[ Memorandum Circular No. 78, October 2, 1966 ]
MEMORANDUM CIRCULAR NO. 78
In line with the current drive of the Administration against blast fishing, it is hereby directed that the following procedure do observed in the seizure and confiscation of fish caught through the use of dynamite or other explosives:
1. When the Commissioner of Fisheries or his representative apprehend or seizes without warrant dynamited fish in a fishing vessel or boat, he must take samples of the fish not to exceed one kilo. The fish samples so taken must immediately be scientifically trsted and examined carefully for determination whether or not they have been caught through the use of explosives.
2. Pending the results of the scientific examination, all the fish in the vessel or boat must not be unloaded.
3. If after scientific examination the samples are found to have been caught through the use of explosives, the owner, operator, leases, or person in charge of the vessel or boat or any member of the crew thereof, shall be informed of such finding and the Commissioner of Fisheries or his representative shall immediately seize, impound and take possession of all the fish found in such vessel or boat.
4. Immediately upon taking custody of the fish, if found caught through the use of explosives, the Commissioner of Fisheries or his representative shall notify the Director of Prisons and other government charitable institutions like hospitals, orphanages, home of indigents, etc., if the apprehension is made in Manila or its suburbs of the seizure of the dynamited fish and fit for human consumption. If the apprehension is made in far provinces
and cities, he shall notify immediately, penal institutions, including provincial and municipal or city jails, hospitals and other government charitable institutions located within reasonably accessible vicinity of the apprehension.1âшphi1
5. The Head or Chief or in charge of the institutions so notified must immediately inform the Commissioner of Fisheries or his representative whether or not his institution would accept the confiscated fish or part thereof for the consumption of the inmates thereof, and in the affirmative case, the quantity desired. He or his representative shall then preceed to the place where the fish was held.
6. The Commissioner of Fisheries or his representatives with the conformity of the head or representative of the institution shall appraise the value of the fish desried to be secured for the institution. The head or representative of the institution upon accepting the fish shall agree that in the event the competent court before whom the criminal case is filed shall subsequently render a decision of acquittal of the accused and orders the return of the value of the fish taken, the appraised value thereof shall be paid by it.
7. When the apprehension or seizure was made by virtue of a search warrant, immediately upon seizure, appropriate applications shall be filed with the appropriate court for an order allowing disposition of the seized fish in accordance with the procedure ordained in Nos. 1,2,3,4,5 and 6 of this Circular.
