
Application of provisions.
Section 2
SEC. 2. Application of provisions.—The provisions of this Act shall apply to all fishing and fisheries in Philippine waters.
Executive officers charged with execution of this Act.
Section 3
SEC. 3. Executive officers charged with execution of this Act.—The Secretary of Agriculture and Natural Resources shall be executive officer charged with carrying out the provisions of this Act, with authority to assign the direct executive control of the enforcement of its provisions and the rules and regulations that may hereafter be promulgated in according therewith to such representatives, bureau, office or service as said Secretary may designate.
Instructions, orders, rules and regulations.
Section 4
SEC. 4. Instructions, orders, rules and regulations.—The Secretary of Agriculture and Natural Resources shall from time to time issue such instructions, orders, rules and regulations consistent with this Act, as may be necessary and proper to carry into effect the provisions thereof and for the conduct of proceedings arising under such provisions.
Deputies authorized to enforce provisions of this Act.
Section 5
SEC. 5. Deputies authorized to enforce provisions of this Act.—Members of the Philippine Constabulary; members of municipal and municipal district police; members of the secret service force, inspectors, guards, wharfingers of the customs service; and such internal-revenue agents, officers of coast guard cutters and lighthouse keepers, and other competent officials, employees or persons as may be designated in writing by the Secretary of Agriculture and Natural Resources are hereby made deputies of said Department Head, with full power and authority to enforce the provisions of this Act and the regulations promulgated thereunder and to arrest offenders against the same.
ARTICLE II.—Definitions
Words and phrases defined.
Section 6
SEC. 6. Words and phrases defined.—Words and terms used in this Act shall be construed as follows: "Philippine waters, or territorial waters of the Philippines", includes all waters pertaining to the Philippine Archipelago, as defined in the treaties between the United States and Spain, dated respectively the tenth of December, eighteen hundred and ninety-eight, and the seventh of November, nineteen hundred. "Municipal waters", includes not only streams, lakes, and tidal waters included within the municipality, not being the subject of private ownership, and not comprised within national parks, public forests, timber lands, forest reserves, or fishery reserves, but also marine waters included between two lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline and distant from it three nautical miles. Where two municipalities are so situated on the opposite shores that there is less than six nautical miles of marine waters between them, the third line shall be a line equally distant from the opposite shores of the respective municipalities. "Person", includes firm, corporation, association, agent or employee. "Open", applies to beds, banks, shell-fields, zones, areas and regions in Philippine waters which have not been brought within the operation of an order of closure promulgated by the Secretary of Agriculture and Natural Resources. "Open season", that period of time during which fishing is permitted in a specified area or areas in Philippine waters. "Closed season", that period of time during which fishing is prohibited in a specified area or areas in Philippine waters, through an order of closure by the Secretary of Agriculture and Natural Resources. "Inclusion of dates", whenever a period is designated during which an act is permitted or prohibited, the first and second dates shall be included within such period. "Whole to include part", every provision relating to a fish or other aquatic animal shall apply to a part of such fish or other aquatic animal. "Sell and sale", includes barter, exchange, and offering or exposing for sale. "Possession", means actual or constructive possession and any control of things referred to. "Transport and transportation", means all carrying or moving or causing to be carried or moved. "Take or taking", includes pursuing, shooting, killing capturing, trapping, snaring, and netting fish and other aquatic animals, and all lesser acts, such as disturbing, wounding, stupefying, or placing, setting, drawing, or using any net or other device commonly used to take or collect fish and other aquatic animals, whether they result in taking or not, and includes every attempt to take and every act of assistance to every other person in taking or attempting to take or collect fish and other aquatic animals: Provided, That whenever taking is allowed by law, reference is had to taking by lawful means and in lawful manner. "Sponges'', unless otherwise specified, such as cleaned- or prepared sponges, shall be construed to mean sponges in their original or natural state and not prepared sponges.
ARTICLE III.—General protective provisions
Authority to declare and establish closed season.
Section 7
SEC. 7. Authority to declare and establish closed season.—The Secretary of Agriculture and Natural Resources shall have authority, subject to the approval of the Governor-General, to declare and establish a closed season for fish, shellfish, or any other aquatic animal specified by him.
Duration of dosed season.
Section 8
SEC. 8. Duration of dosed season.—A closed season established by the Secretary of Agriculture and Natural Resources may be so defined as to cover a particular portion or portion of each successive year, or if deemed necessary for the public interest, it may be made to extend over any single period of time of not more than five years' duration.
Application of closed season.
Section 9
SEC. 9. Application of closed season.—The order creating a closed season may be made applicable to the entire Philippine Islands or to any specified province or other territorial division therein, or it may be limited to a particular water or stream.
Issuance of order for closed season.
Section 10
SEC. 10. Issuance of order for closed season.—Such order shall be issued at least two months before the date of its taking effect, and if general, it shall be published in the Official Gazette once a week for three consecutive weeks prior to the same date. An order applying to a province, municipality or other territorial division, shall be published once a week for three consecutive weeks, in a local newspaper, if any there be, and copies of the order shall be posted at the main entrance of the provincial and municipal buildings and in said buildings, before it is to take effect. The Secretary of Agriculture and Natural Resources shall also adopt in each case such other means of publicity as he shall deem expedient to spread and maintain knowledge of the existence of the order among the people to be affected by it.
Prohibition of the use of obnoxious or poisonous substance in fishing.
Section 11
SEC. 11. Prohibition of the use of obnoxious or poisonous substance in fishing.—The use of any obnoxious or poisonous substance liable to stupefy, disable, or cause death of fishes or other aquatic animals for the taking of the same; or the placing of any such substance in fresh or marine waters of the Philippine Islands where it may cause the stupefaction, disablement, or death of fishes and is intended to cause such stupefaction, disablement, or death; or the gathering by any means of the fishes or other aquatic animals stupefied, disabled or killed by the action of poisonous or obnoxious substance shall be unlawful: Provided, however, That the Secretary of Agriculture and Natural Resources may issue permits for the use of poisonous or obnoxious substances in taking fish or other aquatic animals in limited numbers for scientific purposes only. Such authorized party must have the permit with him ready to exhibit on demand of any peace officer or deputy authorized in section five hereof to enforce the provisions of this Act.
Prohibition of the use of explosives in fishing.
Section 12
SEC. 12. Prohibition of the use of explosives in fishing.—The use of dynamite or other explosives for the stupefying, disabling, killing or taking of fish or other aquatic animals, or under water for any purpose except in the execution of bona fide engineering work and the destruction of wrecks or obstructions to navigation; or the gathering by any means of the fishes or other aquatic animals stupefied, disabled or killed by the action of dynamite or other explosives shall be unlawful: Provided, That the use of mechanical bombs for killing whales, crocodiles, sharks, or other large dangerous fishes, may be allowed, subject to the approval of the Secretary of Agriculture and Natural Resources and the Secretary of the Interior: And provided, further, That the Secretary of Agriculture and Natural Resources, with the concurrence of the Secretary of the Interior, may issue permits for the use of explosives in taking fish or other aquatic animals in limited numbers for scientific purposes only. permittees must be ready at all times to exhibit permits on demand by any peace officer or deputy authorized in section five hereof to enforce the provisions of this Act.
Protection of fry or fish eggs.
Section 13
SEC. 13. Protection of fry or fish eggs.—Except for scientific or educational purposes or for propagation, it shall be unlawful to take or catch fry or fish eggs and the small fish, not more than three centimeters long, known as siliniasi, in the territorial waters of the Philippine Islands. Towards this end, the Secretary of Agriculture and Natural Resources shall be authorized to provide by regulation such restrictions as may be deemed necessary to be imposed on the use of any fish net or fishing device, for the protection of fry or fish eggs: Provided, however, That the Secretary of Agriculture and Natural Resources shall permit the taking of the young of certain species of fishes, known as ipon, under such restrictions as may be deemed necessary.
Water pollution.
Section 14
SEC. 14. Water pollution.—It shall be unlawful to place, cause to be placed, discharge or deposit, or cause to be discharged or deposited, or to pass or place where it can pass into the waters of the Philippine Islands any petroleum, acid, coal, or oil tar, lamp-black, aniline, asphalt, bitumen, or residuary product of petroleum or carbonaceous material or substance, or any refuse, liquid or solid from any refinery, gas house, tannery, distillery, chemical works, mill or factory of any kind, or any sawdust, shavings slabs, edgings, or any factory refuse or any substance or material deletereous to fish or aquatic life.
Importation of foreign fish, mollusk, crustacean, etc.
Section 15
SEC. 15. Importation of foreign fish, mollusk, crustacean, etc.—The importation into the Philippine Islands of any foreign fish, mollusk, crustacean, or amphibian or other aquatic animal for the purpose of propagation shall be effected only through a special permit from the Secretary of Agriculture and Natural Resources. An application tor permit shall be presented at least twenty days prior to the probable date of arrival of such fish, mollusk, crustacean, or amphibian, or other aquatic animal. If imported without such special permit, such foreign fish, mollusk, crustacean, or amphibian, or other aquatic animal shall, upon arrival at any port of the Philippine Islands, be confiscated or returned at the expense of the owner, person, firm or corporation having charge or possession thereof. Nothing in this section, however, shall restrict the importation of natural history specimens for museums or scientific collections, and all importations hereunder shall be subject to inspection and such quarantine measures as may be considered necessary for the protection of plant and animal life in the Philippine Islands.
ARTICLE IV.—Classification of fisheries
Public fisheries classified.
Section 16
SEC. 16. Public fisheries classified.—For the purposes of this Act the public fisheries of the Philippine Islands shall be classified, according to their government and disposition, as follows: (a) Insular. (b) Municipal. (c) Reserve. The Governor-General, upon recommendation of the Secretary of Agriculture and Natural Resources, may, for reasons of public interest, transfer fisheries from one class to another.
Back to Act No. 4003 (Fisheries Act) — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).