ARTICLE XI.—Grant of fishery
Grant of fishery.
SEC. 67. Grant of fishery.—A municipal council shall have authority, for purposes of profit, to grant the exclusive privilege of erecting fish corrals or operating fishponds within any definite portion, or area, of the municipal waters, as denned in article two of this Act, to any citizen of the Philippine Islands or of the United States, or any association or corporation of which at least sixty-one per centum of the capital stock or of any interest in said capital stock belongs wholly to citizens of the Philippine Islands or of the United States and which is organized and constituted under the laws of the Philippine Islands or of the United States or of any State thereof and authorized to transact business in the Philippine Islands, or to any citizen of any country the laws of which grant similar rights to citizens of the Philippine Islands: Provided, however, That all foreign persons, associations or corporations who, at the time this law goes into effect, have legally obtained a municipal grant, license or permit to erect fish corrals or operate fishponds within municipal waters, may be granted renewals of such grants, licenses or permits so long as they have not been guilty of any violation of this Act, Article XXI of Chapter fifty-seven of Act Numbered Twenty-seven hundred and eleven, known as the Administrative Code, or the regulations promulgated thereunder: Provided, also, That no individual, association or corporation granted a municipal grant, license or permit shall be authorized to transfer or assign its or his interest or sell its or his stock directly or indirectly to persons, associations or corporations not qualified to hold a municipal ungrant, license or permit under the terms of this chapter, under penalty of forfeiture of its or his grant, license or permit: Provided, further, That a transfer made by a stockholder or member of an association or corporation of his stock or interest in violation of the provisions hereof shall not be cause of the forfeiture of the grant, license or permit of such association or corporation, but said transfer shall be null and void and shall not be registered in the books of such association or corporation.
Adjustment of matter of disputed jurisdiction over fishery.
SEC. 68. Adjustment of matter of disputed jurisdiction over fishery.—Where fresh-water lakes are not included within the limits of any one municipality, or where freshwater or tidal streams form boundaries between municipalities, disputes which may arise as to the waters within which any municipality may exercise the authority hereinabove conferred shall be referred by the respective councils of the municipalities concerned to the proper provincial boards, which body shall lay the facts, with its recommendation, before the Governor-General, to the end that he may either adjust the boundary so as to settle the jurisdiction or recommend the passage of adequate legislation.
Restriction upon letting of fishery to private party.
SEC. 69. Restriction upon letting of fishery to private party.—When the privilege to erect fish corrals or operate fishponds is granted to a private party as herein above authorized, the same shall be let to the highest bidder for the period of not to exceed five years, or upon the previous approval of the provincial board, for a longer period not exceeding twenty years, under such conditions as shall be prescribed by the Secretary of Agriculture and Natural Resources.
License tax upon taking of fish in municipal waters.
SEC. 70. License tax upon taking of fish in municipal waters.—A municipal council which has not granted the exclusive privilege of erecting fish corrals or operating fishponds in municipal waters, may impose a license tax upon the privilege of taking fish in such waters with nets, traps, or other fishing tackle, upon persons qualified according to section sixty-seven hereof, except those already licensed under article five of this Act: Provided, That no such license shall confer an exclusive right of fishery; that the imposition of this license tax upon this privilege shall be levied only once in any given year upon any fisherman; that the levy is to be made by the municipality wherein the fisherman is a resident; and that the possession and exhibition of receipts evidencing payment of the license tax shall entitle the fisherman to fish in any municipal waters in the Philippine Islands, in which the exclusive privilege of fishery has not been granted to any other person or persons: Provided, however, That in case the fee in the municipality where the fisherman desires to fish is greater than the fee in the municipality where he obtained his license, the former municipality may collect from him the difference between the two fees.
Application of general protective provisions.
SEC. 71. Application of general protective provisions.—Nothing in this chapter shall be construed as in any way preventing or interfering with the application of the general protective provisions specified in Article III of this Act to all municipal grants, licenses, or permits issued hereunder.
Report of kind and quantity of fish caught and prices for same.
SEC. 72. Report of kind and quantity of fish caught and prices for same.—For the purpose of gathering statistical returns of fisheries, every fisherman, licensed or unlicensed, shall render a report in duplicate to the municipal treasurer once a week of the kind and quantity of fish caught by him, and, if such fish are marketed, the price received by him for same. Such report shall be made on forms prescribed by the Secretary of Agriculture and Natural Resources. One copy of the report shall be sent by the municipal treasurer to the Secretary of Agriculture and Natural Resources or his duly authorized representative.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
