Amendments to Act No. 2590

December 5, 1932

ACT NO. 4005

AN ACT TO AMEND CERTAIN SECTIONS OF ACT NUMBERED TWENTY-FIVE HUNDRED AND NINETY, ENTITLED "AN ACT FOR THE PROTECTION OF GAME AND FISH", AND FOR OTHER PURPOSES

SECTION 1. Section five of Act Numbered twenty-five hundred and ninety, entitled "An Act for the protection of game and fish", is hereby amended to read as follows:

"SEC. 5. The order creating a close 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.

"All national parks, botanical gardens, public parks, public school sites, public playgrounds, government experiment and breeding stations, government seed farms, government stock farms, public building sites, government nurseries, communal forests, communal pastures, cemeteries and all public lands and forests within a radius of one kilometer from any government rest house are hereby declared game refuges and bird sanctuaries. It shall be unlawful for any person to hunt, take, wound or kill, or in any manner disturb or drive away from the places mentioned above, any wild birds or animals, or take or destroy the nests or eggs of such birds in the said places."

SECTION 2. Section nine of the same Act is hereby amended to read as follows:

"SEC. 9. Hunting licenses shall be issued by the Secretary of Agriculture and Natural Resources or his duly authorized representative, subject to such regulations and restrictions as shall be promulgated for the purpose."

SECTION 3. Section sixteen of the same Act, which has been repealed by section seven of Act Numbered Thirty-seven hundred and thirty, is hereby revived and amended to read as follows:

"SEC. 16. Members of the non-Christian tribes in the provinces of Agusan, Bukidnon, Cotabato, Mountain Province, Palawan and Lanao who are dependent upon the flesh of wild birds and mammals for their subsistence shall, upon application, be authorized by special license addressed to the president of the municipality, municipal district or settlement wherein such persons reside, as the case may be recommended to the Secretary of Agriculture and Commerce by the provincial or deputy governor wherein such persons reside, as the case may be, subject to such conditions as to mode of hunting, number, species, and sex of animals and otherwise as may be prescribed by the Secretary of Agriculture and Commerce or his duly authorized representative, 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 hunting of game birds and mammals or bird eggs within a game refuge or bird sanctuary or the use of artificial lights for hunting game or birds, or to permit the sale during the closed season of the whole or any portion of the game taken or killed in accordance with this section: Provided, That as soon as the Secretary of the Interior shall certify that the majority of the non-Christian inhabitants of a municipality, municipal district or settlement have sufficiently advances in civilization, then the Secretary of Agriculture and Natural Resources, with the approval of the Governor-General may declare that the general provisions of this Act shall apply to such municipality, municipal district or settlement wherein such non-Christian reside.

"With the approval of the Governor-General, the privilege granted in the preceding paragraph may be conferred by the Secretary of Agriculture and Natural Resources upon the non-Christian inhabitants of any municipality or municipal district or territorial subdivision in any province."

SECTION 4. The same Act is hereby amended by inserting between sections sixteen and seventeen thereof the following sections which shall read as follows:

"SEC. 16 (a). Any person who, during the close season, has in his possession, sells, barters, or exchanges, or offers for sale, barter or exchange, any bird, mammal or game animal protected under the provisions of this Act, shall be presumed to have been taken, caught and hunted said bird or mammal in violation of the provisions of this Act and shall be subject to the penalties herein prescribed.

"SEC. 16 (b). For the purposes of this Act, all cold storage plants shall be required to furnish the Secretary of Agriculture and Natural Resources or his duly authorized representative a monthly statement setting forth all wild birds and mammals deposited with them, the date of deposit and the names of the persons making the deposit."

SECTION 5. This Act shall take effect on its approval.

Approved, December 5, 1932.