Commonwealth
of the Philippines
Department of Agriculture and Commerce
Bureau of Science
Fish and Game Administration
Manila
FISH AND GAME ADMINISTRATIVE)
ORDERNO. 13 )
February 18, 1939
SUBJECT: |
Regulations
establishing closed season for the conservation
of sardines and herrings. |
Pursuant to the
provisions of Section 79 (b) of the Revised Administrative
Code of 1917 and sections 4, 7, 8, 9 and 19 of Act
No. 4003, the Fisheries Act, and for the protection
and conservation of certain species of fish known
as sardines and herrings (Clupeidae), the
following rules and regulations are hereby promulgated
for the information and compliance of all concerned:
1. Definitions.
- For the purpose of this administrative order the
following terms as used herein shall be construed
as follows:
(a) |
Sardines and
herrings shall include all species of fish belonging
to the family Clupeidae and known under
various common Philippine names such as: Tamban
(Tagalog, Visaya, Bicol, Tausog and Samal);
tunsoy, tawilis, siliniasi (Tagalog); abor kanasi
(Bicol); tulis, tunsoy, bilis, Halobaybay (Tagalog);
tulai, pinatay (Tausog and Samal); mangai, tamban-tuloy,
balantiong, haul-haul, tamban-tuloy (Visaya);
barangan, bilis, tulisan (Ilocano). |
(b) |
Siliniasi or lupoy shall mean
the larvae, fry, or young of any species of sardines
and herrings. |
2. Prohibition.
- It shall be unlawful for any person, association,
or corporation to kill or catch, or cause to be killed
or caught or taken from these waters, purchase, sell,
offer or expose for sale, any sexually mature sardines,
or herrings, or their larvae of young known as siliniasi
or lupoy during the closed season from November 15
to March 15, inclusive of every year, in that portion
of the Visayan Sea, north of the island of Negros
and between the northern parts of the island of Panay
and Cebu.
3. Restrictions.
- Licenses and permits issued under Act No. 4003,
on any fishing gear, or regulations or municipal ordinances
promulgated thereunder shall contain provisions to
the effect that:
(a) |
The terms and
conditions of the license, permit, or contract
shall be subject to change at the discretion
of the Secretary of Agriculture and Commerce. |
(b) |
The licensee or permittee
shall be responsible for any and all the acts
of his agents and employees, contractors and
employees of the contractors connected with
his fishing operation. |
4. Exemptions.
- (a) For scientific, educational, personal or propagation
purposes, any person, association, institution or
corporation of good repute may be granted by the Secretary
of Agriculture and Commerce, free of charge, a permit
to catch or cause to be caught the species mentioned
in this administrative order, subject to such conditions
as the Secretary of Agriculture and Commerce, may
deem wise to impose for the proper protection and
conservation of these species.
(b) For propagation
purposes not connected with any scientific or educational
purposes, the proper municipal official or officials
may issue licenses in accordance with Sections 68
and 60 or 70 of Act No. 4003, the Fisheries Act, for
taking fry of all species for which fees may be fixed
and collected, subject to such condition as the Secretary
of Agriculture and Commerce may deem wise to impose.
(c) Fish caught
under these licenses but used for purposes other than
those mentioned hereinabove shall be subject to the
penalty as if no permit has been granted.
5. Penalty.
- Any violation of the provisions of this administrative
order shall subject the offender to prosecution and,
upon conviction, he shall suffer the penalty provided
in Section 83 of Act No. 4003, the Fisheries Act,
which is a fine of not more than two hundred pesos,
or imprisonment for not more than six months, or both,
in the discretion of the court.
6. Repealing
provisions. - All administrative orders and regulations
or parts thereof inconsistent with the provisions
of this administrative order are hereby revoked.
7. Effectivity.
- This administrative order shall take effect on July
1, 1939.
(SGD.) BENIGNO
S. AQUINO
Secretary of Agriculture and Commerce
Recommended by:
(SGD.) A.
S. ARGUELLES
Director, Bureau of Science
APPROVED:
(SGD.) MANUEL
L. QUEZON
APPROVED: March 24,
1939
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