SEC. 2.
The term “protected bird” includes insect-eating birds,
song birds, and generally all wind birds except those commonly known as eagles,
hawks, owls, English sparrows, candangaho or garzas pardas (brown herons), crows,
galancian,and
mayas; but the game birds contemplated in the next succeeding
section shall be deemed to be “protected,” within the meaning of this Act, only
during the continuance of the respective closed seasons established for them.
Fish, shellfish, and mammals shall be deemed to be
“protected,” within the meaning of this Act, only during the continuance of the
respective closed seasons established for them.
SEC. 3.
The Secretary of the Interior, shall have authority,
subject to the approval of the Governor-General, to establish a closed season for
all or any of the game birds mentioned below or any other game bird, or birds,
specified by him, to wit, the goose, duck, rail, coot, mud hen, gallinule, shore
bird, plover, surf bird, snipe, woodcock, sandpiper, tattler, curlew, wild
chicken, pheasant, quail, wild pigeon, pigeon, doves of all classes, hornbill,
mound builder, brush turkey.
He may in like manner establish a closed season for fish,
or shellfish, or for deer, musk deer, tamaraw, squirrel, lemur, or any other
mammal, or mammals, specified by him, except the wild pig.
SEC. 4.
A closed season established by the
Secretary of the Interior may be so defined
as to cover a particular portion or portions of each successive year, or if
deemed necessary for the public interest, it may be made to extends over any
single period of time of not more than five years duration.
SEC. 5.
The order creating a closed season may be made applicable to
the entire Philippine Islands or to any specified province or other territorial
division therein, and if relating to fish or shellfish, may be limited to a
particular water or stream.
SEC. 6. Such order shall be issued at least two months before the date of its taking effect, and if general, it shall be published in the Official Gazette once a week for three consecutive weeks prior to the same date.
An order applying to a province, municipality, or other
territorial division, shall be published once a week for three consecutive
weeks, in a local newspaper, if any there be, and copies of the order shall be
posted at the main entrance of the province and municipal buildings and in said
buildings, before it is to take by it.
The Secretary of the
Interior shall also adopt in each case such other means of publicity as he
shall deem expedient to spread and maintain knowledge of the existence of the
order among the people to be affected by it.
SEC. 7.
A permit may be granted by the
Secretary of the Interior to any person of
good repute, of the age of fifteen years or upward permitting the holder thereof
to collect specimens of protected animal life, or the nests or eggs of protected
birds, for scientific purposes only.
Such a permit shall remain in force for a period of
one year only from the date of issue and shall not be transferable.
Upon proof that the holder of such a permit has taken or
killed any protected creature or taken the nest or eggs of any protected bird
for other than a scientific purpose, he shall be subject to the same penalty as
if he had no permit.
SEC. 8.
It shall be unlawful for any person to hunt with a firearm
or to use a firearm as a weapon against game of any sort without having
previously procured an appropriate hunting license, the fee for which shall be,
in the case of a resident of the Philippine Islands, of an officer or enlisted
man of the Army,
Navy, or
Marine Corps, Philippine Scouts and
Philippine Constabulary, two pesos, and in
the case of a nonresident, twenty pesos.
SEC. 9.
Hunting licenses shall be issued by the
Chief of Constabulary subject to such
regulations and restrictions as shall be established by him, with the approval
of the Secretary of Commerce and Police.
SEC. 10.
Members of the Philippine
Constabulary and members of municipal and township police are hereby made
deputy game wardens with full authority to enforce the provisions of this Act
and to arrest offenders against it.
SEC. 11.
The making of any false statement upon the application
blank for any hunting license shall subject the offender to the forfeiture both
of his license and weapons, in addition to the other penalty hereinafter
provided.
SEC. 12.
It shall be unlawful for any person to lend a hunting
license or firearm to another for the purpose of hunting; and it shall likewise
be unlawful for any person to procure or have in his possession for the purpose
of hunting any hunting license or firearm pertaining to another.
Any hunting license or firearm found in the unlawful
possession of any other person than its proper owner shall be forfeited:
Provided, however, That nothing in this Act contained shall be
understood to prohibit any officer or enlisted man of the
Army,
Navy, or Marine Corps,
Philippine Scouts or
Philippine Constabulary, serving in the
Philippine Islands, to use for hunting purposes, rifles or shotguns belonging to
the Governments of the United States or of the Philippine Islands.
SEC. 13.
Except as provided in this Act, it shall be unlawful to
hunt, kill, or capture any “protected” bird or mammal by means of artificial
light, swivel gun, or by means of nets in the case of birds and small game.
The possession of a lantern for hunting at night shall be
prima facie evidence of having acquired it with the intention of using same to
catch, kill, or hunt birds, mammals or game animals protected by this Act, at
night.
SEC. 14.
Wild pig and the birds commonly known as eagles, hawks,
garzas pardas (brown herons) known as
candańgaho, owls, crows, English
sparrows, galancian and mayas may be
taken or killed in any manner at any season of the year; and nothing in this Act
shall be construed to prohibit the keeping of any bird for a domestic pet or to
prevent the taking of edible birds’ nests under license duly issued.
SEC. 15.
It
shall be unlawful to place, cause to be placed, discharge or deposit, or to pass
or place where it can pass into the waters of the Philippine Islands any
petroleum, acid, coal or oil tar, lamp-black, aniline, asphalt, bitumen or
residuary product of petroleum or carbonaceous material or substance, or any
refuse, liquid or solid, from any oil refinery, gas house, tannery, distillery,
chemical works, mill or factory of any kind, or any sawdust, slabs or factory
refuse or any material substance deleterious to fish or plant life:
Provided,
That nothing contained in this section shall be construed to prohibit the
retting of maguey, sisal sanseviera
and its similars in the rivers and on the seashore.
SEC. 16.
Actual residents of the Department of Mindanao and Sulu,
and the Mountain Province, shall be permitted at all times to hunt and take game
birds and mammals and to take bird eggs, in order to secure food for themselves
and their families; but nothing herein shall be construed to permit the use of
artificial lights for hunting game or birds, or to permit the sale during the
closed seasons of the whole or any portion of the game taken or killed in
accordance with this section.
With the approval of the Governor-General, the privilege
granted in the preceding paragraph maybe conferred by the
Secretary of the Interior upon the
residents of any township or territorial subdivision in any province.
SEC. 17.
Any person violating this Act or any order or regulation
deriving force from its provisions shall be punished for each offense by a line
of not more than one hundred pesos.
SEC. 18.
Act Number Seventeen hundred and ninety eight and its
amendments are hereby repealed, without prejudice to the prosecution thereunder
of any criminal offense heretofore committed against the provisions of said Act;
and orders heretofore promulgated by the
Secretary of the Interior pursuant to said Act shall continue to operate
with the same effect as if issued under the present Act.
SEC. 19.
This Act shall take
effect upon its passage.
Enacted, February 4, 1916
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