Republic
of the Philippines
MINISTRY OF AGRICULTURE AND FOOD
Diliman, Quezon City
1986-06-13
FISHERIES ADMINISTRATIVE )
ORDER No. 157 :
Series of 1986 )
SUBJECT: Rules
and regulations on the gathering, taking, removing,
or collecting of "kapis" of the species
Placuna placenta in Philippine waters.
Section 1. Definition. - For the purpose of this Order,
the following words shall refer to:
a) |
"Kapis" (windowpane shells) - bivalve mollusks belonging
to the species Placuna placenta with
thin, almost colorless and semitransparent valves
with rounded outline, one valve more or less
falttened and the other valve slightly convex; |
b) |
Person - natural
person; |
c) |
Bureau - Bureau
of Fisheries and Aquatic Resources; |
d) |
Director - Director
of Fisheries and Aquatic Resources; |
e) |
Minister - Minister
of Agriculture and Food. |
Section 2. Issuance of permit. - It shall be
unlawful for any person to gather, take, remove or
collect "kapis" in Philippine waters without
a permit duly issued by the Director or his duly authorized
representative.
Section 3. Prohibition. -
The gathering, taking, removing or collecting of kapis
less than 80 millimeters in diameter measured from
the base perpendicular towards the top edge of the
shell, and the use of mechanical rakes and dredges,
or the use thereof on board a motorized boat are hereby
prohibited.
Section 4. Application fee. - An application to gather,
take, remove or collect kapis shall be filed with
the Bureau upon payment of a fee of P20.00.
Section 5. Permit fee. - An application to gather, take,
remove or collect kapis shall be issued for a period
of 1 year subject to renewal upon payment of a fee
of P30.00.
Section 6. Restricted areas. - The Minister upon recommendation
of the Director may, from time to time, designate
restricted areas in Philippine waters where the gathering,
taking, removing or collecting of kapis shall be prohibited
for the purpose of conservation.
Section 7. Auxiliary invoice. - All shipments
of kapis shells shall be covered by an auxiliary invoice
which shall be secured from the nearest Fishery Office
upon payament of P10.00 per fifty (50) kilos.
Section 8. Penalty. - Violation of any provision of this
Order shall subject the offender to a fine of not
less than P500, but not more than P5,000 or imprisonment
from 6 months to 4 years, or both such fine and imprisonment
in the discretion of the Court: Provided, That the
Director of Fisheries and Aquatic Resources is hereby
empowered to impose upon the offender an administrative
fine of not less than P500 but not more than P5,000,
revoke the permit, confiscate the gear and other paraphernalia
used therein including the kapis gathered for proper
disposition: Provided, Further, That the
Director or his duly authorized representative is
likewise empowered to confiscate gathered undersized
kapis shells as prohibited under Section 3 hereof
without prejudice to the imposition of a similar fine
against the possessor thereof.
Section
9. Repealing clause. - All existing
administrative orders, rules and regulations or parts
thereof which are inconsistent with the provisions
of this Order are hereby repealed or amended accordingly.
Section
10. Effectivity. - This administrative
order shall take effect 15 days after its publication
in the Official Gazette and/or in 2 newspapers of
general circulation.
(SGD.)
RAMON V. MITRA
Minister
RECOMMENDED BY:
(SGD.)
JUANITO B. MALIG
Director
Bureau of Fisheries and
Aquatic Resources
Published: September 1, 1986
1. Manila Chronicle
2. Ang Pahayagang Malaya
Effectivity: September 17, 1986
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