PHILIPPINE LAWS, STATUTES, CODES & ISSUANCES
PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
COMMONWEALTH ACTS
COMMONWEALTH ACT NO. 115 - AN ACT TO AMEND SECTIONS SIXTY-SEVEN, SIXTY-NINE AND SEVENTY OF ACT NUMBERED FOUR THOUSAND THREE, OTHERWISE KNOWN AS THE FISHERIES ACT |
Section
1. Section sixty-seven of Act Numbered Four thousand three, known as
the "Fisheries Act," is hereby amended to read as follows: "Section67. Grant of fishery. � A
municipal council shall have authority, for purposes of profit, to
grant the exclusive privilege of erecting fish corals, or operating
fishponds, or taking or catching "bangus" fry known as "kawag-kawag,"
within any definite portion, or area, of the municipal waters, as
defined in article two of this Act, to any citizen of the Philippines
or any association or corporation of which at least sixty-one per
centum of the capital stock or of an wholly to citizens of the
Philippines and which is organized and constituted under the laws of
the Philippines: Provided, 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, association or corporations
not qualified to hold 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."
Section2. Section sixty-nine of the same Act is hereby amended to read as follows: "Section69. Restriction upon
letting of fishery to private party.-When the privilege to erect fish
corals, or operate fishponds, or take or catch "bangus" fry, known as
"kawag-kawag" is granted to a private party as herein above authorized,
the same shall be let to the highest bidder for a period not exceeding
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 Commerce."
Section3. Section seventy of the same Act is hereby amended to read as follows: "Section70. License tax upon
taking of fish in municipal waters. � A municipal council shall grant
the privilege of taking fish in its municipal waters with nets, traps,
or other fishing tackle, with the exception of "bangus" fry, known as
"kawag-kawag" mentioned in sections sixty-seven and sixty-nine hereof,
upon payment of a municipal license 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 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
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
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."
Section4. This Act shall take effect upon approval. Approved: November 3, 1936. |
Since 19.07.98.