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Republic of the PhilippinesProvince of CebuMunicipality of Bantayan

Resolution No.______Series of 2010

WHEREAS, the Republic Act No. 7160, otherwise known as the Local Government Code of 1991 provides an opportunity and full authority of the Local Government Units to protect, conserve, develop and manage the valuable coastal and marine resources under its jurisdiction;

WHEREAS, pursuant to Republic Act 8435 known as the “Agriculture and Fisheries Modernization Act” (AFMA) and to conform with the provisions of the Republic Act 8550 otherwise known as “The Philippine Fisheries Code of 1998,” provides the mandate for all coastal municipalities to enact ordinances that will address the sustainable management, conservation, development, protection, utilization, and deposition of all fish, fishery/ aquatic, and coastal resources within their respective municipal waters;

WHEREAS, the coastal fisheries and aquatic resources within the municipal waters are a very important natural resources which directly support and sustain the coastal communities of the municipality, and are vital to food security and environmental sustainability;

WHEREAS, there is a need for the adoption and/or enactment of a Fisheries Ordinance to codify all ordinances enacted for the development, conservation and management of the fisheries and aquatic resources of the municipality for efficient implementation and enforcement;

WHEREAS, this Sangguniang Bayan realized the need to consolidate, harmonize and integrate all ordinances pertinent thereto;

WHEREFORE, on motion of Hon. Reynaldo Menchavez and duly seconded by all members of the council present, it was resolved, as it is hereby resolved to enact the following ordinance, be it;

ORDINANCE NO.___Series of 2010

“AN ORDINANCE PROVIDING FOR THE DEVELOPMENT,MANAGEMENT, CONSERVATION, REHABILITATION,

PROTECTION OF FISHERIES AND AQUATIC RESOURCES INTEGRATING ALL ORDINANCES PERTINENT THERETO,AND FOR OTHER PURPOSES IN THE MUNICIPALITY OF

BANTAYAN, PROVINCE OF CEBU”

Be enacted by the Sangguniang Bayan of the Municipality of Bantayan, Cebu in its regular session, that:

CHAPTER I TITLE AND DECLARATION OF POLICY

Section 1. Title. This ordinance shall be known as - The Municipal Fisheries Code of Bantayan, Cebu, 2010.

Section 2. Declaration of Policy. It is hereby declared by the policy of the municipal government to:

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a) Achieve food security as the overriding consideration in the utilization, management, development, conservation and protection of fishery resources in order to provide the food needs of the population;

b) Limit access to the fishery and aquatic resources of the municipal waters for the exclusive enjoyment of the municipal fisherfolks;

c) Ensure the rational and sustainable development, management and conservation of the fishery and aquatic resources in the municipal waters;

d) Allow people’s full and active participation in the conservation and management of the coastal and fishery resources and promote awareness of sustainable fisheries through appropriate education and training;

e) Encourage the participation and cooperation of the private sector, the people’s organization, and the non-governmental organization as an active partners in local governance, particularly in the delivery of basic services, to ensure the viability of the local economy as part of a strategy for sustainable development and healthy environment;

f) Protect the rights of municipal fisherfolks as priority in the preferential use of the municipal waters;

g) Provide support to the fishery sector, primarily to the municipal fisherfolk, including women and youth sectors through adequate financial assistance, production, marketing assistance and other basic services;

h) Manage fishery and aquatic resources, in a manner consistent with the concept of Coastal Resource Management (CRM) and/or Integrated Coastal Management (ICM);

Section 3. Scope of Application. The provision of this ordinance shall be enforced in:

a) Municipal waters and coastal zones as clearly defined in Municipal Ordinance No. 02-2006 and this ordinance with careful validation, verification and survey undertaken by the National Mapping and Resource Information Authority (NAMRIA) as shown in Map/Chart No. 4405, with the technical descriptions:

Municipal WatersPoints Latitude (North) Longitude (East) Remarks

Beginning at 1 110 09’ 09” 1230 45’ 22” Coastal terminal pointthence 2 110 08’ 45” 1230 45’ 15”thence 3 110 07’ 09” 1230 45’ 33”thence 4 110 05’ 30” 1230 45’ 57”thence 5 110 02’ 01” 1230 47’ 14”thence 6 110 59’ 39” 1230 46’ 00”thence 7 100 57’ 40” 1230 44’ 05”thence 8 100 58’ 22” 1230 41’ 48”thence 9 100 59’ 05” 1230 39’ 04”thence 10 100 59’ 30” 1230 37’ 19”thence 11 110 00’ 20” 1230 34’ 28”thence 12 110 01’ 05” 1230 33’ 16”thence 13 110 04’ 05” 1230 30’ 07”thence14 110 05’ 04” 1230 29’ 11”thence 15 110 06’ 54” 1230 28’ 30”thence 16 110 09’ 07” 1230 28’ 09”thence 17 110 11’ 48” 1230 28’ 45”thence 18 110 14’ 27” 1230 30’ 26”thence 19 110 18’ 47” 1230 34’ 30”thence 20 110 19’ 27” 1230 34’ 55”thence 21 110 14’ 52” 1230 41’ 45”thence 22 110 14’ 44” 1230 41’ 52”thence following the coastline 23

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Beginning 23 110 15’ 12” 1230 45’ 26”thence 24 110 15’ 57” 1230 48’ 15”thence 25 110 14’ 57” 1230 47’ 17”thence 26 110 14’ 16” 1230 46’ 54”thence 27 110 13’ 27” 1230 46’ 40”thence 28 110 12’ 45” 1230 46’ 46”thence 29 110 12’ 14” 1230 47’ 10”thence 30 110 11’ 52” 1230 47’ 42”thence 31 110 11’ 12” 1230 46’ 58” Coastal terminal pointthence following the coastline to 1

Source: NAMRIA & M.O. No. 02-2006

b) All fish and fishery aquatic resources in the municipal waters; and

c) All areas and activities or businesses relating to the use, development, conservation, and management of fishery aquatic resources in coastal areas

whether private or public ownership.

d) All persons, entities or corporations that actively use and/or in the process of utilizing fishery resources and coastal resources of the Municipality of Bantayan, Cebu.

Section 4. Definition of Terms. As used in this Ordinance, the following terms and phrases are defined as follows:

1. Admeasurements – means the measure of the volumetric capacity of the fishing vessel to determine its gross tonnage (GT).

2. Aquatic/Coastal Pollution - The introduction of substances from humans, animals, or machines directly or indirectly into the coastal environment with deleterious effects which will:

a) harm living or non-living organisms, fishery resources, and all other coastal resources;

b) pose potential and/or real hazard to human health; andc) hinder or destructs all other coastal and fishery related activities.

Aquatic/Coastal Pollution shall include dumping or disposal of water and other liters but not limited to plastics, discharges of petroleum, oil, radioactive materials, chemicals and other noxious or harmful liquids, gaseous or solid substances including detergents and cleansing pollutants to the sea which may cause hazards and harmful effects to the marine environment.

3. Artificial Reef - refers to the assemblage of solid objects submerged underwater which provides the biological needs of different organisms in marine environment, which tends to attract fish of various species and sizes for the benefits of the marginal fishermen using passive gears.

4. Aquatic Resources - includes fish, all other aquatic flora and fauna and other living resources in the aquatic environment, including but not limited to salt and corals.

5. Auxiliary Invoice – a document issued by the municipality prior to the transport of fishery and fishery products from the point of origin to their point of destination upon payment of corresponding fees described by this ordinance.

6. Closed Season - the period during which the taking of specified fishery species by a specific fishing gear is prohibited in a specified areas in the municipal waters.

7. Catch Ceilings – refers to the quarterly or annual catch limits allowed to be taken, gathered or harvested from any fishing area in consideration of the need to prevent over-fishing and harmful depletion of breeding stocks of aquatic or marine organisms.

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8. Certificate of Number (CN) – proof of conferment of identity of fishing vessel.

9. Certificate of Fisherfolk Registration (CFR) – a document use as a proof that the fisher folk is listed in the municipal fisher folk registry.

10. Community Tax Certificate (CTC) – proof of residence in the municipality or city.

11. Coastal Area/Zone - is a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial process and uses directly affect oceanic processes and vice-versa; its geographic extent may include areas within a land having a mark limit of one (1) kilometer from the shoreline highest tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine, sandy beaches and other areas within seaward limit of 2300 meters isobar to include coral reefs, algal flats, seagrass beds and other sea bottom areas.

12. Coastline - outline of the mainland shore touching the sea at mean low tide.

13. Commercial Fishing - the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing, to be further classified as:

13.1 Small Scale Commercial Fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 GT up to 20 GT;13.2 Medium Scale Commercial Fishing - fishing utilizing active gears

and vessels 20.1 GT up to 150 GT;13.3 Large Scale Commercial Fishing - fishing utilizing active gears

and vessels of more than 150 GT.

14. Compressor - refers to any equipment with an air pump driven by an electric, mechanize motor or engine to produce air stored in an air tank which is attached to it. It maybe composed of an air gauge, air regulator valve, automatic relay, and plastic hose.

15. Compressor fishing - refers to a fishing activity using air-compressor tank or equipment to enable a fisherman or a diver to breath underwater in catching fishes or gathering shells.

16. Coral - is a colony of microscopic animals in which its exo-skeleton is made up of hard calcareous substance or marine coelenterates, consisting of polyps. It includes reefs, shelves and atolls. It is a very delicate animal that can live only in warm water (above 18°C). Most corals are colonial animals, meaning that there are many small individuals called polyps which live together to form a larger structure. Hard corals or those that build reefs actually excrete a hard limestone (CaCO3) skeleton which enables the formation of the largest natural structures in the world.

17. Coral Reef - a natural aggregation of coral skeleton, with or without living coral polyps, occurring in intertidal and subtidal marine waters. Coral reefs are by far the most biodiverse marine ecosystem and are the equivalent or comparable of a rainforests in the terrestrial zone (Amazon Forests). The diversity of fish that inhabit within the coral reefs is about 100 times more than the open ocean.

18. Danish Seine - a type of seine basically operated with tom weight and scarelines that is use to draw and hauling the nets.

19. Demarcated Areas – are boundaries defined by markers and assigned for exclusive use of the government or to specific individuals or organizations for certain specified and limited uses such as:

a. aquaculture, sea ranching and sea farming (mariculture);b. fish aggregating devices such as artificial reefs, fish shelter or payao’s;c. fixed and passive gears; andd. Marine Protected Areas (MPAs).

20. Department - shall mean the Department of Agriculture with line bureau the Bureau of Fisheries and Aquatic Resources (DA-BFAR).

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21. Electro-Fishing - means the used of electricity generated by dry cell batteries, electric generators or other sources of electric power to kill, stupefy, disable or render unconscious to fish or fishery aquatic products in seawater areas.

22. Endangered, Rare and/or Threatened 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 in the Protected Areas & Wildlife Bureau (PAWB) of the Department of Environment and Natural Resources (DENR) and in the Convention on the International Trade of Endangered Species of Flora and Fauna (CITES).

23. Fine-meshed net - all nets/webbing’s whether made or synthetic fiber, polyethylene (PE) fiber or whatever forms or kind which is used in fishing, with a mesh size less than three (3) centimeters measurement between two (2) opposite knots of full meshed when stretched.

24. Fisheries - refers to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving, and managing fishery resources.

25. Fish and Fishery Aquatic Products - all fishes and other aquatic animals such as crustaceans (crabs, prawns, shrimps, and lobsters), mollusk (clams, mussels, scallops, oysters, snails and other shell fishes) including all marine and fresh water flora and fauna and all other products of aquatic living resources in any form.

26. Fisherfolk - any person (regardless of gender) who is directly or indirectly engaged in taking, preserving, culturing, processing any fishery aquatic species and other related fishing activities in the municipal waters.

27. Fisherfolk organization/ cooperative - any duly organized group, association, federation, alliance or institution with at least 15 members with a set of officers, organizational structures, constitution and by-laws, and programs.

28. Fishery - is the business of taking, catching, handling, marketing and preserving fish or other fishery products from fishing grounds, whether marine or freshwater body, and the right to fish, gather or take such other products there from.

29. Fishery License - a legal document that authorize a person, cooperative, partnership or corporation to engage in any fishing activity in the municipal waters.

30. Fishery Owner - one who owns and provides the means including land, labor, capital, fishing gears and vessels, but whether or not directly, or indirectly or personally engage in fishery activity. 31. Fishery Refuge and Sanctuaries - a designated area where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human access maybe restricted to allow natural rehabilitation process and growth of all living marine organisms.

32. Fishery resources/ marine resources - include all kinds of finfish, mollusk, crustaceans, echinoderms, marine mammals, and all other marine species and products derived from the sea in any forms.

33. Fishery species - all aquatic flora and fauna including, but not restricted to, fish, algae, coelenterates, mollusk, crustaceans, echinoderms, and cetaceans.

34. Fishing - the taking of fish or fishery aquatic products from their wild state or habitat, with or without use of fishing vessels.

35. Fishing Boat - include all boats regardless of make and type such as bancas, sailboats, motor boats or any type of water crafts, whether licensed or unlicensed, used for fishing and fish processing purposes or transporting the fish in the course of fishing operation to every fish landing points, ports or markets.

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36. Fishing vessel - any boat, ship, or other watercraft equipped to be used for taking of fishery species or aiding, or assisting one (1) or more vessels in the performance of any activity relating to fishing, including, but not limited to preservation, supply, storage, refrigeration, transportation and/or processing.

37. Fish Corral (Ponot) - a stationery or passive fishing gear or trapping device to intercept and capture fish, consisting of raw of sticks and bamboo with one or more enclosures, usually with easy entrance but difficult exit, and with or without leaders to direct the fish to the catching chamber, purse or bunt.

38. Fishing with the Used of Explosives - means the used of dynamites or any other explosives or chemicals compounds that contain any combustible elements or ingredients that upon ignition by friction, concussion or detonation of all parts of the compound, kill, stupefy disable or render unconsciousness to any fish or other fishery aquatic product. It shall also refer to the used of any other substance and/or device that caused explosions capable of producing the said harmful effects on fish or fishery/aquatic products.

39. Fishing with the Used of Obnoxious or Poisonous Substances - means the used of substances, plants extracts or juices thereof, chemical whether in raw or in process form, harmful or harmless to human beings, which kill, stupefy disable or render unconsciousness to any fish or other fishery aquatic products.

40. Fishing Gear - an instrument or device and its accessories utilized in taking fish and other fishery species.

a. Active fishing gear - is a fishing gear device characterized by gear movement, and/or the 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, trawl, purse seines, Danish seines, Zipper, paaling, drift gill net and tuna longline.

b. Passive fishing gear - is characterized by the absence of the gear movements and/or the pursuit of the target species; such as, but not limited to, hook and line, fishpen, fishpots, crabpots, traps and stationary gill nets installed across the migration path of the fish.

41. Fishery Management Areas – a bay, gulf, lake or any other fishery area which may be delineated for fishing resources management purposes.

42. Fishery Operation – refers to any type of fishery livelihood including fishing gears operated by any person or groups fishing within Municipal waters.

43. Fishery Operator – one who owns and provides the means including capital fishing gears and vessel, but does not personally engage in fishery.

44. Fishery Refuge and Sanctuaries – a designated area where fishing and other forms of activities deleterious to the ecosystem of the area is prohibited and human access may be restricted.

45. Fishery Reserve – a designated area where activities are regulated and set aside for educational purposes.

46. Fish fingerlings - a stage in the life cycle of the fish measuring to about 6-13 cm. depending on the fish species.47. Fish Cage – any method of culturing fish and fishery aquatic resources in an enclosure which is either stationary or floating, made up of nettings 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 or bamboo post of various types of anchors and floats.48. Fish fry - a stage of which a fish has just been hatched usually with sizes from 1.0-2.5 cm.

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49. Fish Pen - an artificial enclosure 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.

50. Fish Pot (bubo) – a passive fishing gear characterized with baited enticing devices made of wood, bamboo, rattan, synthetic fiber, PE nets or nylon netting in the form of regular or conical shape receptacles with non-return valve which provides easy entrance but difficult exit for fish, invertebrates and crustaceans.

51. 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, fish ponds, prawn farms, salt beds, fish port, fishing boat or trawler, or fish processing and/or packing plants. Excluded from this category are administrators, security guards and overseers.

52. Food Security – refers to any plan, policy or strategy aimed at ensuring adequate supplies of appropriate food at affordable prices. Food security may be achieved through self-sufficiency or self-reliance or through pure importation.53. Formalin - a chemical solution known as Formaldehyde, used as an antiseptic, disinfectant and preservative in industries particularly in embalming purposes.

54. FO - means the Fishery Officer under the Office of the Municipal Agriculturist.

55. FT - means the Fishery Technologist under the Office of the Municipal Agriculturist.

56. Gas Lamp - any kind of lighting instrument used to produce light by using petroleum gas or liquefied fuel, or oil, or any combination thereof.

57. Gill net - any form or size of nets made up of monofilament nylon or polyethylene (PE) commonly known as “pukot“ use to capture fish species characterize by entangling the fish at their gills.

58. Gleaning - the collection or gathering of various organisms, fish species, shells, vertebrates and invertebrates at sea usually undertaken during low tide through the use of hand and other simple collection devices.

59. Gratuitous Permit – a permit issued by the Mayor for fishing privileges purposely for scientific, research and/or educational purposes only.

60. Gravid – a stage of life of marine species ready to release eggs for fertilization.

61. Gross Tonnage (GT) – the product of vessel tonnage length, tonnage width, and tonnage depth multiplied by a factor of 0.70 divided by 2.83.

Formula: GT = L x W x D x 0.70 2.83

62. Limited Access - a fishing policy by which a system of equitable resource use and allocation is established by law through fishers rights granting and licensing procedures as provided by the Philippine Fisheries Code and this Ordinance.

63. Local Government Unit (LGU) Bantayan - means the municipal government of Bantayan, Cebu.

64. Longline – a fishing gear extremely characterized with series baited hooks attached to a monofilament nylon either set or drifting and requiring only periodical attention at more or less fixed interval time.

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65. Mangroves - are salt-tolerant, woody, seed-bearing plants that are found in tropical and subtropical areas where they are subject to periodic tidal inundation. The mangrove ecosystem is a very diverse one and a home to many birds, fish, mammals, crustaceans and other animals. Mangroves are very specialized plants and have adapted to survive in a very harsh environment where other plants cannot survive. Since mangroves often live in muddy environments where gas exchange is difficult, the root systems of many mangrove species are highly specialized. An interesting adaptation is the root systems which grow out from branches and the trunk of mangrove trees such as those on Rhizophora spp. (bakauan). Those root system are called stilt root or prop roots.66. Mariculture – fishery operations involving all forms of raising and culturing fish and other fishery species in brackish and marine water areas.

67. Marine sanctuary or Fish Sanctuary – a designated area where fishing and other forms of activities deleterious to the ecosystem of the area is prohibited and human access may be restricted for the purpose of rehabilitation and natural reproduction and growth of marine organisms.

68. Marine Protected Area or MPA – refers to the area within the municipal waters where specific protection, development and management schemes and measures are introduced and executed. It may be composed of a Restricted, Multi-Use and No-Take (Marine Reserves and Sanctuaries) Zones.

69. Maximum Sustainable Yield (MSY) – refers to the largest yield that can be obtained which does not deplete or damage the natural resources irreparably and which leaves the environment in good order for future generations. It is also defined as the maximum amount of a specie or group of species that can be taken without diminishing the fish stock for future use.

70. MBD - means the Municipal Bantay Dagat Task Force.

71. MFARMC - means the Municipal Fishery and Aquatic Resource Management Council.

72. MFS - means the Municipal Fisheries Sector Task Force.

73. MMPA Board – refers to the Municipal Marine Protected Area Management Board of Bantayan.

74. Migratory Species – refers to any fishery species which in the course of their life could travel from freshwater to marine water or vice versa, or any marine species which travel over great distances in water or vice versa or any marine species which travel over great distances waters of the ocean as part of their behavioral adaptation for survival and speciation, to wit:

a. Anadromous species – marine fishes which migrate to freshwater areas to spawns;

b. Catadromous species – freshwater fishes, which migrate to marine areas to spawn.

75. Monitoring, Control and Surveillance (MCS)

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 are regulated; and

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c. Surveillance – the highest degree and types of observations required to maintain compliance of all fishery related regulations.

76. Multi-Use Zones – where municipal fishing using non-destructive fishing gears and tourism activities are allowed.

77. Municipal Fisherfolk Registration – the act/process of enlisting fisherfolk for the purpose of determining priorities among them, of limiting entry into municipal waters and of monitoring activities and/or other purposes.

78. Municipal Mayor - refers to the municipal mayor of Bantayan, Cebu.

79. Municipal Fisherfolk - person who are directly or indirectly engaged in municipal fishing, and other related fishing activities.

80. Municipal Fishing - refers to fishing within the municipal waters using fishing vessels of three gross tons (3-GT) or less, or fishing not requiring the use of fishing vessel.

81. Municipal Waters - for the purpose, the words “Municipal Waters” includes not only tidal water included within the municipality, not being the subject of private ownership and not compromised within the national parks, public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two lines drawn perpendicularly to the general coastline from points where the boundary lines of the municipality touch the sea and the third line parallel with the general coastline is fifteen kilometers from it. Where two municipalities are so situated on the opposite shores that the distance 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 properly delineated and defined in Section 3 (a) of this ordinance.

82. Net Tonnage (NT) - the product of multiplying the Gross Tonnage by a factor of 0.68.

Formula: NT = GT x 0.68

83. Non-biodegradable – any garbage which is not capable of being broken down by natural process, like broken glasses and plastics.

84. Non-Governmental Organization (NGO) – an agency, institution, a foundation or a group of persons whose purpose is to assist peoples organizations/associations in various ways including, but not limited to, organizing, education, training research; resources accessing, and /or livelihood opportunities.

85. Non-Renewable Resources – are resources, which include sand, gravel, pebbles, rocks and boulders.

86. No-Take Zones – a specified are within the Marine Reserves and Sanctuaries where fishing of any kind is not allowed and strictly prohibited.87. Old Growth Mangroves – this refers to ecologically mature mangrove tree species and has been subjected to negligible unnatural disturbances such as logging, road construction and clearing. These are species that originally and naturally thrive in a given area.

88. OMA - means the Office of the Municipal Agriculturist.

89. Over fished Area - an area within the jurisdiction of the municipal waters in which the fishery resource is threatened and fishing activity is no longer sustainable. It can be attributed of the following circumstances, to wit:

a) too much harvesting in such a way that the mean size of fish species being caught is sub-optimal and pre-mature size thereby providing depletion of the stocks;

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b) intense fishing pressures by which the natural processes of life cycle and restocking through reproduction and resettlement is being impaired;

c) shift in fish community structures and biomass from which a dominant valuable fish species were substituted by less dominant species with less economic value;

d) when resource users faced (fisherfolks) with declining fish catch and lacks any other alternative means resulting to wanton destruction of marine and fishery

aquatic resource for their income.

90. Overfishing - occurs when the quantity of fish being caught or harvested is higher than the quantity of its natural reproduction process thereby limiting the growth and threatening the production of various fishery and marine resource for future use.

91. Payao – is a fish-aggregating device (FAD) consisting of a floating raft anchored by a weighted line with suspended materials such as palm fronds to attract pelagic and schooling species common in deep waters.

92. Pearl Farm Lease – public waters leased for the purpose of producing cultured pearls.

93. People’s Organization – a bona fide association of (Filipino) citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. Its members belong to sector/s who voluntarily bands themselves together to work for and by themselves for their own upliftment, development and greater good.

94. Permit - a legal document issued to license holders before engaging in fishing or any fishery activity.

95. Person - refers to natural being and juridical entities but not limited to association, partnerships corporations, or cooperatives.

96. Push Net - means a type of scissors-like net made up of a triangular framed wood, a collapsible fine meshes net webbing’s used in catching shrimp fry or “hipon” and other fish fry and juvenile’s fish species. It is manually driven to capture fish juveniles affected by a forward and horizontal motion along the bottom of shallow waters within wading depths during actual fishing operation.

97. Purse Seine – an active fishing gear or 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/s until the fish are concentrated in the bunt or fish bag.

98. Ring Net - an active fishing gear which is a modification of purse seine using a single boat with almost the same fishing gear structures. It is locally known as “kub-kob.”

99. Sabalo - means the full grown bangus or mother bangus (Milk fish- Chanos chanos) measuring more than sixty (60) centimeters in length from the tip of its mouth to the extreme end of the caudal fin or tail.

100. Sea Farming – the stocking or hatchery-produced marine plants and animals, reared under controlled conditions, for purposes of culturing and harvesting, but not limited to commercially-important fishes, mollusk (such as pearl and giant clam culture), including seaweed and seagrass.

101. Sea Ranching - the release of the young of fishery species reared in hatcheries and nurseries into natural bodies of water for subsequent harvest at maturity or the manipulation of fishery habitat, to encourage the continuous growth of the wild stocks.

102. Seaweeds – all marine algae used as food or producing derivatives such as agar, gums, algin, carrageenan, or other extracts of economic or commercial value, such as but not limited to gulaman-dagat (Tagalog), lato (Cebuano), gozo (Cebuano) and gamet (Ilocano) and other seaweeds species found and grow in marine waters.

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103. Shell, Oyster and Mussel Beds – a definite water area designated by the MFARMC Management and the MAO where the shell beds/oyster and mussel bed may be constructed and reared.

104. Spear Fishing - a hand instrument with pointed, barbed or barbless blades at the tip of its shaft. It can be thrown by hand or with the use of a wood-gun or a bowlike device. It is used during day time or night time fishing activity with a gas lamp for lighting. It is locally known as “sungkit or pana.”

105. Superlight - a fishing accessory using halogen or metal halide bulb which may be located above the sea surface or submerged in the water. It consists of a ballast, regulator, electric cable and socket in which the source of energy comes from a generator with electric cable and socket coupled with an auxiliary boat engine or from the main engine.

106. Trawl Fishing - an active fishing gear consisting of net made in form a conical bag with the mouth keep open with the various devices and the entire gear towed, trailed or trawled to capture fish or fishery/aquatic products.

107. User’s Fee - refers to the payment imposed upon the local or foreign guests/visitors as per visit in any designated MPAs where certain identified site is allowed and regulated for tourism activities.108. Vessel Registration - an act/process of enlisting a fishing vessel three (3) gross tons and below for the purpose of establishing its identity and ownership by assigning its permanent number [recorded in the municipal registry of municipal fishing vessel].

CHAPTER IIClassification of Municipal Waters

Section 5. Zone 1 – Freshwater Tributaries and Brackish water Fishponds. This refers to a particular river system including its tributaries and all brackish water fishponds which are developed, underdeveloped or to be developed in concurrence with existing laws. Zone one (1) includes specific coastal areas situated in Barangays Patao, Ticad, Sungko, and Botigues.

Section 6. Zone 2 – Mangrove areas. This refers to areas where mangrove grows naturally and those areas potential for the growth of mangroves. Zone two (2) includes specific mangrove areas located in Barangays Kabac, Patao, Baod, Guiwanon, Sungko, Oboob, Suba, Sulangan, Botigues, Hilotongan, Doong, and Baigad.

Section 7. Zone 3 – Tidal Flats. This refers to the foreshore areas exposed during the lowest low tide. Zone three (3) includes specific inter tidal flats located in Barangays Atop-atop, Tamiao, Sillon, Baigad, Kabac, Patao, Baod, Guiwanon, Binaobao, Sungko, Oboob, Suba, Sulangan, Botigues, Hilotungan, Doong, Luyongbaybay and Lipayran.

Section 8. Zone 4 – Shallow Water Fishing Area. This refers to the area reserved for shallow water fish corrals, stationary lift nets, crab pots, fish pots, and push nets (for catching of anchovy “bilabid”, shrimps “hipon”, and bangus fry during on-season only) and the culture of shell, mussel, oyster, seaweeds, fish and other fishery/aquatic products. Zone four (4) includes specific areas located in Barangays Atop-atop, Tamiao, Sillon, Baigad, Kabac, Patao, Baod, Guiwanon, Bantigue, Sungko, Oboob, Suba, Sulangan, Botigues, Hilotungan, Doong, Luyongbaybay and Lipayran.

Section 9. Zone 5 – Marine Protected Areas (MPA) and/or Fishery Reserve, Refuge and Sanctuaries. This refers to the areas technically and viably reserved for the establishment of fish/marine sanctuaries pursuant to Sec. 80 & 81 of the Republic Act 8550. The concerned LGU in consultation with the MFARMC must allocate, establish, and declare a Marine Protected Area and/or Fishery Reserve, Refuge and Sanctuaries where all kinds of fishing activities shall be prohibited in the core zone or no-take-zone except for educational, research, and/or special management purposes.

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Provided, that a buffer zone thereafter is declared 300 meters distance away from the boundary of main buoys surrounding the core zone, where fishing activity in the buffer zone may be allowed like, but not limited to fish pots, single hook & line, crab net, shell gathering, sea farming, and seaweed culture.

Among others; the coral reefs in the municipal water area of barangays Atop-atop; Tamiao; Sillon; Baigad; Bantigue; Botigues; Doong; Luyongbaybay; Patao; Panitugan, Sulangan; Guiwanon; Baod; Binaobao; Oboob; Kabac; Lipayran; and Hilotongan were declared as the Bantayan Integrated Fishery Reserve, Refuge and Sanctuaries (BIFRRS) with an estimated total area of ____ hectares having an specific boundaries and coordinates in the core zone area as follows:

Bantayan Integrated Fishery Reserve, Refuge and Sanctuaries (BIFRRS)

No

Particulars COORDINATESDistance

(meter or NM)Location/

Barangay & Year Establish

Core Zone Area

(Hectares)

Points (from)

boundary

Latitude (North)

Longitude (East)

1 Atop-atop 199675.0

1

2 Tamiao 1996234

3 Bantigue 1992 10.0 1 110 10’ .807" 1230 42’ .425” 200m2 110 10’ .832" 1230 42’ .141” 500m3 110 11’ .302" 1230 42’ .127” 500m4 110 11’ .300" 1230 42’ .376” 200m

4 Botigues 1997 05.0 1 110 06’ 15.0" 1230 40’ 30.0” 500m2 110 06’ 04.0" 1230 41’ 00.0” 100m3 110 06’ 15.0" 1230 41’ 03.5” 100m4 110 06’ 24.0" 1230 40’ 45.0” 500m

5 Doong 1997 10.0 1 110 04’ 30.0" 1230 37’ 37.5” 200m2 110 04’ 30.0" 1230 37’ 45.0” 500m3 110 04’ 48.6" 1230 37’ 45.0” 500m4 110 04’ 48.6" 1230 37’ 37.5” 200m

6 Luyongbaybay 1997

10.0 1 110 04’ 00.0" 1230 38’ 22.5” 200m

2 110 03’ 52.5" 1230 38’ 30.0” 500m3 110 04’ 07.5" 1230 38’ 52.5” 500m4 110 04’ 21.5" 1230 38’ 44.7” 200m

7 Patao 1998 10.0 1 110 13’ 45.6" 1230 40’ 31.0” 200m2 110 13’ 50.4" 1230 41’ 48.0” 500m3 110 13’ 58.2" 1230 41’ 34.0” 500m4 110 13’ 53.5" 1230 40’ 22.0” 200m

13

Bantayan Integrated Fishery Reserve, Refuge and Sanctuaries (BIFRRS)

No

Particulars COORDINATESDistance

(meter or NM)Location/

Barangay & Year Establish

Core Zone Area

(Hectares)

Points (from)

boundary

Latitude (North)

Longitude (East)

8 Panitugan, Sulangan 1996

20.0 1 110 07’ 00.0" 1230 42’ 15.0” 200m

2 110 06’ 45.0" 1230 42’ 22.0” 1000m3 110 06’ 45.0" 1230 42’ 29.0” 1000m4 110 06’ 30.0" 1230 42’ 18.0” 200m

9 Guiwanon 2000 20.0 1234

10 Baod 2002 20.48 1 110 12’ .065" 1230 41’ .800” 320m (.200NM)

2 110 11’ .980" 1230 41’ .531” 640m (.400NM)

3 110 12’ .448" 1230 41’ .376” 320m (.200NM)

4 110 12’ .520" 1230 41’ .582” 640m (.400NM)

11 Binaobao 2003 4.064 1 110 09’ .978" 1230 42’ .480” 200m (.125NM)

2 110 09’ .919" 1230 42’ .465” 203.2m (.127NM)

3 110 09’ .923" 1230 42’ .376” 200m (.125NM)

4 110 10’ .100" 1230 42’ .500” 203.2m (.127NM)

12 Oboob 2004 20.48 1 110 08’ .47" 1230 45’ .60” 320m (.200NM)

2 110 08’ .21" 1230 45’ .63” 640m (.400NM)

3 110 08’ .09" 1230 45’ .37” 320m (.200NM)

4 110 08’ .24" 1230 45’ .26” 640m (.400NM)

13 Sillon 2006 15.36 1 110 12’ 38.3" 1230 46’ 25.0” 320m (.200NM)

2 110 12’ 42.5" 1230 46’ 31.5” 480m (.300NM)

3 110 12’ 25.7" 1230 46’ 42.1” 320m (.200NM)

4 110 12’ 22.3" 1230 46’ 33.2” 480m (.300NM)

14 Baigad 2006 Site-#1

5.0112 1 110 11’ 00" 1230 47’ 29” 216m (.135NM)

2 110 11’ 12" 1230 47’ 37” 232m (.145NM)

3 110 11’ 16" 1230 47’ 34” 216m (.135NM)

4 110 11’ 09" 1230 43’ 37” 232m (.145NM)

Baigad 2006 Site-#2

5.0112 1 110 11’ 70" 1230 46’ 88” 216m (.135NM)

2 110 11’ 75" 1230 46’ 96” 232m (.145NM)

3 110 11’ 62" 1230 47’ 34” 216m (.135NM)

4 110 11’ 51" 1230 47’ 95” 232m (.145NM)

15 Kabac 2006 20.48 1 110 14’ 51" 1230 41’ 38” 320m (.200NM)

2 110 14’ 58" 1230 41’ 25” 640m (.400NM)

3 110 14’ 46" 1230 41’ 17” 320m (.200NM)

4 110 14’ 35" 1230 41’ 29” 640m (.400NM)

14

Bantayan Integrated Fishery Reserve, Refuge and Sanctuaries (BIFRRS)16 Lipayran 2006 13.44 1 110 02’ 18.3" 1230 37’ 55.2” 240m (.150NM)

2 110 02’ 37.8" 1230 37’ 44.6” 560m (.350NM)

3 110 02’ 49.7" 1230 38’ 02.6” 240m (.150NM)

4 110 02’ 54.3" 1230 37’ 59.5” 560m (.350NM)

17 Hilotongan 2007? 32.0 1234

Conversión

Formula: meter = Nautical Miles (NM) x 1.609 Km/NM x 1000mhectare = (L x W) / (10000sq.m/Ha)

Section 10. Creation of the Municipal MPA Management Board of Bantayan. The Municipal Marine Protected Area Management Board (MMPAMB) shall be initially created by virtue of an Executive Order or an SB Resolution whose functions is to take charge of the formulation of organizational structures and implementation of the different initiatives geared towards the sustainable management and requirements of MPAs. The compositions of MMPAMB are as follows:

Chairperson - Municipal MayorVice-Chairpersons -(1) SB Chairperson, Committee on Agriculture & Fisheries

-(2) Municipal AgriculturistMembers - MPDC

- Municipal Treasurer- Municipal Budget Officer- Chairman MFARMC- Resort Owner representative- People’s Organization (PO) representative- Punong Barangay (where MPA/Sanctuary is located)

The MMPA Board and its staff may received honoraria and/or meal allowances of Five Hundred but not more than One Thousand Pesos (P500.00 to P1000.00) per month as it may deem necessary subject to all accounting rules and regulations and the availability of funds through the passage of SB resolution.

Provided, that the first appointed personnel that composed the MMPA Board shall serve for a term of not more than three (3) years effective upon assumption of their office. Provided further, that the succeeding officers shall be elected thereafter except for the Municipal Mayor who shall be automatically serve as the Honorary Chairman of the Board of Directors and Honorary Executive Director, following the implementing guidelines duly established by the incumbent Board of Directors.

Section 11. Functions of the MMPA Board - the MMPA Board shall exercise the following functions;

a. Supervision of all marine sanctuaries in the municipality in consultation with Barangay Officials;

b. Promulgate and recommend to the SB internal rules and regulations conforming to the general principles of MPA;

The management of MPAs will be a direct responsibility of the Barangay under which the MPA is located. The MMPA Board and the MAO will perform a supervisory role in its management. The Barangay will have the option to partner with a legitimate NGO or PO provided that the same has officially and formally signified in writing to the MMPA Board their intention to help manage the MPA. The partnership is subject to the approval of the Sangguniang Bayan by a duly approved SB Resolution as an accredited PO or NGO.

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The Barangay will be responsible for the implementation, actual establishment and demarcation of MPAs with the approval of the MMPA Board and SB. The Barangay shall ensure the MPA buoys, markers, posts, guard house, etc. are in proper condition at all times. The Barangay will secure Funds from the Municipal Government through the MAO to finance the establishment of MPA or in any funding institutions.

Section 12. MPA Restrictions, Prohibitions & Implementing Rules

a. All kinds of fishing activities are strictly prohibited within the No Take/Core Zones of the MPAs; Provided however, that activities such as scientific researches or educational studies and limited diving/recreational activities may be allowed after complying all the requirements and regulations implemented by the Municipality and/or the Barangay. The Mayor shall regulate tourism activities in the MPA based on the carrying capacity of the MPA. The MMPA Board in coordination with the Bureau of Fisheries and Aquatic Resources (BFAR) or any academe and research institutions are requested to help conduct a study to establish the carrying capacity of the MPA.

b. Non-emergency passage of motorized watercraft and vessel, except of those used for patrolling and surveillance, shall be prohibited within the No Take/Core Zones of the MPA.

c. Only passive and non-destructive fishing operations shall be allowed in the Buffer Zones. The MAO or the Barangay shall regulate fishing activities based on the Maximum Sustainable Yield (MSY). The MAO in coordination with BFAR or authorized research institution shall conduct a study to establish the MSY.

d. The MMPA Board in consultation with the Barangay is authorized to recommend appropriate rules and regulations for the effective enforcement and implementation of the MPA Management Plan, the same shall be subjected for review and approval of the Sangguniang Bayan. It shall be implemented in the form of an Executive Order to be issued by the Municipal Mayor.

Section 13. MPA Management Plan - A Management Plan and its subsequent revisions shall be formulated by the MMPA Board in proper consultation with the Barangay Officials subject to the approval of the Sangguniang Bayan.

The Plan shall cover the following management concerns:

1. Integrated zoning plan; 2. Fishery regulatory and law enforcement including maximum sustainable yield (MSY) and carrying capacity studies; 3. Human resource, Institutional development or community organizing;4. Research and data-banking development; 5. Support infrastructure development; 6. Aqua-culture project management and development; 7. Eco-tourism development and carrying capacity studies.

13.1 Budget and Appropriation for MPA - The Municipal Government through the OMA shall allocate an annual fund for the over-all implementation of the MPA Management Plan especially the buoys and fuel subsidy for MPA patrol boats in every barangay.

13.2 Direct Income Generated from the MPA - Income directly generated from the MPAs such as, but not limited to, snorkeling and diving user fees will be received by the Municipal Treasury Office (MTO) and assigned as “Municipal MPA Fund”. Tickets will be made available from MTO for the barangays and other accredited resort and tourism establishments.

Funds will be appropriated as follows:

a) 40% will go to the Municipal Government;b) 40% will go to the Barangay; and

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c) 20% will go to partner People’s Organization in the form of a livelihood project consistent with all available laws, rules, and regulations.

Funds received from penalties of arrested violators will form part of the Municipal MPA Fund. Penalties charged from the violators will be allocated as incentive to the informant (in case the arrest was made by the police or government authorities) or the person who has apprehended the violator(s) who initiated the arrest or to the enforcement team (MBD) and fish wardens as provided in Chap. V, Sec. 113.

13.3 Rules and Regulations of MPA Fund Disbursements - The disbursement of the

Municipal MPA Fund will be subject to existing government rules and regulations. The municipal government will have the authority to disburse the said funds but only upon the official written request of the respective Barangay. Materials and services for the establishment and maintenance of MPAs will be purchased by the Municipal Government. Materials will be released to the Barangay for proper custody and use through the issuance of a Memorandum Receipt (MR).

The municipal government through its OMA and Accounting Office shall conduct a surprised spot audit of materials and its application to ensure no part of materials are used in any way except for the establishment/maintenance of the intended MPA. Payment of Services rendered either by private, non-government or PO contractor will be paid directly by the municipal treasury upon submission of legal report (Project Completion Report). Hiring of contractors will be approved by the Municipal Government subject to the recommendation of the Barangay.

13.4 Identification of additional MPAs - The Barangay in coordination with OMA and research academic institution shall identify areas and recommend for the declaration of additional MPAs which is deem necessary for development. This is subject for a technical survey and review of MMPA Board, and approval of the Sangguniang Bayan with the passage of an appropriate ordinance.

Section 14. Zone 6 – Tourism Zone. This refers to areas declared potential and appropriate for tourist destination and development of tourism industries. Zone six (6) includes specific tourism areas like Heritage and Religious sites, Caves, MPAs, and mangrove areas located in Barangays Atop-atop, Tamiao, Sillon, Baigad, Kabac, Patao, Baod, Guiwanon, Bantigue, Sungko, Oboob, Suba, Sulangan, Botigues, Hilotongan, Doong, Luyongbaybay and Lipayran.

Section 15. Zone 7 – Multiple-use Zone. This refers to any available areas in the municipal waters which is presently undeclared for a specific purpose. It shall be considered vacant. It can be develop and utilize for any legal fishery related activities in accordance with all existing laws. It is duly demarcated in maps specified under the CRM or ICM plans.

CHAPTER III UTILIZATION, DISPOSITION, MANAGEMENT, DEVELOPMENT, CONSERVATION, AND ALLOCATION SYSTEM OF FISHERIES

AND AQUATIC RESOURCES IN THE MUNICIPAL WATERS

Section 16. Users of the Municipal Waters - All fishery and coastal related activities in the municipal waters of Bantayan, Cebu shall be for the exclusive utilization and exploitation of its fisherfolks, their cooperatives associations and/or organizations which is duly accredited by the Sangguniang Bayan (SB).

Section 17. Resident Municipal Fisherfolk. Resident municipal fisherfolk, fishermen associations, organizations and cooperatives of this municipality shall have priority to exploit municipal waters and demarcated fishery areas of this municipality .

17

Provided however, the fisherfolks coming from neighboring LGUs maybe allowed to use the coastal and fishery resources in the municipal waters for as long appropriate permits has been secured, subject to the existing national laws, rules, regulations, and local ordinances. Provided further, that the municipality can deny permit to non-resident fisherfolk if proven or certified by any government agency through research studies that the municipal waters is an overfished area or at risk.

Section 18. Registry and Registration of Municipal Fisherfolk and Coastal/Fishery Resource Users. The municipal government through the OMA shall maintain a registry and conduct registration of Municipal Fisherfolk and Coastal/Fishery Resource Users for the purpose of determining priorities among them, regulating and limiting entry into the municipal waters and of monitoring fishing activities and/or other related purposes. Such 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 correctness and completeness of the list. The registration itself is free of charge.

The municipal government, in consultation with the MFARMC shall submit the masterlist (registry of fisherfolks) of priorities for its consideration and formulate the necessary mechanisms for inclusion or exclusion procedures that shall be most beneficial to the resident municipal fisherfolk.

A standard registration form for the Registration of Municipal Fisherfolk and Coastal/Fishery Resource Users shall be adopted with the technical assistance of the Bureau of Fisheries and Aquatic Resources (BFAR). All qualified fisherfolks shall be issued a Certificate of Fisherfolk Registration (CFR). Information on all fishing gear and/or paraphernalia and fishing boat to be used by the applicant shall be provided upon registration.

Provided that all information gathered in the Registry and Registration of Municipal Fisherfolk and Coastal/Fishery Resource Users shall be kept as Confidential Records by the municipality for the protection and preservation of their individual rights unless otherwise a court order is being issued for the released of such documents.

Section 19. Fisherfolk Qualification/Eligibility. Only the municipal fisherfolks/fishermen who meet the following qualification/eligibility and requirements shall be allowed to register:

a) A citizen of the Republic of the Philippines;b) A resident of the municipality for at least six (6) months;c) At least eighteen (18) years of age;d) Duly accomplished the standard Registration Form;e) Secure a Barangay Clearancef) Secure a Community Tax Certificate (CTC)g) Must be directly or indirectly engaged in the gathering, taking, preserving, culturing, and marketing of fishery aquatic products and other fishery related activities.

Section 20. Registry and Registration of Municipal Fishing Boats/Vessels and Fishing Gears. All fishing boats/vessels Three (3) Gross Tons and below, and fishing gears in any make or type shall be registered in the OMA. The registry shall be updated annually for the purpose of establishing homeport, identity of ownership, maritime safety, monitoring, and regulation.

A standard registration form for the Registration of Municipal Fishing Boats/Vessels and Fishing Gears shall be adopted with the technical assistance of the Bureau of Fisheries and Aquatic Resources (BFAR). All registered fishing boats/vessels and their fishing gears shall be issued a Certificate of Number (CN) upon completion of documentary requirement and payment of necessary fees for the release of permit and license.

Provided that all information gathered in the Registry and Registration of Municipal Fishing Boats/Vessels and Fishing Gears shall be kept as Confidential Records by the municipality for the protection and preservation of their individual rights unless otherwise a court order is being issued for the released of such documents.

18

Section 21. Requirement for the Registration of Municipal Fishing Boats/Vessels and Fishing Gears. An applicant for registration of a Municipal Fishing Boats/Vessels and Fishing Gears shall comply first the required qualification and eligibility provided in Section 18 of this ordinance. He/she shall complete and submit the following documents:

a) Duly accomplished the Standard Municipal Fishing Boat/Vessel and Fishing Gear Registration Form at OMA-Fishery Sector;b) Color coding of boat/ vessel;c) Certificate of Admeasurements with corresponding assigned Certificate of Number (CN) of each fishing boat/vessel duly signed by a qualified inspector;d) Photographs of the boat/vessel (front, right & left side) showing the official name of the vessel;e) Photograph of the fishing gear;f) Official Receipt (OR) as proof of payment of corresponding license fees

Section 22. Report of Transfer of Ownership of Municipal Fishing Boats/Vessels and Fishing Gears. Any transfer of ownership of registered Municipal Fishing Boats/Vessels and Fishing Gears shall be reported to the municipal government through the OMA within 15 days after its transfer.

Section 23. Licensing of Fishing Gear. All fishing gear and/or paraphernalia to be used for fishing activities in municipal waters shall be licenses and duly registered with the OMA.

Section 24. Deletion and Cancellation of Fishing Boat/ Vessel and Fishing Gear Registration or Licenses. The fishing vessel/ fishing gears registration shall be deleted or cancelled under the following circumstances:

a) Loss or decay of the fishing vessel/ gear; b) Involvement of the vessel in a marine or maritime incident; c) Transfer of municipal area of operation of that fishing vessel; and d) such other lawful causes.

Under the foregoing circumstances, the owner/ operator of the subject vessel shall immediately inform the Municipal Government.

Section 25. Fishery Licenses, Permits, and Grants - All individuals, association, cooperative, partnership, and corporation that are listed in the registry shall be issued a Fishery License upon securing of all needed requirements and payment of prescribed fees as prescribed on the Municipal Tax Code and this ordinance. It shall be unlawful for any person, cooperative, partnership, association, or corporation to take or catch fish or other aquatic/ marine products by means of fishing boat or vessels three (3) gross tons or less unless provided with appropriate licenses with mayor’s permits. It shall likewise be illegal for any person, cooperative, partnership, association, or corporation to operate fish corals/cages, oyster culture beds, mussel culture

beds, seaweed’s farms, pearl culture, or other aquatic beds or take or catch “bangus” and “prawn” fry and other species of fish, gathering of shells, mollusks, aquarium fishes, or fry of other species for propagation in the municipal waters without first securing a grant or necessary license/permits to operate thereof as provided by law and this ordinance.

Any fishery licenses, permits or grants for that matter may not be issued unless otherwise properly inspected by the Office of the Municipal Agriculture (OMA) or its duly authorize representative and a certification be issued for the legality of its fishing paraphernalia or equipments and the specified location of the supposed area of operation. The fishery license, permit, and grant are strictly personal and non-transferable.

Section 26. Registration and Permit of Post-Harvest Facilities. All post-harvest facilities such as fish drying area/s, fish processing plants, ice plants, cold storage, private fish ports/landing centers and other fishery business establishments must register with and secure permit from the Municipality.

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Section 27. Period of Validity of all Fishery Licenses and Permits. All Fisherfolk licenses and fishing vessel/ gear licenses issued by the Municipal Government shall be valid for a period of one (1) year, renewable annually, upon favorable review and recommendation by the OMA and the MFARMC.

Section 28. Gratuitous Permit. The municipal government may issue gratuitous permits to any government agencies, institutions, NGOs, Academe, or any Research Institutions to explore, produce culture, capture or gather fish of any species and fishery aquatic products within the municipal waters for scientific or educational purposes subject to such terms and conditions which maybe imposed by the OMA and the Mayor. Such agencies or institutions must furnish the municipality a copy of its findings or results.

Section 29. License/Permit Fee General Schedule. The privilege of taking or catching fish in the municipal waters of Bantayan with nets, traps, or other fishing gears, with or without using therefore fishing boats or vessels three (3) gross tons or less shall be granted under the ordinary license permits issued by the Municipal Mayor to any person, cooperative, partnership, association or corporation qualified under Sec. 19, 21, & 32 of this ordinance upon payment of the corresponding license permit fee required therefore on the following kind of Fishing Gear (Such as nets, traps, or other Fishing Gears) used commonly in the locality with capital investment/ cost of not more than P 50,000.00:

GENERAL SCHEDULE OF FISHERY LICENSE & FEEItem No.

Particular Fishing operation/ boat/ vessel gear Annual Minimum Fee

1 Anud, with length of 15 m to 29 m PhP 100.002 Anud, with length of 30 m and above PhP 200.003 Bobo using cyclone wire or chicken wire PhP 300.004 Basnig PhP 500.005 Fish Corrals “Ponot”

a) Less than 3m deep PhP 200.00b) 3 meters or more but less than 5 meters deep PhP 400.00c) 5 meters or more but less than 8 meters deep PhP 500.00d) Use of nylon, mesh wire and the like PhP 400.00e) Pa-ugmad or Labyog and the like PhP 400.00

6 Hook and Line or multiple lines (Panubid) PhP 150.007 Ring Net “Kub-kob” (below 3GT) PhP 2,500.008 Pangitang PhP 300.009 Pahubas and the like PhP 200.0010 Pamawo using nets PhP 300.0011 Pamawo using hook & line PhP 100.0012 Pangugita using spear “sungkit” PhP 100.0013 Fishpots for crabs & fish using bamboo “panggal” PhP 150.0014 Fish attracting device (FAD) “payaw” PhP 200.00

15Surambaw:a) Law-it PhP 2,000.00b) Paligid, with length of 150 m but less than 200 m PhP 1,000.00c) Paligid, with length of 200 m and above PhP 1,500.00b) Paligid, with length of 100 m but less than 150 m PhP 800.00c) Paligid, with length less than 100 m PhP 600.00

16Sunshine:a) With hook and line and high powered lamp PhP 200.00b) With spear/ sungkit & low powered lamp PhP 100.00c) With tied split bamboo and w/ light for biamban PhP 50.00

17 Salibut PhP 100.0018 Takdog PhP 100.0019 Tapsay PhP 100.0020 Shell gathering (non- endangered species) PhP 200.0021 Passive fishing gears using nylon nets or any other kind

of fishnets and fishing activities not specified hereinPhP 200.00

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Fishing boats/ vessels with three (3) gross tons and below are subject to particular registration fee as follows:

Fishing operation/ boat/ vessel gear

Particular Annual Minimum Fee

For non-motorized fishing vessels/boats three (3)Gross tons or less

1. Less than one (1)GT PhP 100.00

2. One (1) GT but less than Two (2) GT

PhP 200.00

3. Three (3) GT PhP 300.00

For motorized fishing vessels/boats three (3) Gross tons or less

1. Less than one (1) GT PhP 200.002. One (1) GT to three (3) GT

PhP 300.00

Provided that the residents of this municipality who have not been granted a license shall be allowed to fish in the municipal waters using hook and line and shell gleaning for their home consumption. Provided further, that the Municipal Mayor shall grant a fishing privileges to resident fisherfolk to gather marine mollusk or other shells thereof in the municipal waters. Provided finally, that they shall not fish within two hundred (200) meters from any fish corrals (Ponot) or artificial reefs under exclusive privilege granted by the Municipal Mayor in accordance with this ordinance or from the core zone of MPA marine/ fish sanctuaries in the municipal waters of this municipality, particularly, the declared reservation zone and duly established marine sanctuaries prescribed in Section 9 & 14 of this ordinance.

Provided lastly, that before the Municipal Mayor grant the permit for the operation of any fishing boat, the said fishing boat shall be subjected to color coding and admeasurements prescribed in Sec. 20 &21 to determine its homeport, exact gross tonnage, and the mess of its fishing nets to be used. License/permit issued under this section shall be valid only for one (1) year in which they are issued.

Section 30. Auxiliary Invoices or Cash Ticket. All fish/fishery aquatic products must have an auxiliary invoice to be issued by the municipal government prior to their transport purposes upon payment of necessary fees.

Section 31. Issuance of Auxiliary Invoice/Permits or Cash Tickets. No person or entity shall be allowed to transport any fish; fishery/aquatic products outside Bantayan, Cebu to any point or destination in the Philippines and/or export without first securing auxiliary permits from the Municipal Treasury Office. Provided; however; that auxiliary permits maybe issued only after payment of corresponding fees; as stated herein or fraction thereof:

Issuance of Auxiliary Permits or Cash Tickets

Item No.

Particular Minimum Rate /Fee

1 Preserved Fish (iced; frozen; salted; dried; smoked; patis; bagoong; etc.)

P15.00/kg

2 Mother of Pearl (MOP); gold lip & black lip P15.00/kg3 Troca Shell; smooth; rough (male/female);

Green snail shell; Kapis shellP15.00/kg

4 Other unclassified shells that are not banned P15.00/kg5 Trepang or beche de mer P15.00/kg6 Dried squid P15.00/kg7 Seaweeds (all species) P15.00/kg8 Salted and Tanned skin of sea snake P15.00/25kg9 Salted and Tanned skin (all species sea reptiles) P15.00/kg10 Bangus fry and sugpo fry P15.00/pot11 All other unclassified marine products that are

not bannedP15.00/10kg

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Section 32. Persons Eligible for Fishing and Fishery Privileges. The following person and/or persons under this ordinance, eligible for fishing and/or fishery privileges:

1. Citizens of the Philippines;2. Resident Municipal Fisherfolks of Bantayan;3. Cooperatives, partnerships, associations, or corporations duly registered or incorporated under the laws of the Philippines, and at least sixty (60) per centum of whose capital stocks belong wholly to the citizen of the Philippines.4. Duly complied the provisions provided in Section 18 & 19 of this ordinance.

It shall be unlawful for a person, cooperative, partnership, association, or corporation not qualified by law or by this ordinance to engage, personally or through other persons, in fishing, catching, gathering or collecting aquatic products in the municipal waters.

SECTION 33. Division and zoning for the utilization of specific fishing gears and activities in the Coastal Areas and Sea beds of the Municipal Waters. The municipal waters within the jurisdiction of the municipality and as provided herein and prescribed in Chapter II, Sec. 5 to Sec.15 (Zone 1-7) shall be subdivided as follows:

Division (Fishing gear/activity)

Location/ Barangay Annual Minimum Bid/Fee

Division - A

For catching or taking “Bangus” fry or kawag-kawag or fry of other species

1. Starting from the coastline of Barangay Obo-ob, Sungko, Sulangan, Botigues, Suba, Luyongbaybay and Doong

PhP 40,000.00

2. From the coastline of barangay Binaobao, Bantigue and Guiwanon

PhP 10,000.00

3. From the coastline of barangay Baod, Patao and Kabac

PhP 20,000.00

4. From the coastline of BarangayBaigad, Sillon, Tamiao and Atop-atop

PhP 30,000.00

This division however, shall not be extended fifteen (15) kilometers from the shoreline or not beyond one & one half ( 1 1/2) meters deep at low tide or which is lesser as the case may be.

Division (Fishing gear/activity)

Location/ Barangay Annual Minimum Bid/Fee

Division - B

For the operation of Oyster culture beds, Seaweeds or other aquatic beds

Starting from the boundary line of Sulangan, Botigues, Doong, Luyongbaybay, Lipayran, Suba, Guiwanon, Baod, Patao, Kabac and from Baigad, Sillon to Atop-atop, a portion of the municipal waters beyond one and one half (1 1/2) meters deep at low tide, extending four hundred meters (400) wide but not more than three (3) meters deep at low tide or which is lesser as the case may be.

PhP 20,000.00

Division - C

For the erection of fish corals “Ponot” and as projects

Extending: 1) Perpendicularly five (5) kilometers 2) Seaward from the boundary line of Barangay. 3) Obo-ob and Brgy. Luyongbaybay 4) Brgy. Hilotongan down to Brgy. Kabac,5) and a line parallel to the general coastline closing from Brgy. Obo-ob to the boundary line of Brgy. Kabac; and Brgy, Baigad to Atop-atop

PhP 20,000.00

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Provided however, that such identified sea beds for fish rearing and culturing activities may not interfere the free navigation and safety of all sea-going vessels and boats which passes their area of operation and shall not be constructed less than two hundred (200) meters from each other with the additional restrictions as follows:

Size of Seaweed Farm Lot

a) For Individual – Not more than an aggregate area of one (1) hectare, provided that only one (1) license shall be issued to a family, either to the husband or the wife unless they are living separately and independently from each other, and provided further, that any other member of the family living independently may also apply for a license.

b) For partnership, associations, corporations, or cooperatives – Not more than an aggregate area of fifteen (15) hectares or much larger area as duly approved by SB.

Section 34. Exclusive Fishing Privileges. The grant of Exclusive Fishing Privileges pursuant to Section 149 of the Local Government Code and Section 17 of R.A. 8550, the privileges to erect fish corrals/ cages; oyster/mussel culture beds; seaweeds farms; pearl culture, or aquatic beds , or take or catch “bangus” fry; gathering of shells; shelled mollusks; aquarium fishes or fry of other species within a definite zone of the municipal water as maybe determined by the OMA and the Barangay Council or their duly authorized representatives with which the said project may be undertaken; shall be considered as exclusives fishing privileges which shall be granted with the preferential rights to duly registered organization and cooperatives of marginal fishermen.

Provided; that in the absence of that organization and cooperative or their failure to exercise their preferential rights; the Sangguniang Bayan may require a public bidding in conformity with and pursuant to an ordinance for the grant of such privileges. The exclusives fishery privileges may be granted by the Municipal Mayor for a period not exceeding three(3) years subject to renewal; upon filing another application for such privileges;

Provided finally; that the exclusives fishing privileges shall include fishing within the territorial jurisdiction of the Municipality of Bantayan. Those fishermen who are residing outside of Bantayan shall be restricted to fish within the waters of Bantayan as defined in Section 16 & 17 of this ordinance.

Section 35. Application for exclusive Fishery Privileges. All applicants for the exclusive fishery privileges shall accomplish and file the prescribed application form at the OMA, who in turn will designate a person to verify/inspect the area and scope of operation of the project and shall forward the same to the Municipal Mayor together with his/her recommendation for action. Such grant/license may be granted only upon payments of the necessary fees.

In the processing of the application, the Municipal Mayor shall satisfy himself that the license applied for will not prejudice public interest and that the portion or area from which an application for lease has been presented is not covered by an existing claimants.

Section 36. Recreational and/or Sport Fishing License. Recreational and/or sport fishing licenses may be issued subject to such terms and conditions as maybe determined and imposed by the OMA, in consultation with the MFARMC and the Municipal Tourism or with the passage of an appropriate ordinance for this purpose. The term of such licenses shall be not longer than thirty (30) days.

Section 37. Issuance of Exclusive Fishing Privilege or Individual Licenses in case where there are no Registered Organization or Cooperatives of marginal fishermen and no bidders opt to lease fishing zones. In the absence of such organizations or cooperative or their failure to exercise their preferential rights and/or after two (2) notices for the grant of exercise fishery rights through public auction; no interested bidders opt to lease any fishing zone within the municipal waters, the Municipal Mayor is authorized to grant the exclusive fishery privileges through the recommendation of the OMA to any individuals upon payment of license fee therefore at the rate not exceeding those fixed hereunder:

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Exclusive Fishing PrivilegesFishing operation/ gear/activity Particular/ Area Annual Minimum

Fee1. Oyster culture beds, mussel culture, seaweed farms or other aquatic beds

Per hectare or fraction thereof

PhP 200.00

2. Fish corrals erected in the sea

Less than 3 meters deep PhP 300.003 meters deep or more but less than 5 meters deep

PhP 400.00

5 meters deep or more but less than 8m

PhP 600.00

8 meters deep PhP 800.008 meters deep or more but less than 10m

PhP 2,000.00

10 meters deep or more but less than 15 meters deep

PhP 6,000.00

3. Operation of Pearl culture Per square meter PhP 100.004. For gathering of shells and/or aquarium fishes

As specified in the License /Permit

2% of its authorized capital

5. For gathering of shell mollusk, sea cucumber “balat,” seaweeds and/or similar products not classified herein

As specified in the License /Permit

PhP 100.00

Section 38. Permit to Anchor and/ or Engaged in Business with Boats. All boats/vessels and any sea crafts as prescribed herein below which is not in the Municipal Registry are permitted to anchor in the municipal waters or ports and may engage in any legal business activities upon complying needed requirements and payment of the following fees:

Anchorage FeeFishing boat/vessel/ sea crafts Minimum Fee/ Rate Minimum #

of days of anchorage

1. Pumpboat with outriggers less than 3GT PhP 25.00/anchor/day Good for 4 days only

2. Pumpboat, vessels, sea crafts 3GT to 10GT PhP 50.00/ anchor/day Good for 3 days only

3. Pumpboat, vessels, sea crafts more than 10GT

PhP 200.00/anchor/day Good for 2 days only

If the pumpboat, vessels, and sea crafts exceed to the given minimum number of days of anchorage in the municipal waters, it shall be charged an additional 10% per day from the minimum fee/rate.

Section 39. User’s Fee for MPAs, Fish Sanctuaries, & Other Tourism Areas. All tourism related businesses but not limited to Dive Shops, Tour Operators, and Travel Agencies must register and accredit at the Municipal Government by virtue of an approved SB resolution.

A) Daily User’s Fee. There is hereby levied daily user’s fee on those MPAs, Fish Sanctuaries, & Other Tourism Areas at the rates prescribed hereunder:

ParticularMinimum rate of User’s Fee/

person/ day1. User’s Entrance Fee to any tourism site PhP 20.00 to PhP 100.00 depending

to the Policy Implemented at site2. Scuba Diving, snorkeling, swimming in the buffer zone

PhP 50.00

3. Scuba Diving, snorkeling, swimming in the buffer zone with still camera alone

PhP 150.00

4. Scuba Diving, snorkeling, swimming in the buffer zone with video camera alone

PhP 200.00

5. Scuba Diving, snorkeling, swimming in the buffer zone with still and video camera

PhP 350.00

All visitors or tourists who are Filipino citizens are entitled to a patrimony discount of Fifty Percent (50%) of the above rates.

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B) Collection & Ticketing System. There must have a systematic ticketing and collection system in all MPAs/Fish Sanctuaries, & Other Tourism Sites properly manage by barangays or the Municipal Tourism. No Ticket No Entry Policy is strictly observed and implemented. Tickets can be secured in advance at MTO or any duly authorized outlets.

C) Free Entry. The Municipal Mayor is given the discretionary power to allow any person for free entry in any sites of MPAs, Fish Sanctuaries, & Other Tourism Areas in as much as the purpose is very beneficial for the improvement and development but shall not hamper the ecosystems of the sites.

Section 40. Time and Manner of Payment of Licenses and Fees. All fees herein imposed shall be paid to the MTO or its duly authorized representatives for the issuance of an Official Receipt (OR) except for fees which are collected daily or per transaction basis.

Section 41. Municipal Concessions and Leases Concerning Fisheries. No lease or concession granted by the Sangguniang Bayan under the authority of an ordinance approved pursuant to paragraph 1, Section 447; paragraph a, Section 458; of the Local Government Code of 1991, concerning fishing and fisheries in streams, lakes, rivers, inland and / or municipal waters shall be valid and enforceable unless reviewed and concurred by the Mayor.

Section 42. Committee on Auction. In cases where there are no registered organization or cooperatives of failure of the same in exercising their preferential rights, a committee on auction is hereby created, composed of the Municipal Treasurer, as Chairman and two (2) members of the Sangguniang Bayan as members and the OMA.

Section 43. Publication of Notice. The Committee on Auction shall advertise notice, sealed bids for exclusive fishery privileges in area or zone of the municipal waters available for erecting fish corals/cages, or operating oyster/ mussel culture beds, seaweeds farms, pearl culture, or other aquatic beds, gathering of shells, shelled mollusk or aquarium fishes, taking or catching “bangus” fry or fry of other species of fish for propagation purposes by posting said notice in a newspaper publish in the locality, if any, or in conspicuous places in the locality, for a period of not less than fifteen (15) days.

Section 44. Time and Place of Auction. The Sangguniang Bayan shall, in a resolution, provide for a notice calling for a sealed bids for the exclusive fishery privileges granted under section 149 of the Local Government Code of 1991, specifying under the time and place of the auction, the amount to be deposited before any exclusive fishery privileges is granted and the bond guarantee of good faith and for satisfactory compliance with the terms and conditions of the lease or grant. The bond shall be in cash and shall not exceed one (1) year rental.

CHAPTER IVCREATION OF THE MUNICIPAL FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCIL (MFARMC), AND

THE CREATION OF THE MUNICIPAL BANTAY DAGAT (MBD) AND FISH WARDEN TASK FORCE

Section 45. Creation of the Municipal Fisheries and Aquatic Resources Management Council - The MFARMC shall be created in the municipality and shall serve in an advisory capacity to the municipal government as provided in Sec. 73 of the R.A. 8550.

Section 46. Functions of MFARMC - The MFARMC shall exercise the following functions:

a. assist in the preparation of the Municipal Fishery Development Plan and submit such plan to the Municipal Development Council;

b. recommend the enactment of municipal fishery ordinances to the Sangguniang Bayan through its Committee on Fisheries;

c. assist in the enforcement of fishery laws, rules and regulations in municipal waters being a deputized Fish Wardens;

d. advise the Sangguniang Bayan issues concerning fishery matters; and

e. perform such other voluntary functions which may be assigned by the Municipal Mayor.

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Section 47. Composition of MFARMC. - The regular member of the MFARMC shall be composed of:

a) representative from the OMA;b) SB, Committee on Agriculture/Fishery of the Sangguniang Bayan;c) representative from the MPDC;d) representative from the MDC;e) representative from the accredited non-government organization; f) representative from the private/business sector; andg) at least eleven (11) fisherfolk/fish wardens representatives, from the composition of:

1. seven (7) municipal fisherfolks2. one (1) fish worker; and3. three (3) commercial fishers.

The MFARMC shall adopt rules and regulations necessary to govern its proceedings and election. Provided, that the Chairman must be elected from and among the eleven (11) fisherfolk representatives. Provided further that the incentive or meal allowance of the MFARMC members during the official conduct of their mandated responsibilities shall not less than Five Hundred Pesos (P500.00), but not more than One Thousand Five Hundred (P1500) per month with proper approval of the SB through an approved SB Resolution. Provided finally, that the incentive and meal allowance fund disbursement of MFARMC shall be subject to the availability of funds and pass the necessary existing government accounting rules and regulations through the Municipal Treasury Office.

Section 48. Creation of the Municipal Bantay Dagat Task Force and Fish Wardens . The (MBD) Task Force and Fish Warden is hereby created and shall serve as the implementing arm of the municipal government through the direct supervision and control of the OMA in the strict enforcement of fishery laws, rules and regulations as mandated in RA 8550 and this ordinance.

Section 49. Functions of the MBD and Fish Warden- the MBD Task Force and Fish Wardens shall exercise the following functions;

a. undertake an intensive seaborne patrol operation in the municipal waters at least two times a week;

b. coordinate and assist the municipal government in the eradication of illegal fishing activities in the municipal waters; and

c. enforce strictly and honestly all fishery laws, rules and regulations.

Section 50. Composition of MBD - The regular member of the MBD task force composite team shall be :

a) At least three (3) personnel from the Fisheries Sector/OMA;b) At least two (2) regular personnel from the Philippine National Police (PNP);c) At least One (1) officer from the Philippine Coast Guard (PCG) optional; andd) At least One (2) representative from the MFARMC or Fish Wardens in every specific

barangay where the patrol operation is to be conducted.

Provided, that the incentive/meal allowance of the MBD Task Force and fish wardens during the conduct of intensive seaborne patrol operation shall be not less than One Thousand Pesos (P1000) but not more than One Thousand Five Hundred (P1500) per month with the proper approval of the SB through an approved SB Resolution. Provided finally, that the incentive and meal allowance fund disbursement of MBD shall be subject to the existing government accounting rules and regulations through the Municipal Treasury Office.

Provided finally, that in times of emergency the team composition and number of MBD units may vary and increased according to the needs depending to the scope of the situation for immediate respond.

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CHAPTER V PROHIBITION AND PENALTIES

SECTION 51. Fines and Penalties. All fines imposed under this Chapter shall accrue to the Fund of the Municipality unless otherwise specifically provided in this ordinance. The imposition of administrative fines and penalties shall follow the schedule provided below:

i) 1st Offense - P1500.00 per person for every violation committed;ii.) 2nd Offense - P2500.00 per person for every violation committed, and

cancellation of registration, permit or license whichever pertains to the violator;

iii.) 3rd Offense - filing of corresponding charges in court and confiscation of fishing vessel and other supporting fishing paraphernalia as evidence and/or forfeiture of the same in favor of the government as ordered by the court.

Section 52. Fishing Boats three gross tons (3GT) or less. It shall be unlawful for a person, cooperative, partnership, association or corporation to operate fishing boats 3 GT or less without securing the necessary municipal license/permit issued solely by the municipal mayor. The licensed fishing boat shall be Serial Numbered and Color Coded depending in what barangay it came from.

Provided, that a Sangguniang Bayan resolution shall be passed to give further details of the boat color coding system in every barangay.

Section 53. Ban of Fishing with Active Gear. It shall be unlawful to use the following active gears within the Marine Protected Area (MPA) of the municipal waters as delineated in Sec. 32 (a) of this Ordinance and specified in BFAR-FAO No. 201-2000:

1. Trawl (all kinds) ---------------------------- mansuria, galadgad2. Purse seine ---------------------------------- pagulod3. Danish seine -------------------------------- hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot,

patangko, bira-bira, buli-buli, hulahoop, zipper, etc.4. Drive-in-net --------------------------------- paaling/kayakas 5. Round haul seine --------------------------- sapyaw/lawag6. Trammel net ---------------------------------- Triple Net and Double Net

Provided, that other active gear which may be found to be destructive to fisheries and aquatic resources may later on be added to this list through subsequent orders and policies set and promulgated by the Sangguniang Bayan or by the national government.

The owner, operator, boat captain, master of the vessel or leader of the crew who violates this provision shall be prosecuted and penalized under the relevant provision of the RA 8550.

Section 54. Restriction of Baby Trawl and/or Hulbot-hulbot using Fishing Boats 3 GT or less. Baby Trawl and/or Hulbot-hulbot using fishing boats 3 GT or less are prohibited to operate within the municipal waters fifteen kilometers (15 km) limit from the shoreline of municipality of Bantayan.

Section 55. Prohibition in Taking, Catching, Selling, Possessing and Transporting of Gravid Crabs “Bukakahan” (mud crab/blue crab) and gravid siganid “Danggit nga Bihuran”. It shall be unlawful to person, cooperative, partnership, association or corporation to take or catch gravid crabs and gravid siganid in the municipal waters of this municipality or sell, possess or transport the same whether dead or alive.

Section 56. Prohibition in the Taking, Catching, Selling, Possessing and Transporting of Gravid Lobsters ( Pitik-pitik). It shall be unlawful for any person/s to take or catch gravid lobsters in the Municipal waters or to sell, possess or transport the same. Any person who violates this provision shall be liable to pay a fine of P1000 per kilo or fraction thereof and/or imprisonment of one (1) month or both at the discretion of the court.

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Section 57. Prohibition for Crablets. It shall be unlawful for any person to take, catch or gather, buy or sell crablets (Blue Crab & Mud Crabs) less than three inches in size (3 in.) of the Family Portunidae commonly known as “kasag.” A person who violates this provision shall be liable to pay a fine of P500.00 to P2,500.00 and/or imprisonment for one (1) month at the discretion of the court.

Section 58. Banning on the Taking of Catching, Selling, Possession, Transporting of “Sabalo” (Full Grown Bangus or Milkfish). It shall be unlawful to take or catch “Sabalo” in the municipal waters of Bantayan or to sell, possess, or transport the same whether dead or alive. Provided, that the municipal mayor may issue a special permit in favor of the government agency/institution engaged in research work on “sabalo” subject to such terms and conditions as may deem necessary.

Section 59. Banning on the Taking, Catching, Selling, Purchasing, Possessing, Transporting, Collecting, Gathering, Utilizing, Exporting or Disposing of Dolphins, Marine Turtles to include turtle eggs, or any of its by-products, Fish and other Fishery Aquatic Products specified in the Convention on the International Trade of Endangered Species of Flora and Fauna (CITES), and provided for in existing fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau (PAWB) of the Department Environment and Natural Resources (DENR) as specified in R.A. No. 9147, Wildlife Conservation and Protection Act.

No person shall take, catch, sell, purchase, possess, transport, collect, gather, utilize, export or dispose dolphins, marine turtles, turtle eggs or any of its by-products, fish and other fishery aquatic products specified in CITES and PAWB/DENR within the jurisdiction of this municipality.

Section 60. Prohibition in the Catching of Other Fish Breeders/Spawners. It shall be unlawful for any person, cooperative, association, partnership or corporation to catch or deal in sexually matured groupers and seabass and any other fish breeders/spawners during migration and spawning periods. A person who violates this provision shall be liable for a fine of P1000.00 to P2500.00 and imprisonment for six (6) months upon discretion of the court.

Section 61. Regulating the Use of Air Compressor in Fishing. It shall be unlawful for any person, cooperative, partnership, association or corporation to fish in the municipal waters with the use of air compressor (Hoka Diving) underwater fishing. Provided, that this prohibition shall not apply to the gathering of fish, marine mollusk or any other shells thereof, duly license by the municipal mayor and as per Item No. 21 Specified in the General Schedule of License Fees under Section 29 & 31 respectively.

Provided, and in consideration that the OMA has no technical expertise and capability in conducting basic seminar/training for standard techniques and proper usage of Hoka or scuba diving for safety of life, it will be coordinated to other government agencies like DA-BFAR and DENR.

Section 62. Shell Diver’s License. A shell Diver’s License authorizing the holder to use compressor in taking marine mollusks; kapis shells; aquarium fishes or seaweed in the municipal waters maybe issued to any qualified person upon application filed in the OMA and the Municipal Mayor or his duly authorized representative; and upon payment of the required fees under Section 29 & 31 of this ordinance.

Section 63. Regulating the Use of Push Nets in Fishing. The operation of push net “sud-sud” in fishing is strictly prohibited in the municipal waters particularly in the general coastline of any barangay by which the fishing operation is either manually driven or mechanized as defined in Sec. 4(96) using fine-meshed nets.

Section 64. Regulating the Establishment of Pearl Farm/s. No person, partnership, association, corporation or cooperative shall operate or establish pearl farms within the Municipal waters without any permits, license and/or lease agreement with the Municipality.

1) Form and Content of Application for Pearl Farm LeaseApplication shall be accompanied by documents consisting of a Barangay Clearance,

Articles of Incorporation or Partnership, By-Laws and Certificate of Registration in case the applicant is a corporation, association or partnership, and a sketch plan/map of the area applied for.

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2) No permit/license shall be issued unless the area has been certified to have been inspected by authorized OMA representative.

Section 65. Regulating the Used of Fine-meshed Nets. It shall be unlawful to person, cooperative, partnership, association or corporation to fish in the municipal waters with the used of fine-meshed nets as defined in Section 4 (23) of this ordinance. Provided, that this prohibition shall not apply to gather fry and such other fish species which by their nature are small but already mature or in a seasonal basis of the following species of fish:

a) Padas (bangus fry - chanos chanos), sugpo fry (Penaidae), Banak fry (Family Mugilidae), grass eels and elvers (Family Angilidae), and hipon (Family Gobilidae).b) Marine Aquarium/Ornamental Fishes; andc) Other fish species which by their very nature are small but are already matured such as but not limited to anchovies, alamang (Acetes sp.), tabios or sinarapan (Mystichtys luzonenses), dilis (Family Engraulidae), dulong (Vivora sp.).

Section 66. Regulating the Taking, Selling, Purchasing, Possessing, Transporting, Collecting, Gathering, Utilizing, Exporting or Disposing of Marine Aquarium/Ornamental Fishes.

It shall be unlawful to any person, group, association, or cooperative to take any species of Marine Aquarium/Ornamental Fishes in the municipal seawaters of Bantayan, Cebu without the necessary permit or license or with the use of poisonous and obnoxious substances that destroy the corals and marine habitat. Provided further, that the licensee of Marine Aquarium/Ornamental Fishes must be a resident of the municipality and a duly registered fisherfolk.

Section 67. Regulating the Utilization and Culture of Seaweed. Farming, collection, disposition and processing of seaweeds is subject to permits and/or licenses as provided under Sec. 33 of this ordinance.

It shall be unlawful to any person, group, association, or cooperative to take any species of Seaweeds in the municipal seawaters of Bantayan, Cebu without the necessary permit or license especially the taking and cutting of live seaweeds that grows in the wild.

Provided, that this regulation shall not apply to those seaweeds species that are wash out in the seashore and those wild seaweeds that are utilize for sustenance human consumption.

Section 68. Regulating the Taking, Selling, Purchasing, Possessing, Transporting, Collecting, Gathering, Utilizing, Exporting or Disposing of Sea Cucumber. It shall be unlawful to any person, group, association, or cooperative to take any species of sea cucumber in the municipal seawaters of Bantayan, Cebu to Take, Sale, Purchase, Possess, Transport, Collect, Gather, Utilize, Export or Dispose Sea Cucumber with body dimension or measurement when fresh is lesser than four inches and average body weight with containing water is lesser than 250 grams.

Section 69. Regulating the Construction of Fishing Boat/Vessel 3GT or less. It shall be unlawful to person, cooperative, partnership, association or corporation to construct motorized or non-motorized Fishing Boat/Vessel 3GT below without securing necessary documents from the MAO and permit from MTO.

The discovery of any constructed fishing boat/vessel without permit or documents shall constitute a prima facie evidence. Violation of the above provision shall be prosecuted and penalized.

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Section 70. Prohibition in the Operation of Commercial Fishing Boats/Vessels in the municipal waters. All fishing activities undertaken by commercial fishing boats/vessels like, purse seine, hulbot-hulbot, “Zipper” or any fishing boats/vessels with more than three Gross Tonnage (3 GT) is prohibited in the municipal waters within a distance of fifteen kilometers (15 km) from the shoreline of all coastal barangays in the municipality. This prohibition includes light boats and other boats used as accessories in its fishing operation.

Section 71. Poaching in Municipal Waters. It shall be unlawful for any foreign person corporation or entity to fish or operate any fishing vessel or fishing activity in the municipal waters.

The entry of such foreign fishing vessel in the municipal waters shall constitute a prima facie evidence that the vessel is engaged in fishing or any fishing activity. Violation of the above provision shall be prosecuted and penalized under Section 87 of R.A. 8550.

Section 72. Prohibition of displacing benthic components such as rocks, corals and other natural fish havens. It shall be unlawful for any person or entity to displace any rocks, corals and other natural fish haven naturally occurring benthic components within the municipal waters for whatever purpose. Mere possession of specialized tools such as bolos, & crowbar (bara), etc., in the municipal waters or on a fishing vessel while in the municipal waters is tantamount to a violation of this provision. A person or entity that violates this provision shall be liable for a fine of P1000.00 to P2500.00 and/or imprisonment for one (1) month upon the discretion of the court.

Section 73. Prohibition of Gleaning and using Destructive Tools. Gleaning or “panginhas” within the municipal waters with the use of whatever tools found destructive to any part of the sea grass beds and corals shall be unlawful for any person or entity.

The fishermen who are caught using or possessing any specialized tools such as bolos, digging bar “bara” etc. while fishing in the municipal waters is tantamount to a violation of this provision. A person or entity that violates this provision shall be liable for a fine of P1000 to P2500 and/or imprisonment for one (1) month upon the discretion of the court.

Section 74. Restriction on Electro-Fishing, Dynamite Fishing, Fishing by Used of Obnoxious and Poisonous Substances. It shall be unlawful for any person to catch, take, or gather or cause to be caught, taken or gathered fish or fishery products/aquatic products in the municipal waters with the use of electricity, use of explosives, or by the use of obnoxious and poisonous substances as defined in Section 4 (paragraph 21, 38 & 39) thereof.

It shall likewise, be unlawful for any person knowing to possess, deal in, sell or any manner dispose of, profit any fish or fishery/aquatic products which have been illegally caught, taken or gathered.

The discovery of dynamite, other explosives, and/or chemical compounds containing combustible elements, or obnoxious and poisonous substances, or equipment or device for electric fishing in any fishing boat or in the possession of fisherman shall constitute a presumption that the same were used were used for fishing in violation of this ordinance and other applicable laws, and the discovery in any fishing boat of fish caught or killed by the use of explosives, obnoxious or poisonous substances or by electricity.

Violation of the above provision shall be prosecuted and penalized under Section 88 of R.A. 8550.

Section 75. Use of Formalin and other chemical preservatives. It shall be unlawful for any person to use formalin and other chemical preservatives in preserving fish and fishery/aquatic products or any manner in order to maintain fish physical quality and artificial freshness which are intended for human consumption; to sell or any manner dispose of or any profit any fish or fishery/aquatic products which have been contaminated with formalin or other chemicals used as temporary preservatives for fresh fish..

Violation of the above provision shall be prosecuted and penalized under Section 88 of R.A. 8550.

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Section 76. Ban on Certain Fishing Gears and Fishing Methods. The Sangguniang Bayan may, through an appropriate ordinance, ban the use of any specific fishing gears and/or methods may be legitimately used in other areas within the municipal waters, when such ban is necessary to protect the vital habitats of fish and other aquatic species, such as coral reefs and seagrass beds, or to prevent overfishing.

Section 77. Pollution of waters. It shall be unlawful to place; cause to be placed; discharge or deposit; or cause to discharge or deposited; or to pass or place where it can pass; into municipal waters; petroleum; acid; or oil tar; aniline; asphalt; residuary products of petroleum or carbonaceous material or substance; molasses; mining or mill tailings or any refuse; liquid or solid from any refinery; plastics; gas house; tannery; distillery; chemical works; mill or factory of any kind or any sawdust; shavings; slabs edging; or any factory refuse of any substance or materials detrimental to fish or fishery/ aquatic life in which this illegal act shall be prosecuted and penalized under Section 102 of R.A. 8550 and RA 9275.

Section 78. Obstruction to Navigation or Impede the flow and ebb of the tide. Nothing in any section of this ordinance shall be construed as permitting the lessee or licensee to construct fishery structures which will obstruct the free navigation in any seas, stream; river; lake flowing through in adjoining fish pens or fishponds; or impede the flow and ebb of the tide to and from the area. Any construction made in violation thereof shall be removed upon the order of the Municipal Mayor after an ocular inspection and official report from the MPDC and the Municipal Engineer.

Section 79. Fish Landing Points. Every coastal or islet barangay through its Barangay Council shall determine and designate fish landing points where all fishing boats within the jurisdiction of such barangay shall load and unload their catch.

Provided; that all fish landing points established prior to the Effectivity of this ordinance shall considered authorized fish landing points. Provided further; that fish landing points which may in any circumstances warrants be closed if found irrelevant or inconsistent with existing laws.

Section 80. Fish Caught Report. For statistical record purposes; any individual or entity who was obtained a specific fishery grant or license to take; or catch fish in the municipal waters of this municipality shall submit report of monthly fish caught to the OMA not later than the tenth day of the succeeding month. Moreover; the Municipal Government shall authorize the Fishery Officer or his duly authorized representatives to monitor fish landings to record fish species and its corresponding volume/quantity with the assistance and cooperation of a tax collector. Likewise; all fishery and aquatic products being shipped out from Bantayan, Cebu shall be monitored by the same officers in cooperation with the Philippine National Police (PNP) for security purposes.

Section 81. Disposition of Mangrove Area. No person, corporation, cooperative, partnership, organization or groups, shall exploit, utilize and develop Mangrove Areas without the approval of the Sangguniang Bayan and the Municipal Mayor upon the recommendation and /or endorsement of the Municipal Agriculture Officer (MAO), and the MFARMC. Those mangrove areas with existing contract with the government (LGU or DENR) or already of private ownership is not covered by this provision. The Municipal Mayor may not issue permit to exploit, utilize or develop old growth mangrove areas.

Section 82. Closed Season. A closed season is hereby established for fish species like: sardines, herrings and mackerels or their larvae, fry or young known locally as “lupoy”, “silinyasi”, “manamsi”, “hasa-hasa”, “bulaw”, “aguma-a” during Closed Season from November 15 to March 15 inclusive of every year in the municipal waters.

Provided, that a “Closed-Season” for the catching, gathering and or collection of different fish and other fishery/aquatic products of resources within the municipal waters shall be strictly observed based on approved laws, rules, regulations and policies duly promulgated, enacted, established by the Sangguniang Bayan and or as determined by the national government agencies and or research institutions;

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Provided further, that a “Closed Season” for the following species: rabbit fish (Danggit); blue crabs (Kasag); scallops and other shellfishes may be established by the Sangguniang Bayan as recommended by appropriate research institutions/agencies.

Section 83. Fishing During Closed Seasons. It shall be unlawful for any person, associate or corporation to kill or catch or cause to kill or catch or take from those water/ waters, purchase, sell, offer or exposed, or have in his possession or under his control, any sexually mature fish or to engage in fishing in any area where closed season has been declared and stipulated under Chapter IV, Section 82 of this ordinance. All persons including members of the crew who violate this provision shall be liable for a fine of P500 to P2500, each and/or imprisonment for six (6) months at the discretion of the court.

Section 84. Temporary Bans and Closures of Specified Seawater Areas in Case of Emergencies. The Municipal Mayor may temporarily, by means of executive order, ban the taking of any species, impose a closed season, or declare an area closed to fishing, in exceptional cases where, based on best available information, a clear and present danger exists that continued fishing will result in serious harm and danger to the public health, or damage to the fish habitat and/or coastal environment.

Provided, that such ban or closure shall be effective for not more than sixty (60) days or as the case may be after properly disseminated or broadcasted in all media outlets; Provided however, that within fifteen (15) days of the beginning of the ban or closure, the SB shall convene a special session to determine the factual basis for imposition of the ban or closure shall be lifted, upheld, or extended for such time period as may be necessary to protect the public or the marine environment. Such action shall be expressed by means of SB Resolution for the purpose; Provided further that should the SB deem it necessary to make the ban or closure permanent, the same shall enact an appropriate ordinance.

Section 85. Violation of Temporary Ban or Closures of Sea water Areas. It shall be unlawful for any person to engage in any fishing activity in violation of a temporary ban or closures of specified sea water areas duly declared by the Municipal Mayor. All persons including members of the crew of a fishing vessel/boat who violate this provision shall be liable for a fine of P500 to P2500, and/or imprisonment for six (6) months upon the discretion of the court.

Section 86. Ban on Specific Fishing Gears and Methods. The Sanggunian Bayan may, through an appropriate ordinance, ban the use of any specific fishing gears and/or methods legitimately used in other areas within the municipal waters, when such ban is necessary to protect the vital habitats of fish and other aquatic species, such as coral reefs and seagrass beds, or to prevent overfishing.

Section 87. Catch Ceiling Limitations. The Sangguniang Bayan in consultation with the MFARMC, the BFAR and any other research institutions may prescribe limitations or quota on the total quantity of fish species captured, for a specified period of time and specified area on the best available evidence. Such a catch ceiling may be imposed per species of fish whenever appropriate and practical.

Section 88. Establishment of Fish Corrals (Ponot). No person, partnership, association, corporation or cooperative shall erect, construct, establish and operate fish corrals within the Municipal waters without permits or license by the Municipality.

Section 89. Establishment of Oyster and Mussels Beds/Farm. No person, partnership, association, corporation or cooperative shall gather or culture oyster and mussel within the Municipal waters without permits or license issued by the Municipality.

Section 90. Preferential Right of Application. The following rules shall be observed in determining the priority of applications:

a) Duly registered organizations and cooperatives of Municipal fisherfolk shall have the preferential right;

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b) When two (2) or more applicants applied for the same area which is unoccupied and unimproved, the first applicant shall have the right of preference thereto;c) A bona fide resident of an area where the seaweed, pearl farm and or any aquatic bed is located, who is a registered Municipal fisherfolk shall have the absolute right of preference to occupy the said area.

Section 91. Duties and Obligations of Permittee/ Licensee. The duties and obligations of permittee / Licensee are as follows:

a) To introduce improvements in the area within one (1) year from the date the permit or license was issued; b) To pay promptly. Failure to pay shall subject the permittee/licensee to the corresponding surcharge as provided in this Ordinance;c) To keep records of transactions in connection with the permit;d) To submit annual project development report to the Municipal Mayor, through MAO and to make open their financial statement to the Municipal Treasurer for taxation purposes; e) To allow duly authorized representative of the Municipal Government to inspect all the records required in connection with the operation of the area applied; f) To give priority to the residents within the area when hiring workers; g) To assume or accept responsibility in protecting the area against deleterious methods of fishing and to report to the Municipal Mayor or to the authorities concerned, any person found committing any illegal fishing within or adjacent the area covered by the permit/license;

h) The licensee/permittee shall not enter into a sub-contract over the area or any portion covered by the license/permit; and i) To vacate the area or any portion covered by the permit or license upon its expiration or cancellation.

Section 92. Unlicensed Fishery Activities. It shall be unlawful for any person, whether natural or juridical, to engage in any fishing activity or operate any fishing vessel within the Municipal waters without a license or permit issued by the Municipal Mayor as defined in Sec. 25 & 27 of this ordinance. A person who violates this provision shall be liable for a fine of P1000 to P2500 and/or imprisonment for two (2) months at the discretion of the court. If the operator of the offending vessel is a juridical person, the penalty shall be imposed upon the president or the chief executive chief operation officer or managing partner.

Section 93. Violation of the Terms and Conditions of a License/Permit. Any person, whether natural or juridical, to whom a fishing license/permit has been issued shall comply strictly with the terms and/or conditions thereof. Violation of any of such terms and/or conditions by the licensee/permittee shall after due administrative investigation by the OMA result in the revocation and/or cancellation of the license or permit. Should the licensee or permittee continue to engage in the activity after the revocation and/or cancellation of his license or permit, he/she shall be liable to pay a fine of P1000 to P2500 and/or imprisonment of one (1) month upon the discretion of the court.

Section 94. Commercial Fishing within Municipal Waters. It shall be unlawful for any person or entity to engage in any commercial fishing in the Municipal waters. A person who violates this provision shall be prosecuted and penalized under the relevant provision of this ordinance and RA 8550.

Section 95. Fishing within Municipal Waters by a Vessel Not registered with the Municipality. It shall be unlawful for any person not duly registered with the Registry of Municipal Fisherfolk and Fish Workers of their respective municipalities or engage in any kind of fishing activity within the municipal waters. A person who violates this provision shall be liable for a fine P2500 per person/officer/fishing crew, and/or imprisonment of one (1) month at the discretion of the court.

This Section shall be prosecuted also under the other applicable provision of this Ordinance and/or Republic Act 8550.

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Section 96. Failure to carry License for Commercial Fishing Vessel. Failure of the licensee or permittee or boat master or boat captain to carry appropriate license on board fishing vessel, shall render the offender liable for a fine of P500.00 to P2500.00 and/or imprisonment for two (1) month at the discretion of the court.

This Section shall be prosecuted also under the other applicable provision of this Ordinance and/or Republic Act 8550.

Section 97. Fishing within MPA or Fish Sanctuary. It shall be unlawful for any person to engage in fishing in any fish sanctuary within the Municipal waters. All persons including members of the crew who violate this provision shall be prosecuted and penalized under Section 96 of the RA 8550.

Section 98. Destruction, Gathering, Transporting and Trading of Corals. It shall be unlawful for any person or corporation to collect, gather, harvest, transport sell and/or cause damage or destroy ordinary, precious and semi-precious corals. Except for research, scientific and education purposes which are best beneficial to the environment where special permit shall be issued by the municipal mayor.

Possession of corals shall constitute prima facie evidence that the person in possession has collected, harvested, transport and intended to sell the coral in his/her possession in violation of this provision and shall be liable to indemnify the Municipality the amount of P1500.00 for every square meter of damaged corals or for very kilogram of illegally possessed/collected corals whichever is higher. The municipal government shall ensure the violators will further be prosecuted and penalized under the relevant provision of the RA 8550.

Provided, that possession and transfer of corals are allowed only for research, conservation and educational purposes.

Section 99. Unlawful Sale or Possession of Illegally Caught Fish. It shall be unlawful for any person to poses or engage in trading of any fish that have been caught by the use of explosives, or obnoxious substances. The violator shall be administratively liable to pay an indemnity to the Municipality in the amount of P 250.00 for every kilogram of illegally caught fish found in his possession. The municipal government shall ensure the violators will further be prosecuted and penalized under the relevant provision of the RA 8550.

Section 100. Construction of Fish Pens, Cages, and Traps in Prohibited Areas. It shall be unlawful for any person to construct fish pens, cages, fish corrals, filter nets or traps inside the designated zone or in a manner which obstructs safe and convenient navigation, the flow and ebb of tides, or the migration paths of fish and aquatic species during breeding and spawning season. Violators of this provision shall be administratively liable to pay indemnity to the Municipality in the amount of P500 to P2500 for every day that the fish pen, cage, or trap remains in the Municipal waters after due notice and demand to remove.

A fish pen, cage, or trap constructed or deployed in violation of this section may be removed or demolished by the order of the Municipal mayor for being a public nuisance, after due notice and demand to the owner or operator thereof to voluntarily remove or demolish the same within fifteen (15) days from receipt of the notice. This shall be without prejudice to subsequent prosecution, and reimbursement for expenses incurred by the municipal government in removing or demolishing the prohibited structures.

Section 101. Other Destructive Fishing Practices within Municipal Waters. The use of other fishing gears and methods, or any other practices which cause extensive damage to fish or marine habitat, or indiscriminately kill fish and aquatic species, such as, but not limited to any of its variations like; the use of “sosa”, naphthalene balls, “tubli”, “lagtang”, cyanide and other chemical derivatives; and the like are prohibited in municipal waters.

Subsequent to the Effectivity of this Ordinance, the MAO shall within six (6) months thereafter recommend, to the Municipal Mayor and the Sangguniang Bayan, based on the available information and research, what fishing gear’s methods, or practices that are to be considered destructive and not allowed within the Municipal waters.

Violators of this section shall be administratively liable to indemnify the municipality in the amount of P1500.00 to P2500.00 each person and imprisonment for three (3) months which ever is applicable. The municipal government shall ensure the violators will further be prosecuted and penalized under the relevant provision of the RA 8550.

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Section 102. Non-compliance with Color-Coding and Identification Scheme. It shall be unlawful for a duly licensed fishing vessel not to comply with the prescribed color-coding and vessel identification scheme of the Municipality. The vessel owner and the captain or master of the vessel shall be jointly and solidarity liable to indemnify the Municipality in the amount of P500. The license of the vessel shall likewise be subject to immediate revocation whenever necessary and appropriate.

Section 103. Abandonment of fishing Vessel, Gear, fishing paraphernalia, or any aquaculture/mariculture facility. It shall be unlawful for any person to intentionally abandon his/her fishing vessel, gear, fishing paraphernalia, or any aquaculture/mariculture facility, in the municipal waters for any reason other than force majeure. The violator of this provision shall render payment of expenses to the municipality for towing of the fishing vessel and recovery or removal of the abandoned gear or facility.

An abandoned fishing vessel, gear, aquaculture or mariculture facility may be removed or demolished by the Municipal Mayor for being a public nuisance, after due notice and demand to the owner or operator thereof to voluntarily remove or demolish the same within fifteen (15) days from receipt of the notice and demand.

The abandoned item will be kept in the custody of OMA and notice will be posted informing the public that said item with particular description has been left and found. Failure to claim after 30days will lead to permanent confiscation in favor of the Municipal Government. The owner/operator of Abandonment of fishing Vessel/Gear or facility shall pay the charges of P100 per day for its storage and upkeep payable to the MTO.

Section 104. Prosecution under National Law. Where a person commits an act or omission which is punishable under the provisions of both this Ordinance and the Fisheries Code (RA 8550) or other national laws, the appropriate complaint shall be filed before the investigative and prosecution offices of the government and the offender may be prosecuted for as many offenses as may arise from the same act or omission, unless the defense of double jeopardy becomes available and is raised in the proper time and at the proper forum.

Section 105. Injunction as Part of Penalty. Where a person is convicted in court of any offence under this ordinance, in addition to any punishment imposed, the court may, having regard to the nature of the offense and the circumstances surrounding its commission, make an order containing any one or more of the following prohibitions, directions or requirements:

a) Prohibiting the person from doing or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offense; b) Directing the person to take any action the court considers appropriate as remedy to avoid any harm to any fish, fishery or fish habitat that resulted or may result from the commission of the offense;

c) Directing the person to pay the Municipality an amount of money as compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Municipality as a result of the commission of the offense; d) Directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order; e) Directing the person to post a bond or pay to the court an amount of money in which the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction, or requirement of the order; f) Requiring the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and or preventing the person from repeating the offense or committing other offenses.

Section 106. Disposition of Illegally Caught Fish. Any fish caught in violation of any provision of this ordinance shall be immediately confiscated and properly recorded for evidentiary purposes in any proceeding arising from the illegal act. The offender shall be entitled to the issuance of certifications, official receipt, or other legal documents for the confiscated fish.

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Provided however, that the said fishery products caught by fishing boat engaged in illegal fishing activity or in the public wet market shall be disposed by the municipal government to any charitable/research institutions, penal colony and the like.

Section 107. Illegal Use of Superlights. It shall be unlawful to engage in fishing with the use of Superlights regardless of wattage in the municipal waters. The offender shall pay a fine in the amount of P2500 each person/officer/fishing crew and/or imprisonment for six (6) months upon the discretion of the court. The municipal license or permit issued to the offender and the offending vessel shall be cancelled and/or revoked after due notice and hearing in an administrative proceeding as provided in this Ordinance.

Section 108. Fishing or Taking Endemic and Endangered Species. It shall be unlawful to fish or take giant clams (Tridachna sp.), dugong, hawksbill sea turtles or other endemic species as defined in Chapter I, Sec. 4(22) of this Ordinance. The offender shall be prosecuted and penalized under the applicable provisions of RA 8550 and RA 9147.

Section 109. Collection and Gathering of other Fishery/Aquatic Products. It shall be unlawful for any person to engage in the collection or gathering of any fishery/aquatic products for sale or for commercial purposes by the use of any means, without a permit or license issued by the Municipality unless it is utilize for sustenance home consumption. Violation of this provision shall pay an indemnity to the Municipality in the amount of P2000 and to suffer imprisonment for three (3) months.

Provided, that the taking or gathering of any species of starfish for sale and for commercial purposes shall be strictly prohibited in the municipal water. Those starfish utilized as bait by registered fisherfolk who are using fish pots in fishing shall be exempted on this restriction or regulation.

Section 110. Seizure, Confiscation, Impounding of Fishing Boat/Vessel and Fishing Gears. Any fishing vessel or gear used in committing a violation of this Ordinance shall be impounded pending resolution of the administrative investigation and/or criminal proceedings against the offender. The offender shall be issued an official receipt for the items impounded, and shall bear the costs of storage and upkeep of the vessel and/or gear while it is in impoundment. Said vessel shall be released only upon order of the court provided that the costs of storage and upkeep, and security bond in the amount of fair market value of such vessel or gear, are paid or deposited in the Municipal Treasurer’s Office. The owner shall be given ample time to answer for any administrative sanctions or indemnity that may be imposed.

Provided, that items which are inherently illegal, such as dynamite, noxious and poisonous substances, and electro fishing gear, among others, shall be deposited with the PNP and released or disposed of only upon lawful order of the court before which the criminal case is pending.

Section 111. Restrictions of Licenses and Permits. License and permits issued or contracts executed under this ordinance shall contain provision as maybe appropriate to the effect:

a. No fishing shall be allowed within the distance of two hundred (200) meters from established Artificial Reefs or Fish Shelters and the like. However, exclusive grantee or licensee of fish shelters can fish within their respective fish shelters using non-destructive fishing gears.

b. No fish coral shall be constructed within Two Hundred (200) meters from another fish corral in marine waters.

c. Nothing in the license shall be construed as permitting the lessee or licensee, grantee or permittee, to undertake any construction which will restrict the free navigation in any stream/lake, rivers or marine areas of the Municipal Waters 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 privileges.

d. The licensee agrees unconditionally to comply with all the laws, decrees, rules and regulations governing fishing and fisheries now or may later be promulgated.

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e. The licensee assumes responsibility of all acts of his agents and employees or the contractors connected with his fishing operation.

f. Failure to pay and/or file a bond when due as prescribed in the permit, license, contract or lease shall be sufficient ground for the cancellation of the license, permit, lease and contract.

g. Restriction on Berthing Place – No fishing boat/banca shall berth in any other place except in the designated ports, berthing place, or fish landing points.

Provided, that the fish corrals bunt (Bunoan or Bulsa) shall be entirely opened during closed season period or periods established in this ordinance or by the DA/BFAR for the passage of fish to enable a considerable number to reach to spawning grounds. If the fish was catch within three (3) days before and three (3) after Full moon and new moon, they shall remain in the bunt and ought not to be hauled by fishermen until such gravid fish can spawn or released the eggs.

Provided, that in the part of gill net (Si-og) fishing shall be allowed only 3 kilometers away from the shoreline of any islands and islets within the municipality of Bantayan.

Section 112. Obstruction to fishery Law Enforcement Officer. It shall be unlawful for any person to obstruct, hinder, or prevent the performance of duty by any duly deputized fishery law enforcement officer of the Municipality as provided herein. “Violation of this provision shall render such person liable to a fine in the amount of P500.00 to P2500 and/or imprisonment for two (2) months. The municipal government shall ensure the violators will further be prosecuted and penalized under the relevant provision of the RA 8550.

Section 113. Compromise. With the discretion of the Municipal Mayor in any stage of the proceeding; a compromise in any case arising under any provision of this ordinance and acts enumerated hereafter subject to the following schedule of administrative fines or as maybe recommended by OMA maybe compromised by paying the necessary fines enumerated below:

a) That a vessel fishing continuing to fish after the expiration of the license or continuing to fish within sixty (60) days from the date of expiration of the license, the licensee shall pay the ordinary annual license fee in full and therefore shall be fined in a sum not exceeding one hundred pesos (P100) for every month the license remains not renewed.

b) Failure to Submit Report. The owner, master or operators of a fishing boat who fails to submit a required report within thirty (30) days after due date shall be fined in an amount not exceeding fifty pesos (P50.00).

c) Transfer of Ownership or Lease of Fishing Boat to be reported. Any owner of fishing boat who fails to notify the OMA of the sale or lease of the boat to another person within fifteen (15) days after the sale or lease shall be fined in an amount not exceeding two hundred pesos (PhP200.00 ).

d) Vessel engaging in Fishing without License. The owner, master or operator of a fishing boat engaging in fishing operations without a license shall be fined an amount not exceeding two thousand pesos (P2,000) for such month or fraction thereof of operation.

e) Other violations maybe compromised, Provided, that the compromise negotiations are specifically caters only First Offense and Second Offense violations;

Provided further, that the fine shall be in accordance with the penalty set forth herein and do not jeopardize the integrity of this ordinance.

Section 114. Receipts of Penalties through Compromised Fines. All funds derived from Receipts of Penalties through Compromised Fines are automatically appropriated for the operation and implementation of this ordinance in addition to the amount appropriated for the implementation of this ordinance. All penalties through compromised fines shall be automatically deposited as Special Fund and will be made available for the operation and regulations of the fishery industry in the municipality of Bantayan.

Provided, that twenty five percent (25%) of the said compromised fines shall be allocated and considered as incentives to the law enforcers who apprehended those violators in support to the provisions prescribed in Chapter V. Such funds or incentives shall be withdrawn by the apprehending officer through proper accounting procedures. The SB shall pass an appropriate resolution for the implementing rules and procedures of this provision.

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Provided finally, that if such apprehension was done through the barangay councils; the compromised fines and penalties shall be segregated into forty percent (40%) for the incentives of the fish wardens and sixty percent (60%) will be in favor for the barangay in accordance with a duly approve barangay resolution.

Section 115. Appropriation for Law Enforcers and Deputized Fish Wardens. The Sangguniang Bayan hereby appropriates and sets aside the initial sum of Two Hundred Thousand pesos (P200,000) per year for the incentives and other expenses of the Law Enforcers and Deputized fish Wardens. The sum may be increased to such amount as may be requested by the Municipal Mayor and thereafter which can be automatically incorporated in the Annual Appropriation for the succeeding year through the OMA subject to government auditing and accounting procedures.

Provided, that part of this appropriation will be utilized for the cash incentives of those fishermen who continuously support and religiously abide this Municipal Fisheries Code and other environmental related laws. Those fishermen or persons and law enforcers who make exemplary achievements for the conservation, protection and restoration of the marine ecosystems and the natural environment shall receive the Bantayan Excellence Award (Bantayan Excel) to be awarded annually during the municipal night of the town fiesta celebration.

CHAPTER VITRANSITORY AND FINAL PROVISIONS

Section 116. Formulation of Implementing Rules and Regulations (IRR). An Inter-Agency Committee is hereby created to formulate rules and regulations for the effective implementation of this ordinance upon the approval of the Municipal Mayor. Provided, however, that the formulated rules and regulations shall be submitted to the SB for information and guidance. Such implementing rules and regulations shall take effect thirty (30) days after its publication to Local Bulletin/newspaper or to at least three (3) conspicuous places of all coastal and islet barangays.

The Inter-agency Committee shall be composed of the following:

a. Municipal Agriculturist as Chairman; b. Fishery Officer;c. MLGOO;d. Municipal Budget Officer;e. MFARMC Chairpersonf. Representative from the municipal fishermen/fisherfolkg. Municipal Treasurer;h. Chief of Police;i. SB Committee on Agriculture; andj. ABC President

Section 117. Appropriation. The sum of Two Million Pesos (P2,000,000) is hereby appropriated annually for the use in the full implementation of this ordinance.

Section 118. Persons Authorized to Enforce this ordinance and other Fishery Laws, Rules and Regulations. The law enforcement officers of the Department of Agriculture/Bureau of Fisheries and Aquatic Resources (DA/BFAR), the DENR, Philippine Navy (PN), Philippine Coast Guard (PCG), Philippine National Police (PNP), PNP- Maritime Command, MBD Task Force under Chap. IV, Sec. 48-50 of this ordinance and other government law enforcement agencies are hereby authorized to enforce this ordinance and other fishery laws, rules and regulations. Other competent government officials and employees, Punong Barangays, and officers and members of fisherfolk associations, organizations and cooperatives who have undergone proper training on law enforcement and duly appointed by the Municipal Mayor as Deputy Fish Wardens are hereby authorized to enforce this ordinance.

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Section 119. Administrative Investigation. The OMA shall conduct administrative investigations and/or hearings for the purpose of investigation and imposing administrative sanctions and indemnity against any person accused of violation of the provisions of this Ordinance. Such hearing shall be summary and non-litigious in nature, and shall be concluded within fifteen (15) days from the time the case is filed for investigation. Failure to appear at the administrative investigation shall result in the rendition of summary judgment against the offender and the immediate imposition of the administrative sanctions/indemnity against the offender. The decision/judgment shall be in writing and shall immediately be furnished to the offender.

Section 120. Imposition of Administrative Sanctions and Indemnity. Administrative sanctions may be imposed upon the violators of this Ordinance for the purpose of fully or partially recovering the loss in revenue and/or costs incurred by the Municipal Government on account of the violation, and indemnity to compensate for the loss of, damage to, and/or costs of rehabilitation of the fisheries and aquatic resources of the Municipality.

Section121. Mandatory Review. The Sangguniang Bayan shall undertake a review of this Ordinance once in every five (5) years and/or as often as it may deemed necessary, to ensure that all provisions thereof are still relevant and responsive to the current situation.

Section 122. Repealing Clause. Municipal Ordinance No. 08-1999 “The Comprehensive Modified Basic Fishery Ordinance (CMBFO)” and all other fishery ordinances inconsistent with this Ordinance are hereby repealed and modified accordingly.

Section 123. Separability Clause. If for any reason or reasons, any part or provision of this ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby, shall continue to be in full force and effect.

Section 124. Effectivity. This ordinance shall take effect thirty (30) days after its publication and/or posting in three (3) conspicuous places of the Municipality and upon the review and approval by the Sangguniang Panlalawigan of Cebu.

APPROVED UNANIMOUSLY.

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

__________________________SB Secretary

ATTESTED AS DULY ENACTED:

___________________________

(Drafted by: Ceasar M. Morandarte, MENRM-UPOU, October 2010)