res. 160 ord.032 fishery

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128Cont. Municipal Fishery Code

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Republic of the Philippines

PROVINCE OF CAMARINES SUR

Municipality of Ragay

OFFICE OF THE SANGGUNIANG BAYAN

( (054) - 741-12-81EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF RAGAY, CAMARINES SUR HELD AT THE MUNICIPAL SESSION HALL ON DECEMBER 06, 1999.

Present:

Hon. Justina C. ClementeVice Mayor/Presiding Officer

Hon. Domingo S. CedoSangguniang Bayan Member

Hon. Adelaida A. Ruy

-do-

Hon. Benjamin P. Ramos

-do-

Hon. Judith Q. Amparado

-do-

Hon. Armando P. Hernandez

-do-

Hon. Clarita SL. Almarez

-do-

Hon. Romeo G. MayorSB Member/ABC President

Hon. Juner M. RubioSB Member/SKF President

Absent:

Hon. Maria M. EjeSangguniang Bayan Member

Hon. Melchor A. Balbastro-do-RESOLUTION NO. 160, s. 1999

RESOLUTION CODIFYING THE BASIC FISHERY ORDINANCE OF THE MUNICIPALITY AND OTHER FISHERY RELATED ORDINANCE TO BE ENFORCED IN CONJUNCTION WITH REPUBLIC ACT 8550 AND OTHER EXISTING NATIONAL LAWS, PRESIDENTIAL DECREES, ORDERS, RULES AND REGULATIONS ON FISHING AND/OR FISHERY.

WHEREAS, studies show that the aquatic and marine lives within the waters of this municipality and the marine waters of Ragay Gulf are greatly imperiled due to continued degradation and destruction of their habitat and the alarming depletion of fish stocks brought about by the indiscriminate employment of destructive fishing methods;

WHEREAS, it is the responsibility of this municipality to protect the said aquatic and marine lives and the environment at large as well as the livelihood of the marginal fisherfolks and the people dependent in the fish industry of this municipality;

WHEREAS, the local government units have been given the power to penalize the use of explosives, noxious or poisonous substances, electricity, muro-ami, and other deleterious methods of fishing pursuant to Sec. 149 of R. A. 7160 otherwise known as the Local Government Code of 1991;WHEREAS, the local government units have likewise been granted exclusive authority to grant fishery privileges in the municipal waters under the said provision of the Local Government Code of 1991;

WHEREAS, the enforcement of fishery laws within the municipal waters has been devolved to the local government units pursuant to Sec. 17 (b) (2) (I) of R.A. 7160, otherwise known as the Local Government Code of 1991.

WHEREAS, there are several flaws in the enforcement of the new fisheries code or R.A. 8550 since appropriate Fisheries Administrative Orders (FAO) should still be issued by the Bureau of Fisheries and Aquatic Resources (BFAR) in order to effectively implement the provisions of said national law;

NOW, THEREFORE, on motion by COUN. DOMINGO S. CEDO and jointly seconded by COUN. ARMANDO P. HERNANDEZ, COUN. CLARITA SL. ALMAREZ AND COUN. JUNER M. RUBIO, BE IT RESOLVED AS IT IS HEREBY RESOLVED that the Sangguniang Bayan approve to enact the following ordinance:

MUNICIPAL ORDINANCE NO. 032

Series of 1999

INTRODUCED BY COUN. DOMINGO S. CEDO.

AN ORDINANCE REGULATING FISHING AND/OR FISHERIES IN THE MUNICIPALITY OF RAGAY, PROVINCE OF CAMARINES SUR AND FOR OTHER PURPOSES.

Be it ordained by the Sangguniang Bayan that:

SECTION 1. - NAME OF ORDINANCE. - This ordinance shall be known as the Municipal Fishery Code of the Municipality of Ragay.

CHAPTER I

DECLARATION OF POLICIES AND DEFINITION OF TERMS.

SECTION 2. - DECLARATION OF POLICY. It is hereby declared the policy of the municipality:

(1) to protect and develop the fishery and aquatic resources in the municipal waters and reserve their use and enjoyment primarily to residents of the Municipality;

(2) to ensure the judicious and wise utilization, management on a sustainable basis, renewal and conservation of the fishery and aquatic resources in the municipal waters, in particular, and the Ragay Gulf, in general, with the necessity of maintaining a sound ecological balance, protecting and enhancing the quality of the environment;

(3) to protect the rights of its municipal fisherfolk to the preferential use of the communal marine and fishery resources, while ensuring that catch per unit effort is maintained and its decrease prevented, and without undermining the carrying capacity of the resource;

(4) to provide the necessary technical, production, marketing, legal, financial and other support to its municipal fisherfolk. The protection of municipal fisherfolk against improper and illegal intrusion shall be ensured;

(5) to ensure the empowerment of its municipal fisherfolk as they are no longer mere users of fishery and aquatic resources. They shall be active participants in the protection, conservation, development, rehabilitation and management of the fishery and aquatic resources of the municipal waters, in particular, and the Ragay Gulf, in general;

(6) being part of the Ragay Gulf area, the Municipality recognizes the necessity to protect the Gulf to ensure the protection, conservation, development, and rehabilitation of the municipal waters. The Municipality shall, consistent with the principles of comity, cooperation and convenience, maximize its efforts to work with other municipalities for this purpose.

The Municipality shall ensure the attainment of the following objectives of the fishery sector:

1. Regulation of fishing effort;

2. Poverty alleviation;

3. Resource protection and regeneration; and

4. Institutional strengthening

SECTION 3. - ENFORCEMENT OF ORDINANCE. - This ordinance shall be enforced in conjunction with the national laws, presidential decrees and issuances, orders, rules, and regulations on fishing and/or fisheries already promulgated or may later be promulgated regarding the matter.

SECTION 4. - DEFINITION OF TERMS. - As used in this Ordinance, the term;

(1) Aquaculture - Fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine areas.

(2) Aquatic Pollution - the introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or is likely to result in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping/disposal of waste and other marine litters, discharge of petroleum or residual products of petroleum or carbonaceous materials/substances and other radioactive, noxious or harmful liquid, gaseous or solid substances, from any water, land or air transport or other human-made structure. Deforestation, unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion, which cause similar hazards and effects shall also constitute aquatic pollution.

(3) Bantay Dagat -refers to the law enforcement arm of the Fisheries and Aquatic Resources Management Council (FARMC).

(4) Buli-Buli/Pahulbot- refers to a fishing gear consisting of conically shaped net with a pair of wings, the end of which are connected to two ropes with buri, plastic strips or any similar materials to serve as scaring/lending devices with hauling ropes passing through a metallic ring permanently attached to a ton weight (linggote) when hauled into a fishing boat.

(5) Capandra (Air Compressor-) - locally known as Capandra, refer to a breathing apparatus used by fishermen in fishing purposes.

(6) Closed Season - the period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in the municipal water.

(7) Commercial Fishing - means fishing for commercial purposes with the use of a fishing boat/vessel more than three gross tons, and active fishing gear. Provided, that, in cases where more than one boat/vessel are used in a single fishing activity, such boats shall be considered as one.

(8)Community Service - means a mode of punishment imposed by courts pursuant to the provisions of this Ordinance wherein the convict is suffered to work for the good of the community and the environment, such as, but not limited to, planting of mangroves or seagrasses, gathering of garbage at sea and/or along the coast, rendering service for the Fisheries and Aquatic Resources Management Council (FARMC), and participating in fund-raising activities authorized by the municipal government and/or FARMC for the protection of the environment.

(9)Demarcated Area - boundaries defined by markers and assigned exclusively to specific individuals or organizations for certain specified and limited uses such as:

a). Aquaculture, sea ranching and sea farming;

b). Fish aggregating devices;

c). Fixed and passive fishing gears; and

d). Fry and fingerling gathering

(10)Deputized Fish Warden - means a person deputized by the municipal mayor to take part in the enforcement of fishery laws and ordinances under the Bantay Dagat of the FARMC or the law enforcement team of the Ragay Gulf Resource Management Council (RGRMC).

(11)Electro-fishing - the use of electricity generated by batteries, electrical generators and other source of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered.

(12)Endangered Species - aquatic plants, animals including some varieties of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau of the Department of Environment and Natural Resources (DENR) and in the Convention of the International Trade of Endangered Species of Flora and Fauna (CITES).

(13) Fine Meshed Nets - refers to nets in fishing or intended for fishing the mesh size of which is less than three (3) centimeters measured between two (2) opposite knots of a full mesh when stretched.

(14) Fisheries and Aquatic Resources Management Council (FARMC) - refers to the councils created under Executive Order No. 240, Republic Act 8550 and its Implementing Rules and Regulations (IRR).

(15) Fishery - is the business of catching, taking, handling, marketing and preserving fish or other fishery/aquatic products, and the right to fish or take such products therefrom.

(16)Fish - includes all fishes and other aquatic animals such as crustaceans (crabs, prawns, shrimps and lobsters), and mollusks, (clams, mussels, scallops, oyster, snails and other shell fish).

(17) Fishery/Aquatic Products - includes all other products of aquatic living resources in any form.

(18)Fishing Boats - includes all boats, such as bancas, sailboats, motorboats, or any other types whether licensed or not, used for fishing purposes including the transportation of fish in the course of fishing operations.

(19) Fishing Gear - any instrument or device and its accessories utilized in taking fish and other fishery species.

Active Fishing Gear - is characterized by active gear movements and/or pursuit of the target species by towing, lifting, and pushing the gears, surrounding, covering, dredging, pumping and scaring the target species to impoundments, such as, but not limited to trawls, purse seines, bag nets, push nets, cast nets, harvesting machineries, beach seines, pa-aling, drift grill net and tuna longline.

Passive Fishing Gear - is characterized by the absence of gear movements and/or pursuit of the target species, such as, but not limited to hook and line, fish pots, traps and gill nets across the path of the fish.

(20) Fish Corrals - means a stationary wire or trap devised to intercept or capture fish, consisting of row of sticks of bamboo, palm brave or other materials fenced with split bamboo matting or wire netting with one or more enclosures with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching chambers or purse.

(21) Fish Cage - refers to an enclosure which is either stationary or floating made up of nets or screens sewn or fastened together and installed in the water with opening at the surface or covered and held in a place by wooden/bamboo posts or various types of anchors and floats.

(22) Fish Pen - an artificial enclosure constructed within a body of water for culturing fish and fishery/aquatic resources made up of poles closely arranged in an enclosure with wooden materials, screen or nylon netting to prevent escape of fish.

(23) Fish Worker - a person regularly or not regularly employed in commercial fishing and related industries, whose income is either in wage, profit sharing or stratified sharing basis, including those working in fish pens, fish cages, fish corrals/traps, fishponds, prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing and/or packing plants. Excluded from this category are administrators, security guards and overseas.

(24) Fishing with the use of explosives - the use of dynamite, other explosives or other chemical compounds that contains combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound, will kill, stupefy, disable or render unconscious any fishery species. It also refers to the use of any other substance and/or device which causes and explosion that is capable of producing the said harmful effects on fishery species and aquatic resources and capable of damaging and altering the natural habitat.

(25) Fishing with the use of noxious or poisonous substance - the use of any substance, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and capable of damaging and altering the natural habitat.

(26) Kapis (windowpane shells) - bivalve mollusks belonging to the species Placunaplacenta with thin, almost colorless and semi-transparent valves with rounded outline, one valve more or less fattened and the other valve slightly convex.

(27) Marginal Fisherfolk - refers to individuals engaged in subsistence fishing with the use of passive fishing gear, including the sale, barter or exchange of fish and other aquatic products caught or produced by himself and his immediate family.

(28) Marginal Fisherfolk Organization - an organized group, association, federation, alliance or an institution of marginal fisherfolk which has at least fifteen (15) members, a set of officers, a constitution and by-laws, an organizational structure and a program of action.

(29) Marginal Fisherfolk Cooperatives - a duly registered association of marginal fisherfolk with a common bond of interest, who have voluntarily joined together to achieve a lawful common social or economic end, making equitable contribution to the capital requirement and accepting a fair share of the risks and benefits of the undertakings in accordance with universally accepted cooperative principles.

(30) Marine Protected Area - refers to a portion of the municipal waters which has been reserved by law, ordinance or other effective means to protect part or all of the enclosed environment.

Fish Sanctuary - refers to a portion of the municipal waters set aside for the purpose of habitat protection, regeneration and fish stock replenishment wherein it is unlawful to catch, take or cause to be taken any kind of fish and fishery/aquatic products.

Marine Reserve - refers to a portion of the municipal waters set aside for the purpose of habitat protection, regeneration and fish stock replenishment wherein certain fishing activities are restricted and limited accordingly to type, number and season.

(31) Marine Tropical Aquarium Fish - are any fish with or without attractive colors found in tropical marine waters of the Philippines that are captured alive for aquarium purposes.

(32) Monitoring, Control and Surveillance -

(a)Monitoring - the requirement of continuously observing: (1) fishing effort which can be expressed by the number of days or hours of fishing, number of fishing gears and number of fisherfolk; (2) characteristics of fishery resources; and (3) resource yields (catch);

(b)Control - the regulatory conditions (legal framework) under which the exploitation, utilization and disposition of the resources may be conducted; and

(c) Surveillance - the degree and types of observations required to maintain compliance with regulations.

(33) Municipal license - means a permit to operate specific types of fishing boats and/or fishing gears and other paraphernalia for a specific duration in areas in the municipal waters.

(34) Municipal or small scale fishing - means fishing within the municipal waters utilizing fishing boats of three (3) gross tons or less or using gears not requiring the use of boats.

(35) Municipal Waters - shall include not only streams, lakes, and tidal waters within the municipality, not being the subject of private ownership and not comprised within the national parks, public forest, timber lands, forest reserved or fishery reserves, but also marine waters included between two line drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including other islands which form part of the municipality and extending to fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be a line equidistant from the opposite shores of the respective municipalities.

(36) Mussels (Tahong) - are marine or brackish form of bivalves scientifically known as Mytilus SP. and Modiolus SP. and locally known as "Tahong", usually attached to the substratum in it natural state, but when propagated could be attached to stakes, stones and other suitable objects.

(37) Non-Government Organization (NGO) - refers to an agency, institution, foundation or group of persons whose purpose is to assist people's organizations/associations and communities in various ways including, but not limited to, organizing, education, training, and research and/or access to resources.

(38) People's Organization - a bonafide association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. Its members belong to a sector/s voluntarily band themselves together to work for and by themselves for their own upliftment, development and greater good.

(39) Person - includes natural and juridical entities such as associations, cooperatives, partnership and corporations.

(40) Poaching - means the catching and taking of fish and other fishery/aquatic products within the municipal waters by any person who has not been granted a municipal license, permit and/or fishery grant.

(41) Purse Seine - a form of encircling net having a line at the bottom passing through rings attached to the net, which can be drawn or pursed. In general, the net is set from a boat or pair of boats around the school of fish. The bottom of the net is pulled closed with the purse line. The net is then pulled aboard the fishing boat or boats until the fish are concentrated in the bunt or fish bag.

(42) Recreational Fishing - means any fishing activity conducted either by residents or tourists for leisure or recreational purposes but not for livelihood or commercial purposes.

(43) Sea Farming - the stocking of natural or hatchery-produced marine plants or animals, under controlled conditions, for purposes of rearing and harvesting, but not limited to commercially-imported fishes, mollusks (such as pearl and giant clam culture), including seaweeds and seagrass.

(44) Superlight - refers to any fishing operation using light or lights for the purpose of catching, attracting or gathering fish and other fishery/aquatic resources with an aggregate power of at least one thousand (1,000) watts or the equivalent thereof. It may be located above the sea surface as submerged in the water. It consist of a ballast, regulator, electric cable and socket, the source of energy comes from generator, battery or dynamo coupled with the main engine.

(45) Threatened Species - refers to species and sub-species of aquatic organisms which have reached critical level of depletion and are threatened with extinction.

(46) Trawl - an active fishing gear consisting of a bag shaped net with or without otter board to open its opening which is dragged, towed or pushed along the bottom or through the water column to take fishery species by straining them from the water, including all variations and modifications or trawls (bottom, mid-water, and baby trawls) and tow nets.

CHAPTER II

MANAGEMENT OF MUNICIPAL FISHERIES

SECTION 5. - POWERS AND FUNCTIONS OF THE MUNICIPAL GOVERNMENT - The following powers and functions shall be exercised by the Municipal Government:

(a) Enforcement of fishery laws, orders, rules and regulations on municipal waters;

(b) Issuance of license for the operation of fishing boat/vessels of three (3) gross tons or less;

(c) Grant of fishery privileges to erect and operate fish corals, fish pens, fish cages, oyster and mussel (tahong) culture beds and other aquatic culture beds, and catch or gather prawn fry, bangus fry and fry of other species.

(d) Establishment, maintenance and operation of marine and seashore or offshore activities intended to accelerate productivity;

(e) Regulation of the preparation and sale of fish for public consumption;

(f) Adoption of measures and quarantine regulations to prevent the introduction and spread of disease;

(g) Issuance of permits/invoice to transport fish and fishery aquatic products from this municipality to another place;

(h) Issuance of permit to gather Kapis shells, gather culture shelled mollusks, and seaweed farming.

SECTION 6. - CREATION OF FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCILS (FARMCs). - Fisheries and Aquatic Resource Management Councils (FARMCs) in every coastal barangay and in the Municipality are hereby created in accordance with E.O. No. 240, series of 1995, Republic Act No. 8550 and its Implementing Rules and Regulations (IRR).SECTION 7. - COMPOSITION OF BARANGAY FARMCs (BFARMCs). - The Barangay Fisheries and Aquatic Resource Management Council (BFARMC) shall be composed of:

(a)Chairperson of Sangguniang Barangay Agriculture/Fisheries Committee;

(b)Representative from an accredited non-government organization (NGOs)/People's Organization (PO);

(c) Representative from private sector; and

(d) At least eight (8) representatives of the fisherfolk, at least one (1) of whom also represents the women's sector and at least another one (1) also represents the youth sector.

SECTION 8. - POWERS AND FUNCTIONS OF THE BFARMCs. - The BFARMCs shall have the following powers and functions;

(a) Formulate and submit to the Barangay Development Council the Barangay Fisheries and Aquatic Resources Development Plan (BFARDP), policies, proposed ordinances and resolutions;

(b) Coordinate with the Municipal FARMC and the Bantay Dagat as well as other law enforcement agencies in the enforcement of fishery laws, ordinances, and rules and regulations;

(c) File complaints with administrative and/or judicial bodies against those who commit violations of the fishery laws, rules and regulations. The BFARMC may seek the assistance of the LGUs, the Department of Justice (DOJ) and/or other institutions for the necessary legal, financial and other support;

(d) Arbitrate disputes involving individual and/or organized fisherfolk over fishery rights and sharing contracts;

(e) Conduct public hearings in aid of its formulation of development plans, policies and proposed ordinances and resolutions;

(f) Screen qualified applicants and evaluate application for fishing permits and/or licenses and endorse applications to the MFARMC and/or other appropriate offices of the Municipality for approval;

(g) Monitor, gather, keep and analyze data on fisheries in the barangay as a basis for the formulation of management plans and policies;

(h) Develop comprehensive plan for the rehabilitation and conservation of municipal fishing grounds and aquatic resources;

(i) Promote ancillary economic activities, including cooperative marketing and socio-economic services;

(j) Take active participation in establishing fishing zones, marine protected areas, demarcated areas and in delineating navigational lanes;

(k) Maintain registry of barangay fisherfolks and their organizations;

(l) Source and raise funds for the implementation of the BFARDP and other programs and projects in pursuit of its purposes.

SECTION 9. - COMPOSITION OF THE MUNICIPAL FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCIL (MFARMC). - The Municipal Fisheries and Aquatic Resource Management Council (MFARMC) shall be composed of:

(a) Municipal Planning Development Officer;

(b) Chairperson of Sangguniang Bayan Agriculture/Fisheries Committee;

(c) Representative from the Municipal Development Council;

(d) Municipal Agriculture and Fishery Officer;

(e) Representative from an accredited non-government organization;

(f) Representative from private sector; and

(g) At least ten (10) representatives of the fisherfolk, at least one (1) of whom also represents the women's sector and at least another one (1) also represents the youth sector.

SECTION 10. - POWERS AND FUNCTIONS OF THE MFARMC. - The MFARMC shall have the following powers and functions;

(a) Harmonize and integrate into a Municipal Fisheries and Aquatic Resource Development Plan (MFARDP) the existing Barangay FARDPs and submit such plan to the Municipal Development Council;(b) Monitor and evaluate the implementation of the MFARDP;

(c) Organize, maintain and manage a Bantay Dagat, composed of deputized fish wardens and other law enforcers, which shall enforce fishery laws, ordinances, and rules and regulations;

(d) File complaints with administrative and/or judicial bodies against those who commit violations of the fishery laws, rules and regulations. The MFARMC may seek the assistance of LGUs, the Department of Justice (DOJ) and/or other institutions for the necessary legal, financial and other support;

(e) Recommend and submit resolutions to the Sangguniang Bayan concerning fisheries and aquatic resources management and conservation measures for adoption into municipal ordinances;

(f) Arbitrate disputes between barangays over fishery rights;

(g) Conduct public hearings in aid of its formulation of development plans, policies and proposed ordinances and resolutions;

(h) Screen qualified applicants and evaluate application for fishing permits and/or licenses and endorse applications to the MFARMC and/or other appropriate offices of the Municipality for approval;

(i) Monitor, gather, keep and analyze data on fisheries in the barangay as a basis for the formulation of management plans and policies;

(j) Develop comprehensive plan for the rehabilitation and conservation of municipal fishing grounds and aquatic resources;

(k) Promote ancillary economic activities, including cooperative marketing and socio-economic services;

(l) Take active participation in establishing fishing zones, marine protected areas and in delineating navigational lanes;

(m) Maintain registry of barangay fisherfolk and their organizations;

(n) Source and raise funds for the implementation of the MFARDP and other programs and projects in pursuit of its purposes.

SECTION 11. - MEMBERSHIP IN THE RAGAY GULF RESOURCES MANAGEMENT COUNCIL. - Membership of this municipality in the Ragay Gulf Resources Management Council, or Integrated FARMC represented or designated by the Municipal Mayor is hereby recognized and/or re-affirmed. The Sangguniang Bayan shall continue to include in its annual budget the financial obligation of the municipality pursuant to the Memorandum of Agreement made among the Municipal Mayors of the coastal towns in the Ragay Gulf.

SECTION 12. - REGISTRY OF MARGINAL FISHERFOLK. - The Municipality shall also maintain a registry of municipal fisherfolk, who are fishing or may desire to fish in municipal waters for the purpose of determining priorities among them, of limiting entry into the municipal water, and of monitoring fishing activities and/or other related purposes: Provided, that the FARMC shall submit to the LGU the list of priorities for its consideration.

Such list or registry shall be updated annually or as may be necessary, and shall be posted in barangay halls or other strategic locations where it shall be open to public inspection for the purpose of validating the correctness and completeness of the list. The LGU, in consultation with the FARMCs, shall formulate the necessary mechanism for inclusion or exclusion procedures that shall be most beneficial to the resident municipal fisherfolk. The FARMCs may likewise recommend such mechanisms.

The LGU shall also maintain a registry of municipal fishing vessels by type of gear and other boat particulars with the assistance of the FARMC.

CHAPTER III

EXCLUSIVE FISHERY PRIVILEGES

AND OTHER FISHERY PERMITS AND LICENSES

SECTION 13. - LICENSES, PERMITS, FISHERY GRANTS. - The Sangguniang Bayan shall grant municipal license, permit or fishery grant to an applicant who meets the following requirements:

(a) At least 18 years of age and a resident of the municipality; and

(b) He has attended/undergone a seminar on fishery laws and environmental protection conducted by the Municipal Fisheries and Aquatic Resources Management Council (MFARMC), except for tourists conducting recreational fishing;

(c) Upon submission of duly accomplished application form.

(d) Shall secure barangay clearance from the barangay that has territorial jurisdiction over the place where the fishery privileges will be established or constructed.

SECTION 14. - PERSONS ELIGIBLE FOR FISHING AND/OR FISHERY PRIVILEGES. - The following are eligible for fishing and/or fishery privileges within the municipal waters:

(a) Marginal fisherfolk who are residents of the municipality and citizens of the Philippines;

(b) Duly registered cooperatives, organizations or associations of marginal fisherfolk; and

(c) Other natural persons, partnerships, corporations and organizations authorized to transact business in the Philippines and whose interest and stocks belong wholly to citizens of the Philippines.

SECTION 15. - DIVISION AND CLASSIFICATION OF MUNICIPAL WATERS. - The municipal waters shall be divided and classified as follows:

CLASSIFICATION MINIMUM ANNUAL RENTAL

A. For the catching or taking of bangus fry or fry of other species, including gathering of Marine Tropical Aquarium Fish and Jellyfish

Zone1 - From Pasulok to Tarusan Gate

C O O R D I N A T E S

POINTSN. LATITUDEE. LONGITUDEDISTANCE

1-213 46' 63"122 44' 54"500 m.

2-313 46' 45"122 44' 53"2.8 km.

3-413 45' 95"122 46' 01"900 m.

4-113 46' 23"122 46' 35"2.8 km.

Zone 4 - From Ewang Point to Ogtoc Point covering part of Ragay Bay towards the whole length of Ragay River



A-B13 48' 87"122 42' 04"4.6 km.

B-A13 46' 88"122 43' 39"4.6 km.

AND COVERING PART OF RAGAY BAY TOWARDS

THE WHOLE LENGTH OF RAGAY RIVER

B. For the operation of oyster/mussel culture beds:

Zone 4 - From Ewang Point to Ogtoc Point covering part of Ragay Bay towards the whole length of Ragay River



A-B13 48' 87"122 42' 04"4.6 km.

B-A13 46' 88"122 43' 39"4.6 km.



C. For the erection of fish corrals:

Zone4 - From Ewang Point to Ogtoc Point covering part of Ragay Bay towards the whole length of Ragay River



A-B13 48' 87"122 42' 04"4.6 km.

B-A13 46' 88"122 43' 39"4.6 km.



D. For the operation of Seaweeds Farming/Culture and gathering

Zone2 - From Outer part of Tagbak Creek to Tarusan Gate



1-213 44' 51"122 48' 93"800 m.

2-313 44' 30"122 48' 77"8.9 km.

3-413 46' 18"122 44' 36"1.4 km.

4-113 46' 63"122 44' 54"8.9 km.

Zone 3 - From Omon Point to mouth of Cat. Proper (outer part)



1-213 48' 22"122 40' 75"300 m.

2-313 48' 08"122 40' 71"9.3 km.

3-413 51' 51"122 36' 91"500 m.

4-113 51' 71"122 37' 10"9.3 km.

E. For fish cage culture

Zone 4 - From Ewang point to Ogtoc point covering part of Ragay Bay towards the whole length of Ragay River



A-B13 48' 87"122 42' 04"4.6 km.

B-A13 46' 88"122 43' 39"4.6 km.



Zone 5 - From the mouth of Cat. River to Omon Point (Inner part)



1-213 48' 44"122 42' 78"500 m.

2-313 48' 22"122 40' 75"9.3 km.

3-413 51' 71"122 37' 10"2.5 km.

4-513 52' 67"122 38' 06"4.2 km.

5-113 51' 44"122 37' 59"8 km.

Zone 6 - From the Mouth of Tagbak Creek to Pasulok



1-213 46' 23"122 46' 35"1.2 km.

2-313 45' 79"122 46' 76"4.6 km.

3-413 44' 74"122 49' 09"500 m.

4-513 44' 51"122 48' 93"5.8 km

5-113 45' 95"122 46' 01"900 m

F. For Etchahan Zone -

Zone 7 - From Ogtoc Point to Omon Point (Inner part of Ragay Bay)


POINTSN. LATITUDEE. LONGITUDE DISTANCE

A-B13 46' 74"122 43' 42"5.7 km.

B-A13 48' 44"122 40' 78"5.7 km.

G. For Marine reserved and Fish Sanctuary

Zone 8 - From Tarusan Gate to Ogtoc point


M A R I N E R E S E R V E D

F I S H S A N C T U A R Y

POINTS N. LATITUDE E. LONGITUDE DISTANCEPOINTS N. LATITUDE E. LONGITUDE DISTANCE

1-2 13( 46' 37" 122( 43' 23" 700.00 m a-b 13( 46' 31" 122( 43' 58" 700.00 m

2-3 13( 46' 54" 122( 43' 23" 385.00 m b-3 13( 46' 36" 122( 43' 33" 250.00 m

3-4 13( 46' 48" 122( 43' 30"290.00 m 3-4 13( 46' 48" 122( 43' 36" 290.00 m

4-5 13( 46' 50" 122( 43' 41" 430.00 m 4-5 13( 46' 50" 122( 43' 41" 430.00 m

5-6 13( 46' 39" 122( 43' 58" 190.00 m 5-a 13( 46' 39" 122( 43' 58" 250.00 m

6-7 13( 46' 39" 122( 44' 05" 180.00 m 7-8 13( 46' 38" 122( 44' 10" 580.00 m

8-9 13( 46' 39" 122( 44' 25" 500.00 m

9-113( 46' 26" 122( 44' 25" 1,930.00 m

Marine Reserved (Total Area = 95.96 has.)

Fish Sanctuary (Total Area=26.56 has.)

(Please refer to Annex "B")

Provided, that Zone 7 shall not be leased to any person but the same shall be reserved for the exclusive use or utilization of marginal fisherfolk in the municipality free of any charge whatsoever.

(Please refer to Annex "A")

SECTION 16. - EXCLUSIVE FISHERY PRIVILEGES/RIGHTS. - Seaweeds farming, gathering of kapis shells and cultured shelled mollusks, operating fish corrals, fish cages/pens, oyster/mussel beds or the catching of bangus fry or fry of other species for production, including gathering of Marine Tropical Aquarium Fish and Jellyfish in areas so designated in the immediately preceding Section shall be considered as exclusive fishery privileges which shall be granted only to actual residents of the municipality.

In the grant of fishing privileges, marginal fisherfolk cooperatives and organizations duly registered in the registry of municipal fisherfolk and their organizations of the Municipal Fisheries and Aquatic Resources Management Council (MFARMC) shall have preferential right to such fishery privileges without being required to undergo bidding.

SECTION 17. - DURATION OF THE EXCLUSIVE FISHERY PRIVILEGES/RIGHTS. - The duration of the exclusive fishery privileges/rights referred to in the next preceding section shall be determined by the Sangguniang Bayan. Provided, that, such privileges/rights shall not be more than 3 years.

SECTION 18. - TERMINATION FOR CAUSE. - Exclusive fishery privileges/rights may be terminated before the expiration of such grant by the Sangguniang Bayan for any of the following reasons:

(1) Death of the licensee, provided that a new license shall be issued to the qualified heirs or assigns upon filing of a new application within ninety (90) days from the death of the licensee;

(2) Dissolution of juridical licensee;

(3) Fraudulent, false, or misleading statements in the application;

(4) Violation by the grantee or his agent of any of the provisions of this Ordinance, other fishery laws, ordinances, rules and regulations, and orders;

(5) Violation by the grantee or his agent of any of the terms and conditions of such privileges/rights; and

(6) When general welfare requires that such privileges/rights be so terminated, as provided for under Section 29 hereof.

SECTION 19. - PROCESS OF GRANTING PREFERENTIAL RIGHT. - The procedure laid down under Joint Administrative Order No. 3, otherwise known as the "Implementing Guidelines on the Granting of Preferential Treatment to Small Fisherfolk Relative to the 15-km. Municipal Water" issued on April 25, 1996, is hereby being adopted to form part of this Ordinance subject to the modification, as follows:

(a) The Sangguniang Bayan shall make a call for application for marginal fisherfolk organizations or cooperatives to avail of the preferential rights given them. Such applicants should be registered in the registry of municipal fisherfolk and their organizations being maintained by the Municipal Fisheries and Aquatic Resources Management Council (MFARMC). Notice of the call for application shall be posted in the municipal hall and in at least two (2) other strategic public places in every fishing barangay and announced once a week for four (4) consecutive weeks.

(b) Interested parties shall have a period of forty-five (45) days from posting of said notice to signify their intent to avail of the preferential rights.

(c) Should two or more qualified groups signify their intent to avail of the rights, they may be accommodated if possible; otherwise, the MFARMC shall draw up the guidelines and criteria for selecting the group or groups to be granted the privilege.

(d) The Sanggunian, jointly with the MFARMC, shall make the selection based upon the criteria drawn up by the MFARMC.(e) Only when no qualified applicants signify their intent to avail of the preferential rights may other parties be invited to participate in a public bidding. Provided, however, that participating bidders shall be residents of the municipality.

SECTION 20. - SUBMISSION AND GRANT OF APPLICATION. - All applications of marginal fisherfolk and their organizations or cooperatives for the grant of fishery rights shall be submitted to the Municipal Fisheries and Aquatic Resources Management Council (MFARMC). The MFARMC shall review all requisite documents and prepare the necessary endorsement to the Sangguniang Bayan which shall grant the final approval of the application after satisfying itself that the license applied for will not prejudice public interest and the portion of the area for which an application for lease has been presented is not covered by any subsisting lease. Should no application for preferential right be submitted by the concerned marginal fisherfolk organization, the MFARMC shall issue a certification to this effect and addressed to the Sangguniang Bayan copy furnished the Committee on Auction.

SECTION 21. - COMMITTEE ON AUCTION. - A committee on auction is hereby created to be composed of the Municipal Treasurer as Chairman and the persons composing the Municipal Fisheries and Aquatic Resources Management Council (MFARMC) as members.

SECTION 22. - TIME AND PLACE OF AUCTION - Should no qualified fisherfolk organization or cooperative avail of fishery privileges, the Sangguniang Bayan may grant such privileges to other parties which shall be done through a resolution calling for a public bidding specifying its time and place, the amount to be deposited before an individual or an entity is entitled to participate, the procedure to be followed by the Committee on Auction before an exclusive privilege is granted and the bond as guarantee of good faith and for satisfactory compliance with the terms of the lease or grant. The bond shall be in cash, in real estate within the Philippines or by a surety company authorized for the purpose in the amount equal to the fee/rent for the whole duration of the grant.

SECTION 23. - PUBLICATION OF NOTICE. - Upon the resolution of the Sangguniang Bayan calling for a public bidding, the Committee on Auction shall advertise notice of bids for exclusive fishery privileges. Such notice shall be posted in the municipal hall, in at least two (2) strategic public places in the municipality, and in at least two (2) other strategic public places in every fishing barangay in the municipality as well as announced once a week for four (4) consecutive weeks.

SECTION 24. - ISSUANCE OF INDIVIDUAL LICENSE in case no bidders opt to lease fishing zone. - If after two (2) notices for the grant of exclusive fishery rights through public auction no interested bidders opt to lease any fishing zone within the municipal waters, the Sangguniang Bayan is authorized to grant the privilege of erecting fish corrals, fish pen/cages, operating aquatic culture beds, catching "bangus" fry or "kawag-kawag" and fries of other species, including gathering of Aquarium Fishes and Jellyfish, gathering of kapis shells and cultured shelled mollusks and operation of seaweeds farming within a definite area or portion of the municipal waters to individuals upon payment of license fees thereof at the rates not exceeding those fixed hereunder:

1. Fish corrals erected in the Sea:

Annual Fee

Less than 3 meters in height . . . . . . . . . . . . . . . . . .P 100.00

3 meters in height or more but less than 5 meters

in height . . . . . . . . . . . . . . . . . . . . . . . . . . . 150.00

5 meters in height or more but less than 8 m. in height250.00



15 meters in height or more . . . . . . . . . . . . . . . . . . . . 500.00

2. Operation of oyster/mussel culture beds:

with an area of less than 5,000 square meters . . . . . . .P200.00

with an area of 5,000 square meters but not more

than 10,000 square meters . . . . . . . . . . . . . . . . . . 500.00

3. Catching "bangus" fry or "kawag-kawag"; and fries of other species:

Less than 1,000 sq. m. . . . . . . . . . . . . . . . . . . . .P500.00

1,000 sq. m. or more but less than 2,000 sq. m.

800.00

2,000 sq. m. or more but less than 4,000 sq. m. 1,600.00

4,000 sq. m. or more but less than 6,000 sq. m.2,400.00


8,000 sq. m. or over . . . . . . . . . . . . . . . .. . . . . .4,000.00

4. Fish corrals in inland fresh waters:

with an area of less than 500 sq. m. . . . . . . . . . .P

100.00

with an area of 500 sq. m. or more

but less than of 1,000 sq. m. . . . . . . . . . . . . .

200.00

with an area of 1,000 sq. m. or more

but less than 5,000 sq. m. . . . . . .. . . . . . . . .

360.00


but less than 10,000 sq. m. . . . . . . . . . . . . . .

500.00

with an area of 10,000 sq. m. or more . . . . . . . . .

800.00

5. Seaweeds Farming or culture:

with an areas of less than 500 sq. m. . . . . . . . . . P200.00


but less than of 1,000 sq. m. . . . . . . . . . . . . .P300.00


but less than 5,000 sq. m. . . . . . . . . . . . . . . .

400.00


but less than 10,000 sq. m. . . . . . . . . . . . . . .

500.00

with an area of 10,000 but not more 20,000

sq. m. . . . . . . . . . . . . . . . . . . . . . . . . . . .

800.00

6. Fishpens/cages erected in the sea:

with an area of less than 100 sq. m. . . . . . . . . .P 50.00


but less than of 200 sq. m. . . . . . . . . . . . . .

100.00


but less than 300 sq. m. . . . . . . . . . . . . . . .

150.00


but less than 500 sq. m. . . . . . . . . . . . . . .

200.00

with an area of 500 but not more than 1,000

sq. m. . . . . . . . . . . . . . . . . . . . . . . . . . . .

300.00

7. Gathering of Marine Tropical Aquarium Fish and

Jellyfish

Less than 1,000 sq. m. . . . . . . . . . . . . . . . . . . . . P500.00

1,000 sq. m. or more but less than 2,000 sq. m. 800.00




8,000 sq. m. or over . . . . . . . . . . . . . . . . . . . . . 4,000.00

8. Gathering of kapis shells and cultured shelled mollusks

Less than 1,000 sq. m. . . . . . . . . . . . . . . . . . . . . P500.00

1,000 sq. m. or more but less than 2,000 sq. m. 800.00




8,000 sq. m. or over . . . . . . . . . . . . . . . .. . . . . .4,000.00

9. Application Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . .P20.00

10. Mayor's Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P50.00

SECTION 25. - PERMIT/LICENSE TO FISH. - The taking or catching of fish within the municipal waters with nets, traps or other fishing gears, whether using a fishing boat or not, shall be granted under ordinary permit/license issued by the Sangguniang Bayan to any person, cooperative, partnership, association or corporation qualified under section 13 and 14 of this Ordinance upon payment of license fee based on the herein general schedule of license fee:

GENERAL SCHEDULE OF LICENSE FEE

Kind of Fishing Gear (suchLicense fee per year

Itemas nets, traps, or fishing gears(Reasonable license fees)

Nocommonly used in the locality)

1.Fishermen using nets

a. Pangki (Lubog) P 50.00

b. Sarap

50.00

c. Korantay

50.00

d. Barangayan200.00

e. Bugkat200.00

f. Pangki (Anud)200.00

g. Others

50.00

2. Fishermen using traps:

a. Bintol

50.00

b. Bobo (small)

50.00

c. Bobo big

50.00

3.Fishermen using hook and line:

a. without light

20.00

b. with petromax used in fishing 50.00

c. kitang 50.00

d. Korikan

20.00

d. others

20.00

4.Fishermen using other fishing gears:

a. Bocatot Padarao 100.00

b. Laya

20.00

c. Boya

50.00

d. others

20.00

5.Fishing Boats: (3 gross tons or less)

a. Motorized

100.00

b. Non-motorized

20.00

No person or entity shall be allowed to operate within the municipal waters without first securing a permit or license from the Sangguniang Bayan to so operate. Provided, that, the Municipal Mayor, with the concurrence of the Sangguniang Bayan, pursuant to the principles of reciprocity and cooperation, may enter into agreement with other municipalities recognizing the permits and licenses issued by other municipalities within the waters of this municipality.

SECTION 26. - PERMIT TO TRANSPORT FISH AND OTHER FISHERY/AQUATIC PRODUCTS. - No fish and other fishery/aquatic product shall be transported from the municipality without first securing a permit to transport such products from the office of the Municipal Treasurer through the MFARMC, and after payment of a fee based on the following fees:

a). Preserved fish/aquatic products

iced . . . . . . . . . . . . . . . . . . . . . . . . P20.00/100kgs

salted . . . . . .. . . . .. . . .. . . .. . . . .. 20.00/100kgs

dried/smoked . . . . . . . . .. . . . . . . . 10.00/100kgs

b). Assorted kinds of shells . . . . . . . . . . . P 30.00/100kgs

c). Dried sea cucumber, meat of clams

seaweeds and others . . . . . .. . . . .. P 30.00/100kgs

d). Bangus fry/Lapu-lapu fry (per 1,000 fries or per pot)P20.00

e). Marine Tropical Aquarium Fish/Jellyfish (per hundred) P10.00

f). All others not classified . . . . . . . . . . . . . P 30.00/100kgs

SECTION 27. - RESTRICTIONS. - Licenses and permits or contracts executed under this Ordinance shall, whenever applicable, be deemed to contain the following provisions:

(a) No fish corrals or "baklad" shall be constructed within two hundred meters (200m) from the secondary leader (pamakpak) of another fish corral in marine fisheries or one hundred meters (100m) from the primary leader (padalagan) of another fish corral in fresh water fisheries;

(b) Fish corrals shall be entirely opened during close season period as declared by Sangguniang Bayan upon the recommendation of the Municipal Fisheries and Aquatic Resources Management Council (MFARMC) (or for such period as established by Director of BFAR for the free passage of fish to enable a considerable number to reach the spawning grounds or breeding areas).

For fish corral, individual may be granted an area of not more than two (2) hectares, and for juridical applicant may be granted an area of not more than 5 hectares;

For fish pens/fish cages, individuals may be granted an area of not more than 200 sq. meters and for juridical applicant may be granted an area of not more than 1000 sq. meters. However, no licensee shall construct, establish, operate fishpens/fishcages within thirty (30) meters distance from another for purposes of free passages and/or navigation.

(c) No mangroves or any endangered or protected flora shall be used in the construction of fish corrals or "baklad", fishpen/cages, seaweeds farm lot, and other fishery privileges granted;

(d) No 'salvage' plastic or Styrofoam shall be used as buoys, floats, stakes and/or markers in the establishment or construction of seaweeds farm lot, fish corrals, fishpen/cages and other fishery privileges granted other than those that are commercially available and environmentally non-pollutants;

(e) The water area covered and described under the license granted shall be properly identified and its perimeter or corners conspicuously marked with stakes or anchored buoys;

(f) No seaweed farm lot shall be constructed or established within a distance of thirty (30) meters from another nor shall they be so established as to obstruct free navigation:

Only an aggregate maximum area of not more than ten thousand (10,000) sq. meters maybe granted to individual, and for juridical applicant maybe granted an aggregate maximum area of not more than twenty thousand (20,000) sq. meters;

(g) The licensee shall assume responsibility for any and all acts of his agents, employees, or laborers in the construction, establishment, management and operation of the seaweeds farm lot, fish corrals, and fish pen/cages and other fishery privileges granted;

(h) The licensee shall construct or establish the seaweed farm lot, fish corrals, fish pen/cages and other fishery privileges under the license granted within one year from date of issuance of said license. Failure of the licensee, without justifiable cause, to construct or establish said fishery privileges after said period, shall be a ground for the cancellation of the license or modification or alteration of the area granted;

(i) No gathering, taking, removing or collecting kapis shell of less than eighty millimeters (80mm) in diameter measured from the base perpendicular towards the top edge of the shell, and with the use of mechanical rakes and dredges, or the use thereof on board a motorized boat;

(j) Application for the renewal of license shall be filed one (1) month before its expiration. Failure of the licensee to file the corresponding renewal application within said period is a ground for non-renewal of the license;

(k) Payment of the Annual license fee must be made on or before the date of its due. Failure to pay the annual license fee after the same is due shall subject the licensee to a 100% surcharge. Non-payment of the annual license fee for two consecutive years including the surcharge thereof shall be a ground for the cancellation of the license;

(l) No rights or interests over the water area covered by the license shall be sub-let or transferred without the prior approval of the Sangguniang Bayan in consultation with the FARMC;

(m) In the event that the operation ceases or the license is made to terminate for any reason, the licensee shall immediately remove all stakes used in the construction of the seaweeds farm lot, fish cages/pens, fish corrals and other fishery privileges granted at his/her/their own expenses;

(n) No person shall take, gather or remove seaweed from any farm lot area covered by an existing license to culture except the licensee thereof;

(o) No person shall gather, catch, take, or remove marine tropical aquarium fish and jellyfish except in the marine municipal water of the municipality so stated in the license issued;

(p) No person shall gather, take, catch, or remove marine tropical aquarium fish and jellyfish with the use of obnoxious or poisonous substances as defined under Section 4 (25) hereof;

(q) The Sangguniang Bayan upon recommendation of MFARMC may, however, designate restricted areas in the municipal waters from time to time for the conservation of marine tropical aquarium fish and jellyfish;

(r) A qualified individual maybe granted a license to culture mussels over a water area of not exceeding half hectare, and for juridical, a water area of not exceeding one (1) hectare;

(s) No farm lot shall be established outside the designated mussel belt and within a distance of fifty (50) meters from each other nor shall they be so established so as to obstruct passage.

(t) The licensee shall submit a monthly report to the Sangguniang Bayan copy furnished the MFARMC of the production in his area for statistical purposes in a prescribed form.

(u) Nothing in the license shall be construed as permitting the lessee or licensee, grantee or permitee to undertaken any construction which will obstruct the free navigation in any stream or lake flowing through or adjoining the fish corrals, or impede the flow and ebb of the tide to and from the area wherein the lessee or licensee, grantee or permittee is granted a fishery privilege.

(v) The licensee agrees unconditionally to comply with all the laws, decrees, orders, rules and regulations governing fishing now or which may later be promulgated.

(w) Failure to pay and/or file a bond when due as prescribed in the permit, license or contract or violation of any of the conditions prescribed therein shall be sufficient reason for the cancellation of the license, permit or contract;

(x) Fishing boats, three (3) gross tons or less, licensed to operate in the municipality shall be painted in the color and markings adopted by the municipality and, which color and markings shall be provided for in the Official Registration Form.

SECTION 28. - PRESUMPTION. - The licensee, permittee, and owner or operator of a fishing boat/vessels assumes full responsibility for any and all the acts of his agents and employees. Likewise he is presumed to have knowledge and in conspiracy with them for any and all acts done in connection with his fishing operations. Moreover, this presumption shall apply not only to license holders but also to all other persons conducting a fishing operation within the municipal waters.

SECTION 29. - ADDITIONAL CONDITION IN THE CONTRACT OF LEASE. - The permit shall contain the following additional terms and condition pursuant to PD. No. 1585 that when public interest so requires, the Sangguniang Bayan may review, amend, modify, revise, rescind or revoke any such contract, concession, license or permit or similar privileges.

CHAPTER IV

REGULATION OF FISHING EFFORTSECTION 30. - RECORD OF FISH CAUGHT. - Any individual or entity who has obtained a fishery grant or license to take or catch fish in the municipal waters shall submit to the Municipal Fisheries and Aquatic Resource Management Council (MFARMC) within the first ten (10) days of each month a monthly report in triplicate copies showing data as required under this ordinance, including, but not limited to, the kind, quantity and value of fish caught, fishing effort, and the condition of the fishing ground during the month. Provided, that, the Municipal Fisheries and Aquatic Resources Management Council (MFARMC) shall furnish the Bureau of Fisheries and Aquatic Resources (BFAR), for statistical purposes, such information and data on fishery matters in the forms to be prepared by the municipality.

SECTION 31. - ESTABLISHMENT OF CLOSED SEASON. - The Sangguniang Bayan may, by ordinance, and upon the concurrence of the MFARMC, establish closed season based on the best technical data available within the municipal waters, for conservation and ecological purposes.

SECTION 32. - PROTECTION OF THREATENED AND ENDANGERED SPECIES. - The Sangguniang Bayan shall take protective and conservation measures for rare, threatened and endangered species of flora and fauna in the municipal waters, as determined by the Department of Environment and Natural Resources (DENR), Convention on the International Trade of Endangered Species (CITES), and the FARMCs upon the latter's proper consultation with local fisherfolk.

SECTION 33. - MONITORING, CONTROL AND SURVEILLANCE OF MUNICIPAL WATERS. - a monitoring, control and surveillance system shall be established by the municipality, in coordination with FARMCs, to ensure that the fisheries and aquatic resources in the municipal waters are judiciously and wisely utilized and managed on a sustainable basis and conserved for the benefit and enjoyment exclusively of its residents and those of the Ragay Gulf.

CHAPTER V

CONSERVATION AND PROTECTION OF

MARINE/AQUATIC RESOURCESSECTION 34. - ESTABLISHMENT OF MARINE PROTECTED AREAS. - The Sangguniang Bayan shall upon the recommendation of the FARMC, establish by ordinance more marine protected areas as are necessary, specifically delineating the boundaries thereof, taking into consideration management, socio-economic, environmental and ecological factors.

SECTION 35. - MANAGEMENT OF MARINE PROTECTED AREAS. - The marine protected areas shall be managed by the Municipal Fisheries and Aquatic Resources Management Council (MFARMC).SECTION 36. - CONSERVATION AND REHABILITATION OF CORAL REEFS AND MANGROVE. - The FARMCs shall include in their Fisheries and Aquatic Resources Development Plans (FARDP) appropriate measures to ensure the conservation and rehabilitation of the coral reef and mangrove resources of the municipality.

SECTION 37. - REGULATION OF WASTE DISPOSAL. - The Municipality shall promulgate and enforce a comprehensive waste disposal program and take appropriate measures to ensure the cleanliness and health of the municipal waters.

CHAPTER VI

FISHERY AND ECOLOGICAL EDUCATIONSECTION 38. - INCLUSION OF FISHERY AND ECOLOGICAL EDUCATION IN SCHOOL CURRICULA. - To inculcate consciousness in the youth on the importance of the conservation, protection, rehabilitation, and development of the Ragay Gulf, all schools within the Municipality are hereby required to include fishery and ecological education in their curricula in consonant with the provisions of the Republic Act 8550 particularly of Section 117 of its IRR.SECTION 39. - INFORMATION DISSEMINATION AND PUBLIC EDUCATION. - The Municipality, in cooperation with NGOs, POs and FARMCs, shall embark on an intensive public information and education campaign to inculcate consciousness on and promote the conservation, protection, rehabilitation, and development of the Ragay Gulf.

SECTION 40. - ADOPTION AND SUPPORT TO THE DECLARATION OF THE MONTH OF MAY AS "MONTH OF THE OCEAN" AND THIRD WEEK OF OCTOBER AS "FISH CONSERVATION WEEK". - Presidential Proclamation No. 176 declared on 1963 by then President Diosdado Macapagal declaring the third week of October of every year as "Fish Conservation Week" and Proclamation No. 57, issued on January 09, 1999 by his Excellency, President Joseph E. Estrada, declaring the month of May of every year as "Month of the Ocean", including the conduct of related activities thereon are hereby adopted and supported actively by this municipality as a commitment, in observance thereof, to the conservation, protection, and development of the Marine Ecosystem through this Ordinance.

CHAPTER VII

PROHIBITIONS AND PENALTIESSECTION 41. - PROHIBITED ACTIVITIES RELATIVE TO FISHING AND FISHERIES.

(a) It is unlawful for any person to catch, take or gather or cause to be caught taken or gathered fish or fishery/aquatic products in the municipal water of this municipality with the use of explosives, noxious or poisonous substance, or by the use of electricity as defined in paragraph (11), (24) and (25) of Section 4 hereof. Provided, that, the discovery of dynamite, other explosives, and other chemical compounds containing combustible elements or obnoxious or poisonous substance, or equipment or device for electric fishing in any fishing boat or in the possession of fishermen shall constitute a presumption that the same were used for fishing in violation of this Ordinance and the discovery in any fishing boat of fish caught or fish killed by the use of explosives, obnoxious or poisonous substance or by electricity shall constitute a presumption that the owner, operator or fishermen were fishing with use of explosives, obnoxious or poisonous substances or by electricity. Any person committing any of the said acts shall be prosecuted in accordance with Republic Act 8550.

(b) It is likewise unlawful for any person to:

(1) Catch fish using any of the deleterious methods of fishing such as modified danish seine (hulbot-hulbot/buli-buli), motorized push nets, muro-ami and kayakas, trawls, purse seine, bag nets, pa-aling and other forms of active fishing gear as defined in Section 4 (19) hereof.

(2) Catch fish using fine meshed nets as defined in Section 4 (13) hereof. Provided, that fine meshed nets may be used in gathering of fry, glass eels and other species which by their very nature is small but already mature;

(3) Catch fish using superlight;

(4) Operate baby trawls or to engage in any form of commercial fishing activity using fishing boats of more than three (3) gross tons within the municipal waters;

(5) Knowingly possess, deal in, sell or in manner dispose of, for profit, any fish or fishery aquatic products which have been illegally caught, taken or gathered.

(6) Do or perform any act constituting aquatic pollution as defined under Section 4 (2) hereof.

(7) Catch or cause to be caught endangered species and/or to catch fish and other fishery or aquatic products in part of municipal waters that are now or hereinafter be declared restricted or closed to fishing activities.

(8) Take corals whether living or dead from their natural beds/habitats;

(9) Conduct or operate underwater quarrying; and

(10) Violate any of the provisions of this Ordinance.

(c) Poaching in municipal waters shall also be unlawful.

(d) Fishing with the use of Capandra or Air Compresor shall be prohibited.

It shall be unlawful for any person/s to use air compressor or capandra in fishing and/or other related fishing activities in the municipal water except during or for educational research purposes. Provided, that if for use in educational and research purposes, a permit shall first be secured from the Office of the Municipal Mayor, Bureau of Fisheries and Aquatic Resources (BFAR) and other government agencies authorized to issue such permit for that purpose.

Provided further, that any discovery of this breathing apparatus on board any fishing boat shall constitute a presumption and a prima facie evidence that the same was used in fishing in violation of this Ordinance, and shall immediately be confiscated including the fishing boat. Fish catch, if any, shall immediately be confiscated/seized, and if fit for human consumption, shall be donated to any penal institutions such as the national, provincial, municipal jail, or to any charitable institutions such as hospitals, house of charities, or orphanages or home of the aged, street children, and indigents.

SECTION 42. - COMPROMISE. - The prosecution of any acts or offenses under the immediately preceding provision cannot be compromised and the Sangguniang Bayan or the office of the Mayor shall initiate and ensure the prosecution of the offenders not only under the said provision but also under other existing laws, orders, rules and regulations whenever applicable. Provided, that the following circumstances may be treated as administrative offenses and can be compromised subject to the limitations likewise provided herein.

(a) Fishing boats entering reserved or closed areas. - The owner/operator of any fishing boats, licensed or unlicensed, entering a fishery reserve, sanctuarium or declared close area for the purpose of fishing shall be fined in a sum of two thousand five hundred pesos (P2,500.00).

(b) Fishing boat continuing fishing after expiration of license. - The owner/operator of a fishing boat continuing to fish within sixty (60) days from the date of expiration of its license shall pay the ordinary annual license thereof in full in addition to a fine of one hundred (P100.00) pesos for every day the license remains unrenewed.

(c) The owner or operator of a fishing boat found operating with unlicensed fishworker shall be fined in sum of fifty (P50.00) pesos for each fishworker and for each month that such a fishworker has been employed.

(d) Failure to submit required report - The owner or operator of a fishing boat who fails to submit a required report of fish caught within thirty (30) days after due date shall be fined in an amount of one thousand five hundred (P1,500.00) pesos.

(e) Fishing boats engaged in fishing without license. - The owner and/or operator of a fishing boat engaged in fishing operation without the necessary license shall be fined in an amount of one thousand pesos (P1,000.00) for each month or fraction thereof in operations.

(f) Fraudulent reporting - Should the owner or operator of a fishing boat/vessel submits a fraudulent report he shall be fined in an amount of two thousand five hundred (P2,500.00) pesos.

(g) Other violations. - Other violations may be compromised. Provided, that, the fine shall not be less than fifty percent (50%) of the maximum fine imposed for the violation of a municipal ordinance. Provided, finally, that only first offenders may avail of the compromise provisions hereof.

SECTION 43. - CONFISCATION AND FORFEITURE OF FISHING PARAPHERNALIA/FISH CATCH AND REVOCATION OF LICENSE/PERMIT. - Any items used by the offenders in the commission of the prohibited acts provided in Section 41 hereof shall be confiscated and forfeited in favor of the municipality. The fish catch shall also be confiscated and forfeited. Provided that the forfeiture of fishing paraphernalia for acts committed under paragraph (b), (c) and (d) of the same section shall be applied only against recidivists or habitual offenders. Provided, finally, that, the license or permit of offenders on whom have been imposed forfeiture of fishing paraphernalia, and who are recidivists and habitual offenders shall be automatically revoked.

SECTION 44. - PENALTIES. - Violation of the provisions of this Ordinance, except those provided for under Section 41 (a) hereof which shall be prosecuted and punished under Republic Act 8550, shall be punished by imprisonment of not less than one (1) month but not more than six months, or a fine of not less than one thousand pesos (P1,000.00) but not more than two thousand five hundred pesos (P2,500.00) or both at the discretion of the court. Provided, that the Court may, in addition to the foregoing penalties, require the violator to render community service. Provided further, that the fishing paraphernalia so used in the illegal fishing operation shall also be forfeited in favor of the municipal government as provided in the preceding section hereof.

CHAPTER VIII

LAW ENFORCEMENTSECTION 45 - PERSONS AUTHORIZED TO ENFORCE THIS ORDINANCE. - Members of the Philippine National Police, other law enforcement agents, the Municipal Agriculturist and/or Fishery Officer, Barangay Chairman, and Fish Wardens duly deputized by the Municipal Mayor are hereby authorized to enforce this ordinance.

SECTION 46. - QUALIFICATIONS OF FISH WARDENS. - Any person may be appointed by the Municipal Mayor as fish warden if such person is of legal age, environmental conscious and of good repute. Provided, that a nomination from duly registered fisherfolk organization operating in the municipality shall constitute proof that the person nominated is environment conscious and of good repute.

SECTION 47. - ADDITIONAL REQUIREMENT FOR FISH WARDENS. - Prior to appointment as such, deputized fish wardens must undergo necessary training relevant to fishery law enforcement. Provided, that those already deputized and who have in fact undertaken the requisite training shall continue to discharge the functions and powers already given them by the Municipal Mayor.

SECTION 48. - CONTINUING TRAINING FOR LAW ENFORCERS. - The Municipality, in coordination with the MFARMC, shall ensure the continuing training and education of deputized fish wardens and other law enforcers to ensure effective enforcement of this ordinance, fishery laws, rules and regulations.

SECTION 49. - INCENTIVES AND SUPPORT FOR THE MUNICIPAL BANTAY DAGAT. - The Sangguniang Bayan shall make annual appropriations for the operations and equipment, insurance, allowances and appropriate legal assistance to fish wardens. The initial amount of FIFTY THOUSAND PESOS (P50,000.00) is therefore being appropriated for this purpose. Thereafter, in addition to the said amount, twenty percent (20%) of the collections derived from fees by virtue of this ordinance, including the fines imposed for violation of the same, shall be appropriated for the purpose.

In addition thereof, thirty percent (30%) of fines collected as a result of convictions of illegal fishermen shall be given to the Municipal Bantay Dagat as cash incentives subject to the usual accounting and auditing rules and regulations of the Commission on Audit (COA).

CHAPTER IX

TRANSITORY PROVISIONSSECTION 50. - TRANSITORY PROVISIONS. - The Sangguniang Bayan shall:

(a) As soon as possible, determine by ordinance the specific limits of the municipal waters as well as the fishing zones as provided for in Section 15 of this ordinance marking clearly their boundaries using buoys or any practicable means.

(b) Licenses and Permits. - Within two (2) months from the effectivity of this ordinance, the necessary licenses and permits required under this ordinance should be paid and secured by concerned parties.

CHAPTER X

FINAL PROVISIONSSECTION 51. - REPEALING CLAUSE. - All ordinances, orders and regulations in conflict hereof are hereby modified, repealed and/or superseded.

SECTION 52. - SEPARABILITY CLAUSE. - The provisions of this Ordinance are hereby declared to be separable and, if any clause, sentence, provision, or section of this Ordinance, or application thereof to any person or circumstances should, for any reason, be held invalid, such invalidity shall not affect the other provisions or application of the Ordinance.

SECTION 53. - EFFECTIVITY. - This Ordinance shall take effect immediately upon approval hereof.

UNANIMOUSLY ADOPTED: By order of the Sangguniang Bayan of Ragay, Camarines Sur this 06th day of December, 1999.

I HEREBY CERTIFY to the correctness of the above-mentioned Resolution/Ordinance.

(Sgd.)MANUEL C. COMOTA

Municipal Secretary

ATTESTED:

(Sgd.)HON. JUSTINA C. CLEMENTE

Vice-Mayor/Presiding Officer

(Sgd.)HON. DOMINGO S. CEDO(Sgd.)HON. ADELAIDA A. RUY

SB Member

SB Member

(Sgd.)HON. BENJAMIN P. RAMOS(Sgd.)HON. JUDITH Q. AMPARADO

SB Member

SB Member

(Sgd.)HON. ARMANDO P. HERNANDEZ(Sgd.)HON. CLARITA SL. ALMAREZ

SB MemberSB Member

(Sgd.)HON. ROMEO G. MAYOR(Sgd.)HON. JUNER M. RUBIO

SB Member/ABC PresidentSB Member/SKF PresidentAPPROVED:

(Sgd.)HON. RENATO E. AQUINO, M.D.

Municipal MayorDate approved: January 03, 2000

res. 160 ord.032 fishery

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