province of misamis oriental - salay

Ordinance No. 6 Series of 2016 Page 1

Republic of the Philippines

Province of Misamis Oriental

Excerpts from the Minutes of the 16th Regular Session of the Sangguniang

Bayan of Salay, Misamis Oriental, held at the SB Session Hall on 27 October

2016.

Present:

Hon. Rey Amelito K. Tan - Municipal Vice-Mayor, Presiding

Hon. Dianne Jane L. Galamiton - SB Member

Hon. Glenn D. Zambrano, Sr. - SB Member

Hon. Roy M. Rostata - SB Member

Hon. Canesio G. Tagarda - SB Member

Hon. Imelda C. Deang - SB Member

Hon. Ronnie K. Tan - SB Member

Hon. Lorimer U. Mangay - SB Member

Hon. Ronald S. Cervantes - SB Member

Hon. Gilbert U. Tagarda - ABC President

Absent:

N o n e

ORDINANCE NO. 6

Series of 2016

“ AN ORDINANCE ENACTING THE SALAY COMPREHENSIVE FISHERIES

CODE OF 2016 PROVIDING FOR THE SUSTAINABLE MANAGEMENT,

DEVELOPMENT AND CONSERVATION OF THE MUNICIPAL WATERS

AND ITS COASTAL RESOURCES, HARMONIZING AND INTEGRATING

ALL ORDINANCES PERTINENT HERETO, AND FOR OTHER PURPOSES ”

EXPLANATORY NOTES

WHEREAS, the Philippine Constitution protects and advances the rights of

the people to a balance and healthy ecology in accord with the rhythm and

harmony of nature;

WHEREAS, the Local Government Code of 1991 has devolved the

management of the Municipal Waters and its coastal and fishery resources to the

Local Government Unit;

WHEREAS, the Philippine Fisheries Code of 1998 mandates all coastal

municipalities to enact ordinances that will address the sustainable management,

utilization, development and conservation of the municipal waters and its coastal

and fishery resources;


WHEREAS, it has been well-established that the unregulated method of

fishing of commercial operators and small fisherfolks using unsustainable

methods and practices has led to the depletion of fish stocks and the degradation

of the coastal resources;

WHEREAS, Republic Act No. 10654 which amended the Fisheries Code

of the Philippines (RA 8550) further strengthened the mechanisms to curb illegal,

unreported and unregulated fishing;

WHEREAS, relative to the passage of RA No. 10654 and in view of the

need to ensure the protection of fishery resources and to address the problems

and threats posed by illegal fishing, the Sangguniang Bayan has unanimously

agreed to enact the Municipal Fisheries Code of the Municipality of Salay;

NOW THEREFORE on motion of Hon. Lorimer U. Mangay and

unanimously seconded it was

RESOLVED, as it is hereby resolved by the Sangguniang Bayan of Salay

in session duly assembled to enact:

ORDINANCE NO. 6

Series of 2016

HON. LORIMER U. MANGAY

“ AN ORDINANCE ENACTING THE SALAY COMPREHENSIVE FISHERIES

CODE OF 2016 PROVIDING FOR THE SUSTAINABLE MANAGEMENT,

DEVELOPMENT AND CONSERVATION OF THE MUNICIPAL WATERS

AND ITS COASTAL RESOURCES, HARMONIZING AND INTEGRATING

ALL ORDINANCES PERTINENT HERETO, AND FOR OTHER PURPOSES ”

BE IT ORDAINED BY THE SANGGUNIANG BAYAN IN SESSION

ASSEMLED THAT:

ARTICLE 1

TITLE

SECTION 1. SHORT TITLE- This Ordinance shall be known as the SALAY

COMPREHENSIVE FISHERIES CODE OF 2016.


ARTICLE 2

DECLARATION OF POLICY AND DEFINITIONS

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

Municipality to:

1. Promote conservation and ensure sustainable and equitable utilization of its

coastal areas and resources in conformity with R.A. 8550 known as the

Philippines Fisheries Code of 1998, as amended by Republic Act No. 10654

entitled “An Act to prevent and Eliminate Illegal, Unreported and

Unregulated Fishing”.

2. Ensure for the benefit and enjoyment of the people of Salay, Misamis

Oriental, the judicious and wise utilization, protection, conservation and

management on sustainable basis of its coastal and fishery resources with

the aim of maintaining a sound ecological balance and protecting and

enhancing the quality of the environment.

3. Protect the right of small and marginal fishers in the preferential use of

communal coastal and fishery resources.

4. Allow people full and active participation in the conservation and

management of the costal and fishery resources and promote awareness of

sustainable fishing through appropriate education and training.

5. Provide full support for sustainable fisheries in the municipal waters through

appropriate technology and research, adequate financial support, and

marketing assistance, and other services.

6. Allow the private sector to utilize resources under the basic concept that the

grantee, licensee or permittee thereof shall not only be privileged beneficiary

of the municipality, but also an active participant and partner of the Local

Government Unit in the management, development, conservation and

protection of the fisheries and coastal resources of the municipality.

7. Promote and adhere to the precautionary principle of conservation,

management and exploitation of living coastal and fishery resources in order

to assure the sustainable development of the coastal environment. The

absent of an adequate scientific and technical information should not be

used as reason for postponing or failing to take conservation and

management measures.

SECTION 3. DEFINITION OF TERMS. As used in this ordinance, the following

terms and phrases shall mean :

1. Appropriate Fishing Technology - Adaption of technology, both in fishing

and ancillary industries, that is ecologically sound, locally source-based and

labor intensive.


2. Aquaculture - Fishery operation involving all forms of raising and culturing

fish and fishery resources in fresh, brackish and marine water areas.

3. Aquatic/Coastal Pollution - the introduction of substances by human or

machine, directly or indirectly to the coastal environment which result, or

likely result, in such deleterious effects as to harm living and non-living

fishery and coastal resources; pose potential and/or real hazard to human

health; hindrance to coastal activities such as fishing and navigation,

including dumping/disposal of waste and other marine litters, discharge of

petroleum or residual products of petroleum, and other radioactive, noxious

or harmful liquid, gaseous or solid substances. Deforestation, unsound

agricultural practice such as the use of banned chemicals and excessive use

of chemicals, intensive use of artificial fish feed, and wetland conversion on

which cause similar hazards and deleterious effect, shall also constitute

aquatic or coastal pollution.

4. Aquatic resources - includes fish, all other aquatic flora and fauna and

other living resources of the aquatic environment, including, but not limited to

salt and corals.

5. Artificial reef - any structure of natural or man-made materials placed on a

body of water to serve as shelter and habitat, source of food, breeding area

of fishery species and shoreline protection.

6. Bintol - a bamboo structure which consists of fine meshed nets for catching

uyabang

7. Coastal Area/Zone - is a band of dry land and adjacent ocean space (water

and submerged land) in which terrestrial processes and uses directly affect

oceanic processes and uses and vice-versa; its geographic extent may

include areas with landmark limits of one (1) kilometer from the shoreline at

high tide to include mangrove swamps, brackish water and other areas

within seaward limit of 200 meters and both to include coral reefs, algal flats,

and sea grass bed and other soft bottom areas;

8. Commercial Fishing - the taking of fishery species by passive or active

gear for trade, business or profit beyond subsistence or sport fishing, to be

further classified as such;

9. Small–scale commercial fishing - fishing with passive or active gear

utilizing fishing vessel of 3.1 gross tons (GT) up to twenty (20) GT;

10. Medium-scale commercial fishing - Fishing utilizing active gears and

vessels of 20.1gross tons (GT) up to one hundred fifty (150) GT;

11. Large-scale commercial fishing - fishing utilizing active gears and

vessels of more than one hundred fifty (150) GT.

12. Community Service - means any service or activity that is performed for

the benefit of the community or its institution in lieu of payment of fine

imposed as administrative or criminal penalty.


13. Coral - Hard calcareous substances made up of the skeleton of marine

coelenterate polyps which includes reefs, shelves and atolls or any of the

marine coelenterate animals living in colonies where their skeletons form a


stony mass. They include: (a) Skeletons anthozoan coelenterates

characterized as having a rigid axis of compact calcareous or horny spicules,

belonging to the genus corallium as represented by the red, pink and white

corals which are considered precious corals; (b) skeletons of anthozoan

coelenterates characterized by thorn horny axis such as the antipatharians

represented by the black corals which are not precious nor semi-precious.

14. Coral reef - a natural aggregation of coral, with or without living coral

polyps, occurring in intertidal and sub tidal marine waters.

15. Department - shall mean the Department of Agriculture

16. Electro fishing - the use of electricity generated by batteries, electric

generators and other source of electric power to kill, stupefy, disable or

render unconscious fishery species, whether or not the same are

subsequently recovered.

17. Endangered, Rare and/or Threatened Species - Aquatic plants,

including some varieties of corals an sea shells in danger of extinction as

provided in existing fishery laws, rules and regulations or in the Protected

Areas and Wildlife Bureau of the Department of Environment and Natural

Resources (DENR) and in the conservation of the International Trade of

Endangered Species of Flora and Fauna (CITES)

18. FARMCs - the Fisheries and Aquatic Resources Management Councils

19. Farm-to-Market Road - shall include roads linking the fisheries production

site, coastal landing points and other post-harvest facilities to major market

and arterial road and highway.

20. Fine Mesh Nets - Net with mesh size of less than three centimeters (3 cm)

measured between two (2) opposite knots of a full mesh when stretched or

as otherwise determined by the appropriate government agency.

21. Fish and Fishery/ Aquatic Products – include not only finfish but also

mollusks, crustaceans, echinoderms, marine mammals, and all other

species of aquatic flora and fauna and all other products of aquatic living

resources in any form.

22. Fish cage - refers to an enclosure which is either stationary or floating

made up of nets or screens sewn or fastened together and installed in the

water with opening at the surface or covered and held in a place by

wooden/bamboo posts or various types of anchors and floats.

23. Fish Corral or “Baklad” - a stationary wire or trap devised to intercept

and capture fish consisting of rows of bamboo stakes, plastic nets and other

materials fenced with split bamboo matting’s or wire matting’s with one or

more enclosures, usually with easy entrance but difficult exit, and with or

without leaders to direct the fish to the catching chambers, purse or bags.

24. Fish Fingerlings - a stage in the life cycle of the fish measuring about 6-

13 cm. depending on the species.


25. Fish Fry - a stage at which a fish has just been hatched usually with sizes

from 1- 2.5 cm.

26. Fish Pen - an artificial enclosure constructed within a body of water for

culturing fish and fishery/aquatic resources made up of poles closely

arranged in an enclosure with wooden materials, screen or nylon netting to

prevent escape of fish.

27. Fisherfolk - people directly or personally and physically engaged in taking

and/ or culturing and processing fishery and/ or aquatic resources.

28. Fisherfolk Cooperative - a duly registered association of fisherfolk with a

common bond of interest, who has voluntarily joined together to achieve a

lawful common social or economic end, making equitable contribution to the

capital requirement and accepting a fair share of the risks and benefits of

the undertakings in accordance with universally, accepted cooperative

principles.

29. Fisherfolk Organization - an organized group, association, federation,

alliance or an institution of fisherfolk which has at least fifteen (15) members,

a set of officers, a constitution and by-laws, an organizational structure and a

program of action.

30. Fisheries - refer to all activities relating to the act or business of fishing,

culturing, preserving processing, marketing, developing, conserving and

managing aquatic resources and the fishery areas, including the privilege to

fish or take aquatic resource therefore.

31. Fisheries Observer - refers to a person duly authorized by the Philippine

government or under a Regional Observer Program of the RFMO, to collect

scientific, technical or fishing-related data, information that may be required

by the government or the RFMO and/ or in compliance to conservation and

management measure.

32. Fish Pond - a land- based facility enclosed with earthen or stone material to

impound water for growing fish.

33. Fishing Vessel/Gear License - refers to a permit to operate specific types

of fishing vessel/gear of specific duration in areas beyond municipal waters

for demersal or pelagic fishery resources.

34. Fishery Management Areas - a bay, gulf, lake or any other fishery area

which may be delineated for fishery resource management purpose.

35. Fishery Operator - one who owns and provides the means including land,

labor, capital, fishing gears, and vessels, but does not personally, engage in

fishery.

36. 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 may be restricted.


37. Fishery Reserve - a designated area where activities are regulated and set

aside for educational and research purposes.

38. Fishery Species – all aquatic flora and fauna including, but not restricted to,

fish, algae, coelenterates, mollusks, crustaceans, echinoderm and

cetaceans.

39. Fishing - the taking of fishery species from their wild state or habitat, with or

without the use of fishing vessels.

40. Fishing Gear- refers to any instrument or device and its accessories utilized

in taking fish and other fishery species.

(a) Active Fishing Gear – is a fishing device characterized by the

pursuit of the target species by Towing, pushing the gears,

surrounding, covering, dredging, and scaring the target species to

Impoundments; such as, but not limited to, trawl, purse seines,

Danish seines, paaling and drift Gill net.

(b) Passive Fishing Gear - is characterized by the absence of pursuit

of the target species; such as, but not limited to, hook and line, fish

pots, traps and gill nets set across the path of the fish.

41. Fishing Light Attractor - refers to a fishing aid which employs lights using,

among others, mercury vapor, high pressure sodium vapor, standard

tungsten, tungsten halogen, fluorescent or light-emitting diode, that are

attached to a structure above water or suspended underwater to attract

both, fish and members of their food chain to specific areas in order to

harvest them.

42. 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.

43. Fishing with Explosives - the use of the dynamite, other explosives or

other chemical compounds that contains combustible elements or

ingredients which upon ignition by friction, concussion. Percussion or

detonation of all parts of the compound, will kill, stupefy, disable or render

unconscious any fishery species. It also refers to the use of any other

substances and/ or device which causes an explosion that is capable of

producing the said harmful effects on any fishery species and aquatic

resources and capable of damaging and altering the natural habitat.

44. Fishing with Noxious or Poisonous Substances - the use of any

substances, plant extracts or juice thereof, sodium cyanide and/or cyanide

compounds or other chemicals either in raw or processed form, harmful or

harmless to human beings, which will kill, stupefy, disable or render

unconscious any fishery species and aquatic resources and capable of

damaging and altering the natural habitat.


45. 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, fishpond, prawn farms, salt beds, fish ports, fishing boat

or trawlers, or fish processing and/or packing plants. Excluding from this

category are administrators, security guards and overseers.

46. 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 (i.e. ensuring adequate food

supplies from domestic production), through self- reliance (i.e. ensuring

adequate food supplies through a combination of domestic production and

importation), or through pure importation.

47. Foreshore Land - a string of land margining a body of water, the part of

seashore between the low- water line usually at the seaward margin of a low

tide terrace and the upper limit of wave wash at high tide usually marked by

a beach scarp or berm.

48. Fully-developed Fishpond Area - a clean leveled area enclosed by dikes,

at least one foot higher than the highest floodwater level in the locality and

strong enough to resist pressure at the highest flood tide; consist of at least

a nursery pond, a transition pond, a rearing pond or a combination of any or

all said classes of ponds, and a functional water control system and

producing in a commercial scale.

49. Gross Tonnage - includes the under deck tonnage, permanently enclosed

spaces above the tonnage deck, except for certain exemptions. In broad

terms, all the vessels ‘closed-in’ spaces expressed in volume terms on the

bases of one hundred cubic feet (that equals one gross ton).

50. Harvest Control Rules – refers to action or set of action to be taken to

achieve a medium or long term target reference point while avoiding

reaching or breaching a limit reference point.

51. Illegal Fishing - means fishing activities conducted by Philippine fishing

vessels operating in violation of Philippine Laws, Regional Fisheries

Management Organization resolutions, and laws of other coastal states.

52. Inland Fishery - the freshwater fishery and brackish water fishponds.

53. Lake - an inland body of water, an expanded part of a river, a reservoir

formed by a dam, or a lake basin intermittently or formerly covered by water.

54. Limited Access - a fishery policy by which a system of equitable resources

use and allocation is established by law through fishery rights granting and

licensing procedures as provided by this Code.

55. Mangroves - a community of intertidal plants including all species of trees,

shrubs, vines and herbs found on coasts, swamps, or border of swamps.

56. Marine Protected Area - means a defined area of the sea established and

set aside by law, administrative regulation, or any other effective means in


order to conserve and protect a part of or the entire enclosed environment

through the establishment of management guidelines. It is considered a

generic term that includes all declared areas governed by specific rules or

guidelines in order to protect and manage activities within the enclosed

area.

57. Maximum Sustainable Yield (MSY) - is the largest average quantity of fish

that can be harvested from a fish stocks/ resource within a period of time

(e.g. one year) on a sustainable basis under existing environment

conditions.

58. 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 waters of the ocean as

part of their behavioral adaptation for survival and speciation:

(a) Anadromous species - marine fishes which migrate to freshwater

areas to spawn;

(b) Catadromous species - freshwater fishes which migrate to marine

areas to spawn.

59. Monitoring, Control and Surveillance - For monitoring fisheries, this may

include long term observation of: (a) Monitoring - the requirements of

continuously observing: (1) fishing effort which can be expressed by the

number of days or hours of fishing, number of fishing gears and number of

fisherfolk; (2) characteristics of fishery resources; and (3) resource yields

(catch) (b) Control - the regulatory conditions (legal framework) under which

the exploitation, utilization and disposition of the resources may be

conducted; and (c) Surveillance - the degree and types of observation

required to maintain compliance with regulations.

60. Municipal Fisher Folk – persons who are directly or indirectly engaged in

municipal fishing and other related fishing activities.

61. Municipal Fishing - refers to fishing within municipal waters using fishing

vessels of three (3) gross tons or less, or fishing not requiring the use of

fishing vessels.

62. Municipal Waters - include not only streams, lakes, inland bodies of waters

and tidal waters within the municipality which are not included within the

protected areas as defined under Republic act. 7586 ( The NIPAS Law),

public forest, timber lands, forest reserves or fishery reserves, but also

marine waters included between two (2) lines drawn perpendicular to the

general coastline from points where the boundary lines of the municipality

touch the sea at low tide and a third line parallel with the general coastline

including offshore islands and fifteen (15) km. from such coastline. Where

two (2) municipalities are so situated on opposite shores that there is less

than thirty (30) km. of marine waters between them, the third line shall be

equally distant from opposite shore of the respective municipalities.


63. Non-Governmental Organization (NGO) - an agency, institution, a

foundation or a group of persons whose purpose is to assist people’s

organization/ associations in various ways including, but not limited to,

organizing, education, training, research and/or resource accessing.

64. Over Fished Areas - an area within the municipal waters which cannot

sustain the fisheries. It can be due to any of the following types of over-

fishing- (1) Too much harvesting in such a way that the mean size of fish

captured is sub-optimal for providing effective yields from a fishery; (2)

Intense fishing pressure by which the process of fishery restocking through

reproduction and settlement is impaired; (3) Shift in community structure

from a fishery dominated by valuable species to one dominated by species

of less economic value or utility; and (4) when resource users faced with

declining catches and lacking any other alternative, initiate resources

destruction in their effort to maintain their incomes.

65. Payao - a fish aggregating device 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.

66. Pearl Farm Lease - public waters leased for the purpose of producing

cultured pearls.

67. Peoples Organization - a bonafide association of citizens with

demonstrated capacity to promote the public interest and with identifiable

leadership, membership and structure. Its member belong to a sector

voluntary band themselves together to work for and by themselves for their

own upliftment, development and greater good.

68. Permit - a document issued to licensed holders before engage in fishing

using particular gear and/ or boat or engine in any fishery activity within the

municipalities.

69. Person - natural or juridical entities such as individuals, associations,

partnership, cooperatives or corporations.

70. R.A. 8550 - Republic Act No. 8550, otherwise known as Philippine Fisheries

Code of 1998. It is the national law that governs the management and

conservation of the fishery resources of the country.

71. R.A. 10564 - RA. 8550 as amended by RA No. 10564 this Act shall be

known as The Philippines Fisheries Code of 1998 as amended by Republic

Act No. 10654 entitled “An Act prevent, Deter and Eliminate Illegal,

unreported and regulated Fishing.

72. Philippine Waters - include all bodies of water within the Philippine territory

such as lakes, rivers, streams, creeks, brooks, ponds, swamps, lagoons,

gulfs, bays, and seas and other bodies of water now existing or which may

hereafter exist in the provinces, cities, municipalities, and barangays and the

waters around, between and connecting the islands of the archipelago

regardless of their breadth and dimensions, the territorial sea, the sea beds,

the insular shelves, and all other waters over which the Philippines has


sovereignty and jurisdiction including the 200-neutical miles Exclusive

Economic Zone and the continental shelf.

73. Post-Harvest Facilities - these facilities include, but are not limited to, fish

port, fish landing, ice plants and cold storages, fish processing plants.

74. Purse Seine - a form of encircling net having a line at the bottom passing

through rings attached to the net, which can be drawn or pursed. In general,

the net is set from a boat or pair of boats around the school of fish. The

bottom of the net is pulled closed with the purse line. The net is then pulled

aboard the fishing boat or boats until the fish are concentrated in the bunt or

fish bag.

75. Sea Farming - the stocking of natural or hatchery-produced marine plants

or animals, under controlled conditions, for purposes of rearing and

harvesting, but not limited to commercially- important fishes, mollusks (such

as pearl and giant clam culture), including seaweeds and sea grass.

76. 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 growth of

the wild stocks.

77. Serious Violation- means any of the following violations of the provisions of

this Code:

(a) Fishing without a valid license, authorization or permit;

(b) Fishing without reporting the catch or misreporting the catch;

(c) Fishing in a closed area or during a closed season;

(d) Fishing of prohibited species;

(e) Fishing with the use of prohibited gear or methods;

(f) Falsifying, concealing or tampering with vessel markings, identity or

registration to conceal vessel identity or lack of registration;

(g) Concealing, tampering or disposing of evidence relating to an

investigation of a violation;

(h) Assaulting, resisting, intimidating, harassing, seriously interfering

with, or unduly obstructing or delaying a fisheries law enforcer,

authorized inspector or observer or other duly authorized

government officer;

(i) Intentionally tampering with or disabling the vessel monitoring

system; and

(j) Committing multiple violations which taken together constitute a

serious disregard of this code;

78. Superlight - also called magic light, refers to a type of light using halogen

or metal halide bulb which may be located above the sea surface or

submerged in the water It consist of a ballast, regulator, electric cable and

socket. The source of energy comes from a generator, battery or dynamo

coupled with main engine.


79. Obstruction to Navigation and Flow of Water – refer to all forms of water

and land based structures, whether permanent or movable, constructed

with-out proper authorization from an appropriate government agency which

obstruct navigation or impede the flow of water, causing water stagnation,

pollution or massive flooding, provided, that in the case of river or streams

measured from where the structure is erected.

80. Sabalo - refers to wild milkfish measuring a least sixty (60) cm from snout to

end of caudal fin.

81. Trawl – An active fishing gear consisting of a bag shaped net with or

without otter board s to open its opening which is dragged or towed along

the bottom or through the water column to take fishery species by straining

them from the water, including all variations and modifications of trawls

(bottom, mid-water, and baby trawls( and tow nets.

82. Unreported Fishing - refers to fishing activities which have been reported,

or have been misreported to the Department, in contravention of national

laws and regulations of the Philippines, or under taken In the area of

competence of a relevant RFMO which have not been reported, in

contravention of the reporting procedures of that organization and further

elaborated by regulations to be promulgated by the Department.

83. Aquarium Ornamental Animals - refer to aquatic animals kept in the

aquarium as a hobby or as pets or for ornamental purposes, including

fishes, invertebrates crustaceans, and mollusks.

84. Automatic Location Communicator (ALC) or Mobile Tracking-

Transceiver Unit – refers to an automatic tracking device approved by the

bureau to be installed on fishing vessels that utilize satellite navigation and

communication system for the purpose of transmitting information

concerning the Philippine Flagged fishing vessels position, fishing activities

and any other activity of the vessel as may be required.

85. Lumen - is a measure of the total amount of visible light emitted by a

source.

86. Marine Habitat - refers to an ecological or environmental area inhabited by

one or more living species of marine life. It can be divided into coastal and

open ocean habitat. Coastal habitats are found in the area that extends from

as far the tide comes in the shoreline out to the edge of the continental

shelf. Open ocean habitats are found in the deep ocean beyond the edge of

the continental shelf including the extended continental shelf. Marine habitat

includes the very organisms that make it up such as but not limited to corals,

sea grass, seaweeds, and mangroves

87. Migration Path - means the migration route of spawning, school or feeding

migratory species, going downstream or upstream migration.


88. Obstruction to Navigation and Flow of Water - refers to all forms of water

and land based structures, whether permanent or movable, constructed

without proper authorization from an appropriate agency, which obstruct

navigation or impede the flow of water, causing water stagnation. Pollution

or massive flooding, provided, that in the case of rivers or streams, the

structures are constructed a least one-fourth (1/4) of the width of the river or

stream measured from where the structure is erected or constructed.

89. Single Seine Operation - Single seining refers to the fishing operation of

purse seine catcher vessels having the capacity to store or preserve its

catch, including the search and support operation of its skiff boats, fast craft,

aircraft, drone or any other support vessel.

90. “Sudsud” or Push Net - refers to a fishing gear also known as “sakay”

“suro” or “potano” consisting of a synthetic or natural fiber materials

attached to a rigid framed bamboo pole or wooden post or log, operated

either manually or by the use of a motorized boat with single piston engine

of not more than sixteen (16) horsepower, and used to catch acetes, small

shrimps, anchovies and other fish.

91. Three highest officers - for the purpose of this code, the Captain or

Maestro shall be considered the highest officer and the Master Fisherman

the second highest officer. The third highest officer shall be the next highest

responsible person after the Master fisherman and determined to have been

responsible for decision-making in fishery operations. The three (3) officers

must be on board the vessel.

SECTION 4. TERRITORIAL BOUNDARY

Pursuant to the Local Government Code of 1991, the Philippine Fisheries Code

of 1998 and as defined in this Ordinance; the Municipal Waters of this

Municipality shall be within the following geographic coordinates:

From PL1 08’ 50’ 38” 124’ 47’ 06”

PL2 08’ 50’ 33” 124’ 45’ 19”

PL3 08’ 49’59” 124’ 42’ 04

PL4 08’ 50’44” 124’ 38’ 41”

PL5 08’ 53’ 11” 124’ 38’ 45”

PL6 08’ 53’ 57” 124’ 43’ 06”

PL7 08’ 54’ 16” 124’ 45’ 52”

PL8 08’ 54’ 16” 124’ 47’ 01”


The Municipal Waters of the Municipality of Salay, Province of Misamis Oriental

are bounded by the general coastline of the municipality and the lines describe

as follows;

Point LUZON DATUM Remarks

Latitude Longitude Coastal terminal point

MBM No. 1

PB 10 021

Beginning at 1 08’50’23” 124’47’13”

Thence 2 08’54’33” 124’38’41”

Thence 3 08’54’33” 124’38’25”

Thence 4 08’54’24” 124’47’02” Coastal terminal point

MBM No.2

PB 01022

Thence following

The coastline to 1

Water Area: 113.42 square Kilometer/11,342.31 hectares

Coastline length: 8.2 Kilometers/8,189.70 meters

Department of Environment and natural Resources

National Mapping and Resources information Authority

February 07, 2014.

SECTION. 5. JURISDICTION OF THE LOCAL GOVERNMENT UNIT. The

Local Government Unit shall have jurisdiction over the municipal waters. It shall

be responsible for the management, development, protection utilization and

disposition of all fish and fishery/aquatic resources within their respective

municipal water.

SECTION 5.1. ZONATION AND CLASSIFICATION OF THE MUNICIPAL

WATERS OF SALAY, MISAMIS ORIENTAL. Zone 1- Looc, Zone 2-Casulog,

Zone 3-Poblacion, Zone 4- Salay River 1, Zone 5-Salay river side II, Zone 6-

Inobulan, Zone 7-Ampenican, Zone 8-Dinagsaan.

SECTION 5.2 – DECLARING BEACH SEINES (BALING) ZONE BARANGAY.

Part of Coastal Barangay Inobulan, Part of Coastal Barangay Salay River Side 1,

Part of Coastal Barangay Salay River Side 2 and Part of Coastal Barangay Looc

that have sandy, muddy bottom fishing grounds shall be declared as the Beach

Seines (locally named “baling”) Zone provided, that beach seines do not

destruct and damage the existing sea grasses and coral reefs and the target

species are both pelagic and demersal fishes.

Exemption to the provision of this Section - the use of fine mesh net

shall be allowed provided that there is a specific gear license or permit granted

for the purpose and only in the following circumstances;


1. If the net is used to catch :

a. Padas (Siganidae), bangus fry (Chanos Chanos), Sugpo fry (Penaeidae)

banak fry (Mugilidae), glass eels and elvers (Aquilidae) and such other

immature species for culture purpose.

b. Aquarium /Ornamental animals, and

c. Other species already mature such as, but not limited to, alamang

(Acetes spp.) Tabios (Pandaca Pygmea), Sinarapan (Mistichthys

luzonenses), Delis (Engraulidae), and snails (Ampularia Luzonica) And

Vivipura spp.)

SECTION 5.3 – CFLC-COMMUNITY FISH LANDING CENTER

Location; Brgy. Poblacion

Land area: 551 Sqm.

Tax Dec. No. 0808000101547

Cad.Lot No.716-P Pin- 052.0800.002

With the following Coordinates:

124’ 47’ 12.00 “E 8’ 51’ 53.00 “N

124’ 47’ 11.99 “E 8’ 52.86 “N

124’ 47’ 13.00 “E 8’ 51’ 53.00 "N

124’ 47’ 12.97 “E 8’ 5’ 52.87 “N

SECTION 6. USE OF THE MUNICIPAL WATERS. The Municipal Waters shall

be reserved for municipal fisheries, provided that other activities, such as but not

limited to, research and monitoring activities may be allowed and appropriate

regulations, for purely research, scientific technological and educational

purposes.

SECTION 7. USERS OF THE MUNICIPAL WATERS. All fisheries and coastal–

related activities in the municipal waters subject to existing laws and regulations,

shall only be exclusively utilized by the registered Municipal Fisherfolks and their

organization and cooperatives duly accredited by the Sangguniang Bayan. The

Salay fisherfolks shall be given preferential consideration in the use of the

municipal waters. Furthermore, the Local Government Unit through its Local

Chief Executive shall act pursuant to an ordinance authorizing small and medium

commercial fishing vessels to operate within the ten point one (10.1) to fifteen

(15) kilometer area from the shoreline of the municipal waters as defined herein,

provided, that all the following conditions are met:

a. No commercial fishing in municipal waters with depth less than seven

(7) fathoms as certified by the appropriate agency;

b. Fishing activities utilizing methods and gears that are determined to be

consistent with national policies set by the Department;


c. Prior consultation, through public hearing, with the M/CFARMC has

been conducted; and

d. The applicant vessel as well as the ship owner, employer, captain and

crew have been certified by the appropriate agency as not having

violated this Code, environmental laws and related laws.

SECTION 8. REGISTRY OF MUNICIPAL FISHERMEN. The Local Government

Unit through the Municipal Agriculture Office (MAO) shall maintain a registry of

municipal fishermen for the purpose of monitoring fishing activities and for other

related purposes. The list or registry shall be updated annually or as may be

necessary and shall be posted in the barangay halls or other strategic locations

where it shall be opened to the public for the purpose of validating the

correctness and completeness of the list.

The Local Government Unit and the MFARMC shall singly or mutually and

always in close coordination with each other, formulate the necessary

mechanisms for inclusion or exclusion procedures that shall be most beneficial to

the resident municipal fishers.

SECTION 9. PROVISION ON FISHERY LICENSING AND CONCESSIONS.

SECTION 9. A. LICENSE ESSENTIAL – Only duly registered fisherfolks or

registered fisherfolk residents of the Municipality of Salay shall be granted the

exclusive right to fish within its municipal waters. Furthermore, no person

whether natural or juridical shall be permitted to fish within the municipal waters

of Salay without a fishing license issued by the Local Government Unit. License

fees shall not be required for the marginal fisherfolks provided they secure a

certification from the Municipal Social Welfare Office qualifying their economic

condition. Furthermore, only those gears expressly provided for in this ordinance

shall be presumed to be eligible for licensing and that any gear not included

herein shall be deemed to be unlicensed and illegal unless otherwise expressly

allowed by law, BFAR circulars or by a municipal ordinance duly enacted by the

Sanggunian and approved by the Local Chief Executive.

SECTION 9. B. REGISTRY OF MUNICIPAL FISHERFOLKS - All persons

desiring to apply for a fishing license in the Municipality of Salay, Misamis

Oriental must be registered in the Registry of Municipal Fisherfolks. Bona fide

residents of the municipality are given priority for inclusion in the Registry. Non-

Salay residents who desire to apply for a fishing license must also be registered

in the Registry subject to the policies, systems and procedures to be set by the

Office of the Mayor. The policies formulated thereof must be consistent with the

provisions contained in this ordinance.


The listing of registered persons shall be updated bi-annually and posted in

barangay halls or other strategic locations within the municipality for public

inspection and validation.

SECTION 9. C. PROCEDURE FOR REGISTRATION OF MUNICIPAL

FISHERFOLK - Barangay People’s Organizations shall :

(a) Submit to the Fisheries Resources Management Section (FRMS) of the

Municipal Agriculturist Office (MAO) a list of all eligible municipal

fisherfolks including non-Salay residents who shall be subject to the

policies set by the Office of the Mayor, and

(b) Issue a certification that the applicant has presented a letter of

endorsement by the Barangay Chairman of the barangay where the

applicant is residing. No fee shall be charged for registration. Any

subsequent amendments of such list shall also be duly endorsed by the

Chairman of the Fisherfolk Association.

SECTION 9. D. REGISTRY OF MUNICIPAL FISHING VESSELS - All municipal

fishing vessels operating within the Municipal Waters of Salay must be registered

in the Registry of Municipal Fishing Vessels. The listing of registered vessels

shall be annually updated and made available for public inspection by the FRMS

at its premises.

SECTION 9. E. CONDITIONS FOR REGISTRATION OF MUNICIPAL FISHING

VESSELS - The following shall be required in the registration of municipal fishing

vessels in the Registry:

1. Submission of all information required in the Registration form, particularly

those pertaining to the actual ownership of the vessel;

2. The vessels are not, at the time of registration, the subject of, or evidence,

in pending case for violation of any ordinance, law, rules, or regulations

within the Municipal Waters;

3. An inspection report showing that the vessels fully comply with the

prescribed color coding and vessel identification requirements of the

Municipality.

SECTION 9. F. COLOR-CODING AND VESSEL IDENTIFICATION SCHEME-

For purposes of easy identification, all duly-registered municipal fishing vessels

shall be painted with colors or illustrated with designs or a combination of both as

may be determined by the Municipal Fisheries and Aquatic Resources

Management Council (MFARC) and duly approved by the FRMS so as to make

the registered vessel clearly marked for the purpose of properly identifying it

even from a distance.


SECTION 9. G. MINIMUM CONDITIONS FOR ALL FISHING LICENCES- The

following conditions must be complied with for the issuance of all fishing licenses:

a. The licensee or vessel must be registered in the appropriate Registry of

Municipal Fisherfolks or Registry of Municipal Fishing Vessels.

b. The license shall be carried at all times by the licensee himself while on

board of the licensed vessels;

c. The license shall be valid only within the zones or sub-zones specified

herein for its operation;

d. In case of violation of the terms and conditions of the license, the

licensee or the vessel-owner undertakes to submit himself or herself to

the administrative process of the FRMS and

e. The licensee or the vessel owner shall pay the administrative fines,

penalties, charges and indemnity accruing thereof without prejudice to

the prosecution of a criminal case for any other violation of the law that

may arise out of the same act in case of violation of the terms and

conditions of the license.

SECTION 9. H. MUNICIPAL FISHING LICENSES. Only duly registered

fisherfolks entered in the Registry of Municipal Fisherfolks are qualified to be

issued a municipal fishing license. Municipal fishing licenses may pertain to the

person, boat, or gear. For fishing gear licenses, provisions under Section 9.A. of

this ordinance shall apply.

SECTION. 9. I. RECREATIONAL/SPORTS FISHING LICENSE. Recreational

and/or sport fishing licenses may be issued a license subject to such terms and

conditions as may be determined by the FRMS. The terms of such licenses shall

in no case be longer than thirty (30) days. Furthermore, the licensee shall

remove all structures and improvements that have been built upon expiration of

his license.

SECTION. 9. J. MARICULTURE OPERATOR’S LICENSE. A mariculture

operator’s license may be issued by the municipality to a person duly registered

in the registry of Municipal Fisherfolks or their cooperatives or association,

subject to the following terms and conditions:

a. The licensee submits the following documents:

i. Environmental Compliance Certificate (ECC) for the mariculture

activity and;

ii. An endorsement from the Barangay Fisheries and Aquatic

Resources Management Council (BFARMC) of the area where the

mariculture activity is located.

b. The licensee undertakes not to obstruct any navigation lanes, migration

path of fish species, or flow and ebb of tides.


c. The license undertakes to remove all structures and improvements upon

expiration or non-renewal of the license.

SECTION. 9. K. CONCESSION - Subject to the annual accounting and auditing

rules, the Municipal Mayor, through the Fisheries Resources Management

Section (FRMS) of the Municipal Agriculture Office (MAO) may allow identified

fishery activities in clearly defined areas of the municipal waters, not exceeding

one (1) hectares, to be parceled out to concessionaires through public bidding;

Provided, that in case of bidding failure, the Municipal Mayor, subject to the

authority granted by the Sanggunian, may enter into a contract for concession;

Provided further, that only duly registered and bona fide residents of the

municipality or their cooperatives or associations can be qualified to enter into

this agreement.

SECTION 9. L. TERM OF VALIDITY - Except in the case of recreational/sports

fishing, licenses and concessions, all licenses issued shall have a term of one (1)

year reckoned from the date of its issuance.

SECTION 9. M. AUXILIARY INVOICE. Any fish, fish product or other aquatic

products being transported from the Municipality to another area outside of the

jurisdiction shall be accompanied by an auxiliary invoice issued by the Municipal

Fishery Officer upon payment of Fifty Pesos (P50.00) per shipment to the

Municipal Treasurer Office. Provided that the fish, fish product(s) or other aquatic

products are not included in the list of prohibited aquatic products of the Bureau

of Fisheries and Aquatic Resources.

ARTICLE II

UTILIZATION OF FISHERY RESOURCES

SECTION 10. PREFERENTIAL OPTION. The Salay Municipal Fisherfolks and

their organization shall be given preferential option in the grant of Exclusive

Fishery Privileges. The duly registered and accredited organizations,

cooperatives of municipal fishers and people’s organizations shall be given

preference in the grant of exclusive fishery privilege by the Sangguniang Bayan

pursuant to Section 149 of the Government Code of 1991. The Sanggunian shall

be guided by the following procedures:

1. The Sangguniang Bayan shall post in the municipal hall and in a least two

(2) strategic places, a notice to fisherfolks organizations or cooperatives to

apply for the exclusive fishery privileges. The notice shall also be posted

in at least two (2) conspicuous places in every fishing barangay and

announced once a week for four (4) consecutive weeks. The same notice

shall indicate the amount of the exclusive fishery privilege;


2. Interested parties shall be given a period of 45 days reckoned from the

posting of the notice to signify their intention to the Sangguniang Bayan to

avail of the exclusive fishery privilege.

3. Should two (2) or more groups signify their intent to avail of the fishery

privilege; the Sangguniang Bayan, in consultation with MFARMC, shall

draw up guidelines to resolve the matter.

4. In the event that no applicant has signified its intent to avail of the

exclusive fishery privilege or when there is a failure in the bidding for the

grant of the exclusive fishery privilege that other parties may be invited to

participate in the public bidding. Provided, however, that interested

bidders are in the registry of Municipal Fisherfolks and should have a duly

issued fishery license by the Local Government Unit of Salay, Misamis

Oriental.

5. The Sangguniang Bayan through a resolution shall award the exclusive

fishery privilege upon compliance of the applicant(s) with all the necessary

requirements.

6. The organization or cooperative or the winner of the public bidding shall

pay the required fees for the exclusive fishery privilege to the Local

Government Unit through the Office of the Municipal Treasurer.

SECTION 11. LIMITATION ON THE GRANT OF EXCLUSIVE FISHERY

PRIVILEGE. The following limitations shall be strictly followed:

1. The grant of exclusive fishery privilege shall be binding and legal for three

(3) years and subject to yearly assessment/evaluation of the FRMS to

determine whether the grantee can be qualified for the renewal of the

same.

2. The exclusive fishery privilege shall not be sub-contracted or sub-leased, in

whole or in part.

3. A member of a fisherfolk organization or cooperative whose household is

already in possession of a grant of exclusive fishery privilege, other than

for fish capture, cannot enjoy the grant of exclusive fishery privilege given

to the organization or cooperative.

SECTION 12. GROUNDS FOR CANCELLATION OF THE EXCLUSIVE

FISHERY PRIVILEGE. The following are the grounds for the cancellation of the

exclusive Fishery privilege:

1. Construction and operation of fish corral and/or gathering of bangus fry

outside the designated area;

2. Violation of any fisheries and environmental–related ordinance;

3. Use of dummies;

4. Failure to comply with local or national laws, rules and regulation; and


5. When public welfare so requires as deemed by the Local Government Unit,

in consultation with the MFARMC.

A voluntary written request to forego with the exclusive fishery privilege by the

holder is a sufficient ground for the cancellation of the privilege.

ARTICLE III

MANAGEMENT, DEVELOPMENT AND CONSERVATION OF COASTAL AND

FISHERY RESOURCES

SECTION 13. LIMITED ENTRY INTO OVERFISHED AREAS. Whenever a

particular area in the municipal waters is being overfished or in danger of being

overfished based on official available data or official information provided by the

Municipal Agricultural Office, the Sangguniang Bayan upon recommendation of

the Municipal Agriculture Office, in consultation with the MFARC, shall enact an

ordinance proh

SECTION 14. MANAGEMENT OF MARINE FISH SANCTUARY

Sec. 14.1 Part of Barangay Looc and part of Barangay Casulog are

declared Marine Sanctuaries, with the following Technical descriptions:

Area: 3.0 hectares

From PL1 Landward (Casulog Side) 8” 51’ 12”-N

PL2 Landward (Looc Side) 8”51’09”-N; 124’ 46’59”E

PL3 Seaward (Looc Side) 8”51’10”-N; 124’ 46’ 56”E

PL4 Seaward (Casulog Side 8”51’ 13”-N; 124’ 46’56”E

Sec. 14.2 Barangay Casulog is declared an area for conservation and

protection as a nesting site of the marine turtle.

Sec. 14.3 Portion of Municipal Waters of Barangay Dinagsaan is declared

as a Marine Protected Area with a total approximate aggregate area of 13.75

hectares, with the following details:

1. Approximate Area Size

1. Marine Sanctuaries 4.7 Has.

2. Swimming Area 1.02 Has

3 Buffer Zone 1.64 Has

4. Boat Passage .79 Has

5. Docking Area .032 has

6. Core Zone 4.18 Has

7. Boundary 13.77 Has


2. Core Zone:

Corner Northing Easting’s Latitude

(1)

Longitude

(1)

1 696265 984631 8.9033 124.7849

2 696067 984609 8.9031 124.7831

3 696017 984809 8.9049 124.7826

4 696226 984832 8.9051 124.7845

3. BUSLO Cave


(1)

Longitude

(1)

1 696291 984712 8.9053 124.7837

2 696285 984697 8.9052 124.7837

4. Boundary


(1)

Longitude

(1)

1 696378 984357 8.9008 124.7859

2 696131 984351 8.9007 124.7836

3 696009 984838 8.9052 124.7826

4 696305 984871 8.9054 124.7852

5. Marine Sanctuaries


(1)

Longitude

(1)

1 696340 984368 8.9009 124.7855

2 696128 984363 8.9009 124.7836

3 696075 984577 8.9028 124.7831

4 696276 984601 8.9030 124.7850

Fishing and other human activities are strictly prohibited in the marine

sanctuaries. However, scientific and educational activities may be considered in

these areas provided that a written permission is obtained from the Office of the

Mayor.

The Local Government Unit in consultation with MFARC and other conservation

organizations shall formulate management plans in the operation of the marine

sanctuaries, provided that all foreshore areas in the fish sanctuaries throughout

the entire length with the boundaries of fish sanctuaries parallel to the shoreline


shall not be subject to any foreshore lease or beach resort development and

shall be reserved for government use in the interest of developing resources

enhancement projects like mangrove reforestation.

SECTION 15. ESTABLISHMENT, MANAGEMENT AND UTILIZATION OF

ARTIFICIAL REEFS (AR). The Local Government Unit of Salay, Misamis

Oriental in consultation with MFARMC shall institute management measures

designed to rehabilitate and enhance productivity of degraded coral reefs and its

environment for the benefit of stakeholders dependent upon it for their livelihood

and job opportunities.

For this purpose, the establishment of artificial reefs within the Municipal Waters

shall be governed by the following regulations:

1. The Municipal Mayor shall have the authority to issue permits to establish

and operate artificial reefs in the Municipal Waters.

2. The prioritization in the grant of AR permits shall be in the following order:

a. Accredited academic and research institution

b. Local Government Units (LGU)

c. Provincial Fishery Association/Federation

3. Gratuitous Permit- a gratuitous permit for the establishment of ARs that

adhere to these guidelines shall be granted to the following:

a. Accredited academic and research institution

b. Local Government Units (LGUs)

c. National government agencies

In case of conflict over the same area applied for, the order of

priority enumerated in Section 15 (2) of this Ordinance shall prevail.

4. The following steps shall be followed in the processing of an application for

AR permits:

a. Prior to filing of application for an AR permit, the proponent shall

formally seek the technical assistance of the Municipal Agriculture

Office (MAO), Provincial Agriculture Office, Department of Agriculture-

Bureau of Fisheries and Aquatic Resource (DA-BFAR) in collaboration

with the Department of Environment and Natural Resources (DENR) to

determine the sustainability and feasibility of the proposed site for AR

deployment.

b. If found suitable, the DA-BFAR/Provincial Agriculture Office shall

require the proponent to submit a proposed management and operation

plan of the area applied for.

c. The proponent shall be advised to file his application with the Municipal

Mayor through the Municipal Agriculturist Office together with the

following documents:


1. All ARS shall only be established within zone of the municipal waters

as reflected in the sketch map showing the zonation of the Municipal

Waters of Salay.

2. The site where ARs are to be installed shall not be less than one (1)

kilometer away from the existing natural reefs.

5. Materials for the construction of ARs - the materials for the construction of

ARs shall include, but not limited to the following:

a. Concrete blocks or culverts

b. Lime stones or rock

Other materials not included above are subject to prior approval by

the Local Government Unit.

6. Management and operation of ARs - The management and operation of the

ARs shall be the primary responsibility of the permittee who shall abide by

all the terms and conditions of the permit including effective compliance

(except those ARs that are operated and managed by the LGU) with the

following measures:

a. Subsistence fishing with the use of hook and line shall be allowed for

members of the cooperative/association/organization who shall be

bounded by time and catch limitations and other restrictions that may

be prescribed by the association in coordination with the MAO, DENR

and DA-BFAR.

b. Subsistence fishing with the use of hook and line shall be allowed for

members of the association and resident Fisherfolk non-members

subject to certain restrictions or conditions that may be imposed by

the association.

c. Subsistence fishing shall be allowed one (1) year after the

establishment of the AR.

d. The permittee shall submit a quarterly report to the office of the

Municipal Mayor through the Municipal Agriculture Office and which

the DA-BFAR and DENR shall be copy furnished on the status of the

AR, including volume of catch by species composition and size and

estimated value thereof.

e. The permittee shall assist the local and national agencies concerned

in the conservation, management and protection of both municipal

and offshore fishery and aquatic resources.

f. ARs shall be firmly anchored/ secured for safety reasons.

g. The core zone covered by the AR permit shall be properly demarcated

by buoys or other suitable materials.


SECTION 16. MANGROVE PROTECTION AND CONSERVATION. The Local

Government Unit, in coordination with the Department of Agriculture-BFAR, the

DENR, the MFARC and other concerned organizations, shall initiate proper

management of mangrove areas, provided that the Local Government Unit, in

coordination with the Department of Environment and Natural Resources (DENR)

shall develop programs that promote and ensure community participation in the

rehabilitation and management of existing mangroves.

SECTION 17. REGULATION ON CONSTRUCTION AND OPERATION OF

FISH CORRALS. The Local Government Unit, in consultation with the FARMC,

shall regulate the construction and operation of fish corrals in the municipal

waters, provided that no fish corrals shall be established and operated outside of

the designated areas of operation. Provided, however, that no fish corral shall be

constructed within two hundred (200) meters of another fish corrals; provided,

further, that the tail of the fish corral shall not be more than 100 meters; provided,

furthermore, that the mesh size of the net of the fish corral shall not be less than

3 centimeters and shall be entirely lifted during the designated closed season of

gathering of danggit to enable a considerable number of spawner /breeder to

reach their spawning grounds. Provided, finally, that ownership of fish corrals is

limited to only one per permittee.

SECTION 18. PROTECTION OF OTHER MARINE HABITATS. The Local

Government Unit, in coordination with the MFARMC and other concerned

organizations, shall ensure the protection and conservation of other marine

habitats in the municipal waters; provided that the Local Government Unit, in

consultation with the MFARMC, shall regulate the use of fishing gears and other

human activities that may adversely affect the marine habitat.

SECTION 19. COASTAL AQUATIC POLLUTION. All activities in the grounds or

waters, directly or indirectly including the discharging of untreated waste from

industries which result, or likely to result, in such deleterious effect which harm

living and non-living aquatic resources, hazards to human health, hindrance to

coastal or fishery activities such fishing and navigation, including

dumping/disposal of waste and other marine litter shall be prohibited.

Administrative fines and penalties must be imposed to the offender in

accordance with the existing laws and penal provisions.

SECTION 20. MAINTENANCE OF WATER QUALITY AND CLEANLINESS.

The Local Government Unit, in coordination with DA-BFAR and DENR, shall

monitor the quality of the water at the optimal level to natural productivity and

cleanliness of the area devoted to aquaculture development in coordination and

technical assistance of the DA-BFAR and DENR.

SECTION 21. USE OF PAYAO. The municipal government shall regulate the

use of payao or other fish aggregating devices in the municipal waters. No


individual person or commercial fish trader shall be allowed to establish any kind

of fish aggregating devices within the municipal waters. Only registered fisherfolk

associations / cooperatives and the LGU shall be allowed to install payaos in the

municipal waters; The registered fisherfolk associations, organizations are

allowed to invite commercial fishing vessels to fish in payaos, provided that the

provision stipulated in Section 18 of this Code are met.

ARTICLE IV

MARICULTURE DEVELOPMENT

SECTION 22. PROMOTION OF MARICULTURE. The Local Government Unit

shall promote the diversification of income of the fisherfolks relative to the

preservation and conservation of coastal and fisheries resources. It shall be the

main responsibility of the Local Government Unit to ensure that resources are

used responsibly and the adverse impacts on the environment and on local

communities with the use of these resources are minimized. It shall be

considered in the coastal aqua-culture development the genetic diversity and

ecosystem integrity of the municipal waters. The Local Government Unit must

also ensure that the livelihood of the people and their access to fishing grounds

are not adversely affected. Consistent thereto, the Local Government Unit shall

establish effective procedures to undertake appropriate environment

assessment, monitoring and mitigation with the aim of minimizing adverse

ecological changes and related economic changes and related economic and

social consequences resulting from water extraction, discharge of effluents, use

of chemicals, and other aqua – culture activities.

SECTION 23. DESIGNATED AREAS FOR FISH CAGES, SEAWEEDS

CULTURE AND OTHER AQUACULTURE ACTIVITIES. Establishment of fish

cages, planting of seaweeds and other aquaculture activities shall be established

and operated only within the duly designated mariculture zones, except for

scientific and educational purposes.

SECTION 24. SIZE AND DISTANCE BETWEEN FISH CAGE. The maximum

size of fish cage shall be twenty-five (25) square meters per module. Fish cages

can be clustered, provided that each cluster shall not be more than 4 modules in

the sea and 2 modules in the river and the distance between clusters shall not be

less than twenty (20) meters in inland bodies of water and twenty (20) meters in

the sea.

SECTION 25. DISTANCE FROM THE SHORELINE. It shall be strictly prohibited

to construct fish cages within two hundred meter radius from the shoreline or any

wharf. Distance between cages and seaweeds farm lot shall be not less than 100

meters away from each other.


SECTION 26. STOCKING DENSITY. An ecologically and economically optimum

stocking density for fish cage operation should be observed in accordance to the

recommendation of the Municipal Agriculture Office and DA-BFAR.

SECTION 27. LIMITATION OF THE GRANTING OF LICENSE TO

CONSTRUCT AND OPERATE FISH CAGE. The following limitation shall be

strictly followed:

a. Ownership is limited to at least four (4) fish cage modules at sea and two

(2) fish cage modules at river per licensee.

b. Resident municipal fisherfolks and their organizations/cooperatives shall

have priority in the granting of license to construct and operate fish cages.

c. License to construct and operate a fish cage shall be binding and legal for

3 years and may be renewed for another three (3) years at the discretion

of the Local Government Unit upon the recommendation of the Municipal

Agriculture Office.

d. The fish cage shall not be subleased, in whole or in part. Joint venture

operation, partnership and /or management contract on a profit-sharing

basis may be allowed only upon prior consent of the Local Government

Unit.

e. The use of dummies shall be sufficient cause or ground for the

disqualification of an applicant from obtaining such permit or cancellation

of an existing permit.

All established fish cages should be monitored and supervised

regularly by the Local Government Unit.

SECTION 28. GROUNDS FOR THE REJECTION OF APPLICATION AND

CANCELLATION OF PERMIT FOR LICENSE TO CONSTRUCT AND

OPERATE FISH CAGE. The following shall be grounds for the rejection of

application and cancellation of permit for license to construct and operate fish

cage(s):

a. Fraudulent, false and misleading statements in the application;

b. Failure to comply with the provision of existing national laws and local

ordinances;

c. Construction and operation of fish cage outside the designated area;

d. Abandonment and non-operation of the area for six (6) months and /or lack

of interest of the permittee to continue;

e. Failure to pay the necessary fees and other surcharge relative thereof.

f. Non-construction of fish cage within six (6) months from the date of

issuance of the permit to construct and operate; and

g. When public welfare so requires as deemed by the Local Government Unit;


ARTICLE V

FISHERY LICENSE

SECTION 29. FISHERY LICENSE. All individuals, cooperatives, partnership,

firms or corporations who are listed in the Registry of Municipal Fishers shall be

issued a fishery license upon payment of the prescribed fees. The Fishery

license shall be non-transferable. Fishery license holders must unconditionally

agree to comply with all the laws, orders, policies and rules and regulations

governing fishing. The licensee shall also assume responsibility for any and all of

his acts arising from, in connection to, or relative with his fishing operation.

Fishing for daily food sustenance or for leisure, which is not for commercial,

occupation or livelihood purposes maybe exempted from securing a fishing

license permit.

SECTION 30. RENEWAL OF FISHERY LICENSE. The fishery license shall be

renewed annually. The holder shall have sixty (60) days prior to the expiration of

the license within which to apply for renewal.

SECTION 31. LICENSING PROCEDURES. Applicants for Fishery license shall

submit the following documents to the Municipal Agriculture Office.

a. Duly Accomplished Application Form

b. Community Tax Certificate

c. Certificate of Registration

d. Certificate of Accreditation for organizations, cooperatives, partnerships

firms of corporation)

e. Barangay Clearance

f. Certification as Registered Municipal Fishers

g. Endorsement from MFARMC

h. Other pertinent documents, as may be required by the Office of the Mayor

The Municipal Agriculture Office, in consultation with the FARMC shall

recommend for the issuance of the Fishery license to the Municipal Mayor upon

payment of the necessary fee.

SECTION 32. SCHEDULE OF LICENSE FEE. License to exploit, occupy,

culture, or gather fish of any species and other fisheries products in the municipal

waters shall be granted by the Municipal Mayor upon payment of their

corresponding fees at the rate not exceeding those fixed hereunder. Provided,

however, that registered fishers from other municipalities who will be permitted to

use the municipal waters of this municipality shall pay double the rate fixed

hereunder:

FOR USING MOTORIZED PUMP BOAT

Non-motorized ----------------------------- Php. 50.00/year

Motorized 10hp and below ----------------------------- Php.100.00/year

Motorized 10.1 hp -16 hp ----------------------------- Php.160.00/year


Motorized (16.1 hp and above) ----------------------------- Php.200.00 /year

FOR USING AND ENGAGING IN THE FISHING GEAR OPERATION

Hook and Line ----------------------------- Php.100.00/year

Gill nets ----------------------------- Php.100.00/year

Squid Jigs ----------------------------- Php.100.00/year

Fish pots and Traps ----------------------------- Php.100.00/year

Spear fishing ----------------------------- Php.120.00/year

Fish Corrals ----------------------------- Php.150.00/year

Stationary Lift nets ----------------------------- Php.100.00/year

Round-Haul seine ----------------------------- Php.100.00/year

Scoop net ----------------------------- Php.150.00/year

Others ----------------------------- Php.100.00/year

SECTION 33. CODING OF MOTORIZED AND NON-MOTORIZED BOATS. The

Local Government Unit shall designate an official color for the Municipality

subject to the recommendation of the MFARMC and approval of the Office of the

Municipal Mayor.

SECTION 34. PERMIT TO SMALL AND MEDIUM COMMERCIAL FISHING

VESSELS TO OPERATE WITHIN THE TEN POINT ONE (10.1 TO 15 KM

AREA OF MUNICIPAL WATER. All small and medium Commercial Vessels

engage in fishing business within the municipal water and are fishing within ten

point one (10.1) to fifteen (15) kilometer-area are required to secure a Mayors

Permit and shall pay the following fees to the Local Government Unit.

For sea crafts of less than 3 Gt. -------------------------- Php. 1,000.00/year

For sea crafts more than 3 Gt.

but not more than 10 Gt.--------------------------------------- Php. 2,000.00/year

For sea crafts of more than 10 Gt. -------------------------- Php. 5,000.00/year

Provided the applicant vessel as well as the ship owner, employer, captain and

crew have been certified by the appropriate agency as not having violated this

Code, environmental laws and related laws.

SECTION 35. PERMIT TO ANCHOR/DOCK AND ENGAGE IN BUSINESS IN

THE MUNICIPALITY. All transient sea crafts that will anchor/dock in the

municipal waters to engage in any business in the municipality shall pay the

following fee to the Local Government Unit:

For Non-motorized -------------------------- PhP 100.00/year

For motorized pump boat -------------------------- PhP 200.00/year

For sea craft of less than 3 Gt. -------------------------- PhP 500.00/year

For sea crops of 3-10 Gt. -------------------------- PhP 700.00/year

For sea crafts of more than 10 Gt. -------------------------- PhP 1,000.00/year


Provided, that boats taking refuge or shelter due to natural calamities such as

typhoon shall be exempted from the provision of this section.

SECTION 36. PERMIT TO COMMERCIAL VESSELS ENGAGED IN FISHING

BUSINESS WITHIN THE PAYAO OWNED BY REGISTERED FISHERFOLK

ASSOCIATION FOUND IN MUNICIPAL WATERS. All Commercial Vessels

engaged in fishing business within the municipal payao owned by the registered

fisherfolk association, cooperative shall secure a Mayor’s Permit and pay the

following fee to the Local Government Unit.

For sea craft of less than 3 Gt. ----------------- Php. 1,000.00/Fishing

For sea crops of 3-10 Gt. ----------------- Php. 1,500.00/Fishing

For sea crafts of more than 10 Gt. ----------------- Php. 2,500.00/fishing

SECTION 37. GRATUITOUS PERMIT. The Local Government Unit may issue

gratuitous permit to fishers to exploit, occupy, produce, culture, capture, or gather

fish of any species and other fishery products in the municipal waters; Provided,

that the government agency or institution of learning may also be given

gratuitous permit to engage in fishing activities in the municipal waters for

scientific or educational purposes, subject to the terms and conditions consistent

to and not violative of this Code.

SECTION 38. REPORT OF TRANSFER OF OWNERSHIP OF BOATS AND

FISHING GEARS. The owner/ operator of registered boats and fishing gear shall

notify the Municipal Agriculturist Office (MAO) of the transfer of ownership of the

boats and fishing gears within fifteen (15) days after its transfer. Failure on the

part of the new owner to notify the MAO within the prescribed period shall be

ground for the cancellation of his fishing license.

SECTION 39. DUTIES OF LICENSEE, PERMIT, AND EXCLUSIVE FISHERY

PRIVILEGE HOLDERS. Existing laws, orders, rules, ordinances and regulations

governing coastal and fisheries resources shall govern the activities and

operation of all licensees, permit and exclusive fishery privilege holder who

likewise shall:

a. Take precaution, as may be necessary, to prevent destruction to the

coastal and fishery resources and habitat in the municipal waters, and to

ensure environmental protection at all times;

b. Assume responsibility for the use of fishing boat and any or all acts of

his/her agents, employees or laborer, including those of contractors

connected with his/her fishing operations, or in the establishment,

management, or operation of the contract or during the fishing expedition,

such as transport and/or possession of dynamite, cyanide and other


poisonous or noxious substances, as well as any fish caught through

unlawful means.

c. Keep and submit all records and report of transaction in connection with

the license, permit or lease in such format as required by the terms and

conditions of the license, as may be required by law;

d. Allow or render assistance to any law enforcer for purpose of inspection,

searching and examining any person, document, records and places of

operations including storage area, auxiliary boats or good aboard the boat.

e. Vacate the area covered by the exclusive fishery privilige upon expiration

or as directed by authorized municipal officials, unless renewed or

cancelled;

f. Clear, remove, destroy or demolish any debris, material, structure or gear,

on the vacated area or place or constructed on the site of the fishery

privilege upon expiration or cancellation of the privilege.

g. Abide all other rules and regulations that will be legislated after the

enactment of this Ordinance.

SECTION 40. FUNDS FOR COASTAL RESOURCES MANAGEMENT. The

Local Government Unit shall allocate funds from revenues derived from the

utilization and exploitation of the municipal waters to coastal resources

management activities such as, but not limited to, law enforcement, livelihood

programs for fisherfolks, research, training and education. It will be treated as

under trust fund account.

SECTION 41. SHARE OF BARANGAYS ON REVENUES OF THE LOCAL

GOVERNMENT UNIT. The Local Government Unit shall appropriate ten (10)

percent of all fees derived from the utilization and exploitation of the municipal

waters to the barangays; Provided, however, that the Local Government Unit

within sixty (60) days from the enactment of this code, shall formulate

implementing rules and regulations of this section. Such share shall be remitted

to the barangays before end of each quarter.

ARTICLE VI

POST-HARVEST FACILITIES, ACTIVITIES AND TRADES

SECTION 42. ESTABLISHMENT OF POST-HARVEST FACILITIES. The Local

Government Unit shall coordinate with the private sector and other concerned

agencies and FARMC in the establishment of post-harvest facilities such as, but

not limited to municipal fish landings sited fish pots, ice plants, cold storage and

fish processing establishments to serve primarily the needs of the municipal

fishers.


SECTION 43. MUNICIPAL FISH PORT CONSTRUCTION AND

DEVELOPMENT. Municipal fish port development should be constructed and

designed in a manner that will minimize changes to existing water and sediment

quality parameter such as salinity and temperature, dissolved oxygen, nitrogen

and sediment concentration, organic constituents; and transparency of waters;

Provided, that municipal fish port and harbors should be placed in areas with the

highest available flushing rate, and access channels should be designed to

minimize adverse water circulation changes and creation of stagnant water

column; Provided, however, the municipal fish ports and harbors should

incorporate facilities which allow for effective waste disposal and erosion control.

SECTION 44. EXPORTATION AND IMPORTATION OF FISH AND FISHERY

PRODUCTS. Export of fish and fishery products shall be regulated whenever

such exportation affects the food security and production. Exportation of live fish

shall be prohibited except those which are hatched or propagated in accredited

hatcheries and ponds. However, to protect and maintain the local bio-diversity or

ensure the sufficient supply of spawners, breeders, eggs and fry of bangus,

prawn and other endemic species, as may be determined by the Municipal

Agriculturist Office (MAO) and /or the Department of Agriculture, the above-

mentioned species shall not be exported or caused to be exported by any

person. It shall also be prohibited for any person to import fish and fish products

of whatever size, stage or form, for whatever purpose without securing first the

necessary permit from the Office of the Mayor.

SECTION 45. AUXILIARY INVOICE. All fish and fisheries product, except those

caught in violation of the provision of this ordinance or are declared as health

hazards by concerned institutions, must have auxiliary invoice to be issued by

the Municipal Health Office prior to their transport from the Municipality of Salay

to any point or destination in the Philippines. Similarly, fish and fishery products

brought to the Municipality of Salay shall likewise require an auxiliary invoice

issued by the proper authority from the place of its origin. Failure of any person to

secure or present an auxiliary invoice of his fish and fishery products shall render

such person liable to a fine of Php 1.00/kilo of fish or fishery product(s)

confiscated.

SECTION 46. SUPPORT TO MUNICIPAL FISHERS. The Local Government

Unit, in coordination with other agencies and institutions concerned, shall provide

support to municipal fishers and their organizations through appropriate

technology and research, credit, product and marketing assistance and other

services such as, but not limited to, training for additional or supplementary

livelihood.


ARTICLE VII

CREATION OF FRMO SECTION UNDER THE

MUNICIPAL AGRICULTURE OFFICE

SECTION 47. CREATION OF FISHERY RESOURCES MANAGEMENT

OFFICER (FRMO). The LGU through an ordinance may create the Fisheries

Resource Management Office (FRMO), solely for the purpose of attending to the

needs of coastal and fishery resources management of the municipality. The

FRM Office shall be headed by a Department Head who shall be named

Fisheries Resource Management Officer (FRMO). If for funding or for any valid

reason that the Local Government Unit is not able to create the FRM Office, the

Agricultural Technologist under the Municipal Agriculturist Office may be

designated as an FRMO to act on the needs of coastal and fishery resources

management of the municipality.

SECTION 48. FUNCTIONS, DUTIES AND POWERS OF THE FRM OFFICER.

The FRM Officer shall have the following functions, duties and responsibilities:

a. Formulate measures with the approval of the Municipal Mayor and the

Sangguniang Bayan, as the case may be, to ensure the delivery of basic

services and resources, particularly on coastal resources management

and fisheries services;

b. Develop plans and strategies, upon the approval thereof by the Municipal

Mayor and the Sangguniang Bayan, as the case may be, to implement

the same, particularly those which have to do with coastal resources

management and fisheries programs and projects which the Municipal

Mayor is empowered to implement;

c. Ensure the maximum assistance and access to resources in the

sustainable management and the use of environment and natural

resources, particularly the coastal and fisheries resources;

d. Enforce rules and regulations relating to environment and natural

resources, particularly on coastal resources and fisheries management,

coordination with government agencies and civil society organizations;

d. Be in the frontline of the delivery of basic services to the municipal

fisherfolks particularly those needed for the survival of said fisherfolks

during and in the aftermath of man-made and natural disasters and

calamities, in close coordination with the Municipal Risk Reduction and

Management Office;

e. Recommend to the Sangguniang Bayan and advice the Municipal Mayor,

as the case may be, on all matters related to environment and natural

resources, particularly on coastal and fisheries resources, which will

improve the livelihood and living conditions of the inhabitants.


f. Exercise such other powers and performs such duties and functions as may

be delegated by the Municipal Mayor.

SECTION 49. QUALIFICATION OF THE FRM OFFICER. No person shall be

appointed as FRM Officer unless he /she is a citizen of the Philippines, a

registered voter of the municipality, of good moral character, a holder of a college

degree preferably in fisheries-related courses from a recognized college or

university, and possesses a second level service eligibility or as may be found in

the Qualifications Standards (QS) set forth by the Civil Service Commission.

He/she must have at least two-year related experience in coastal and fishery

resources management.

SECTION 50. FISHERY LAW ENFORCEMENT TEAM (FLET). The Office of the

Municipal Mayor through the Fisheries Resources Management Office, or in its

absence, the Municipal Agriculturist Office is hereby authorized to organize

Fishery Law Enforcement Teams (FLET) in the municipality. For this purpose,

the Fisheries Resources Management Office or the Municipal Agriculturist Office

shall maintain a FLET coordinating office responsible for coordinating all

activities relating to fishery law enforcement

SECTION 51. POWERS AND FUNCTIONS OF FLET. The FLET/DFW is

authorized to enforce this ordinance and shall coordinate with, or ask assistance

of, as the case maybe, the PNP-Maritime group, Philippine Coastguard and other

fishery law enforcement agencies, in the enforcement of the provisions of this

ordinance as well as all other laws, rules and regulations on fisheries and aquatic

resources. For legal purposes, they shall be deemed to be persons under the

direct control and supervision of the Municipal Mayor.

SECTION 52. TRAINING AND DEPUTATION REQUIREMENTS. No person

shall become member of the FLET/DFW unless he or she has successfully

completed the training course on Fishery Law Enforcement as prescribed or

administered by the Municipal Agriculturist Office in coordination with the Bureau

of Fisheries and Aquatic Resources and has been duly deputized for the

purpose.

SECTION 53. LEGAL ASSISTANCE. The Local Government Unit of Salay,

Misamis Oriental shall provide legal assistance to the Fishery Law Enforcement

Officers of the municipality. For this purpose, the Sangguniang Bayan hereby

authorizes the Municipal Mayor to hire the services of a legal officer to assist the

law enforcers in any case that may arise in the implementation of this ordinance

and other fishery laws.


ARTICLE VIII

MUNICIPAL FISHERIES AND AQUATIC RESOURCES MANAGEMENT

COUNCIL (MFARMC)

SECTION 54. COMPOSITION OF MUNICIPAL FARMC. Pursuant to section 69

of the Philippine Fisheries code of 1998 (RA10654), the Municipal FARMC shall

be established in this municipality. The Local Government Unit shall provide

assistance to the Municipal FARMC.

SECTION 55. COMPOSITION OF MUNICIPAL FARMC. The regular members

of the Municipal FARMC shall be composed of the following;

a. Municipal Planning and Development Officer

b. Chairperson of the Sangguniang Bayan Committee on Agriculture

/Fisheries;

c. One (1) Representative from the Municipal Development Council;

d. Municipal Environment and Natural Resources Management Officer

e. One (1) Representative from the accredited civil society organization

f. One (1) Representative from the private sector

g. One (1) Representative from the Municipal Agriculturist Office

h. At least eleven (11) fisherfolk representatives

i. One (1) fish worker

j. Three (3) commercial fishers operating in the municipality

k. One (1) Representative from Youth Sector

l. One (1) Representative of Women Sector

The MFARMC shall adopt rules and regulations necessary to govern its

proceedings and its election subject to review and approval of the Office of the

Municipal Mayor.

SECTION 56. POWERS AND FUNCTIONS OF THE MUNICIPAL FARMC. The

Municipal FARMC shall have the following powers and functions:

a. Assist the Local Government Unit in the implementation of programs and

projects on coastal and fishery resources management;

b. Assist the Local Government Unit in the monitoring and evaluation of

coastal and fishery resources management programs;

c. Advice the Local Government Unit in the arbitration of disputes over fishery

rights and sharing contracts;

d. Assist the Local Government Unit in the conduct of public hearing and

community consultation, in aid of the formulation of plans, policies and

proposed ordinances and regulations;


e. Coordinate with law enforcement agencies in the enforcement of fishery

and Environmental laws, ordinances, rules and regulations;

f. Assist the Local Government Unit in the promotion of comprehensive

rehabilitation and conservation of municipal fishing ground and coastal and

fishery resources;

g. Assist the Local Government Unit in the promotion of ancillary economic

activities including cooperative marketing and socio–economic services;

h. Maintain an updated Registry of Municipal Fisherfolks; and

i. Perform such other functions as maybe prescribed or delegated by the

Municipal Mayor, the Municipal Development Council and Sangguniang

Bayan through an ordinance or a resolution.

ARTICLE IX

PROHIBITED ACTS AND PENALTIES

SECTION 57. PROHIBITIONS. It shall be unlawful for any person, entity,

organization to engage in the following:

a. the use of compressor in fishing banned in accordance to DILG

Memorandum Circular Number 129 dated August 12 2012;

b. the use of motorized sudsud;

c. the use of handok and other nuisance paraphernalia in catching fish;

d. the use of reef seine/sinsin;

e. catching of sardine fry (daslo/tugnos);

f. selling, dealing, displaying or cause to be displayed in the public market,

sardines fry or Maranay and other prohibited and illegally caught fish;

g. the collection, harvesting, gathering, selling and or exporting of brown

algae (Samo) (Sargassum spp) and sea grasses;

h. the use of liba-liba in fishing with fine mesh net;

i. the use of Nukos ambak-ambak in fishing;

Violators to the provisions under this section shall be meted with a fine of Two

thousand Five hundred Pesos (PhP 2,500.00) or an imprisonment of not more

than six months, or both at the discretion of the court.

SECTION 58. RESTRICTIONS AND PENALTIES.

SECTION 58.1 UNAUTHORIZED FISHING. It shall also be unlawful for any

commercial fishing vessels to fish in the municipal waters. Any person in

possession or operating a commercial fishing vessel in a fishing area where he

has no fishing license and permit shall constitute a prima facie presumption that

the person is engaged in unauthorized fishing; the boat captain and the three (3)

highest officers of the commercial fishing vessel and the owner or operator who


violate this provision shall be penalized in accordance with the provisions

stipulated under Section 86 of RA 10654..

Section 58.2 It shall be unlawful for any commercial fishing boat operator or

private individuals to install payao in the Municipal Waters. Violators of this

provision shall be penalized with an administrative fine of Two Thousand Five

Hundred Pesos (PhP 2,500.00) including the dismantling of the structure or

awarding of the same to qualified fisherfolk associations. The offender shall also

suffer the penalty of imprisonment of not more than six (6) months at the

discretion of the court.

SECTION 58.3 ENGAGING IN UNAUTHORIZED FISHERIES ACTIVITIES. It

shall be unlawful for any person to exploit, occupy, produce, breed or culture fish,

fry or fingerlings of any fishery species or fishery products or construct and

operate fish corrals, fish traps, fish pen and fish cages or fishponds without a

license, lease or permit. Offenders shall be penalized with an administrative fine

of Two Thousand Pesos (PhP 2,000.00), the dismantling or removal of the

structures shall be at the expense of the offender, the rehabilitation of the area

affected by the activity and confiscation of stocks. In addition to the

administrative penalties and actions, the offender may suffer the penalty of

imprisonment of not more than six (6) months at the discretion of the court.

SECTION 58.4 FISHING THROUGH EXPLOSIVES, NOXIOUS OR

POISONOUS SUBSTANCES OR ELECTRICITY. It shall be unlawful for any

person to catch, take or gather or cause to be caught, taken or gathered fish or

any fishery species in the municipal waters with the use of explosives, noxious or

poisonous substance such as sodium cyanide, which will kill, stupefy, disable or

render unconscious fish or fishery species. The use of poisonous or noxious

substances to eradicate predators and pest in fishponds in accordance with

accepted scientific practices and without causing adverse environmental impact

in neighboring waters and grounds shall not be construed as illegal fishing.

However, any person found liable for the actual use of explosives, noxious or

poisonous substances shall be punished with confiscation of catch including

those not caught illegally if co-mingled with the illegal catch. Offenders shall be

penalized with an administrative fine of Two Thousand Pesos (PhP 2,000.00) or

an imprisonment of not more than six (6) months or both, at the discretion of the

Court.

SECTION 58.5. BAN ON CORAL EXPLOITATION AND EXPORTATION. It

shall be unlawful for any person or corporation to gather, posses, commercially

transport, sell or export ordinary, semi-precious and precious corals, whether raw

or in processed form, except for scientific or research purposes. It shall also be

unlawful for any person, corporation or entity to commit any activity that damage

coral reefs. Violators shall be meted with an administrative fine of Two Thousand

Five Hundred Pesos (PhP 2,500.00). In the case of fishing vessels, the boat


captain, master fishermen, and recruiter or organizer of fish workers, shall be

penalized each with the Php2,500.00 fine, by imprisonment of not more than six

(6) months or both at the discretion of the Court. The offender(s) shall also be

required to pay the cost of restoration of the damaged coral reefs, as may be

determined by the Bureau of Fisheries and Aquatic Resources (BFAR).

SECTION 58.6 BAN ON MURO-AMI, OTHER METHOD AND GEAR

DESTRUCTIVE TO CORAL REEFS AND OTHER MARINE HABITAT. It shall

be unlawful for any person, natural or juridical, to fish with gear or method that

destroys coral reefs, sea grass beds, and other fishery marine life habitat,

“muro-ami” and any of its variation, and the use of similar gears and methods

that require diving, other physical or mechanical acts to pound the coral reefs

and other habitat to entrap, gather or catch fish and other fishery species.

The Offenders shall be imposed fines of Two thousand Five Hundred Pesos

(Php 2,500.00). In the case of vessels, the boat captain, master fisherman, and

recruiter or organizer of fish workers shall be meted with a fine Two Thousand

Five Hundred Pesos (Php 2,500.00) each including the confiscation of catch and

gear or imprisonment of not more than six (6) months or both at the discretion of

the Court..

SECTION 58.7 ILLEGAL USE OF SUPERLIGHTS- It shall unlawful for any

person engaged in fishing to use super lights in the municipal waters. Violators of

this provision shall be meted with a fine of Two Thousand Five Hundred Pesos

(PhP 2,500.00) and imprisonment of not more than six (6) months, and

confiscation of the superlight, fishing gear and vessel.

SECTION 58.8 CONVERSION OF MANGROVES – It shall be unlawful for any

person to convert mangroves areas into fishponds or for any other purpose.

Violators shall be meted with an administrative fine of Two Thousand Five

Hundred Pesos (PhP 2,500.00).

Exceptions- For purposes of this section, the prohibition does not apply to any of

the following:

a. Areas covered by Fishpond Lease Agreement (FLA), Aquasilviculture

Stewardship Contract (ASC) or Gratuitous Permit and other tenurial

instruments;

b. Private property not classified as mangrove forest; and

c. Development activities duly covered and approved by competent

authorities.

SECTION 58.9 FISHING IN MARINE PROTECTED AREAS, FISHERY

RESERVES, REFUGES AND SANCTUARIES. It shall be unlawful to fish in

marine protected areas, fishery reserves, refuge or fish sanctuaries as declared


by the Local Government Unit. Violators shall be penalized with confiscation of

catch and gear and administrative fine in the amount of Two thousand pesos

(PhP 2, 500.00).

SECTION 58.10 GATHERING AND MARKETING OF SHELL FISHES OR

OTHER SPECIES. It shall be unlawful for any person to gather, take, sell,

transfer, possess, commercially transport, export, forward or ship out any

sexually mature shellfish or other aquatic species identified by BFAR to be below

the minimum size, or above the maximum quantities prescribed for the species.

Other parameters for the protection of heavily traded aquatic species may be

promulgated by BFAR. Violators shall be meted a fine of One thousand Pesos

(P 1,000.00), confiscation of the catch and imprisonment of one (1) month and

one (1) day and cancellation of the fishing permit or license.

SECTION 58.11 FALSIFYING, CONCEALING OR TAMPERING WITH VESSEL

MARKING, IDENTITY OR REGISTRATION. It shall be unlawful for any person

to falsify, conceal vessel identity for lack of registration or tamper with the vessel

markings. Violators shall be meted with a fine of Two Thousand Five Hundred

pesos (P2, 500.00) and imprisonment of 3 months and 1 day and suspension or

cancellation of permit or license.

SECTION 58.12 CONCEALING, TAMPERING OR DISPOSING OF EVIDENCE

RELATING TO AN INVESTIGATION OF A VIOLATION. It shall be unlawful for

any person to conceal, tamper or dispose any evidence of an investigation of a

violation(s). The offender shall be punished with suspension or cancellation of

license, administrative fine of Two Thousand Five hundred pesos (PhP 2,500.00)

and imprisonment of 3 months and 1 day.

SECTION 58.13 VIOLATION OF TERMS AND CONDITIONS OF A LICENSE.

Any person, whether natural or juridical, to whom a fishing license has been

issued shall comply strictly with terms and /or conditions thereof. Violation of any

of such terms and /or conditions shall render the licensee liable for a fine of

Three Hundred Pesos (Php 300.00) or imprisonment of 1 month or both.

SECTION 58.14 FISHING BY A PERSON NOT REGISTERED WITH THE

MUNICIPAL REGISTRY. It shall be unlawful for any person who is not registered

with the Registry of Municipal Fisherfolks to engage in any kind of fishing activity

within the Municipal Waters. A person who violates this provision shall be meted

with a fine of Three Hundred Pesos (PhP 300.00) for the 1st Offense, Five

Hundred Pesos (PhP 500.00) for the Second Offense, One Thousand Five

Hundred Pesos (PhP 1,500.00) for the Third Offense and Two Thousand Five

Hundred Pesos for the Fourth and succeeding offenses.

SECTION 58.15 FAILURE TO CARRY LICENSE. The failure of the licensee to

carry a copy of a fishing license while on board the fishing vessel shall render the


fine of One Hundred Pesos (PhP 100.00). In case of fishing vessels with a crew

of more than one the, penalty shall be imposed upon the vessel owner and the

captain or master of the vessel.

SECTION 58.16 FISHING IN A PROHIBITED AREA OR DURING CLOSED

SEASONS. It shall be unlawful for any person to engage in any fishing activity in

any fish refuge/sanctuary within the municipal waters or during closed seasons.

Violators under this provision shall be meted with a fine of Five Hundred Pesos

(PhP 500.00) for the First Offense, One Thousand Pesos (PhP 1,000.00) for the

Second Offense, One Thousand Five Hundred (PhP 1,500.00) for the Third

Offense and Two Thousand Five Hundred Pesos (PhP 2,500.00) for the Fourth

and Succeeding Offenses.

SECTION 58.17 VIOLATION OF TEMPORARY BAN OR CLOSURE. It shall be

unlawful for any person to engage in any fishing activity in violation of a

temporary ban or closure duly declared by the Municipal Mayor. A person who

violates this provision shall be liable for a fine of PhP 500.00 for the First offense,

PhP 1,000.00 for the Second Offense and PhP 1,500.00 for the Third Offense

and PhP 2,500.00 for the Fourth and succeeding offenses.

SECTION 58.18 TAKING OF PROHIBITED SPECIES- It shall be unlawful for

any person to take or have in his possession any of the prohibited fish or aquatic

species. Violators shall be meted with a fine of PhP 2,500.00 including the

forfeiture of catch and fishing equipment used and the suspension or revocation

of his fishing license.

SECTION 58.19 USE OF ACTIVE GEAR WITHIN MUNICIPAL WATERS – It

shall be unlawful for any person or vessel to use active gear within the Municipal

Waters. Violation of this provision shall render an individual fisherman liable for a

fine of 1,000.00 or imprisonment of 3 months. The captain or master, owner, and

/or operator of a fishing vessel used in the commission of this offense shall be

jointly and severally liable as conspirator to the commission of the same act. The

following gears are not covered by the prohibition:

a. Gill nets, other bottom-set gillnets, not more than 500 meters in length

per boat used by registered municipal fisherfolk, which shall be regulated

by the Municipal Agriculture Office;

b. Sudsud” or push net used to catch Acetes sp. “alamang” and stolephorus

sp. “delis” which is operated by a registered municipal fisherfolk/ fisherfolk

cooperative /association, either manually or by the use of a registered and

licensed municipal motorized boat with single piston engine of not more

than sixteen (16) horsepower, during approved fishing season for the

specie, and covered by a management plan duly approved by the

Municipal Agriculture Office.


c. Active gears such as purse seine or “pangulong”, ring net or “taksay

and other gears that do not touch the sea bottom, used by small and

medium commercials fishing vessels authorized by LGU pursuant to

Section 18 of this Code and pertinent rules in fishing in the 10.1 to 15 km.

of the municipal waters only, as reckoned from the general coastline.

SECTION 58.20 USE OF FINE MESH NET - It shall be unlawful to engage in

fishing using nets with mesh smaller than that which may be determined by the

Department: Provided, that the prohibition on the use of fine mesh net shall not

apply to the gathering of fry, glass eels, elvers, tabios, and alamang and other

species that by their nature are small but already mature. The discovery of a fine

mesh net in vessels without the proper permit for use of the same shall constitute

a prima facie presumption that the persons or fishing vessels are engaged in

fishing with the use of fine mesh net. The owner operator, captain or master

fishermen, in case of commercial fishing vessel, or the municipal fisherfolk shall

be meted with the administrative fine of Two Thousand Pesos (Php 2,000.00)

including the confiscation of the catch and fishing gear or imprisonment of six (6)

months or both at the discretion of the Court.

As an exception to this provision, the use of fine mesh net shall be allowed

through a specific gear license or permit for this purpose and only in the following

circumstances:

1. If the net is used to catch: a. Padas (Siganidae), bangus fry (Chanos Chanos), sugpo fry

(Penaeidae), banak fry (Mugilidae) and such other immature species for culture purposes.

b. Aquarium /ornamental animals; and

c. Other specie already mature such as, but not limited to, alamang

(Acetes Spp.) tabio (Pandaca pygmea), sinarapan (Mistichthys

luzonensis), dilis (Engraulidae), and snails (Ampularia Luzanica and

Vivipora spp.).

2. In cases of ring nets, purse seines for sardines, mackerels and scads,

and bag nets, wherein the mesh size is 1.9 centimeters (17 knots),

measured between two opposite knots of a full mesh when stretched:

provided, however, that the operator is required to take measures to

ensure that no Juvenile will be caught.

SECTION 58.21 UNLAWFUL SALE OR POSSESSION OF ILLEGALLY

CAUGHT FISH. It shall be unlawful for any person to possess or engage in

trade of any fish that has been illegally caught. In violation of this ordinance, such

person shall be liable to a fine in the amount of Php 2,500.00 and confiscation of

the catch.

SECTION 58.22 CONSTRUCTIONS OF FISH PENS, CAGES AND TRAPS IN

PROHIBITED AREAS. It shall be unlawful for any person, whether or not in


possession of a valid fishing license, to construct fish pen(s), cage(s), or trap(s)

outside 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. Violation of these provisions shall render the offender liable to a fine in

the amount of Php 100.00 per day that the fish pen, cage, or trap remains in the

Municipal Waters, and/or imprisonment of three (3) months.

A fish pen, cage, or trap constructed or deployed in violation of this section may

be removed or demolished by or upon 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 (15) days reckoned from receipt

of the notice and demand. This shall be without prejudice to subsequent

prosecution, and reimbursement for expenses incurred in removing or

demolishing the prohibited structures.

SECTION 58.23 DESTRUCTIVE FISHING PRACTICES WITHIN MUNICIPAL

WATERS. The use of fishing gears and methods, or any other practices which

cause extensive damage to fish or marine habitat, or indiscriminately kill fish and

aquatic species, are strictly prohibited within the Municipal Waters. These

practices include electro fishing, fishing through the use of explosive, noxious or

poisonous substances, muro-ami and any of its various forms. Violators shall be

meted a fine of Two Thousand Five Hundred Pesos (P2,500.00) and confiscation

of catch or imprisonment of three (3) months and 1 day or both at the discretion

of the Court.

Subsequent to the promulgation of this ordinance, the FRMO is hereby

authorized to determine, based on the available information, what fishing gears,

methods, or practices are to be considered destructive fishing practices. The list

shall be submitted annually to the Sangguniang Bayan, for purposes of inclusion

in the list of destructive fishing gears or methods.

SECTION 58.24 CREATION OF TECHNICAL COMMITTEE. A Technical

Committee is hereby created and authorized to perform the following functions:

a. Assist the Adjudication Committee in determining whether the activity

results to such deleterious effects as to harm living and non-living aquatic

resources, poses potential and /or real hazard to human health, hinders

the conduct of aquatic activities, such as fishing and navigation; or

constitutes dumping/disposal of waste and other marine litters, or

discharge of petroleum, or residual products of petroleum or carbonaceous

materials substances, and other radioactive, noxious or harmful liquid,

gaseous or solid substances, from any water, land or air transport or other

human-made structure;

b. Assist the Adjudication Committee in assessing the extent of damage for

the purpose of imposing the penalty and rehabilitation; and


c. Monitor and ensure compliance with the rehabilitation plan until the area is

fully restored.

SECTION 58.24.1 COMPOSITION OF THE TECHNICAL COMMITTEE – THE

TECHNICAL COMMITTEE SHALL BE COMPOSED OF:

a. A representative from the Environmental Management Bureau of the

Department of Environment and Natural Resources (DENR)

b. A representative from the Philippine Coastguard (Marine Pollution Units)

c. A representative from the NFARMC, to be designated by the NFAMRC;

d. A representative from the NFRDI; and

e. A representative from the academe to be chosen by the academic

institutions.

The members shall be entitled to travel allowance, honorarium, and per

diem for their attendance to the meetings, subject to government accounting

and auditing rules, The Committee may invite experts to assist in the

performance of its functions.

SECTION 58.25 NON-COMPLIANCE WITH COLOR CODING AND

IDENTIFICATION SCHEME. It shall be unlawful for a fishing vessel, duly

licensed with the municipality, not to comply with the prescribed color-coding.

The vessel owners and the captain or master of the vessels shall be jointly and

solidarily liable to a fine in the amount of Php. 1,000.00, or imprisonment of one

(1) month. The license of the vessels shall likewise be subject to immediate

revocation.

SECTION 58.26 FAILURE TO SECURE AUXILIARY INVOICE.

The transportation of fish and fishery products from or to the Municipality shall

render such person liable to a fine of Php.1.00/kl and imprisonment of 2 months

or both at the discretion of the Court

SECTION 58.27 ABANDONED OF FISHING VESSELS OR GEAR. It shall be

unlawful for any person to abandon his/her fishing vessels or gear, or any

aquaculture/ mariculture facility, in the municipal waters for any reasons other

than force majeure. Violation of this provision shall render such person liable to a

fine in the amount of Php 2,000.00 pesos or imprisonment 1 month or both at the

discretion of the Court.

SECTION 58.28 OBSTRUCTION OF FISHERY ENFORCEMENT OFFICER-

The fishing vessel owner, master or operator or any other person acting on his

behalf of any fishing vessels who assaults, resists, intimidates, harasses,

seriously interferes with, or unduly obstruct or delays a fishery law enforcement

officer, authorized inspector or observer, the deputized fish warden of the LGU,

and any person who does not allow any authorized officer or an observer to


exercise any of his legal duties shall be deemed to be obstructing that officer or

persons. The offender shall be subject to the cancellation of his fishing license or

permit and shall be meted an administrative fine of Two thousand Five Hundred

Pesos (P2,500.00) and imprisonment of six (6) months.

SECTION 58.29 PROSECUTION UNDER THIS ORDINANCE AND THE

NATIONAL LAW. Where a person commits an act or omission which is

punishable under the provisions of both this Ordinance and the Fisheries Code or

other national laws, the FRMO shall have the option of determining where the

appropriate complaint is to be filed and lodged before any investigative and

prosecutorial offices of the government, as well as the proper forum where such

complaint shall be made. A person 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 58.30 INJUNCTION AS PART OF PENALTY. Where a person is

convicted in court for an offense under this ordinance, in addition to any

punishment imposed with regards to the nature of the offense and the

circumstances surrounding its commission, the court may issue an order

containing any one or more of the following prohibitions, directions or

requirements:

a. Prohibiting the person from doing any act or engaging in any activity that,

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 to

remedy or 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 municipal government an amount of money

as compensation, in whole or in part, for the cost of any remedial or

preventive action taken by or case to be taken on behalf of the municipal

government 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 the court considers appropriate for the purpose of ensuring

compliance with any prohibition, direction, or requirement of the order;

f. Requiring the person’s to comply with any other conditions that the court

considers appropriate for securing the person’s good conduct and for

preventing the persons from repeating the offense or committing other act

prescribed by the ordinance.

SECTION 58.31 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 an official receipt

for the confiscated catch. Thereafter, the same shall be disposed of, through sale

at public auction or donation to charitable institutions. In the case of sale, the

proceeds shall be held in trust by the FRMO until final determination of the case

filed against the offender. In the event that the case is ruled in favor to the Local

Government Unit, the funds in trust shall accrue to the General Fund.

SECTION 58.32 IMPOSITION OF FINES AND PENALTIES, WITHOUT

PREJUDICE TO ADMINISTRATIVE SANCTIONS AND INDEMNITY. The

imposition of fines and penalties as punishment for violation of the provisions of

this ordinance is without prejudice to administrative sanctions which may be

imposed upon an offender for the purpose of fully or partially recovering the loss

in revenue and /or cost incurred by the Local Government Unit on account of the

violation, and indemnity to compensate for the loss of, damage to, and or cost of

rehabilitation of, the fisheries and aquatic resources of the municipality, sanctions

and /or indemnity shall be determined by the FRMO, and substantiated by

records and receipts, copies of which shall be furnished to the offender.

SECTION 58.33 ADMINISTRATIVE INVESTIGATION. The FRMO is hereby

authorized to conduct hearings for the purpose of investigating and imposing

administrative sanctions and indemnity against any person apprehended within

the municipal waters and accused of violating any provision of this ordinance.

Such hearing shall be summary and non-litigious in nature and shall be

concluded within (15) days from the time the case is filed for investigation.

Failure to appear at the administrative shall result in the rendition of summary

judgment against the offender, and the immediate filing of the appropriate

criminal cases before the regular court.

SECTION 58.34 CONTESTED CASES. If the decision of FRMO is contested by

the offender, the same may be appealed to the Fisheries Arbitration Committee

within seven (7) days from rendition of the decision. The FRMO and the offender

shall each choose one member from the respected citizens of the municipality

who are of known probity, integrity, and good standing; while the third shall be

chosen from the Committee on Fisheries of the Sangguniang Bayan or its

equivalent Committee. The contested case shall be forwarded to the Fisheries

Arbitration Committee for discussion within fifteen (15) days from receipt of the

notice of appeal. The decision of the Arbitration Committee shall be final and

executory.

SECTION 58.35 IMPOUNDMENT OF FISHING VESSELS AND /OR GEAR. The

fishing vessels or gear used in committing a violation of this Ordinance shall be

impounded by the municipality, through the FRMO, pending resolution of the

administrative investigation against the offender. The offender shall be issued an

official receipt for the items impounded, and shall bear the cost of storage and up

keep, and a security bond in the amount of the fair market value of such vessel


or gear, are paid or deposited with the FRMO, to answer for any administrative

sanction or indemnity that may be imposed; provided, that items which are

deemed illegal, such as dynamite, noxious and poisonous substances, and

electro fishing gear, among others, shall not be released except upon lawful

order of the court before which the criminal case is pending; Provided further,

that should the offender is subsequently found guilty of the offense, the inherently

illegal items shall be disposed of or destroyed.

SECTION 58.36 REVOCATION OF LICENSE – Any person found to have

violated the terms and conditions of a valid license in his favor shall be required

to surrender the license to the FRMO, which shall thereafter revoke the same for

the remainder of the term of the license. Such license shall not be renewed

unless the license has paid all administrative sanctions and indemnity that may

have been imposed for the violation.

SECTION 58.37 OTHER SANCTIONS AND /OR INDEMNITY. The Municipal

Mayor, upon recommendation of the FRMO, may prescribe other administrative

sanctions or indemnity by means of an executive order, Provided, that the same

shall have been subjected to consultation with the MFARMC. The Municipal

Mayor is hereby empowered to impose upon the offender an administrative fine

of not more than Php 2,500.00 including the confiscation of fishing gears and fish

catch, or the cancellation of his license or permit or to impose upon such at the

discretion of the Mayor. Fish and other fishery resources found gathered/ caught

illegally should be seized and confiscated immediately. For fishery resources fit

for human consumption, the seized and confiscated fishery resources shall be

donated to penal or charitable institutions, at the discretion of the Office of the

Municipal Mayor.

ARTICLE X

GENERAL PROVISIONS

SECTION 59. PERSONS AND DEPUTIES AUTHORIZED UNDER THIS

ORDINANCE AND FISHERY LAWS, RULES AND REGULATIONS. The law

enforcement officers of the Department, the Philippine Navy, the Philippine

National police (PNP), PNP-Maritime Command, law enforcement officers of the

LGUs and other government agencies, are hereby authorized to enforce this

Code and other fishery laws, rules, rule and regulations. Other competent

government officials and employees, punong barangays and officers and

members of fisherfolk associations who have undergone training on law

enforcement may be designated in writing by the Department as deputy fish

wardens in the law enforcement of this Code and other fishery laws, rules and

regulations.


SECTION 60. CONVERSION OF FINES AND PENALTIES. The Municipal

Mayor may allow the conversion of penalties imposed under this Ordinance to

Community Service, where he deems appropriate and applicable.

SECTION 61. MANDATORY REVIEW. The Sangguniang Bayan undertake the

mandatory review of this ordinance at least once every 3 years or as often as it

may deem necessary, to ensure that coastal and fisheries policies and guidelines

remain responsive to the changing circumstances.

SECTION 62. APPROPRIATION. The sum necessary to effectively carry out the

provisions of this ordinance during the first years of its implementation shall be

allocated from the budget of the Municipal Agriculture Office.

SECTION 63. FORMULATION OF IMPLEMENTING RULES AND

REGULATIONS. Formulation of implementing rules and regulations should be

within 2 months after the approval of this Municipal Comprehensive Fishery

Ordinance. The Municipal Mayor shall convene and create Oversight Committee,

the members of which shall come from any of the Department of the Local

Government Unit. The Committee shall submit its report and recommendation to

the Municipal Mayor within two (2) months after its organization. The Local Chief

Executive will review, evaluate formally act and approve the said report.

SECTION 64. REPEALING CLAUSE. All previous ordinance, executive orders, rules and regulations or parts thereof, which are inconsistent with this ordinance, are hereby repealed and modified accordingly.

SECTION 65. SEPARABILITY CLAUSE. If, for any reason, any part or provision of this ordinance shall be held unconstitutional or invalid, other continues to be in full force and in effect.

SECTION 66. EFFECTIVELY CLAUSE. This shall take effect ten (10) days after a copy thereof is posted in a bulletin board at the entrance of at least three (3) conspicuous places in this Municipality

ENACTED: 17 OCTOBER 2017.

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