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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
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
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:
Series of 2016
SECTION 1. SHORT TITLE- This Ordinance shall be known as the SALAY
Ordinance No. 6 Series of 2016 Page 3
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.
Ordinance No. 6 Series of 2016 Page 4
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
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.
Ordinance No. 6 Series of 2016 Page 5
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
Ordinance No. 6 Series of 2016 Page 6
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.
Ordinance No. 6 Series of 2016 Page 7
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
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
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.
Ordinance No. 6 Series of 2016 Page 8
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
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
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.
Ordinance No. 6 Series of 2016 Page 9
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
Ordinance No. 6 Series of 2016 Page 10
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
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
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;
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.
Ordinance No. 6 Series of 2016 Page 11
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.
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
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
Ordinance No. 6 Series of 2016 Page 12
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:
(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;
with, or unduly obstructing or delaying a fisheries law enforcer,
authorized inspector or observer or other duly authorized
government officer;
system; and
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.
Ordinance No. 6 Series of 2016 Page 13
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
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.
Ordinance No. 6 Series of 2016 Page 14
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.
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”
Ordinance No. 6 Series of 2016 Page 15
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;
MBM No. 1
PB 10 021
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
Coastline length: 8.2 Kilometers/8,189.70 meters
Department of Environment and natural Resources
National Mapping and Resources information Authority
February 07, 2014.
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.
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.
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;
Ordinance No. 6 Series of 2016 Page 16
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.)
Location; Brgy. Poblacion
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
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;
Ordinance No. 6 Series of 2016 Page 17
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.
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. 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.
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.
Ordinance No. 6 Series of 2016 Page 18
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.
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.
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.
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
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.
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.
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.
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.
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;
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.
Ordinance No. 6 Series of 2016 Page 20
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.
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;
Ordinance No. 6 Series of 2016 Page 21
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
5. The Sangguniang Bayan through a resolution shall award the exclusive
fishery privilege upon compliance of the applicant(s) with all the necessary
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.
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
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.
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;
3. Use of dummies;
4. Failure to comply with local or national laws, rules and regulation; and
Ordinance No. 6 Series of 2016 Page 22
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.
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
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
7. Boundary 13.77 Has
2. Core Zone:
3. BUSLO Cave
4. Boundary
5. Marine Sanctuaries
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
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
Ordinance No. 6 Series of 2016 Page 24
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.
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
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:
Ordinance No. 6 Series of 2016 Page 25
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.
Ordinance No. 6 Series of 2016 Page 26
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.
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.
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.
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
Ordinance No. 6 Series of 2016 Page 27
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.
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.
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.
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.
Ordinance No. 6 Series of 2016 Page 28
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.
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
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.
regularly by the Local Government Unit.
OPERATE FISH CAGE. The following shall be grounds for the rejection of
application and cancellation of permit for license to construct and operate fish
a. Fraudulent, false and misleading statements in the application;
b. Failure to comply with the provision of existing national laws and local
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;
Ordinance No. 6 Series of 2016 Page 29
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
firms of corporation)
e. Barangay Clearance
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
Non-motorized ----------------------------- Php. 50.00/year
Motorized 10.1 hp -16 hp ----------------------------- Php.160.00/year
Ordinance No. 6 Series of 2016 Page 30
Motorized (16.1 hp and above) ----------------------------- Php.200.00 /year
Hook and Line ----------------------------- Php.100.00/year
Spear fishing ----------------------------- Php.120.00/year
Fish Corrals ----------------------------- Php.150.00/year
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.
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.
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 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
Ordinance No. 6 Series of 2016 Page 31
Provided, that boats taking refuge or shelter due to natural calamities such as
typhoon shall be exempted from the provision of this section.
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.
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.
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
Ordinance No. 6 Series of 2016 Page 32
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
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.
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.
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.
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
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.
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)
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
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.
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.
Ordinance No. 6 Series of 2016 Page 35
f. Exercise such other powers and performs such duties and functions as may
be delegated by the Municipal Mayor.
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.
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
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.
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
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.
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.
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
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.
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;
Ordinance No. 6 Series of 2016 Page 37
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.
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 amb