I.

Background

The definition of "municipal waters" as defined in Section 4 (58) the Fisheries Code of
1998 (RA 8550), include not only streams, lakes, inland bodies of water and tidal waters
within the municipality which are not included within the protected areas as defined
under Republic Act No. 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) kilometers from such coastline. Where two (2)
municipalities are so situated on opposite shores that there is less than thirty (30)
kilometers of marine waters between them, the third line shall be equally distant from
opposite shore o f the respective municipalities.

Coastal Resources are natural resources found in the coastal zone including those found
in inland waters as described and defined in Section 4 (9) of theRepublic Act 8550,
defines the coastal zone as a "band of dry land and adjacent open space (water submerged
land in which terrestrial processes and uses directly affect oceanic processes and uses,
and vice versa; its geographic extent may include areas within a landmark limit of 1 km
from the shoreline at high tide to include mangroves, swamps, brackish water ponds, nipa
swamps, estuarine rivers, sandy beaches, and other areas with a seaward limit of 200 m
isobath to include coral reefs, algal flats, seagrass beds, and other soft-bottom areas”.
This definition does not include rivers and inland bodies of water, which are included in
RA 8550.

Most municipal fisheries and coastal resources are regarded as “common resource” where
open access are exercised and practiced with three characteristics namely not regulated,
no limitations to harvest and not appropriately delineatedfor protection, conservation and
management of these fisheries and coastal resources. Hence, zonation of the different
fisheries and coastal resources in the municipal waters must be delineated in accordance
to its needs and importance in order to achieve sustainable development and
management. Thus, the Sangguniang Bayan of this municipality had constituted and
promulgated legislationto this effect as the legal basis for strong, functional, effective and
efficient implementation towards sustainable protection, conservation, and management
of the delineated fisheries and coastal resources use zones. For details, please refer the
Municipal Resolution and Ordinanceprepared by the concerned author (Group 1-MFM
603 Students) presented below in relation to the policy development and implementation
procedures.

Republic of the Philippines

Province of Surigao del Sur
Municipality of San Agustin

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE 10 TH REGULAR SESSION OF

THE MEMBERS OF THE SANGGUNIANG BAYAN OF SAN AGUSTIN,
SURIGAO DEL SUR HELD AT MUNICIPAL SESSION HALL ON
SEPTEMBER 2017.

PRESENT:

Hon. Mamerta P. Milo Municipal Vice Mayor

Presiding
Hon. Aldrid T. Dagondon SB Member
Hon. Nicolas L. Alicante SB Member
Hon. Felismeno G. Simplicio SB Member
Hon. Alex L. de Guzman SB Member
Hon. David A. Lamela SB Member
Hon. Sebastian A. Campos Jr. SB Member
Hon. Jorge M. Osorio SB Member
Hon. Francisco R. Avila SB Member
Hon. Julius O. Corvera Ex-Officio Member
Pres. Lega ng Barangay

MUNICIPAL ORDINANCE NO. 35-2017

AN ORDINANCE ESTABLISHING ZONES IN THE MUNICIPAL WATERS OF SAN

AGUSTIN, PROVIDING FOR THE DEVELOPMENT, MANAGEMENT,
PROTECTION, CONSERVATION OF THE COASTAL AND FISHERY
RESOURCES, ALLOCATING FUNDS THEREON, DEFINING THE PROHIBITED
ACTS AND IMPOSING PENALTIES FOR VIOLATION THEREOF.

Whereas, It shall be the policy of this municipality that the fisheries and
 coastal resources of San Agustin, Surigao del Sur shall be under a
regulated access policy for the exclusive use and enjoyment of the
citizens;

Whereas, That paragraph (a) of Section 149. Fishery Rental, Fees and Charges of
RA 7160 provides that municipality shall have the exclusive authority to
grant fishery privileges in the municipal waters and impose rentals, fees or
privileges in the municipal waters and impose rentals, fees, or charges
thereof in accordance with the provisions of this Section;

Whereas, That sec. 51 of Ra 8550 provides that LGUs shall issue license to
individual person to operate fish pens, fish cages and other structures for
the culture of fish and other fishery products only within established zones
duly designated in consultation with FARMCs;

Whereas, That Sec. 53 of RA 8550 provides that LGUs shall grant municipal
fisherfolk and their organization the privileges to operate fish pens, cages,
corrals/traps and similar structure in the designated zone within the
municipal waters;

Be it Enacted
By the Sangguniang Bayan in Session Assembled

Chapter I

Title

Section 1. Title. This ordinance shall be known as the Municipal Coastal

Resources Use Zones of San Agustin, Ssurigao del Sur, which shall be
implemented pursuant to the implementing Rules and Regulations of the
Philippine Fisheries Code of 1998, R.A. 8550 and the Local Government Code of
1991, R.A. 7160.

Chapter II

Declaration of Policy & Definition of Terms

Section 2. Declaration of Policy

It shall be the policy of this municipality that the fisheries and coastal resources of
San Agustin, Surigao del Sur shall be under a regulated access policy for the
exclusive use and enjoyment of Filipino citizens;

It shall be the policy of this municipality to achieve food security as the

overriding consideration in the utilization, management, development,
conservation, and protection of fisheries and coastal resources in order to provide
the food needs of the population;.

It shall be the policy of this municipality to grant all sectors the privilege to utilize
fisheries and coastal resources under the basic concept that the grantee, license, or
permittee thereof shall not only be a privilege beneficiary of the municipality but
also an active partner and participant in the sustainable development,
conservation, management, and protection of the fisheries and coastal resources of
the municipality;

Section 3. Definition of Terms

As used in this code, the following terms and phrases shall mean as follows:
1. Ancillary Industries – firms, corporations, and cooperatives related to the
supply, construction and maintenance of fishing vessels, gears, nets and other
fishing paraphernalia; fishery machine shops, and other facilities such as
hatcheries, nurseries, feed plants, cold storage and ice plants, processing plants
and other post harvest facilities.
2. Aquaculture – fishery operations involving all forms of raising and culturing of
fish and other fishery species in fresh, brackish and/or marine water areas.
3. Aquatic Pollution – the introduction by human or machine, directly of indirectly,
of substances or energy to the aquatic environment which result or is likely to
result in such deleterious effect as to harm living or non-living aquatic resources,
pose potential and/or real hazard to human health, hindrance to aquatic activities
such as fishing, navigation, including dumping/disposal of waste and other marine
litters, discharge of petroleum or residual products of petroleum or carbonaceous
materials/substances, and other radioactive, noxious or harmful liquid gaseous or
solid substances, from any water, land or air transept or other human made
structure. Deforestation, unsound agricultural practices such as the use of banned
chemicals, intensive use of artificial feeds, and wetland conversation, which cause
similar hazard and deleterious effect, shall also constitute aquatic pollution.
4. Aquatic Resources - include fish, other aquatic flora and fauna and other living
resources of the aquatic environment, including but no limited to salt and corals;
5. BFAR – Bureau of Fisheries and Aquatic Resources;
6. CFBL – Certificate of Fishing Boat License;
7. CFBGL – Certificate of Fishing Boat and Gear License;
8. Closed Season – the period during which the taking of specified fishery species is
prohibited in an area of the municipal waters;
9. Commercial Fishing – the taking of fishery species by passive or active gear for
trade, business of profit beyond subsistence or sports fishing, to be further
classified as follows:

a. Small Scale Commercial Fishing – fishing with passive or active gear

utilizing fishing vessel of 3.1 to 20 GT;
b. Medium Scale Commercial Fishing – fishing with active gear utilizing
fishing vessel of 20.0 to 150 GT;
c. Large Scale Commercial Fishing – fishing with active gear utilizing
vessels or more than 150.1 GT;

10. Coastline – refers to the outline of the mainland shore touching the sea at mean
lower tide;
11. Coral Reef – a natural aggregation of coral skeleton, with or without living coral
polyps, occurring in intertidal and subtidal marine waters;
12. Destructive Fishing Method – method of fishing that scrape the bottom of the
sea/ocean floor thus destroy fish habitat and coral reefs such as beach seine
(Baling, Sarap, Daclis, Pukot, Sinsoro, saog-saog), Danish seine (buli-buli,
zipper-zipper, likisan, hulbot-hulbot, giant), bottom trawl (palupad, koto-koto,
galadgad, panghipon), drive-in net, (paaling, muro-ami, pamarungoy) motorized
push net, (dalungkitan, sudsod), dredge fishing (karkar, pangahig) are not allowed
to be used in the municipal waters of this municipality;
13. Demarcated Areas – boundaries defined by marker such as buoys and assigned
exclusively to specific individuals or organizations for certain specified and
limited use such as:
a. Mangrove plantation or reforestation, catching or taking of bangus fries or
fry of other species, culture of oysters and green mussels, sea weed farms,
fish shelter, and fishing with the use of hook and line;
b. Fish culture in fish pens, fish cages, sea ranching, fish traps, fish attracting
and aggregating devices such as artificial reefs and payaos;
c. And etc.
14. DENR – Department of Environment and Natural Resources;
15. Department – Refers to Department of Agriculture;
16. FARMC – Fisheries and Aquatic Resources Management Council;
17. Fee – an amount fixed by law or ordinance for the regulation of fishing activity;
18. Fine mesh net – net with mesh size of less than three (3) centimeters measured
between two (2) opposite knots of a full mesh when stretched or as otherwise
determined by appropriate government agency;
19. Fish and Fishery/Aquatic Products – include not only pinfish but also mollusk,
crustaceans, echinoderms, marine mammals, and all other species of aquatic flora
and fauna and all other products of aquatic living resources of any form;
20. 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 of
various types of anchors and floats;
21. Fish Corral or “Bungsod” – a stationary wire or trap devised to intercept or
capture fish consisting of rows of bamboo stakes plastic nets and their materials
fenced with split bamboo matting or wire matting with one or more enclosure,
usually with easy entrance but difficult exit, and with or without leaders to direct
the fish to the catching chambers, purse or bags;
22. Fish Fingerlings – a stage in the life cycle of fish measuring to about 6-13 cm.
depending on the species;
23. Fish Fry – a stage at which a fish has been hatched usually with size from 1-2.5
cm;
24. Fish Pen – an artificial enclosure constructed within a body of water for culturing
fish made up of poles closely arranged in an enclosure with wooden materials,
screen or nylon netting to prevent escape of fish;
25. Fisher folk – people directly or personally and physically engaged in taking
and/or culturing and processing fishery/aquatic resources;
26. Fisheries – refers to all activities relating to the act or business of fishing,
culturing, preserving, processing, marketing, developing, conserving and
managing aquatic resources and fishery areas, including the privilege to fish or
take aquatic resource thereof;
27. Fisheries Administrative Order (FAO) – a document issued by the department
for the regulation of any fishing activity;
28. Fisherman – a person who directly catch or culture fish classified as:

a. Subsistence fisherman – is a person that catch or culture fish to support

their household needs without producing a significant surplus for trade;
b. Municipal fisherman – is a person that catch or culture fish for trade,
business or profit using non-destructive municipal fishing gears with boat
of less than 3 gross tons;
c. Commercial Fisherman – is a person that catch or culture fish for trade,
business or profit with the use of commercial scale fishing boats;

29. Fisherman/Fisherfolk Cooperative – a duly registered association of

fisherfolk/fisherman with a common bond of interest, who has voluntarily joined
together to achieved a lawful common social or economic end, making equitable
contribution to the capital requirement accepting a fair share of the risks and
benefits of the undertakings in accordance with the universally accepted
cooperative principles;
30. Fisherman/Fisherfolk Organization – an organized group, association,
federation, alliance or an institution of fisherfolk/fisherman which has at least
fifteen (15) members, a set of officers, a constitution and by-laws, an
organizational structure and a program of action;
31. Fishery Ordinance – shall mean the basic municipal fishery ordinances of this
municipality;
32. Fishery Refuge and Sanctuary – a designated area where fishing and other
forms of activity/ies that may damage the ecosystem of the area are prohibited
and human access maybe restricted; also known as marine protected area;
33. Fishery Reserve – a designated area where activities are regulated and set aside
for educational and research purposes;
34. Fishing – the taking of fishery species from their wild state or habitat with or
without the use of fishing vessel;
35. Fishing Gear – any instrument or device and its accessories utilized in the taking
of fish and other species classified as follows:
 a. Active Fishing Gear – is a fishing device characterized by gear
movements, and or the pursuit of the target species by towing, lifting, and
pushing the gears, surrounding, covering, dredging, pumping, and scaring
the target species to impoundment;
b. Passive Fishing Gear – is characterized by the absence of gear movements
and/or the pursuit of the target species, such as but not limited to, hook
and line, traps and gill nets.

36. Fishing License – a document that qualifies a

person/corporation/co-operative/association to operate fishing activity in
municipal water for a specific duration including fish pond, private or leased
public land;
37. Fishing Operator – a person or duly registered
corporation/cooperative/association who are directly engage in the taking and/or
catching, culturing and processing fishery and/or aquatic resources, gather bangus
fry and fry of other species, construct and operate fish coral/pond/trap/farming
and other fishing activities;
38. Fishing Vessel/Boat – any boat, ship or other watercraft equipped to be used for
taking of fishery species or aiding or assisting one 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;
39. 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 in fish pens, fish cages, fish corals/traps
fishponds, prawn farms, sea farms, salt beds, fish sports, fishing boat or trawlers,
or fish processing and/or packing plants. Excluded from its category are
administrators, security guards and overseers.
40. Food Security – refers to any plan, policy or strategy aimed at ensuring adequate
supplies of appropriate food at affordable prices. Food security maybe achieved
through self sufficiency (i.e. ensuring adequate food supplies through a
combination of domestic production and importation), or through pure
importation.
41. Gross Tonnage (G.T.) – includes the under deck tonnage, permanently enclosed
spaces above the tonnage deck, except for certain exemptions. In broad term all
the vessel’s “closed in” spaces expressed in volume terms on the bases of one
hundred cubic feet that equals to one gross tons;
42. Illegal Fishing – the taking of fishery species from their wild state or habitat with
the use of explosives, noxious/poisonous substances, electricity, and muro-ami
and any of its variation as defined in RA 8550 declared as deleterious method of
fishing;
43. Limited Access – a fishery policy by which a system of equitable resource use
and allocation is established by law through fishery rights granting and licensing
procedure as provided by RA 8550;
44. Mangroves – a community of interdial plants including all species of trees,
shrubs, vices and herbs found on coasts, swamps, or border of swamps;
45. Mariculture Parks/Zone- refers to the designated areas where all cultivable fish,
shellfish, echinoderms, among others are cultured with considerations of its
ecological carrying capacity;
46. Marine Protected Area – refers to fishery sanctuary;
47. Migratory Species – refers to any fishery species which in the course of their life
could travel from fresh water 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 fresh water area to

spawn;
b. Catadromous Species – freshwater fishes which migrate to marine areas to
spawn;

48. Monitoring, Control and Surveillance

a. Monitoring – the requirement of continuously observing:

 1) fishing effort which can be expressed by the number of days or
hours of fishing, number of fishing gears and number of
fisherfolk;
2) characteristic 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.
49. Municipality – shall mean the municipality of VincenzoSagun, Zamboanga del
Sur, Philippines.
50. Municipal Fisheries and Aquatic Resources Section (MFARS) – a section
under the Municipal Agriculture Office (MAO) in the municipal government
whose function is to implement the development programs specifically for
fisheries and this code; Further, this section will be headed by the Municipal
Fisheries and Aquatic Resources Officer.
51. Municipal Waters – include not only streams, lakes, inland bodies of water and
tidal waters within the municipality which are not included within the protected
areas as defined under RA 7586 (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 the points where the
boundary lines of the municipality touches the sea at low tide and a third parallel
line parallel with the general coastline including offshore islands and fifteen (15)
kilometers from such coastline;

Inland waters:
Rivers
Streams/Creek
Lakes
Marine waters

52. Post harvest Facilities – these facilities include, but are not limited to, fish port,
fish landing, ice plants and cold storage, fish processing and drying plants;
53. Resource Rent – the difference between the value of the product’s produced from
harvesting a publicly owned resource less the cost of producing it, where costs
includes the normal return of capital and normal return of labor;
54. 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 sea weed and seagrass;
55. Sea Ranching – the release of the young of fishery species reared in hatcheries
and nurseries into natural bodies of water for subsequent harvest and maturity or
manipulation of fishery habitat, to encourage the growth of the wild stocks;

Chapter III

Zonation and Utilization of Fisheries and Coastal Resources

Section 4. Zonation of the Municipal Fisheries and Coastal Resources

The municipal fisheries and coastal resources are hereby classified and fully
delineated according to the following major coastal resources zones as listed the
hereunder sections:

Section 4.1 Fish Landing/ Port Zone and Post Harvest Facilities Zone

Fish Landing, Post Harvest Facilities, Commercial Trading of fish and other
fishery related activities should be done only within the “designated zone” (For
details please refer to the attached Coastal Resources Use Zones Map) where the
above-mentioned facilities are constructed, developed and managed; wherein all
 fish catch and other fishery products entering to the municipality shall land and
unloaded, and inspected by the Municipal Fisheries and Aquatic Resources
Section before the same are offered for sale to the public.

Section 4.2 Mariculture Zone

Mariculture zone are delineated within the municipal waters of San Agustin,
which have a considerable distance from the areas declared as marine sanctuary,
eco-tourism, navigational and fishing grounds (Please refer attached Coastal
Resources Use Map for details). All subproject related to cultivable fish,
shellfishes, seaweeds, echinoderms, among others are required to be implemented
at the designated zones. Provided, that the marine habitats (mangroves, corals and
seagrasses) will not be destroyed and no movement of rocks, dead, live corals and
other aquatic plants.

Section 4.3 Mangroves Conservation & Rehabilitation Zone

Both natural grown and planted mangroves are delineated as mangrove

conservation zones as per Section 49 of RA 8550 and DENR-DAO 30 in order to
preserve and conserve the existing and planted mangroves trees including
reversion of abandoned and unproductive fishpond to mangrove forest
rehabilitation and conservation. However, in case the municipality will engage in
Aquasilviculture Project through the concerned lead and partner
agencies/institutions; portion of these areas shall be delineated and appropriately
utilized in favor of the subject project. Provided, no cutting of mangroves trees
policy shall be observed, practiced and enforced thereof.

Section 4.4 Marine Protected Areas and Marine Sanctuaries Zone

The municipality shall establish fish refuge and sanctuaries to be administered in

the manner to be prescribed by the BFAR at least twenty-five percent (25%) but
not more than forty percent (40%) of bays foreshore lands, continental shelf or
any fishing ground shall be set aside for the cultivation of mangroves to
strengthen the habitat and the spawning grounds of fish. Within these areas no
fishing shall be allowed. Provided, however, that in municipal waters, the
concerned LGU in consultation with the FARMCs may establish fishery refuge
and sanctuaries: The FARMCs may also recommend fishery refuge and
sanctuaries: Provided, further, that at least fifteen percent (15%) where applicable
of the total coastal areas in each municipality shall be identified, based on the best
available scientific data and in consultation with the Department, and
automatically designated as fish sanctuaries by the LGUs in consultation with the
concerned FARMCs

Section 4.5 Eco-Tourisms Zone

The LGU in coordination with the Department of tourism and other concerned
agencies and FARMCs shall establish ecotourism zone, which have considerable
distance from the designated areas for marine sanctuaries, mariculture parks,
fishport/landing and other designated coastal resources development zones.
Provided that the eco-tourism activities will likewise support other different
coastal resources zones delineated for its corresponding purposes and provide an
avenue in enhancing the socio-economic and environmental development
processes toward sound coastal resources management strategies.

Section 4.6 Municipal Fishing Zone

The municipal fishing zone is an area within the marine waters included between
two (2) lines drawn perpendicular to the general coastline from the points where
the boundary lines of the municipality touches the sea at low tide and a third
 parallel line parallel with the general coastline including offshore islands and
fifteen (15) kilometers from such coastline (RA 8550). All fisheries related
activity in the above subject zone shall be utilized by the municipal
fisherfolk/fisherman and their organization listed as such in the Registry of
Municipal Fisherfolks. Provided, that in the absence of such organization/s or
their failure to exercise their preferential right, other parties shall be granted
fishing privilege pursuant to the provisions of RA 7160 and RA 8550. Provided,
further the above subject fishing activities are prohibited to operate within the
delineated areas like mangroves conservation and rehabilitation zone, marine
sanctuaries, mariculture park zones and eco-tourism zones.

Section 4.7 Commercial Fishing Zone

Commercial Fishing Zones are areas located beyond 15 kilometers from the
shoreline of the municipalities where commercial fishing vessels are allowed to
operate. Such vessels are equipped with sophisticated facilities to be used for
taking of fishery species or aiding or assisting one 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.

Section 4.8 Navigational Zone

The navigational zone is an allocated for the purpose of free navigation to all sea
ferries within and outside the municipal waters. Navigational zones are very
important more particularly in areas where mangroves conservation and
rehabilitation zones, marine sanctuaries, recreational and eco-tourism zones, and
mariculture park zones are established allocated in order to protect and conserve
its corresponding purpose and interest. This will further promote orderliness and
safe navigational activities of all sea ferries within the municipality.

Chapter IV

Implementation Guidelines and Procedures of the Fisheries and Coastal Resources

Use Zones Management

The Municipal Mayor, through the legislation of the Sangguiniang Bayan, shall establish
a Municipal fisheries and Aquatic Resources Section for the effective implementation of
this ordinance. It shall take effect fifteen (15) days after its publication to Local
Newspaper or posting to at least five (5) conspicuous places of every barangay being
affected.

Section 4.9 Establishment of Post-Harvest Facilities for Fishing Communities.

The LGUs shall coordinate with the private sector and other concerned agencies
and FARMCs in the establishment of post-harvest facilities for fishing landing
sites, fish ports, ice plants and cold storage and other fish processing
establishments to serve primarily the needs of municipal fisherfolk: Provided, that
such post-harvest facilities shall be consistent with the Comprehensive Post-
harvest and Ancillary Industries Plan.

Further, the Sangguniang Bayan shall determine and establish fish landing points
and establish fish market in the municipality where all fish catch and other sea
products entering the municipality shall land and unloaded, and inspected by the
Municipal Fisheries and Aquatic Resources Section before the same are offered
for sale to the public.

Section 5.0 Registration and Licensing of all Post-Harvest Facilities. - All

post-harvest facilities such as fish processing plants, ice plants, and cold storage’s,
fish ports/landings and other fishery business establishments must register with
 and be licensed by the LGUs, which shall prescribe minimum standards for such
facilities in consultation with the Department.

Section 5.1 Establishment of Mariculture Park Zones. The LGUs shall

coordinate with the private sector and other concerned agencies and FARMCs in
the establishment of Mariculture Park Zone to serve primarily the needs of
municipal fisherfolk and other private investors in order to engage in fish
production through responsible aquaculture practices towards attaining food
security. Provided, that such Mariculture activities shall be consistent with the
Comprehensive Mariculture Management Plan.

Section 5.2 Establishment of Mangrove Conservation and Rehabilitation

Zones.

The municipal government in cooperation with the Municipal Fisheries and

Aquatic Resources Council and the people and their organizations in the adjacent
barangays where the mangroves are located shall promote the proper management
of mangrove areas in the municipality. Provided that the municipal government
shall develop a program that will promote and ensure community participation in
the rehabilitation and management of existing mangrove areas. While waiting for
the formulation of the mangrove development program, the MFARS shall
immediately take steps for the restoration of all abandoned, undeveloped, or under
utilized fishponds or areas to their original mangrove states. The DENR, in
coordination with the Department, LGUs, other concerned agencies and FARMCs
shall determine which abandoned, undeveloped or underutilized fishponds
covered by FLAs can be reverted to their original mangrove state and after having
made such determination shall take all steps necessary to restore such areas in
their original mangrove state.

Section 5.3 Marine Protected Areas and Marine Sanctuaries

The Sangguniang Bayan shall, through an ordinance, establish areas reserve for
fish refuge and sanctuaries of not more than fifteen percent (15%) of the
municipal waters of this municipality.

Such area shall be declared as Fishery Reservation, Fish Refuge and Marine
Sanctuary, to be managed by any of its concerned political subdivisions, agencies,
or instrumentalities for the culture and propagation of fish and other aquatic
species, for the preservation, conservation, protection, educational research and
scientific purposes, and where all kinds of fishing activities shall be prohibited.

Section 5.4 Eco-tourisms Zone

The Sangguniang Bayan shall, through an ordinance, establish areas intended for
Eco-tourism and recreational zone within the selected feasible areas of the in the
coastal areas within this municipality as per defined and allocated in the fisheries
and coastal resources use zone map. Such area shall be declared as Eco-tourism
zone to be managed by any of its concerned political subdivisions, agencies, or
instrumentalities for the culture of aesthetic coastal and marine biodiversity
necessary for tourist attraction, recreational and educational research and
scientific purposes are considered and where sanitation activities are in placed and
all fishing and gathering activities shall be prohibited.

Section 5.5 Municipal Fishing Zone

Before a fisherfolk, cooperative, firm or corporation shall conduct subsistence or

municipal fishing operation in municipal water, the fishing gear it will utilize
shall be registered and a license granted therefore. The license shall be renewed
according to its date of expiration (every two years) and is non-transferable. The
 owner/operator shall renew its license to operate fishing gears thirty (30) days
prior to its expiration of the license within which to renew the same.

The municipal mayor shall issue the license upon inspection, verification, and
endorsed by the Municipal Fisheries and Aquatic Resources Officer to person,
cooperative, partnership, association, firm or corporation to operate fishing/vessel
for subsistence or municipal fishing activities in municipal waters.

The fishing boat issued with Permit to Operate in the Municipal Water shall be
numbered and color-coded according to Section 3 paragraph 13 of this ordinance.
The license and permit shall be renewed according to its date of expiration (every
two years) and is non-transferable. The owner/operator shall renew its license or
permit to operate fishing boat/vessel thirty (30) days prior to its expiration of the
license/permit within which to renew the same.

Section 5.5 Commercial Fishing Zone

Commercial Fishing activities are totally prohibited within the municipal waters.
Its fishing operations are only allowed beyond 15 kilometers (RA 8550) to gather
and taking of fishery species by passive or active gear for trade, business of profit
beyond subsistence or sports fishing, to be further classified as follows:

a. Small Scale Commercial Fishing – fishing with passive or active gear

utilizing fishing vessel of 3.1 to 20 GT;
b. Medium Scale Commercial Fishing – fishing with active gear utilizing
fishing vessel of 20.0 to 150 GT;
c. Large Scale Commercial Fishing – fishing with active gear utilizing
vessels or more than 150.1 GT;

Section 5.6 Navigational Zone

Within the navigational zone any construction made in violation shall be removed
upon the order of the municipal mayor in coordination of the other government
agencies concerned at the expense of the leasee, licensee, permittee or occupants
thereof, whenever applicable. Nothing in the foregoing sections shall be construed
as permitting the leasee, permittee or licensee to undertake any construction,
which will obstruct any defined migration path of catadromous species such as
river moths and estuaries within a distance determined by the Municipal Fisheries
and Aquatic Resources Section.

CHAPTER V

Function and Responsibility of the Municipal Fisheries and Aquatic Resources

Section and Eco-tourism Section

The Municipal Fisheries and Aquatic Resources Section shall have the
responsibility over the management, conservation, development, protection,
utilization, disposition, and research of all fisheries and aquatic resources of the
municipality. It shall likewise perform all other functions deemed necessary in the
implementation of this code, Republic Act No. 8550, and RA 7160 otherwise
known as the Local Government Code of 1991. While the Eco-tourism officer
shall have the responsibility over the development and management towards
sound sustainable Eco-tourism and recreational zone.

Section 5.7 Municipal Fisheries and Aquatic Resources Section

 To carry out efficiently the policies and functions enunciated by this code and its
implementing rules and regulations, there is hereby created a Municipal Fisheries
and Aquatic Resources Section under the Municipal Agriculture Office and shall
be assisted by the Municipal Tourism Office. The budget of this section shall be
included in the appropriation of the succeeding years subject to the availability of
fund. For purposes of immediate implementation of this code, the municipal
mayor may designate qualified organic personnel of the Local Government Unit
upon approval of this code.

The Municipal Fisheries and Aquatic Resources Section shall be composed of the
following personnel:

1. Municipal Fisheries and Aquatic Resources Officer

2. Aquacultural Technician
3. Clerk I
4. Municipal Eco-tourism Officer

Every personnel of the Municipal Fisheries and Aquatic Resources Section shall
perform their respective functions as maybe provided in the Implementing Rules and
Regulations of this code.

Section 5.8 Management and Development of Fisheries and Coastal

Resources Use Zone

The local fisherfolk and other resource users and their organizations shall not only
be a privileged beneficiary of the municipality but also an active participant and
partner of this municipality in the sustainable development, management,
conservation and protection of the fisheries and aquatic resources of the
municipality.

Chapter VI

The Municipal Fisheries and Aquatic Resources Management Council (MFARMC)

Section 5.9 Developments of Fisheries and Coastal Resources in Municipal

Water

Fisher-folks residing within the geographical jurisdiction of this municipality

shall develop the fishery/aquatic resources in municipal water in a concept that
they shall be an active participant and partner of the government in the sustainable
development, management, conservation and protection of the fishery and aquatic
resources of the municipality.

Section 6.0 Functions of MFARMC

The MFARMC shall exercise the following functions:

1. Assist in the preparation of the Municipal Fishery Development Plan and submit
such plan to the Municipal Development council;
2. Recommend the enactment of municipal fishery ordinances to the Sangguniang
Bayan through its Committee on Fisheries and Aquatic Resources;
3. Advise the Sangguniang Bayan in fishery matters through its Committee on
Fisheries; and
4. Perform such other functions, which maybe assigned by the Sangguniang Bayan.

Section 6.1 Composition of the MFARMC

The MFARMC shall be composed of the following:

1. Municipal Fisheries and Aquatic Resources officers as Chairman;

2. Municipal Planning and Development Coordinator;
 3. Chairman of the Committee on Fisheries and Aquatic Resources of the
Sangguniang Bayan;
4. Representative of the Municipal Development Council;
5. Representative from the NGO;
6. Representative from the private sector;
7. Three (3) representative from commercial fishermen;
8. Seven (7) representatives from subsistence fishermen which include from youth
and women sector; and
9. One (1) representative from fish workers.

Section 6.2 Secretariat of the MFARMC

The Section of the Municipal Fishery and Aquatic Resources Section

shall serve as the secretariat of the MFARMC.

Chapter VII

Prohibitions and Penalties

Section 6.3 Unauthorized Fishing or Engaging in another Unauthorized Activities

No person, cooperative, association, firm or corporation shall exploit, occupy,

produce, breed, culture or gather fish, fish fries or fingerlings of any fishery
species or fishery products, or engage in any fishery activity in the municipal
waters without a license, lease or permit. Discovery of any person in an area
where he has no permit, license, or registration papers for a fishing vessels shall
constitute a prima facie presumption that the person and/or vessel is engaged in
unauthorized fishing.

Any person, natural or juridical, who violates this provision, shall for first offense
pay an administrative fine of Five Hundred Pesos (P500.00); second offense, One
Thousand Pesos (P1,000.00); and for the third offense, an imprisonment of thirty
(30) days or shall pay a fine of Two Thousand Pesos (P2,000.00), or both
imprisonment and fine upon discretion of the court.

Section 6.4 Fishing in Marine Protected Areas/Sanctuaries

It shall be unlawful for any person to fish in area/s declared by the municipality as
Marine Protected Areas/Sanctuaries.

Any person who violates this provision shall be penalized as follows: First
Offense, payment of administrative fine of One Thousand Five Hundred Pesos
(P1,500.00); Second Offense, payment of administrative fine of Two Thousand
Pesos (P2,000.00); and Third Offense, imprisonment of six (6) months and or fine
of Two Thousand Five Hundred Pesos (P2,500.00) at the discretion of the court
and confiscation of catch and fishing gears and cancellation of permit and/or
license.

Section 6.5 Illegal Use of Fine Mesh Net

It shall be unlawful for any person to engage in fishing in municipal waters of this
municipality using fine mesh net as defined in Section 3.25 of this code. Provided,
that the use of fishing nets with legal size but doubled or overlaid one on top of
the other in an attempt to circumvent this provision shall be construed as using
fine mesh net in fishing. Provided, however, that the prohibition on the use of fine
mesh net shall not apply to the gathering of fry, eels, elvers, tabios, bolinao and
alamang and such species which by their nature are small but already mature to be
identified in the implementing rules and regulations by the Department of
Agriculture through the Bureau of Fisheries and Aquatic Resources.

Any person, natural or juridical, who violates this provision of the code shall be
penalized as follows: First offense, payment of administrative fine of One
Thousand pesos (P1,000.00);
 Second Offense, payment of administrative fine of One Thousand Five Hundred
Pesos (P1,500.00); Third Offense, imprisonment of six (6) months or payment of
fine of not less than Two Thousand Pesos (P2,000.00) but not more than Two
Thousand Five Hundred Pesos (P2,500.00), or both fine and imprisonment at the
discretion of the court and confiscation of fish catch and gears.

Section 6.6. Use of Muro-Ami, other Methods and Gear Destructive to Coral Reefs and
Other marine Habitat.

It shall be unlawful for any person, natural or juridical, to fish with the use of
muro-ami, and any of its variation, and such similar gear and methods that require
the diving of fish habitat to entrap, gather or catch fish and other fishery species.

Any person including, but not limited to, operator, boat captain, master fisherman,
recruiter or organizer of fish workers who violates this provision shall be
penalized as follows: First Offense, payment of administrative fine of Two
Thousand Pesos (P2,000.00); Second Offense, payment of administrative fine of
Two Thousand Five Hundred Pesos (P2,500.00); and, Third Offense,
imprisonment of six (6) months and/or fine of Two Thousand Five Hundred Pesos
(P2,500.00), or both fine and imprisonment at the discretion of the court. The fish
catch and fishing gears shall also be confiscated.

Section 6.7 Gathering of White Sand, Silica, Pebbles, and other Substances which
Make up marine Habitat.

It shall be unlawful for any person, natural or juridical, to gather, sell or export
white sand, silica, pebbles and any other substances which make up any marine
habitat.

Any person, natural or juridical, who violates this provision shall pay an
administrative fine of One Thousand Pesos (P1,000.00) for the First Offense; One
Thousand Five Hundred Pesos (P1,500.00) for the Second Offense; and, shall be
imprisoned for two (2) months or shall pay a fine of Two Thousand Five Hundred
Pesos (P2,500.00) and/or imprisonment at the discretion of the court. The
substance taken from marine habitat shall be confiscated.

Section 6.8 Illegal Fishing through Explosive, Noxious or Poisonous

Substances and/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 municipal waters with the use of
electricity, explosives, noxious or poisonous substances which will kill, stupefy,
disable or render unconscious fish or fishery species: provided, that the use of
poisonous substances to eradicate predators in fishponds in accordance with
accepted scientific practices and without causing adverse environmental impact in
neighboring waters and grounds shall not be constructed as illegal fishing.

The discovery of dynamite, other type of explosives and chemical compounds

which contain combustible elements, or noxious or poisonous substances, or
equipment or device for electro fishing in any fishing vessel or in the possession
of any fisherfolk, operator, fishing boat official or fish worker shall constitute a
prima facie evidence, that the same was used for fishing in violation of this code.

Any person, natural or juridical, who violates this provision of the code shall be
penalized as follows: First offense, payment of administrative fine of Two
Thousand pesos (P2,000.00); Second Offense, payment of administrative fine of
Two Thousand Five Hundred Pesos (P2,500.00); and, third Offense,
imprisonment of six (6) months and/or payment of fine of Two Thousand Five
Hundred pesos (P2,500.00), at the discretion of the court. The explosives, noxious
 or poisonous substances and/or electrical devised as well as the fishing vessel/s,
fishing gears and fish catch shall be forfeited.

Section 6.9 Possession, dealing in, selling or disposing of illegal caught fish

It is shall be unlawful for any person, corporation or entity to posses, deal in, sell
or in any manner dispose of, any fish or fishery species which have been illegally
caught, taken or gathered.

Any person, natural or juridical, who violates this provision shall be penalized as
follows: First Offense, payment of administrative fine of One Thousand Pesos
(P1,000.00); Second Offense, payment of administrative fine of One Thousand
Five Hundred Pesos (1,500.00); and, for the Third Offense. The offender shall be
imprisoned for three (3) months and/or pay a fine of Two Thousand Five Hundred
Pesos (P2,500.00), at the discretion of the court.

Section 7.0. Possession of explosives, noxious or poisonous substances or

electro Fishing devise for illegal fishing

It is unlawful for any person, natural or juridical, to possess explosives, noxious

or poisonous substances or electro fishing device for fishing.

Any person, natural or juridical, who violates this provision of the code, shall be
penalized as follows: First Offense, payment of administrative fine of One
Thousand Five Hundred Pesos (P1,500.00); Second Offense, payment of
administrative fine of Two Thousand Pesos (P2,000.00); and, for the Third
Offense, imprisonment of six (6) months and/or a fine of Two Thousand Five
Hundred Pesos (P2,500.00) at the discretion of the court.

Section 7.1. Actual Use of Explosives, noxious or poisonous substances or

electro fishing

Actual use of explosives, noxious or poisonous substance, or electro fishing in the

municipal waters of this municipality is strictly prohibited.

Any person who violates this provision shall be penalized as follows: First
Offense, payment of administrative fine of Two Thousand Pesos (P2,000.00);
Second Offense, payment of administrative fine of Two Thousand Five Hundred
Pesos (P2,500.00); and, for the third Offense, imprisonment of six (6) months
and/or fine Two Thousand Five Hundred Pesos (P2,500.00) at the discretion of
the court. The explosives, noxious or poisonous substances, or electro fishing
devices shall also be forfeited.

Section 7.2. Use of Destructive Fishing Methods to Coral Reefs and other
Marine Habitat

It shall be unlawful for any person, natural or juridical, to fish with the use of
destructive fishing method as defined and specified in Paragraph 18 of Section 3
of this code.

The operator, boat captain, master fisherman, recruiter of organizer of fish

workers who violate this provision shall be punished as follows: First Offense,
payment of administrative fine of Two Thousand Pesos (P2,000.00); Second
Offense, payment of administrative fine of Two Thousand Five Hundred Pesos
(P2,500.00); and, Third Offense, imprisonment of six (6) months and/or payment
of fine of not less than Two Thousand Five Hundred Pesos (P2,500.00) at the
discretion of the court. The catch and fishing gear shall be likewise confiscated.
Section 7.3. Conservation of Mangroves

It shall be unlawful for any person to convert mangroves into fishponds or for any
other purposes.

Pursuant to Section 94 of RA 8550, violation of the provision of this section shall

be punished by imprisonment of six (6) years and one (1) day to twelve (12) years
and/or a fine of Eighty Thousand Pesos (P80,000.00): Provided, that if the area
requires rehabilitation or restoration as determined by the court, the offender
should also be required to restore or compensate for the restoration of the damage.

Section 7.4. Taking, Catching, Selling, Processing of Transporting Gravid

Crabs and/or Crablets

It shall be unlawful to take, catch, sell, process or transport gravid crab and
crablets, mud crab and/or blue crab, in this municipality whether dead or alive.

Any person who violate this provision of the code shall be punished as follows:
First Offense, payment of administrative fine of One Thousand Five Hundred
pesos (P1,500.00); Second Offense, payment of administrative fine of Two
Thousand Pesos (P2,000.00); and, Third Offense, imprisonment of three (3)
months and/or fine of Two Thousand Five Hundred Pesos (P2,500.00) at the
discretion of the court.

Section 7.5. Capture of Sabalo and Other Breeder/Spawners

It shall be unlawful for any person to catch, gather, capture or posses mature
milkfish or sabalo and such other breeder or spawners of other fishery species as
maybe determined by the DA-BFAR: Provided, that catching of sabalo and other
breeders/spawners for local breeding purposes or scientific or research purposes
maybe allowed subject to guidelines to be promulgated by the DA-BAFR.

Any person who violates this provision shall be punished as follows: first
Offense,, payment of administrative fine of Two Thousand Pesos (P2, 000. 00);
Second Offense, payment of administrative fine of Two Thousand Five Hundred
Pesos ( P 2, 500.00); Third Offense, imprisonment of three (3) months and/or fine
of Two Thousand Five Hundred pesos ( P2, 500. 00) at the discretion of the court
and forfeiture of the catch and gears and revocation of licenses or permit.

Section 7.6. Illegal Use of Superlights

It shall be unlawful to engage in fishing with the use of superlights in municipal

waters.

Any person who violates this provision shall be punished as follows: First
Offense, payment of administrative fine of Two Thousand Pesos ( P 2, 000. 00);
Second Offense payment of administrative fine of Two Thousand Five Hundred
Pesos ( P2, 500.00); and Third Offenses, imprisonment of three (3) months and/or
Two Thousand Five Hundred Pesos (P2, 500. 00) at the discretion of the court
and confiscation of catch and gears.

Section 7.7. Ban on Coral Exploitation and Exportation

It shall be unlawful for any person, natural or juridical to gather, possess, sell or
export ordinary, precious and semi-precious corals, whether raw or in processed
from, except for scientific or research purposes.
 Any person who violate this provision shall be punished as follows: First Offense,
payment of administrative fine of Two Thousand Pesos (P2,000.00); Second
Offense, payment of administrative fine of Two Thousand Five Hundred Pesos
(P2,500.00); and. Third Offense, imprisonment of six (6) month and and/or fine of
Two Thousand Five Hundred Pesos (P2,500.00) at the discretion of the court and
forfeiture of subject corals including vessel. Confiscated corals shall either be
returned to the sea or donated to schools and museums for educational or
scientific purposes or disposal through other means.

Section 7.8. Fishing in Over-fished Area and during closed Season

Upon declaration by the municipality that the municipal water or a portion thereof
as over fished and/or closed season, it shall be unlawful for any person to fish in
said areas.

Violation of this provision by any person shall be punished by payment of

administrative fine of Two Thousand Pesos (P2,000.00) for the First Offense,
Two Thousand Five Hundred Pesos (P2,500.00) for the Second Offense, and
imprisonment of six (6) months and/or fine of Two Thousand Five Hundred Pesos
(P2,500.00) for the Third Offense at the discretion of the court and forfeiture of
catch and cancellation of license or permit.

Section 7.9. Fishing or Taking of Rare, Threatened or Endangered Species

It shall be unlawful to fish or take rare, threatened or endangered species as listed

in the CITES and as determined by DA-BFAR.

Violation by any person of this provision shall be punished as follows: First

Offense; payment of administrative fine of Two Thousand Pesos (P2,000.00);
Second offense, payment of administrative fine of Two Thousand Five Hundred
Pesos (P2,500.00); and, Third Offense, imprisonment of six (6) months and/or
fine of Two Thousand Five Hundred Pesos (P2,500.00) at the discretion of the
court and forfeiture of catch and cancellation of permit or license.

Section 8.0. Used of Mechanized Push-Net or Fish Trap Using Fine Mesh Net

It shall be unlawful to any person to fish with the use of mechanized push net or
fish trap using fine mesh net in municipal waters.

Any person who violates this provision shall be punished as follows: First Offense
payment of administrative fine of Two Thousand Pesos (P2,000.00); Second
Offense, payment of administrative fine of Two Thousand Five Hundred Pesos
(P2,500.00); and, third Offense, imprisonment of six (6) months and/or fine of
Two thousand Five Hundred Pesos (P2,500.00) at the discretion of the court and
forfeiture of the catch and fishing equipment and cancellation of permit or license.

Section 8.1. Use of Drift Gill Net

It shall be unlawful for any person, cooperative, firm or corporation to operate

drift grill net (PAMO) in catching fish in municipal waters during the spawning
period of “sabalo” from February to July, inclusive every year.

Any person, natural or juridical, who violate this provision shall be punished as
follows: First Offense, payment of administrative fine of One Thousand five
Hundred pesos (P1,500.00); Second Offense, payment of administrative fine of
Two Thousand Pesos (P2,000.00); and, Third Offense, imprisonment of three (3)
 months and/or fine of Two Thousand Five Hundred Pesos (P2,500.00) at the
discretion of the court and forfeiture of catch and fishing gears and cancellation of
permit or license.

Section 8.2. Fishing within established Artificial Reef or Fish Shelters

Established artificial reef or fish shelters are hereby declared as restricted areas
whereby no fishing shall be allowed within the distance of Two Hundred (200)
meters from the said reefs/shelters: Provided, however, that only exclusive
grantee or licensee of artificial reefs or fish shelters can fish within their
respective fish aggregate.

Any person, natural or juridical, who violate this provision shall be punished as
follows: First Offense, payment of administrative fine of One Thousand Five
Hundred Pesos (P1,500.00); Second Offense, payment of administrative fine of
Two Thousand Pesos (P2,000.00); and, Third Offense, imprisonment of three (3)
months and/or fine of Two Thousand Five Hundred pesos (P2,500.00) at the
discretion of the court and forfeiture of catch and fishing gears and cancellation of
permit or license.

Section 8.3. Construction and Operation of Fish Coral/Trap, Fish Pen & Fish
Cage Without a Permit and/or License.

It shall be unlawful for any person to construct, operate fish corals, fish pens, fish
cages without a license and/or permit.

Violation of this provision shall subject the offender to the following punishment:
First Offense, payment of administrative fine of Two Thousand pesos
(P2,000.00); Second Offense, payment of administrative fine of Two thousand
Five Hundred pesos (P2,500.00); and, third Offense, payment of administrative
fine of Two Thousand Five Hundred Pesos (P2,500.00) and/or imprisonment for
three (3) months and dismantling of the illegally constructed structures at this own
expense and confiscation of the same.

Section 8.4. Construction and Operation of Fish Coral/Trap, Fish pen/Cage Outside the
Designated Zones

It shall be unlawful for any person to construct fish coral or fish pen outside the
designated zones and within a distance of one hundred (100) meters from another
fish coral or fish pen unless they belonged to the same licensee or grantee but in
no case lea than sixty (60) meters apart.

Any person who violates this provision of the code shall be penalized as follows:
First offense, payment of administrative fine of Two Thousand Pesos (P2,000.00);
Second Offense, payment of administrative fine of Two Thousand Five Hundred
Pesos (P2,500.00); and, Third Offense, fine of Two Thousand five Hundred Pesos
(P2,500.00) and/or imprisonment of six (6) months at the discretion of the court
and cancellation of permit or license and dismantling of said structures at
offenders expense and confiscation of the same.

Section 8.5. Illegal Sub-Lease, Transfer of Rights, Quitclaims, Waiver of

Rights

License/Permit shall not be transferred by lease or mortgaged. The

licensee/permittee shall not sublease a fishery farm lot under licensed or any part
thereof. He may however transfer his rights and interest over the farm lot in
accordance to Section 30 of this code.
 Any violation to this section shall constitute ground for the cancellation of the
license granted, cancellation of lease agreement, confiscation of existing
improvements and the disqualification of subsequent application by the same
person, organization/cooperative, firm or corporation.

Section 8.6. Aquatic Pollution

Aquatic pollution as defined in this code shall be unlawful. Any person, natural or
juridical, who violates this provision, shall be penalized as follows: First offense,
payment of administrative fine of Two Thousand Pesos (P2,000.00); Second
Offense, payment of administrative fine of Two Thousand Five Hundred pesos
(P2,500.00); and, Third Offense, fine of Two thousand Five Hundred pesos
(P2,500.00) and/or imprisonment of six (6) months at the discretion of the court.

Section 8.7. Transfer of Ownership of Fishing Boat

The owner/operator and/or transferee of a registered fishing boat who fails to

notify the office of the Municipal fisheries and Aquatic Resources officer of the
transfer of ownership, sale, of the fishing boat to another person within fifteen
(15) days after such transfer or sale shall be fined an amount not exceeding One
Thousand Pesos (P1,000.00).

Section 8.8. Other Violations

a. Failure to comply with Minimum Safety Standards

The owner and boat captain of a fishing boat engaged in fishing that upon demand
by proper authorities, fails to exhibit or show compliance with safety standards
provided by RA 8550, shall be immediately prevented form continuing his fishing
activity and escorted to the nearest port or landing point. The license to operate
the fishing boat shall be suspended until the safety standard has been complied
with.

b. Gathering and Marketing of Shell Fishes

It shall be unlawful for any person to take, sell, transfer, or have a possession for
any purpose any shell fish from the municipal water of this municipality which is
sexually mature or below the minimum size or above the minimum quantities
prescribed for the particular species and/or have been declared contaminated with
red tide toxins by the DA-BFAR.

Any person shall violate this provision shall be penalized as follows: First
Offense, payment of administrative fine of One Thousand Pesos (P1,000.00);
Second Offense, payment of administrative fine of One Thousand Five Hundred
Pesos (P1,500.00); and, Third Offense, imprisonment of three (3) months and/or
fine of Two thousand Pesos (P2,000.00) at the discretion of the court and
confiscation of catch and cancellation of permit and/or license.

c. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens, & Fish Cages

The FLA holder/license/permittee who fails to render a yearly report of their fish
production, their license and permit shall not be renewed: Provided, that if the
offender be the owner of the fish pond, fish pens, or fish cage, he shall be
subjected to the following penalties; (1) First Offense, a fine of Five Hundred
Pesos (P500.00) per unreported hectare; (2) subsequent offense, a fine of One
thousand Pesos (P1,000.00) per unreported hectares.

d. Obstruction to Navigation of Flow and Ebb of Tide in any Stream, River, Lake or
Bay It shall be unlawful to any person who causes obstruction to navigation or
flow of ebb of tide.
 Any person who violate this provision shall be penalized as follows: First offense,
payment of administrative fine of One Thousand Five Hundred Pesos
(P1,500.00); Second Offense, payment of administrative fine of Two Thousand
Pesos (P2,000.00); and, Third Offense, imprisonment of three (3) months and/or
fine of Two Thousand Five Hundred Pesos (P2,500.00) at the discretion of the
court and dismantling of structure at the expense of the offender.

Section 8.9. Commercial Fishing Vessel Operators Employing Unlicensed

Fisherfolk or Fishworker or Crew.

Pursuant to Section 104 of RA 8550, the owner/operator of a commercial fishing

vessel employing unlicensed fisher folk or fish worker shall be fined Five
Hundred pesos ( P500. 00) each for every month that the same has been employed
and/or One Thousand Pesos (P 1, 000. 00) for every month for each unlicensed
crew who has been employed.

Section 9.0. Obstruction to Fishery Law Enforcement Officers

The boat owner, master or operator or any person acting on his behalf of any
fishing boat who evades, obstruct or hinder any fisher law enforcement officer of
DA-BFAR and/or municipality duly deputized by the municipal mayor to perform
his duty shall be fined of Two Thousand Five ( P2,500.00). In addition, the
registration, permit and/or license of the vessel shall be cancelled.

Section 9.1. Refusal or Failure to Pay Administrative Fine for the First and
Second Offense

Any person who refuses to pay or fails to pay in due time the administrative fine
imposed for the first and/or second offenses shall subject the offender to the
penalty for the third offense of the violated provision/s.

Section 9.2. Use of Collection from Administrative Fines for the First and
Second Offenses

Administrative fines collected from first and second offenses shall be treated as
trust fund and shall be exclusively used for the conservation, protection, and
development of the municipal fisheries and aquatic resources through an
appropriation ordinance; Provided, that not more fifty percent (50%) of such
amount shall be allocated for the incentives of the municipal fishery law
enforcers.

Section 9.3. Authority to Impound.

Law Enforcement agencies are hereby authorized to impound, with the assistance
of the Philippines Coast Guard, PNP if necessary, the apparatus used in illegal
fishing pending the termination of the criminal case by competent of courts.

Pending settlement of the case, the municipality shall not be held liable for the
depreciation, deterioration, damage due to natural calamities on other causes on
the seized vessel, fishing gears of nets or other apparatus. The municipality shall,
however, try to safeguard within it means the seized items.

If found guilty by the competent of courts, the municipality shall have the right to
confiscate the seized items its favor and may dispose the same in any manner
 without the prejudice to any civil or criminal action that may be taken against its
owners, master and/or operators.

Chapter VIII
General Provisions

Section 9.4.Mariculture (Aquamarine Farming) Investment Fund

Pursuant to Section 113 of RA 8550 and its IRR, the municipality shall
make representation for its municipal fisherfolk and their organization to avail
soft loans or financial support from the Department’s General appropriations Act
and other sources to be used in mariculture park project development towards
enhancement of fish production in the municipality.

Section 9.5. Information and Education Campaign

The municipality, through the Municipal Fisheries and Aquatic Resources

Section, in cooperation with DA-BFAR shall conduct information and education
campaign to fisherfolk, specifically to fishermen (subsistence and commercial) to:

a. Help realize the policies and implement the provisions of this code, Fisheries
Code of 1998 (RA 8550 as amended by R.A. 10654) and the Local Government
Code of 1991 (RA 7160);

b. Promote the development, management, conservation and proper use of

environment;

c. Promote the principle of sustainable development; and

d. Promote the development of truly Filipino-oriented fishing and ancillary

industries.

Section 9.6. Infrastructure Support

Pursuant to section 119 of RA 8550 and its IRR, the municipality shall
make representation to avail the Department’s project to prioritize the
construction of farm-to-market roads linking the fisheries production sites, coastal
landing point and other post harvest facilities to major markets and arterial
roads/highways.

Section 9.7. Charting Navigational Lanes Delineation of Municipal Waters

Navigational lanes shall be charted in marine waters within municipal waters by

the Municipal Engineer’s Office beyond seven (7) fathoms deep and in rivers
depending on the physical topography;

In the delineation of municipal waters and its corresponding coastal resources use
zones, the municipality, through its Municipal Engineer’s Office, together with
the concerned chairmen of the committees of the Sangguniang Bayan, Municipal
Planning and Development Office, Municipal Fisheries and Aquatic Resources
Section, and Municipal Assessor’s office in cooperation with their counterparts of
the neighboring municipalities shall conform and agree to a common reckoning
point where the boundary lines of the municipality touch the sea at low tide. From
these points of reckoning, the coordinates recorded, shall draw the perpendicular
 lines to the third line parallel to the general coastline, as defined in Rule 4.1 of the
Fisheries Code, including offshore islands and fifteen (15) kilometers from such
shoreline. The municipal water boundaries shall be drawn on a NAMRIA map
including its coordinates together with this code and the Municipal Resolutions of
the neighboring municipalities having agreed to the outer limit of the municipality
and common boundary/ies of municipal waters shall be submitted to NAMRIA
and DA-BFAR for confirmation.

Section 9.8. Persons and Deputies Authorized to Enforce this Ordinance

The law enforcement offices of DA-BFAR (Fish Warderns), PNP-Maritime

Command, and duly deputized law enforcement officers of this municipality are
hereby authorized to enforce this code, RA 8550 and other fishery laws, rules and
regulations. other competent government officials and employees, punong
barangays and officers and members of fisherfolk associations who have
undergone training on law enforcement maybe designated in writing by DA-
BFAR as deputy fish wardens for the municipality in the enforcement of this
code: provided, that deputy fish wardens for the municipality shall only be
authorized by the municipal mayor upon recommendation of the Municipal
Fisheries and Aquatic Resources Officer; Provided, further, that the authority
entrusted as deputy fish wardens shall be co-terminus with their official function
in the municipal government.

Section 9.9. Use or Disposal of Forfeited Property

Whenever forfeiture of property is imposed, such property or proceeds from the

sale shall go to the trust fund of the municipality to be use for coastal resource
development purposes.

Fish found caught with the use of explosives, obnoxious substances or banned
gears/devices shall immediately be seized/confiscated, and endorsed to the
Municipal Fisheries Resources office and if fit for consumption shall be donated
to penal institutions such as municipal jail, or to orphanages or home for the aged
or indigents.

Chapter IX

Transitory Provision

Section 10. Moratoria

The municipality shall, upon recommendation of the Municipal Fisheries and

Aquatic Resources Section, declare a moratorium on the issuance of
license/permits for subsistence and commercial fishermen, for fish workers (for
fishing vessels, fishponds, sea farming, and others) fishing vessels to operate in
their specified zones, fishery farm lots, and others.

Section 10.1. Formulation of Implementing Rules and Regulations

An inter-agency committee is hereby created to formulate the rules and

regulations for the full implementation of this code within sixty (60) days of its
effectivity, Provided, however, that the formulated rules and regulations shall be
submitted to the Sangguniang Bayan for information and guidance. Such rules
and regulations shall take effect ten (10) days after a copy thereof is posted is a
bulletin board at the entrance or in two (2) conspicuous places of the municipal
building and the main features thereof has been published once in a local
newspaper of general circulation within the municipality or in the province.

The inter-agency committee shall be composed of the following:

a. Municipal Fisheries and Aquatic Resources Officer;
b. Municipal Local government Operation Officer;
 c. Municipal Agriculture Officer;
d. Municipal Legal Officer;
e. Municipal Treasurer;
f. PNP Chief of Police;
g. Chairman, Committee on Fisheries and Aquatic Resources of the Sangguniang
Bayan;
h. Chairman, Committee on Agriculture of the Sangguniang Bayan;
i. ABC President;
j. Two (2) representative from the subsistence fishermen sector;
k. Two (2) representative from commercial fishermen sector;
l. Two (2) representative from the fishermen sector;
m. Two (2) representative from the fishpond operator;
n. Two representatives from the fish processor sector;
o. Representative from an NGO accredited by the Municipality involved in
fishing concerns.

Chapter X

Final Provisions

Section 10.2. Appropriations

Upon approval of this Ordinance, every year and thereafter, Local Government
Unit of San Agustin shall appropriate or allocate all the programs/projects and activities
of this Ordinance and shall be included as regular program of the Municipal Agricultural
Service Office or MASO either in the general fund or in the twenty per cent development
fund (20% development fund).

Local Government of San Agustin may also request funds from either Provincial
Government of Surigao del Sur, Regional and National Agencies concern.

Section 10.3. Repealing Clause

All previous ordinances, rules and regulations or parts thereof, which

are inconsistent with this code, are hereby repealed or modified accordingly.

Section 10.4. Separability Clause

If for any reason or reasons any portion or provision of this code is declared
unconstitutionally, illegal or invalid, the other portions or provisions, which are
not affected thereby, shall continue to be in full force and effect.

Section 10.5. Effectivity

This ordinance shall take effect ten (10) days after its approval

Carried unanimously.

Adopted this ______day of ___in the Year of our Lord 2013.

“ I hereby certify to the correctness of the foregoing ordinance.”

Secretary to the Sangguniang

ATTESTED BY: APPROVED BY:

Presiding Officer Municipal Mayor