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Opportunities

Republic of the Philippines
Department of Agriculture and Natural Resources
PHILIPPINE FISHERIES COMMISSION
Manila

FISHERIES ADMINISTRATIVE )
ORDER NO. 89, s. 1967 )

HANDBOOK FOR
FISHERY LAW ENFORCEMENT OFFICERS

I. INTRODUCTION

A.
Importance. – President Marcos’ grave concern over the unabated blasting of fish has prompted him to take more drastic and bolder remedial measures than have been attempted heretofore. But, however, noteworthy such measures may be, the President’s desire would be unattainable if the persons responsible for their implementation are not properly guided in the day-to-day performance of their tasks. This Handbook for Fishery Law Enforcement Officers is one of those indispensable tools designed toward this end.
B.
Purpose. – This Handbook shall be used as a handy, standard, and up-to-date guide by those concerned with the enforcement of currently significant fishery laws and regulations to ensure the speedy and effective handling of violations of such laws and regulations. What may be currently significant shall be determined by the Commissioner of Fisheries considering the various factors at a definite period of time.
C.
Scope. – This Handbook consists primarily of standard operating procedures (SOP’s) for the handling of violations of Fishery laws and regulations with excerpts of pertinent provisions of the laws and regulations involved. It also contains definitions of important words and phrases, appendices of the necessary forms for the SOP’s and helpful miscellaneous matters such as basic fishery laws.
D.
Usage. – Fishery law enforcement officers from the Philippine Fisheries Commission, Philippine Navy, Philippine Constabulary, and other persons deputized by the Secretary of Agriculture and Natural Resources should always carry this Handbook when enforcing fishery laws. They may show it as an authority when discharging their duties with respect to any particular fishery law and/or regulation alleged to be violated.

II. STANDARD OPERATING PROCEDURES

A. How to Handle Cases of Possession of Dynamited Fish in a Fishing Boat.

1. Provisions of Law Violated

a. Section 1 of R.A. 428, as amended by R.A. 1535:

“Section 1. It shall be unlawful for any person knowingly to possess, sell or distribute in any place and manner, fish or other aquatic animals stupefied, disabled or killed by means of dynamite or other explosives or toxic substances.

“Any fisherman who possesses, sells or distributes fish or other aquatic animals found to have been so stupefied, disabled or killed, shall be presumed prima facie to have knowledge of such facts.”

b. Section 3 of R.A. 428, as amended:

Sec. 3. Any person who buys or receives fish or other aquatic animals knowing the same to have been stupefied, disabled or killed in violation of this Act, shall be punished under section two hereof, unless before his apprehension he denounces the vendor or the giver of such fish or other aquatic animals to the competent authorities, in which case he shall be exempted from criminal liability.

“Any person who has bought or acquired fish or other aquatic animals found to be stupefied, disabled or killed in violation of this Act, shall, upon discover of said violation, denounce the same to the proper authorities who shall forthwith take necessary steps leading to the corresponding investigation and prosecution of the offender under this Act. Failure on the part of said person to do so within forty-eight hours after the discovery of the violation shall subject him to the penalty prescribed by subsection (a) of section two hereof, regardless of the total value of the fish and other aquatic animals involved.”

2. Penalty for Violation

a. Section 2 of R.A. No. 428, as amended:

“Sec. 2. Any person violating the provision of section one hereof, shall be penalized as follows:

"(a) If the total value of all the fish or other aquatic animals in possession, sale or distribution does not exceed one hundred pesos, by a fine of not less than one hundred pesos nor more than five hundred pesos, or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment in the discretion of the court;

"(b) If the total value of all the fish or other aquatic animals in possession, sale or distribution exceeds one hundred pesos, by a fine of not less than two hundred pesos nor more than one thousand pesos or by an imprisonment of not less than two months nor more than one year, or by both such fine and imprisonment in the discretion of the court.”

3. Other Violations and Penalties

a. Section A of R.A. No. 428, as amended:

“Sec. 4. Any policeman, peace officer, agent authorized by the Bureau of Fisheries, sanitary inspector, or employees of the Bureau of Health, or any person in authority, who having acquired knowledge of any violation of this Act, by denunciation or otherwise, should without just cause, fail to take the necessary steps leading to the investigation and prosecution of the offense, or should hinder or unnecessarily delay said investigation and prosecution, shall be removed or suspended from office and punished under section two hereof as co-principal in the commission of the crime.

“Any officer or person mentioned in the preceding paragraph is authorized to take from among the fishes or aquatic animals believed to have been stupefied or killed in violation of this Act necessary samples in not more than one kilo, for examination, issuing a receipt therefore with specification of the kind and quality of fish or other aquatic animals taken by him as well as their value obtaining in the market that day. If after the examination, such fish or aquatic animals are found not to have been stupefied or killed in violation of this Act, the person from whom they are taken as samples shall be paid their value as herein stated, said payment to be born and defrayed by the government office or agency to which the person or officer mentioned in the first paragraph of this section is connected from funds appropriated for this purpose. The officer or person in authority or a gent of authority who does not submit the samples taken for examination or does not give the person from whom it was taken a report of such examination within ten days shall be punished upon conviction by a fine of not exceeding five hundred pesos, or by imprisonment for more than six (6) months or both such fine and imprisonment in the discretion of the court.”

4. Definitions

a.
Persons,” includes firm, corporation, association, agent or employee.
b.
Sell and sale,” includes barter, exchange and offering or exposing for sale.
c.
Possession” means actual or constructive possession and any control of things referred to.
d.
Transport and transportation,” means all carrying or causing to be carried or moved.
e.
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.
f.
Fishery,” is the business of catching or taking, handling, marketing and preserving fish or other aquatic products, the fishing grounds, and the right to fish or taken such products therefrom.
g.
“Fish,” includes not only the fishes proper but also many other aquatic animals like crabs, prawn, shrimps, lobsters, clams, mussels, scallops, snails, oysters, and other mollusk or shellfish. (Sec. 6 of Act No. 4003, as amended).
h.
Fishing Boat,” for the purpose of this Act, shall include all boats as bancas, sailboats, motor boats or any other type of watercraft whether licensed or not for the purpose: Provided, that any of such boats referred to herein used for the purpose of transporting the fish from the fishing grounds to the market are fishing boats. (2nd paragraph, Sec. 11 of Act 4003, as amended)

5. Procedure

a.
Take from among the fish, or aquatic animals believed to have been stupefied, disabled, or killed, sufficient samples, in not more than one kilo, for examination. Identify the samples by its vernacular and scientific names
b.
Accomplish the CERTIFICATE OF RECEIPT OF FISH SAMPLES TAKEN FOR EXAMINATION in five copies (See Appendix II). Have them certified as correct by the owner, operator, master or person-in-charge of the vessel. Attach a copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Furnished the owner, operator, master or person-in-charge with another copy and attach another copy to the APPREHENSION REPORT to be retained. Attach another copy to the bottle with formalin solution as in sub-step (2) below.
c.
Conduct examination of the samples to determine whether or not they have been caught through the use of explosives. Pending the result of the examination, prohibit the unloading of all the fish from the boat.
d.
If the fish are found to have been caught through the use of explosives, inform immediately the owner, operator, master, or person-in-charge of such finding and proceed as follows:
(1)
Immediately impound the boat as an instrument of crime and seize, confiscate and take possession of all the fish found therein. Issue a receipt in four copies for the impounded boat using the RECEIPT FOR IMPOUNDED BOAT (See Appendix II) and another receipt in four copies for the seized fish using the RECEIPT FOR CONFISCATED FISH (See Appendix II). Give a copy of each of the two receipts to the owner, operator, master or person-in-charge. Attach similar copies to the (1) APPREHENSION REPORT for the Commissioner of Fisheries (2) APPREHENSION REPORT for the Regional Director concerned and (3) APPREHENSION REPORT to be retained.
  (2) Place the samples in a bottle with formalin solution, seal the cover with wax and label it using another copy of the CERTIFICATE OF RECEIPT OF FISH SAMPLES TAKEN FOR EXAMINATION (See Appendix I)
  (3)
Accomplish the REPORT OF EXAMINATION in five copies (See Appendix III), attach a copy to the bottle. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Furnish the owner, operator, master or person-in-charge with another copy. Attach another copy to the APPREHENSION REPORT to be retained.
  (4)
Arrest the offenders and turn them over to the police authority of the city or municipality where the offense was committed.
  (5)
Immediately notify government hospitals, penal, or charitable institutions of the confiscation of the dynamited fish and their fitness for human consumption using at least two copies of the NOTICE OF DISPOSAL OF CONFISCATED FISH. (See Appendix IV), Send one copy to each of the institutions and retain another copy.
  (6)
Require the representative of the institution to sign a receipt in four copies for the fish collected using the RECEIPT FOR DISTRIBUTED CONFISCATED FISH. (See Appendix V). Attach copy to the APPREHENSION REPORT for the Regional Director concerned. Furnish the representative of the institution with another copy.
  (7)
Accomplish the APPREHENSION REPORT in three copies (See Appendix VI). Forward immediately a copy with the attachments to the Commissioner of Fisheries and another copy likewise with the attachments to the Regional Director concerned. Retain another copy with the attachments.
  (8)
Turn over the fish samples and other evidence to the nearest office of the Fisheries Commission asking a receipt therefor.
(e)
If the result is negative, release the boat and/or allow unloading of the fish.

6. Bases of Confiscation of Fish and Impounding of Vessel

a. Sec. 3 of Circular No. 130, dated September 26, 1967 of the Office of the President:

“3. If after scientific examination the samples are found to have been caught through the use of explosive, the owner, operator, lessee or person-in-charge of the vessel or boat or any member or the crew fish vendor or any other possessor, shall be informed of such finding and the Commissioner of Fisheries or his representative shall immediately seize, impound, and take possession of the fishing vessel and all the fish found therein, and in other instances, all the fish found in the possession of the vendor or any other possessor.

b. Sec. 7 of Circular No. 130 dated September 26, 1967 of the Office of the President:

“7. With regard to the fishing vessel, the law enforcement agents are directed to impound the fishing boat used, including the dynamite, blasting caps, and other explosives, tackle apparel, furniture, and other apparatus used in illegal fishing pending final determination of the criminal case by the competent court, Provided, however, that leave of court shall be obtained thereof in any case where a court has already assumed jurisdiction over said explosives, boats, etc. Said explosives, boats, tackles, apparel, etc., shall be held subject to confiscation and forfeiture as instrument or tools used in the commission of the crime under Article 45 of the Revised Penal Code in relation to Section 3, Rule 126 of the Rules of Court. Release of the boat or other apparatus even under bond should be opposed. Should a case of replevin be filed in accordance with Rule 60 of the Rules of Court, release of the above-mentioned boat or apparatus should also be opposed on the ground that it is in custodia legis of the court before which the criminal case is pending and that such court has exclusive jurisdiction over the question of confiscation and forfeiture. In instances where the owners of boats claim ownership and possession of the boat on the ground that they had no knowledge of the acts of the crew members, the Prosecuting Officers are instructed to similarly oppose such claim on the ground that the question of whether the boat or article is the “property” of a third person not liable for the offense should be litigated in the criminal case and await final outcome thereof.”

B. How to Handle Cases of Possession of Dynamited Fish in Fish Markets or Places Other than a Fishing Vessel.

1. Reference

a. Refer to items 1, 2, 3 and 4 of SOP A which apply equally to this SOP.

2. Procedure

  a.
Take from among the fish, or aquatic animals believed to have been stupefied, disabled, or killed, sufficient samples, in not more than one kilo, for examination.
  b.
Accomplish the CERTIFICATE OF RECEIPT OF FISH SAMPLES TAKEN FOR EXAMINATION in five copies. (See Appendix I). Have them certified as correct by the vendor or other possessor. Attach a copy of the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Give another copy to the bottle with formalin solution as in sub-step (2) below.
  c.
Conduct examination of the samples to determine whether or not they have been caught through the use of explosives. Pending the result of the examination, prohibit the disposal or transfer of the fish from the landing, stall, or other place.
  d.
If the fish are found to have been caught through the use of explosives, inform immediately the vendor or other possessor of such finding and proceed as follows:
   
(1)
Confiscate and take possession of all the fish found therein. Issue a receipt using in four copies the RECEIPT FOR CONFISCATED FISH. (See Appendix II). Give a copy to the possessor. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attach another copy to the APPREHENSION REPORT to be retained.
    (2)
Place the samples in a bottle with formalin solution, seal the cover with wax and label it using another copy of the CERTIFICATE OF RECEIPT OF FISH SAMPLES TAKEN FOR EXAMINATION
    (3)
Accomplish the REPORT OF EXAMINATION in five copies. (See Appendix III). Attach a copy to the bottle with formalin solution. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the Apprehension Report for the Regional Director concerned. Furnished the vendor or other possessor with another copy. Attach another copy to the APPREHENSION REPORT to be retained.
    (4)
Arrest offender and turn him over to the policy authority of the city or municipality where the offense was committed.
    (5)
Immediately notify government hospitals, penals, or charitable institutions of the confiscation of the dynamited fish and their fitness for human consumption using the NOTICE OF DISPOSAL OF CONFISCATED FISH. (See Appendix IV)
    (6)
Require the representative of the institution to sign a receipt in four copies of the fish collected, using the RECEIPT FOR DISTRIBUTED CONFISCATED FISH. (See Appendix V). Attach a copy to the APPREHENSION REPORT to be retained. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries , another copy to the APPREHENSION REPORT for the Regional Director concerned. Furnish the representative of the institution with another copy.
    (7)
Accomplish the APPREHENSION REPORT in three copies. (See Appendix VI). Forward immediately a copy with the attachments to the Commissioner of Fisheries another copy likewise with the attachments, to the Regional Director concerned. Retain another copy with the attachments.
    (8)
Turn over the fish samples and other evidence to the nearest office of the Fisheries Commission asking a receipt therefor.
  e.
If the result is negative, allow disposition of the fish.

C. How to Handle Cases of Use of Explosives in Fishing.

1. Provisions of Laws Violated

a. Sec. 12 of Act No. 4003, as amended:

“Sec. 12. Prohibition of the use of explosive 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 Interior 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.

“The possession and/or finding of dynamited, blasting caps, and other explosives in any fishing boat shall constitute a presumption that the said dynamite and/or blasting caps and explosives are being used for fishing purposes in violation of this section, and that the possession or discovery in any fishing boat of fish caught or killed by the use of dynamite or other explosives under expert testimony shall constitute a presumption that the owner if present in the fishing boat or the fishing crew have been fishing with dynamite or other explosives.”

b. Sec. 1. of Act No. 2255, as amended by Act No. 3023:

Sec. 1. – The manufacture, distribution, storage, use or possession of gunpowder, dynamite, explosives, blasting supplies, or ingredients thereof, except in accordance with the provisions hereof and of Act Numbered Fourteen hundred and ninety nine as amended, is hereby declared illegal: Provided, however, That nothing herein contained shall be construed to prevent the manufacture, purchase, importation or possession of dynamite, explosives, or their ingredients by the Army and Navy of the United States of America: Provided further, That the Chief of Constabulary may, upon application, under such rules and regulations as may be promulgated by him and approved by the Secretary of the Interior, issue license as follows:

(a)
Dealer’s license, authorizing the importation, purchase, possession, sale, transfer and general business handling [of] gunpowder, dynamite explosives or their ingredients.
(b)
Manufacturer’s license, authorizing the manufacture of gunpowder, dynamite, explosives or their ingredients, or the manufacture and sale of fireworks for use on fiesta days, etc.
(c)
Purchaser’s license, authorizing the purchase and possession of dynamite, explosives, or their ingredients for use in mines, quarries, road construction, wrecking and for use in any other legal and lawful occupation.
(d)
Foreman’s license, authorizing the purchase and possession of dynamite, explosives or their ingredients by workmen in mines, quarries, road construction, wrecking or for use in any other legal and lawful public or service works.”

2. Penalties for Violations

a. Sec. 76 of Act No. 4003, as amended, in relation to Sec. 12 of the same Act:
 
“Sec. 76. – Use of obnoxious or poisonous substances, or explosives in fishing. Any person who shall use explosives in fishing in violation of the provisions of section twelve of this Act shall be punished by a fine of not less than one thousand five hundred pesos nor more than five thousand, and by imprisonment for not less than five thousand, and by imprisonment for not less than one year and six months nor more than five years, aside from the confiscation and forfeiture of all explosives, boats, tackle, apparel, furniture, and other apparatus used in fishing in violation of said section twelve of this Act.”
b.
Sec. 2 of Act No. 2255, as amended by Act No. 3023, in relation to Sec. 1 of the same Act:
 
“Sec. 2. – Any person violating the provisions of the preceding section shall be punished by a fine of not less than six hundred pesos nor more than two thousand pesos, and by imprisonment for not less than three months nor more than two years, in the discretion of the court.”

3. Procedure

a.
Stop persons from using explosives. Inquire if the fishing vessel has license to use explosives in accordance with Sec. 12 of Act No. 4003, as amended, or Act No. 2255, as amended, Executive Order No. 9 series of 1954, or any other law or regulation authorizing possession of explosives, (See Appendix VII). If there is no license, proceed as follows:
  (1)
Impound the fishing vessel as an instrument of crime. Issue a receipt using the RECEIPT IMPOUNDED BOAT. (See Appendix II). Give a copy to the owner, operator, master, or person-in-charge. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attach another copy of the APPREHENSION to be retained.
  (2)
Search the vessel for dynamite, blasting caps, or other explosives and seize any if found. Accomplish in four copies the RECEIPT FOR CONFISCATED EXPLOSIVES, OR OBNOXIOUS OR POISONOUS SUBSTANCES. (See Appendix VII). Furnish the possessor with a copy. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attach likewise another copy to the APPREHENSION to be retained.
  (3)
If there are fish in the vessel, apply the pertinent provisions of SOP A.
  (4)
Arrest all the persons found on board the fishing vessel and turn them over to the police authority of the municipality or city where the offense was committed.
  (5)
Inquire as to the ownership of the vessel, determine if the owner is present therein, and make notation thereof for the purpose of prosecution under the 2nd paragraph of Sec. 12 of Act No. 4003, as amended.
  (6)
Deposit immediately the explosive with the nearest Philippine Constabulary Unit for safekeeping. Request the receiving officer to sign a receipt in four copies using the RECEIPT FOR SAFEKEEPING OF CONFISCATED EXPLOSIVES OR OBNOXIOUS OR POISONOUS SUBSTANCE. (See Appendix VIII). Attach one copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attach another copy of the APPREHENSION to be retained.
  (7)
Accomplish the APPREHENSION RERPOT in three copies. (See Appendix VI). Forward immediately a copy with the attachments to the Commissioner of Fisheries and another copy likewise with the attachments, to the Regional Director concerned. Retain another copy with the attachments.
b.
If there is a permit, allow resumption of operation.
D. How to Handle Possession of Explosives in Fishing Vessel.
1.
Application
a.
This SOP applies to cases only where explosives are suspected to be on board a fishing vessel as differentiated from SOP C, where explosives are actually being used for fishing.
2.
Reference
a.
Refer to items 1 and 2b of SOP C which apply equally to this SOP.
3.
Procedure
a.
Search the vessel for dynamite, blasting caps or other explosives. If any of such articles is found inquire if there is a license for the possession of the same. If no license exist, proceed as follows:
  1.
Seize the dynamite, blasting caps, or other explosives. Accomplish in four copies the RECEIPT FOR CONFISCATED EXPLOSIVES, OR OBNOXIOUS OR POISONOUS SUBSTANCE. (See Appendix VIII). Furnish the possessor with a copy. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attach another copy to the APPREHENSION to be retained.
  2.
Arrest all the persons found on board the fishing vessel and turn them over to the police authority of the municipality or city where the offense was committed.
  3.
Deposit immediately the explosives with the nearest Philippine Constabulary Unit for safekeeping. Request the receiving officer to sign a receipt in four copies using the RECEIPT FOR SAFEKEEPING OF CONFISCATED EXPLOSIVES OR OBNOXIOUS OR POISONOUS SUBSTANCE. (See Appendix VIII). Attach one copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attach another copy of the APPREHENSION to be retained.
  4.
Accomplish the APPREHENSION REPORT in three copies. (See Appendix VI). Forward immediately a copy with the attachments to the Commissioner of Fisheries and another copy likewise with the attachments, to the Regional Director concerned. Retain another copy with the attachments.
b.
If there is a license, allow possession of the dynamite, blasting caps, or another explosives.
E.
How to Handle Cases of Use of Obnoxious or Poisonous Substances in Fishing.
1.
Provision of Law Violated
  a. Section 11 of Act 4003, as amended
   
“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 freshwater or marine water of the Philippines where it may cause the 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. The discovery of obnoxious or poisonous substance in any person, fishing boat, banca, raft, or any other watercraft shall constitute a prima facie presumption against the person, owner, possessor or in charge of the boat or any other watercraft that the said obnoxious or poisonous substance is being used for fishing purposes in violation of this section, and that the discovery in any fishing boat of fish caught or killed by the use of poisonous or obnoxious substance shall constitute a prima facie presumption that the owner, possessor or in charge of the fishing boat or any other watercraft or the fishing crew have been fishing with poisonous or obnoxious substance: Provided, however, That the Secretary of Agriculture and Natural Resources may issue permits for the use of poisonous or obnoxious substance 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 by any peace officer or deputy authorized in section five hereof to enforce the provisions of this Act.” (As amended by Republic Act No. 1088)
2.
Penalty for Violation
  a. Section 76 of Act 4003, as amended:
   
“Sec. 76. Use of obnoxious or poisonous substances, or explosives in fishing. – Any person who shall use obnoxious or poisonous substance in fishing in violation of the provisions of section eleven of this Act shall be punished by a fine of not less than five hundred pesos nor more than five thousand, and by imprisonment for not less than six months nor more than five years, or both, in the discretion of the court, aside from the confiscation and forfeiture of all explosives, boats, tackle, apparel, furniture and other apparatus used in fishing in violation of said section eleven of this Act.
   
“Any person who shall use explosives in fishing in violation of the provisions of section twelve of this Act shall be punished by a fine of not less than one thousand, and by imprisonment for not less than one year and six months nor more than five years, aside from the confiscation and forfeiture of all explosives, boats, tackle, apparel, furniture, and other apparatus used in fishing in violation of said section twelve of this Act.” (As amended by Republic Act No. 462)
3.
Definition
a.
Poisonous substance. – A substance containing a noxious or deadly ingredient or any agent which when introduced (especially in small amount) into an organism, may chemically produce an injurious or deadly effect.
b.
Obnoxious substance. – A noxious substance, or one which is hurtful, harmful, baneful, pernicious, injurious on wholesome, or insalubrious.
 
Note: The above definitions were taken substantially from Webster’s Law International Dictionary. For the purpose of fishery law enforcement there is no clear-cut distinction between poison and obnoxious substances. Consequently, a substance introduced causing the death of fish or rendering them unconscious or otherwise causing stupefaction is a poisonous and obnoxious substance. Examples of poisonous and obnoxious substances commonly used in fishing are cyanide, insecticides, Lagtang, and Derries.”
4.
Procedure
a.
Stop person from (1) using obnoxious or poisonous substances which may stupefy, disable, or cause death of fishes or (2) gathering by any means of the fishes stupefied, disabled, or killed by the action of poisonous or obnoxious substances. Inquire if he has a permit therefor. If there is no permit, proceed as follows:
  (1)
Impound the boat as an instrument of crime. Issue a receipt in four copies using the RECEIPT FOR IMPOUNDED BOAT. (See Appendix III). Give a copy to the owner, operator, master, or person-in-charge. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attach another copy to the APPREHENSION REPORT to be retained.
  (2)
Confiscate the obnoxious or poisonous substances. Seal and label the containers for such substances and/or mixture containing such substances. Turn over such substances to the nearest government laboratory for examination.
  (3)
If there are fish in the vessel or in the possession of the offender, apply the pertinent provisions of SOP A with these modifications:
   
(a)
Use a bottle with alcohol instead of formalin for the fish samples.
    (b)
Subject the samples to an examination to determine use of poisonous or obnoxious substance, preferably in a government laboratory.
     
Do not dispose fish found positively to have been caught through the use of poisonous or obnoxious substances without a written certificate of the examiner that they are fitted for human consumption.
  (4)
Accomplish in five copies the RECEIPT FOR CONFISCATED EXPLOSIVES, OR OBNOXIOUS OR POISONOUS SUBSTANCES. (See Appendix VIII). Furnish the possessor with a copy. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attach another copy to the APPREHENSION REPORT to be retained.
  (5)
Arrest offender and turn him over to the police authority of the municipality or city where the offense was committed.
  (6)
Accomplish the APPREHENSION REPORT in four copies. (See Appendix VII). Forward immediately a copy of the APPREHENSION REPORT with a copy of the receipt (Appendix VIII) to the Commissioner of Fisheries and a copy of the receipt to the Regional Director concerned. Retain a copy of the APPREHENSION REPORT attaching a copy of the receipt. Furnish the police authority with a copy of the APPREHENSION REPORT.
b.
If there is a permit, allow resumption of operations.
F.
How to Handle Cases of Fishing During Closed Seasons, in Restricted Areas, or in Violation of Other Related Restrictions.
1.
Provisions of Regulations Violated and Penalties Therefor.

(a) Fish and Game Administrative Order No. 3, dated March 9, 1935, as amended:

Dalag, Kanduli, and Banak

“3. Prohibitions. – (a) It shall be unlawful at all times or during the closed season period given below, for any person, association or corporation to catch or cause to be caught, purchase, sell, offer or expose for sale any of the fishes mentioned below dead or alive, or have in possession any part of same, except as provided in Section 4 of this Administrative Order.

“(1) Aligasin caught by fishing gears of all descriptions. Any aligasin that may be included with other kinds of fish in a haul or catch should be set free immediately without killing or hurting them.

“(2) Anak-dalag or undersized dalag any where in the Philippine Islands.

“(3) Spawning banak” during the period from November 15 to January 15 of the following year. Spawning banak which may be caught with other kinds of fish in a haul or catch should be set free immediately without killing or hurting them.

“(4) Tiguiti measuring less than one hundred and sixty (160) millimeters long.

(b) Fish and Game Administrative Order No. 3-2, dated May 11, 1959:

“b) It shall be unlawful during the closed season period, for any person, association or corporation to use “skeet” and “pukot”, “pukot laot” or “pukot-alangan” in Laguna de Bay from April 16 to July 15 of each year; Provided, that the fishermen around Laguna de Bay may be allowed during the closed season, the use of “pukot-dalag” which shall not be more than seven (7) “banatans” long; that this “pukot-dalag” shall not be operated in waters of more than six (6) feet deep; and its owner shall not employ more than seven (7) fishermen; Provided, further, that only species of fish other than “kanduli” or their young (tiguiti) may be caught.”

(c) Fish and Game Administrative Order No. 3, dated March 9, 1935, as amended:

“4. Exemption. – (a) For scientific, educational, personal or propagation purposes any person, associations, 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 fishes of all sizes otherwise prohibited in this Administrative Order, subject to such conditions as the Secretary of Agriculture and Commerce may deem wise to impose for the proper conservation of those 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 67 and 69 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 conditions 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 herein above shall be subject to the same penalty as if no permit had been granted.

“6. 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, which is a fine of not more than two hundred pesos or imprisonment of not more than six months, both in the discretion of the court.”

(d) Fisheries Administrative Order No. 9, dated October 1, 1939, as amended:

Ipon

“3. Prohibitions. – It shall be unlawful for any person, association or corporation:

“(a) To use bobo, or other similar device in catching ipon, from January 1 to March 31 of each year;

“(b) To use sarap, paculad, cascasad, sacanclang, casursor or kitang from April 1 to May 31 of each year;

“(c) To use chinchorro, tanger and garamgam (nets) at the mouth of any river, from January 1 to March 31 and from September 1 to December 31 of each year;

(e) Fisheries Administrative Order No. 9-1, dated July 26, 1956:

“(d) No bobo traps shall be used to catch ipon and tartarac at all times from September 1 to December 31 and January 1 to February 28, inclusive from points of Ermita, Laoag, San Mateo, San Antonio, Parrir, Parang, Sarrat and all the towns of Dingras, Piddig, Solsona, Banna and Nueva Era of the Laoag River.

“To catch or cause to be caught, purchase, sell, offer to expose for sale, dead or alive, or have in possession thereof, any that is called “ipon” caught from the Bacarra-Vintar River and its branches from October 1 to December 31, inclusive of every year.

“(e) No sacanclang, sac-sacao and sarap shall be used to catch young gobies, tartaric at the Laoag Rive and its water shades at all times of the year.

(f) Fisheries Administrative Order No. 9, dated October 1, 1939:

“4. Exemptions. – For scientific, educational or propagation purposes, any person, association, institutions, or corporation of good repute may be granted by the Secretary of Agriculture and Commerce or his duly authorized representative, free of charge, a permit to catch or cause to be caught “ipon” by any method during any period, subject to such conditions as said Secretary may deem wise to impose for the proper conservation of these species. Any person who shall catch fish under such permit, but uses some for purposes other than those mentioned hereinabove, shall be subject to the same penalties as if no license had been granted.”

(g) Fisheries Administrative Order No. 25-1, dated December 3, 1964:

Sabalo

“3. Prohibitions. – (a) It shall be illegal during the period from February 1 to July 31, inclusive, of each year, for any person, association or corporation to catch or cause to be caught in Philippine territorial and inland waters, or purchase, sell, offer or expose for sale full grown bañgos (Sabalo) measuring more than seventy (70) centimeters in length from the tip of the mouth to the extreme end of the caudal fin or tail, dead or alive, or to have in possession or in storage the same, unless exempted as provided in Section 4 of this Administrative Order.

(h) Fisheries Administrative Order No. 31, dated May 10, 1952:

Banak or Lodong

“2. Prohibitions. – It shall be unlawful for any person, association, or corporation to catch or cause to be caught, purchase, sell offer or expose for sale, dead or alive, or have in possession any part of the fish known as banak or lodong for the period from October of one year to January of the following year, inclusive; or to use or set up during the same period “tabukol”, “pateng” and “tabak” in the Cagayan River, its tributaries and watersheds, and the Santa-Abra River Systems; and to catch or disturb in any manner fish or any species in the Pinapagan Valley watershed or headwaters of the Cagayan River at Pinapagan, Nueva Vizcaya: Provided, however, That a special permit to catch banak or lodong of all sizes may be granted for scientific, educational, personal or propagation purposes by the Secretary of Agriculture and Natural Resources to any qualified person, association, or corporation of good repute: Provided, Also, that use of the fish taken under such special permit for any purpose other than that specified in the permit shall be sufficient cause for the cancellation of the permit and prosecution of the holder thereof for fishing without license.

“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 4003, as amended which is a fine of not more than Two Hundred Pesos (P200.00) or imprisonment for not more than six (6) months, or both, in the discretion of the court.”

(i) Fisheries Administrative Order No. 88, dated June 9, 1967:

Marine Turtles, Turtle Eggs, or Turtle Shells

Sec. 2. Prohibition: It shall be unlawful for any person, association or corporation to catch or kill marine turtles or gather turtle eggs or turtle shells in any place in the Philippines, more particularly in the Turtle Islands for a period of five (5) years from the approval of this Order.”

“Sec. 3 Exemptions. – (a) For scientific, educational or propagation purposes, any person, association, institution or corporation of good repute may be granted by the Secretary of Agriculture and Natural Resources, free of charge, a permit to gather or kill or cause to be gathered or killed in any manner turtles, turtle eggs, or turtle shell s during the prohibited period, subject to such conditions as the Secretary of Agriculture and Natural Resources may deem wise to impose for the proper conservation and protection of these species. Any person who shall catch or kill turtles, or gather their eggs or shells under such permit, but uses same for purposes other than those mentioned hereinabove, shall be subject to the same penalties as if no license had been granted.”

“Sec. 4. Penalty. – A person, association or corporation who shall violate any of the provisions of this Administrative Order shall be liable to prosecution and upon conviction, shall suffer the penalty provided in Section 83 of Act No. 4003, as amended, 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.”

Pearl Culture

(j) Fisheries Administrative Order No. 42, dated February 14, 1955:

“1. Pursuant to the provisions of Section 74 of Act No. 4003, as amended, the marine areas near Busuanga and Coron Islands, province of Palawan, as hereinabove described, are hereby reserved and declared government farms for pearl culture purposes:

Area No. 1. – The whole marine area between Tantangon Island, Decoyan Island and the mainland of Busuanga Island;

Area No. 2. – The marine area bounded by Malcatop Island, Calumbayan Island and Lajo Island; and

Area No. 3. – The marine area located at the northwestern corner of Coron Island (East of Batolo Point).

“2. The above-mentioned government farms are hereby placed under the direct administration and control of the Director of Fisheries who may submit to this Department, for promulgation, such rules and regulations as may be necessary to carry into effect the purpose of this Order.

“3. Fishing or taking of any kind of marine products in the herein described areas, for commercial purposes, is hereby prohibited under the penalties prescribed by Section 83 of the Fisheries Act.”

(k) Fisheries Administrative Order No. 13, Revised dated November 19, 1963:

Sardines, Herrings and Mackerels

“2. Prohibitions. - (a) It shall be unlawful for any person, association or corporation to kill or catch, or causes to be killed or caught or taken from those waters, purchase, sell, offer or expose for sale or have in his possession or under the control, any sexually mature sardines, herrings, hasa-hasa and alumahan or other larvae, fry or young known as lupoy, silinyasi or linatsay, during the closed season, from November 15 to March 15, inclusive, of every year in that portion of the Visayan Sea and adjoining waters enclosed by a line drawn through the following points and coastlines: From the mouth of Danao River on the northeastern tip of the island of Negros, through Santa Fe on the southern tip of Bantayan Island; to Madridejos; through the lighthouse of Tanguingue Island through the lighthouse of Gigantes Island; to Clutaya Island; to Culasi Point in Capiz Province; eastward along the northern coast of Capiz to Bulacue Point in Carlos, Iloilo; southward along the eastern coast of Iloilo to the mouth of Talisay River; westward across the Guimaras Strait to Tomonton Point in Occidental Negros; eastward along the northern coast of the Island of Negros and back to the mouth of Danao River in Escalante, Oriental Negros.

“(b) It shall be unlawful for any person, association, or corporation to catch fish or any species at anytime of the year in the area described in the preceding paragraph with any fishing gear using net with meshes less than two centimeters when stretched.

“4. Exemption. – (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 Natural Resources, 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 Natural Resources may deem wise to impose for the proper protection and conservation of these species.

(b) For propagation purposes not in connection with any scientific or educational purposes, the proper municipal official or officials may issue licenses in accordance with sections 67 and 69 or 70 of Act No. 4003, as amended, for taking fry of all species for which fees may be fixed and collected subject to such conditions as the Secretary of Agriculture and Natural Resources may deem wise to impose.

“(c) Fish caught under these licenses or permits but used for the 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, as amended, 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.”

(l) Fisheries Administrative Order No. 84, dated December 6, 1965 as amended:

“Section 1. Definition. – Words and terms used in this Order shall be construed as follows:”

“(b) Electro Fishing. – Electro Fishing is the catching of fish with the use of electric current. The equipment used are of many electrical devices which may be battery or generator-operated and from any available source of electric current.”

“Section 2. Prohibition. – It shall be unlawful for any person to engage in electric fishing or to catch fish by the use of electric current in freshwater fisheries in the Philippines, such as rivers, lakes, swamps, dams, irrigation canals and other bodies of freshwater, except for research, educational, and, scientific purposes which must be covered by a permit issued by the Secretary of Agriculture and Natural Resources which shall be carried at all times.

Sec. 3. Penalty. – Any violation of the provisions of this Administrative Order shall subject the offender to a fine of not exceeding five hundred pesos (P500.00) or imprisonment of not exceeding six (6) months or both at the discretion of the court.”

DEFINITIONS

a. “Open season,” that period of time during which fishing is permitted in a specified area or areas in Philippine waters.

b. “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.

c. “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.

PROCEDURE

a. Stop person from fishing (1) during closed season; (2) in a restricted area; or (3) in violation of related restrictions. Inquire as to authority to fish in violation of the regulations. If no authority exists, proceed as follows:

(1) Impound the boat as an instrument of crime. Issue a receipt in four copies using the RECEIPT FOR IMPOUNDED BOAT. (See Appendix II). Give a copy to the owner, operator, master, or person-in-charge. Attach another copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Attached another copy to the APPREHENSION REPORT to be retained.

(2) If there are fish in the vessel or in the possession of the offender, apply the pertinent provisions of SOP A, except that the fish samples shall be contained in a bottle with alcohol instead of formalin, and that an examination thereof is unnecessary.

(3) Gather other evidence as the fishing gear, and turn them over, together with the fish samples, to the nearest office of the Fisheries Commission.

(4) Arrest offender and turn him over to the police authority of the municipality or city where the offense was committed.

(5) Accomplish the APPREHENSION RERPOT in four copies. (See Appendix VI). Forward immediately a copy of the APPREHENSION REPORT with a copy of the receipt (Appendix VIII) to the Commissioner of Fisheries and a copy of the receipt to the Regional Director concerned. Retain a copy of the APPREHENSION REPORT attaching a copy of the receipt. Furnish the police authority with a copy of the APPREHENSION REPORT.

b. If there is an authority, allow resumption of operations.

G. How to Handle Cases of Operation of a Fishing Vessel without Licenses and Certificates.

1. Provisions of Law violated and the Penalties therefore.

(a) Sec. 17 of Act No. 4003, as amended:

“Sec. 17. Licenses tax on operation of boat. – Unless provided with a license issued in accordance with the provisions of this Act (no person, association or corporation shall operate any vessel of more than three tons gross for the purpose of catching fish in the territorial waters of the Philippine Islands.”

(b) Sec. 18 of Act No. 4003, as amended:

“Section 18. Annual fee on operation of boat: - The Secretary of Agriculture and Commerce is hereby empowered to issue to the proper parties licenses for fishing operation of powered vessels of more than three tons gross and sailing or rowed vessels of more than three tons gross towed or operated in connection with power-propelled vessels in the territorial waters of the Philippines upon the payment of an annual fee of not less than two pesos nor more than two hundred pesos for every vessel subject to taxation under this Act: Provided, That failure of a licensee to secure a renewal or extension of his license and pay the annual fee on or before the last day of February of each year shall subject him to a surcharge of one hundred per centum based on the amount of the original fee, without prejudice to criminal proceedings against the delinquent licensee under the penal provisions of this Act: Provided, further, That all vessels less than three tons gross shall be licensed under the provisions of section seventy of this Act; And provided, also¸That the catching of fish under the license issued shall be subject to the limitations, restrictions, and penalties imposed by this Act..” (As amended by Commonwealth Act No. 471)

(c) Sec. 19 of Act No. 4003, as amended:

“Section 19. Permit to operate vessels for scientific purposes. – A permit may be granted by the Secretary of Agriculture and Natural Resources free of charge to any person, association or corporation of good repute, permitting the holder to operate a vessel of more than three tons gross for the catching of fish for scientific, educational personal purposes, or for propagation. Such permits shall be in force for a period of one year only and shall be subject to such conditions as the Secretary of Agriculture and Natural Resources may deem wise to impose for the proper carrying out of the purposes of this Act. Upon proof that the holder of such permit has caught fish for other than scientific, educational or personal purposes or for propagation the permittee shall be subject to the same penalty as if he had no permit.”

(d) Sec. 70 of Act No. 4003, as amended:

Sec. 70. License tax upon taking of fish in municipal waters and fishing vessels. – A municipal council is empowered to promulgate, subject to the approval of the Secretary of Agriculture and Commerce, rules and regulations regarding the issuance to qualified applicant under this law, of licenses for the operation of fishing vessels of three tons or less and shall grant the privilege of taking fish in its municipal waters with nets, traps, or other fishing gear. If an exclusive privileges for taking same has been granted, upon payment of a municipal tax, to 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 the 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 the receipt evidencing payment of the license tax shall entitle the fisherman to fish in any municipal waters in the Philippines; Provided, however, That in case the fee in the municipality where the fisherman desire to fish is greater than fee in the municipality where he obtained his license, the former municipality may collect from him the difference between the two fees: Provided, further, That it shall be beyond the power of the municipal council to impose taxes or fees for the privilege of taking marine mollusca, or the shells of such, and fees for pearling boat and pearl diver’s licenses, or for prospecting, collecting, or gathering sponges or other marine products: And Provided, Also, That no license granted hereunder shall operate within two hundred meters of any constructed fish corral licensed by a municipality except if the license is the owner or operator of the fish corrals, and unless otherwise specifically provided in the license, but in no case within sixty meters unless previously approved by the Secretary of Agriculture and Commerce.” (As amended by Commonwealth Act No. 471)

(e) Sec. 78 of Act No. 4003, as amended:

“Section 78. Unlawful fishing in deep-sea fisheries. – Any person, association or corporation violating any of the provisions of Article V of this Act or any order or regulations deriving force from its provisions shall be punished for each offense by a fine of not more than five thousand pesos or imprisonment, for not more than one year, or both, in the discretion of the court; Provided, That in case of any association or corporation, the president or manager shall directly responsible for the acts of his employees or laborers if it is proven that the latter acted with his knowledge; otherwise the responsibility shall extend only as far as it is concerned; Provided, further, That in the absence of a known owner of the vessel, the master, patron or persons in charge of such vessel, shall be responsible for any violation of this Act, And Provided: Finally, That in case of a second offense, the vessel together with its tackle, apparel, furniture and stores shall be forfeited to the Government.”

2. DEFINITION

(a) “Territorial waters of the Philippines or Philippine Water,” includes all waters pertaining to the Philippines and those defined in Republic Act No. 3046 entitled, “An Act to Define the Baselines of the Territorial Sea of the Philippines.”

3. LICENSES AND CERTIFICATES REQUIRED

(a) Commercial Fishing Boat Licenses. – One issued for the operation of fishing vessel of more than three ton gross for catching fish for commercial purposes in the territorial waters of the Philippines. It expires every end of the calendar year. No Coastwise or Bay and River Licenses can be issued except to those possessing a Commercial Fishing Boat License. (See Appendix X)

(b) Coastwise License. – One issued in addition to a Commercial Fishing Boat License for a fishing vessel having a Certificate of Philippine Registry with a gross tonnage of five tons or more, to navigate anywhere within the territorial waters of the Philippines. It expires one year after date of issuance. Possession of a Coastwise License entitles the holder to navigate in areas covered by a Bay and River Licenses. (See Appendix XI)

(c) Bay and River License. – One issued, in addition to a Commercial Fishing Boat License, for a fishing vessel to navigate in a limited body of water such as a bay, lake, river, and harbor. It expires one year after the date of issuance. (See Appendix XII)

(d) Certificate of Inspection. – One issued for a fishing vessel having a Certificate of Philippine Registry, after satisfactory inspection by a maritime safety engineer that the vessel is seaworthy. It expires one year after the date of issuance. (See Appendix XIII)

(e) Certificate of Clearance. – One issued to a fishing vessel after a satisfactory inspection that no explosives or other contraband are on board and that the members of the crew are duly licensed. This is issued each time a fishing vessel leaves its home port. (See Appendix XIV)

4. PROCEDURE

(a) Ask for and examine the Commercial Fishing Boat License Coastwise License or Bay and River License or Bay and River License, Certificate of Inspection and Certificate of Clearance.

(b) Accomplish the VESSEL INSPECTION REPORT in four copies indicating among others, the absence of any license (s) and/or certificate (s). (See Appendix XV). Attach a copy to the APPREHENSION REPORT for the Commissioner of Fisheries and another copy to the APPREHENSION REPORT for the Regional Director concerned. Furnish the owner, master, operator, or person-in-charge with another copy. Attach another copy to the APPREHENSION REPORT to be retained.

(c) Accomplish the APPREHENSION REPORT in three copies. (See Appendix VI). Forward immediately one copy with the attachment to the Commissioner of Fisheries and another copy likewise with the attachment to the Regional Director concerned. Retain another copy with the attachment.

H. How to Handle Violations of Customs Laws and Regulations.

1. COVERAGE

a. This SOP covers violations of customs laws and regulations concerning medicine and life-saving and safety facilities, equipment and paraphernalia on fishing vessels.

b. Discovery of smuggling in a fishing vessel incidental to the enforcement of fishery laws and regulations and also of customs laws and regulations pertaining to medicines and life-saving and safety facilities, equipment and paraphernalia, shall be promptly reported to the nearest customs official or agent and to the ASAC. A report thereon shall be made in the APPREHENSION REPORT (See Appendix VI) to be accomplished as described in “4. Procedure” below. Utilizing that for which it was licensed shall be ground for cancellation or suspension of the same.

2. PROVISIONS OF LAW VIOLATED

a.
Sec. 984 of Revised Phil. Merchant Marine Regulations dated August 26, 1939:
“984. Life Saving Devices. – (a) Every motor boat shall carry, for each person on board, a life preserver of the sort prescribed in Party IV, Chapter IX. The life preservers shall be stowed under the seats or other places where they are easily available when needed. On covered vessels, overheard racks are recommended. They shall not be stowed in the forepeak or their place where they cannot be quickly reached. Since life preserver covers not only quickly from dampness, and since a poor life preserver is worse than none at all, life preservers in motor boats must be sunned at frequent intervals (at least once a week and after each use). The boat owner and operator will be held strictly responsible for unsatisfactory life preservers in motor boats.
“b.
Motor boats of Class I carry one ring life buoy, and boats of Class 2 and 3 will carry 2 ring life buoys of the sort prescribed in Part V, Chapter VIII. Such ring life buoys shall be stowed on the outside of the pilot house, or the outside of the engine room bulkheads or other convenient location, and so mounted or stowed that they can be easily reached and detached when needed.
“c.
Planks, gratings, flooring, cars, corks for fish net, empty kegs or casks, wooden boxes, boats in four, etc., are not approved as substitutes for life preservers, life belts, or ring life buoys, but wooden life floats made of light buoyant wood may be used on motor boats navigating not more than three miles offshore and not carrying passengers for hirer. The dimension of every such life float shall be not less than 4 feet in length, 12 inches in width, and 1 ¾ inches in thickness, and the weight shall not exceed 25 pounds. No metal shall be used in the construction of the float. Wooden life floats, made of balsa wood shall not be less than 3 feet in length, 11 ½ inches in width, and 2 inches in thickness. The balsa wood used in the construction of such floats shall be of the same quality as required for balsa wood life preservers. Life floats already installed on motor boats and constructed in accordance with previous relations may continue to be used while serviceable.”
b.
Sec. 985 Revised Phil. Merchants Marine Regulations:
 
“985. Fire extinguishing apparatus. - (a) Fire extinguishers of a type which have demonstrated their ability to ‘promptly and effectually extinguish burning gasoline’ must be carried on all motor boats at all times when being navigated or when passengers or crew are on board. Experience has proved that soda and acid type are not satisfactory for gasoline fires. Therefore the required number (See paragraph [b] below) of the carbon dioxide carbon tetrachloride and/or foam types, which have demonstrated the capacity for extinguishing burning gasoline will be carried. Extinguishers of any of these types must at all times be full, in efficient working condition, and of sufficient size to be effective. After use, they must be defiled and replaced. Portable fire extinguishers other than the carbon dioxide type shall be inspected weekly by the motor boat owner or operator, to insure they are in efficient operating condition. Carbon dioxide extinguishers, both built in a portable, shall have the cylinder removed and weighed at 3 months intervals. When cylinder is found to have lost 10 per cent of its rated capacity it must be refilled. The date and results of such tests will be entered on the card attached to the fire extinguisher and the card initialed by the person making the test.
“(b) Allowance. – (1) The allowance of carbon dioxide fifteen pounds (2 ½ gallons) fire extinguishers, or equivalent, is as follows:

Allowance if powered with

Type of Boat
Gasoline Engine
Diesel Engine

Class 1
2
1

Class 2
3
2

Class 3
3
2

Boats 65 ft. and over
4
2

(See also Par. 831)

When boats are fitted with an efficient built-in-carbon dioxide extinguishing system for the protection of the engine room, one portable extinguisher is required.

“(2) For fire extinguishers for ships of 15 gross tons or over (see paragraph 831). If there is doubt of conflict as to whether the requirements for “motor boats” or “ship” apply, the matter will be referred to the Supervising Inspector for decision. Usually, the requirement giving the larger number will apply.”

c. Sec. 624 of Revised Phil. Merchants Marine Regulations dated August 26, 1939: “624. Hospital. - (a) Every passenger vessel making any run of more than forty-eight hours between regular ports of call shall have a compartment or space of not less than 48 superficial feet to be used as a dispensary or hospital room, equipped with beds in the proportion of one bed for every fifty passengers. This compartment shall not be located below main deck.

“(b) Vessel which do not carry a surgeon shall be provided with a medicine chest containing the medicine enumerated in Administrative Order No. 311, or 311 Revised.” (See list below)

Required Contents of Medicine Chest

1. Absorbent Cotton . . . . . . . . . . . . . . . . . . . . . . . . 1 Pad.
2 Adhesive Plaster . . . . . . . . . . . . . . . . . . . . . . . . 2 Rolls
3. Alcohol 90% . . . . . . . . . . . . . . . . . . . . . . . . 1 liter
4. Argyrol Sol. 10% . . . . . . . . . . . . . . . . . . . . . . . . 20 c.c.
5. Cafiaspirina (Bayer) . . . . . . . . . . . . . . . . . . 100 c.s.
6. Elixir paregoric . . . . . . . . . . . . . . . . . . . . . . . . 100 c.s.
7. Sulfanilamide Powder . . . . . . . . . . . . . . . . . . 6 Pkgs.
8. Smelling Salt . . . . . . . . . . . . . . . . . . . . . . . . 100 c.c.
9. Sulfadiazine Tablets . . . . . . . . . . . . . . . . . . 50 Tabs.
10. Sulfaguanadine Tablets . . . . . . . . . . . . . . . . . . 50 Tabs.
11. Lysol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 c.c.
12. Tincture of Iodine . . . . . . . . . . . . . . . . . . . . . . . . 25 c.c.
13. Bandage gauze 3 inches . . . . . . . . . . . . . . . . . . 1 doz.
14. Bandage gauze plain . . . . . . . . . . . . . . . . . . 1 doz.

Medical Instruments

1. Ice Cup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 pc.
2. Hot Water Bag . . . . . . . . . . . . . . . . . . . . . . . . 1 pc.
3. Scissors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 pc.

3. PENALTIES FOR VIOLATION

a. Items d and e of Sec. 2529 of the Tariff and Customs Code:
“d. For navigating without sufficient life preservers, belts or rafts required by customs regulations (P100.00) One Hundred Pesos for each offense:
“e. For navigating without fire-fighting apparatus and/or medical supplies, required by customs regulations (P50.00) Fifty Pesos for each offense.”

4. PROCEDURE

a. Inspect the medicines and life saving and safety facilities, equipment, and paraphernalia of the vessel, except when it is docked, moored or anchored.

b. Determine the presence, adequacy, and general conditions of such medicines and of facilities, equipment, and paraphernalia, noting such facts in four copies of the VESSEL INSPECTION REPORT. (See Appendix XV)

c. If there is a violation, attach the VESSEL INSPECTION REPORT to the respective copies of the APPREHENSION REPORT to be accomplished and furnish the owner, operator, master, or person-in-charge with another copy (See Appendix VI). Otherwise forward only a copy of the VESSEL INSPECTION REPORT to the Commissioner of Fisheries and another copy to the Regional Director concerned. Retain another copy.

d. If a violation was committed, accomplish the APPREHENSION REPORT in three copies. Forward immediately a copy with the attachment to the Commissioner of Fisheries and another copy likewise with the attachment to the Regional Director concerned. Retain another copy with the attachment.

APPENDIX I

Republic of the Philippines

Department of Agriculture and Natural Resources

PHILIPPINE FISHERIES COMMISSION
Manila

CERTFICATES OF RECEIPT OF FISH SAMPLES TAKEN FOR EXAMINATION

_______________, 196 ___

___________________, _______________________, _______________ ____________

(City/Municipality) (Province) (Time)

____________________, and at the place and on the date and time above-mentioned,, (Owner, Operator, Master, or Person-in-Charge, Vendor, or Other Possessor)

the following fish samples with their description taken from __________________________,

_______________________ Fishing Vessel and CFBL No.

Market Place, or other place

Vernacular Name of Fish Scientific Name of Fish No. of Pieces Market Value

____________________ ___________________ ___________ _______________

____________________ ___________________ ___________ _______________

____________________ ___________________ ___________ _______________

These samples were sealed in a formalin bottle in the presence of the owner, operator, master, or person-in-charge, vendor, or other possessor, named above.

______________________________

(Fishery Law Enforcement Officer)

CERTIFIED CORRECT:

____________________________________________

(Signature of Owner, Operator, Master of Persons-in-Charge, Vendors, or other Possessor)

DISTRIBUTION:

formalin bottle

Commissioner of Fisheries

regional director concerned

owner, operator, master, or person-in-charge,

vendor, or other possessor

fishery law enforcement officer

APPENDIX II

Republic of the Philippines

Department of Agriculture and Natural Resources

PHILIPPINE FISHERIES COMMISSION

Manila

I. RECEIPT FOR IMPOUNDED BOAT

_____________________ ________________ (Place of Issuance) (Date of Issuance)

Received from M ________________________ for impounding for the reason (s)

(Owner, Operator, Master or Person-in-Charge)

stated below, the fishing vessel herein described:

__________________ ________________ ______________________________

(Owner/Operator) (CFBL No.) (Name of Vessel)

Reason (s) for impounding:

Possession of Dynamited Fish on Vessel Using Vessel for Dynamiting Fish

Possession of Dynamite or Other Explosives Vessel

________________________________________

(Specify Other Reason (s)

___________________________

Fishery Law Enforcement Officer

II. RECEIPT FOR CONFISCATED FISH

_____________________ ________________ (Place of Issuance) (Date of Issuance)

Received from M ________________________ for confiscation, the following

(Owner, Operator, Master, or Person-in-Charge, Vendor, or Other Possessor)

unlawfully caught fish at _____________________ on _________________________

(Fishing Vessel and CFBL No., Market Place, or other place) (Date)

at ________________ in the possession of the above-named person:

(Time)Vernacular Name of Fish Scientific Name of Fish Quantity Appraised Value

____________________ ___________________ ________ ______________

____________________ ___________________ ________ ______________

____________________ ___________________ ________ ______________

__________________________

Fishery Law Enforcement Officer

DISTRIBUTION:

1. owner, operator, master, or person-in-charge,

vendor, or other possessor

2. commissioner of fisheries

3. regional director concerned

4. fishery law enforcement officer

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