AN ACT CREATING A FISHERIES COMMISSION

Case Overview and Summary

Summary of Republic Act No. 3512

National Policy and Creation of Philippine Fisheries Commission (Sections 1-2):
- Declares a national policy to encourage, promote and conserve fishing resources to ensure steady supply of fish and reduce importation.
- Creates the Philippine Fisheries Commission under the Department of Agriculture and Natural Resources.

Composition and Organization (Section 3):
- The Commission shall have a Commissioner and two Deputy Commissioners appointed by the President.
- The Commissioner shall organize the Commission into divisions, establish field offices, and create an advisory committee with members from the private sector (receiving a per diem of up to 20 pesos per meeting, maximum twice a month).

Powers, Duties and Functions (Section 4):
- Supervise and control management, development, and utilization of national and municipal fisheries, public reserves, and reservations. (4a)
- Issue licenses or permits for taking aquatic products and suspend or revoke them. (4b)
- Carry out provisions of this Act, the Fisheries Act, and related laws and regulations. (4c)
- Increase and conserve fishery resources by studying life cycles, establishing hatcheries and nurseries, fish stocking, and protecting spawning grounds. (4d)
- Conduct studies on fishing practices, methods of capture, and disseminate results through bulletins and economic maps. (4e)
- Conduct demonstration services on modern fishery practices. (4f)
- Conduct oceanographic and limnological surveys and explore fishing areas. (4g)
- Prepare and execute forms, instructions, rules and regulations for fisheries development. (4h)
- Make arrests and searches and seizures in accordance with Rules of Court for explosives, poisons, and illegal fishing equipment. (4i, 4j)
- Administer oaths, issue subpoenas, and take testimonies in official investigations. (4k)
- Investigate the nature, organization and resources of fishery businesses. (4l)
- Render technical assistance to fishing boat operators on construction, operation, gear, and equipment. (4m)
- Establish regional, city, provincial, and municipal fisheries stations for extension work, training, experiments, and law enforcement. (4n)
- Admeasure and inspect safety devices, boilers and fishing gear for loan applications, with a certification fee not exceeding 20 pesos. (4o)
- Assist in procurement of fishing equipment, supplies and boats. (4p)
- Assist in distribution or marketing of catch through central fish markets, piers, ice plants and cold storage. (4q)
- Maintain an information service to disseminate practical information, data, and rules and regulations. (4r)
- Perform other functions to promote development and exploitation of deep-sea fisheries. (4s)
- Classify swamplands for suitability for fishpond purposes, with a certification fee not exceeding 20 pesos for loan applications. (4t)

Power over Fishing Vessels and Fishery Matters (Section 5):
- All powers, functions and duties over fishing vessels and fishery matters previously exercised by Bureau of Customs, Philippine Navy and Philippine Constabulary are transferred to the Commission.
- The Commissioner shall collect fees and charges on fishing vessels previously collected by Bureau of Customs.

Penalties (Section 6):
- Violations of the Act or regulations shall be punished by an administrative fine of up to 1,000 pesos or cancellation of permit/license.
- Decisions of the Commissioner are appealable to the Secretary of Agriculture and Natural Resources.
- Failure to comply with summons, refusal to testify, or providing false or misleading information shall be punished by a fine up to 500 pesos, imprisonment up to 6 months, or both. If under oath, perjury penalties apply.

Abolition of Bureau of Fisheries and Transfer of Resources (Section 7):
- The Bureau of Fisheries is abolished, and its personnel, records, appropriations, property and equipment related to fisheries work are transferred to the Commission, without laying off any employees.

Repeal of Inconsistent Laws (Section 8):
- Republic Act No. 177 and other inconsistent acts, orders and regulations are repealed.

Appropriation (Section 9):
- 10 million pesos is appropriated from the National Treasury for fiscal year 1964 to carry out the Act's purposes, in addition to funds set aside for the Bureau of Fisheries. Thereafter, necessary amounts shall be included in the annual General Appropriation Act.

Effectivity (Section 10):
- The Act shall take effect upon approval (March 20, 1963).