fishery ordinance series of 2013 -lagonoy

5/27/2018 Fishery Ordinance Series of 2013 -Lagonoy

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Republic of the PhilippinesProvince of Camarines Sur

MUNICIPALITY OF LAGONOY


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TABLE OF CONTENTS

TITLE PAGE

I. Certification . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2

II. Transmittal Letter . . . . . . . . . . . . . . . . .. . . . . . . 3

III. Municipal Ordinance No. 01, series of 2013. . 5-7

IV. Letter from the Mayor dated January 28, 2014. . 8

V. Annexes

a.) Notice of Public Hearing. . . . . . . . . . . . .39 - 40

b.) Certifications (Posting of Notices) . . . . . 41 - 58

c.) Minutes of Public Hearing. . . . . . . . . . . . 5960

d.) Attendance . . . . . . . . . . . . . . . . . . . . . . . . 61 - 72

e.) Certifications (Publication ofApproved Municipal Ordinance). . . . . . 73 - 92


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Republic of the Philippines

Province of Camarines SurMunicipality of Lagonoy

-oOo-Office of the Sangguniang ayan Secretariat

CERTIFICATION

THIS IS TO CERTIFY that the soft copy in Portable Document Format (PDF) submitted

to the Sangguniang Panlalawigan of Camarines Sur is the exact and faithful copy of the

municipal ordinance submitted for review and was arranged in the order as that of the original

hard copy.

Lagonoy, Camarines Sur. 02 April 2014.

EMERSON T. BARCILLANOSecretary to the Sanggunian


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-oOo-

Office of the Sangguniang Bayan Secretariat

02 April 2014

THE HONORABLE MEMBERS

Sangguniang PanlalawiganProvince of Camarines Sur

THRU : MS. NIMFA B. CAS

Provincial Secretary

Gentlemen and Ladies,

The undersigned is forwarding to your office copies of the Fisheries and Coastal LawEnforcement Ordinance of the municipality of Lagonoy in accordance with the Rules of

Procedure in the Review of Municipal Ordinances by the Sangguniang Panlalawigan ofCamarines Sur.

Please take note that the posting of the complete text of the ordinance in the coastalbarangays of this municipality was completed just last week because of the unavailability of

transportation due to the roughness of the seas. Hence, the delay in the submission of thisordinance.

For your favorable review and approval.

Thank you and more power.

Respectfully yours,

EMERSON T. BARCILLANO

Secretary to the Sanggunian

etb/adm/sbs


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-oOo-

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE 16TH

REGULAR SESSION OF THE

SANGGUNIANG BAYAN OF LAGONOY, CAMARINES SUR POLITICAL TERM 2013-2016 HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON DECEMBER 02, 2013

AT 8:30 IN THE MORNING.xxx------------------------------------------------------------------------------------------------------------xxx

PRESENT:

Hon. Ben M. Saboco -Vice Mayor/Presiding OfficerHon. Bernardo V. Florece III - SB Member

Hon. Alfredo R. Cabral, Jr. - SB Member

Hon. Serafin R. Pesimo, Jr. - SB MemberHon. Ernesto D. Odiamar, Jr. - SB MemberHon. Jesus P. Olivares, Sr. - SB Member

Hon. Christopher Joseph P. Misanes - SB MemberHon. Emily M. Fante - SB Member

LATE:

Hon. Randy A. Texon - SB Member

ABSENT:NONE

RESOLUTION NO. 058-2013

A RESOLUTION ENACTING MUNICIPAL

ORDINANCE NO.01, SERIES OF 2013.

WHEREAS, Sections 447 & 458 of RA 7160, otherwise known as the Local

Government Code, mandates the Sangguniang Bayan to enact ordinances thatprotect the environment, and impose appropriate penalties for acts that endanger

the environment;

NOW THEREFORE, on motion presented by SB Member Ernesto D.Odiamar, Jr.and unanimously seconded by the members present, be it ordained

by the Sangguniang Bayan of Lagonoy, Camarines Sur that:


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MUNICIPAL ORDINANCE NO. 01

Series of 2013

AN ORDINANCE PROVIDING FOR THE

PROTECTION AND CONSERVATION OF THE

FISHERIES AND COASTAL RESOURCES OF THE

MUNICIPALITY OF LAGONOY, CAMARINESSUR,HARMONIZING LAW ENFORCEMENT ANDALL OTHER PERTINENT ORDINANCES.

PREAMBLE

WHEREAS, Article I, Section 16 of the Republic Act 8550, otherwise known as the Philippine

Fisheries Code of 1998 stipulates that the municipal governments have jurisdiction over theirmunicipal waters, and in consultation with the Municipal Fisheries and Aquatic Resource

Management Council (MFARMC), shall be responsible for the management, conservation,development, protection, utilization and disposition of all fish and other aquatic resources

therein;

WHEREAS, Section 16 of the Fisheries Code also mandates that municipal governments enactappropriate ordinances for the foregoing purposes and to enforce all fishery laws, rules and

regulations as well as valid fishery ordinances;

WHEREAS, Sections 447 & 458 of RA 7160, otherwise known as the Local Government Code,further mandates that Sangguniang Bayan to enact ordinances that protect the environment, and

impose appropriate penalties for acts that endanger the environment;

WHEREAS, the enactment of a comprehensive and harmonized Fisheries and Coastal Law

Enforcement Ordinance is necessary and indispensable for the development, conservation,utilization and proper management of its fisheries and aquatic resources.

SECTION 1. TITLE

This ordinance shall be known as the Fisheries and Coastal Law Enforcement Ordinance of the

Municipality of Lagonoy.

SECTION 2. DECLARATION OF POLI CY

It is hereby declared the policy of the Municipality of Lagonoy:

1.

To minimize and eventually eliminate illegal fishing and other prohibited activities whichaffect coastal, marine and fishery resources, and to control regulated activities, by

ensuring the full and effective implementation of this Fisheries and Coastal LawEnforcement Ordinance. The absence of adequate scientific and technical information, or

financial resources, should not be used as a reason for postponing or failing to carryoutlaw enforcement measures necessary for the conservation and management of these finite

and precious resources.


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2. To maximize municipal law enforcement efforts, by enabling inter-jurisdictional fisheriesenforcement operations through appropriate agreements and coordination with allconcerned municipalities and agencies, personnel appointments, trainings, budgetary

allotments, and financial support.

3. To promote and protect the rights of the marginal fisherfolk, which includes women andyouth, to the preferential use of fisheries and aquatic resources

4. To allow peoples full and active participation in fishery law enforcement throughFLETand FARMCs, and promoting awareness through appropriate information andeducational campaigns.

5. To promote responsibility and accountability in the use of fishery and coastal resources.6. To enhance the role of the Municipality as the duly mandated guardian of the fishery and

coastal resources on behalf of present and future generations.

7. To encourage non-destructive fishing activities and establishment of marine protectedareas for preservation and coastal tourism promotion.

SECTION 3. APPLI CATION OF PROVISIONS

The provisions of this Ordinance shall be enforced in:

1. All inland and marine municipal waters within the Municipality of Lagonoy, as defined inthis Ordinance and attached as Annex X.

2. All activities and businesses relating to the use and development of coastal, marine, andfishery, including inland fishery resources.

3. All persons, entities or corporations that use or intend to use the coastal, marine andfishery resources of the Municipality of Lagonoy.

SECTION 4. DEF IN ITI ON OF TERMS

As used in this ordinance, the following terms and phrases shall apply:

1. Air compressor a device used to compress or direct air into air hoses to supply air to asubmerged person.

2. Aquaculture - fishery operations involving all forms of raising and culturing fish and otherfishery species in fresh, brackish and marine areas.3. Aquatic Pollution - the introduction by human or machine, directly or indirectly, of

substances or energy to the aquatic environment which result or likely to result in suchdeleterious 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 fishingand navigation, including dumping/disposal of waste and other marine litter; discharge of

petroleum or residual products of petroleum or residual products of petroleum orcarbonaceous materials/substances and other other radioactive, noxious or harmful liquid,


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gaseous or solid substances, from any water, land or air transport or other human-made

structures. Pollution includes but is not limited to the following waste and non-biodegradablematerials: glass, plastic, hospital waste, public market and animal carcass

and waste, used motor oil, petroleum products of any kind, ship waste, and other garbagematerials. Other forms of aquatic pollution include sedimentation from deforestation and

unsound agricultural practices, excessive use of agricultural chemicals, intensive use of

artificial fish feed, and wetland conversion.4. Aquatic Resources - includes fish, all other flora and fauna and other living resources of the

aquatic environment, including but not limited to sand and corals.

5. Auxiliary Invoice refers to an official document accompanying the shipment of fishes andshellfishes but not limited to salt and other fishery by-products, issued by duly authorized

representative of the Municipal Government from its point of origin to its final destination inthe country and/or export purposes, its quantity and estimated value if sold, the payment paid

thereof and who received the payments, including the serial number of the official receiptused.

6. Catch Ceiling refer to the maximum annual catch allowed to be taken, gathered orharvested from any fishing area, in consideration of the need to prevent overfishing and

harmful depletion of breeding stocks of aquatic organisms.7. Certificate of Fisherfolk Registration proof that the fisherfolk is listed in the municipal

fisherfolk registry.

8. CITES the Convention on International Threats of Endangered Species of Flora andFauna.

9. Closed Season - the period during which the taking of specified fishery species by a specifiedfishing gear is prohibited in a specified area or areas in the municipal waters.

10.Coastlinerefers to the outline of the mainland shore touching the sea at mean lower lowtide.

11.Coastal Area/Zone - is a band of dry land and adjacent ocean space (water and submergedland) in which terrestrial processes and uses directly after oceanic processes and uses, andvice-versa; its geographic extent may include areas within a landmark limits of one (1)

kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds,nipa swamps, estuarine rivers, sandy beaches and other areas within seaward limit of 200

meters isobaths to include coral reefs, algal flats, seagrass beds and other soft bottom areas.12.Coastal Resource Management (CRM) participatory, multi-sectoral planning,

implementing and monitoring to ensure the sustainable use of economically and ecologicallyvaluable resources in the coastal area. CRM activities consider interactions andinterconnectivity within and between ecosystems, and all the impacts of humans on the

environment.13.CRMO- Coastal Resource Management Officer/Office14.

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

Small-scale commercial fishing - fishing with passive or active gear utilizing

fishing vessels of 3.1 gross tons (GT) up to 20 GT;

Medium-scale commercial fishing - fishing with passive or active gear

utilizing fishing vessels of 20.1 gross tons (GT) 150 GT; and


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Large-scale commercial fishing - fishing with passive or active gear utilizing

fishing vessels of more than 150) GT.

15.Coral a the hard calcareous substance made of skeleton of the marine animals,coelenterates polyps, which includes reefs, shelves and atolls or any of the marinecoelenterates animals living in colonies where their skeletons form a stony mass. These

include:a) skeleton of anthozoan characterized as having a rigid axis of compact

calcareous or horny specules, belonging to the genus corallium as represented by

the red, pink, and white corals which are considered precious corals;

b) skeletons of anthozoans coelenterates characterized by thorny, horny axis such

as the antipatharians represented by the black corals which are considered semi-

precious corals; and

c) ordinary corals which are any kind of corals that are not precious nor semi-

precious.

16.Coral Reef a natural aggregation of coral skeleton with or without living coral polyps,occurring in intertidal and subtidal marine waters.

17.Electrofishing the use of electricity generated by batteries, electric generators and othersources of electric power to kill, stupefy, disable or render unconscious fishery species,

whether or not the same are subsequently recovered.18.Endangered, Rare and/or Threatened Species aquatic plants, animals including some

varieties of corals and sea shells in danger of extinction as provided for in existing fisherylaws, rules and regulations or in the Protected Areas and Wildlife Bureau of the Department

of Environment and Natural Resources (DENR) and in the Convention of the InternationalTrade of Endangered Species of Flora and Fauna (CITES).

19.FARMC - shall mean Fisheries and Aquatic Resources Management Council.20.Fine Mesh Net - all net-webbing whether made of natural fibers, synthetic or any other

materials used in fishing, with a mesh size of less than three (3) centimeters measuredbetween two (2) opposite knots of full mesh when stretched or as otherwise determined by the

appropriate government agency (FAO 155).21.Fish Aggregating Device (FAD) - any device used to attract pelagic and schoolingspecies

common in deep water, such as, but not limited to, payao, balsa or lambaklad.22.Fish and Fishery/Aquatic Productsinclude not only finfish but also mollusk, crustaceans,

echinoderms, marine mammals, and all other species of aquatic flora and fauna and all otherproducts of aquatic living resources in any form.

23.Fish Cagerefers to an enclosure which is either stationary or floating made up of nets orscreens sewn or fastened together and installed in the water with opening at the surface orcovered and held in place by wooden/bamboo posts or various types of anchors and floats.

24.Fish Corral - a stationary weir or trap devised to intercept and capture fish consisting ofrows of bamboo stakes, plastic nets and other materials fenced with split bamboo mattings orwire mattings with one or more enclosures, usually with easy entrance but difficult exit, and

with and without leaders to direct the fish to the catching chambers, purse or bags.25.Fish Fingerlingsa stage in the lifecycle of the fish measuring to about 6-13 cm. depending

on the species.26.Fish Frya stage at which a fish has just been hatched usually within sizes from 1-2.5cm.


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27.Fish Penan artificial enclosure constructed within a body of water for culturing fish andfishery/aquatic resources made up of poles closely arranged in an enclosure with woodenmaterials, screen or nylon netting to prevent escape of fish.

28.Fish Ponda land-based facility enclosed with earthen or stone material to impound waterfor growing fish.

29.Fish Sanctuary a designated area where fishing or other forms of activities which maydamage the ecosystem of the area is prohibited and human access may be restricted.

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

31.Fisherfolk - people directly, or personally, and physically engaged in taking and/or culturingand processing fishery/coastal/marine resources (see Municipal Fisherfolk).

32.Fishery Management Areas a bay, gulf, lake or any other fishery area which may bedelineated for fishery resource management purposes.

33.Fishery Operator one who owns and provide the means including land, labor, capital,fishing gears, and vessels, but does not personally engage in fishing.

34.Fishery Reserve a designated area where activities are regulated and set aside foreducational and research purposes.

35.Fishing - the taking of fishery species from the wild state or habitat, with or without the useof fishing vessels.36.Fishing Boat/Gear License a permit to operate specific types of fishing boat/gear for

specific duration in areas beyond municipal waters for demersal or pelagic fishery

resources.37.Fishing Gear - any instrument or device and its accessories utilized in taking fish and other

fishery species. It can be either of the following:

Active Fishing Gear is a fishing device characterized by gear movement and/or

pursuit of the target species by towing, lifting, and pushing the gears

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

impoundment or encirclements, such as but not limited, to: basing or saklit

(bag-nets), buli-buli or hulbot-hulbot (Danish seine), (castnets), largarete,

kayakas or pa-aling (drive in net), harvesting machines, kalansisi (ringnet),

muro-ami or lambaclad (ottosiami), pangulong (purse seines), paradual,

(pushnets), salambaw (lift net), sinsuro (beach seine), suklob, taksay,

galadgad or Norway trawl (trawl), drift gill net, tuna long line, and others.

Passive Fishing Gear - is characterized by the absence of gear movement and/or

the pursuit of the target species such as, but not limited to: banwit (hook and

line), kitang (long line), fish pots, traps, sagkad (corrals) and pangke (gill

nets).

38.Fishing License a document that qualifies a registered municipal person/cooperative/partnership/ corporation to engage in any fishery activities in the municipal waters.

39.Fishing Vessel - any boat, ship or other watercraft equipped to be used for taking of fisheryspecies or aiding or assisting one (1) or more vessels in the performance of any activity


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relating to fishing, including but not limited to the preservation, supply, storage,

refrigeration, transportation and/or processing.40.Fishing with the use of Explosivesthe use of dynamite, other explosives or other chemical

compounds that contains combustible elements or ingredients which upon ignition byfriction, concussion, percussion or detonation of all or parts of the compound will kill,

stupefy, disable or render unconscious any fishery species. It also refers to the use of any

other substance and/or device which causes an explosion that is capable of producing thesaid harmful effects on any fishery species and aquatic resources and capable of damagingand altering the natural habitat.

41.Fishing with the Use of Noxious or Poisonous Substances - the use of any substance,plantextracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals

either in a raw or processed form, harmfulor 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.42.Inland Fisherythe freshwater fishery and brackish water fishponds.43.Mangroves - a community of intertidal plants including all species of trees, shrubs, vines and

herbs on coasts, swamps, or border of swamps.

44.Marine tropical aquarium fish - are any fish with or without attractive colors found intropical marine waters of the Philippines that are captured alive for aquarium purposes.45.Municipal Fishers - persons who are engaged in municipal fishing and are/or fishing within

the municipal waters.

46.Municipal Fishingrefers to fishing within municipal waters using fishing vessels of three(3) gross tons or less, or fishing not requiring the use of fishing vessels.

47.Municipal Watersincludes not only streams, lakes, inland bodies of water and tidal waterswithin 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 orfishery 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 islandsand fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situatedon 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 of the respectivemunicipalities.

48.NAMRIA- National Mapping Resources and Information Authority49.Obstruction of Law Enforcement Officer any person willfully hindering, delaying, or

obstructing of any fishery law enforcement officer in the discharge of his or her official

powers or duties.50.Overfished Area - an area within the municipal waters which cannot sustain the fisheries. It

can be due to any of the following types of overfishing: (i) too much harvesting in such a way

that the mean size of fish captured is suboptimal for providing effective yields from a fishery;(ii) intense fishing pressure by which the process of fishery restocking through reproductionand resettlement is impaired; (iii) shift in community structure from a fishery dominated by

valuable species to one dominated by species of less economic value or utility; and (iv) whenresource users faced with declining catches and lacking any other alternative, initiate

wholesale resource destruction in their effort to maintain their incomes.51.RA 8550 - Republic Act no. 8550, otherwise known as the Philippine Fisheries Code of 1998.

It is the national law that governs the management and conservation of the fisheriesresources of the country.


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52.Sabalothe full grown bangus (milkfish) scientifically known as Chanoschanos; refers toboth males and females measuring more than Sixty (60) centimeters long from the tip of themouth to the end of the caudal fin or tail.

53.Superlightalso called magic light, a type of halogen or metal halide bulbs, which may beused above the sea surface or submerged in the water to attract fish. It consists of a ballast,

regulator, electric cable, and socket. The source of energy comes from a generator, battery

or dynamo coupled with the main engine.

SECTION 5. LAW ENFORCEMENT JURISDICTION OF THE MUNICIPALITY OF

LAGONOY

The Municipality of Lagonoy shall enforce the herein law enforcement Ordinance within the

municipal waters. All provisions covered and described in this Ordinance, shall be harmonized

wherein the Local Chief Executive, Sangguniang Bayan, LGU, barangay governments, and

FARMCs shall share a common and mutual understanding and interpretation.

SECTION 6. MUNICIPAL WATERS AND BOUNDARIES

The municipal waters of Lagonoy shall be comprised of the waters enclosed within the

geographic coordinates, as determined, delineated and officially certified by the National

Mapping and Resource Information Authority (NAMRIA).

SECTION 7. ZONATION/ CLASSIF ICATION OF MUNICIPAL WATERS

Upon delineation of municipal water, the municipal waters of Lagonoy are hereby divided and

classified according to priority coastal zones:

Zone I: Municipal Fishing ZonesZone II: Aquaculture/ Mariculture Zone

Zone III: Fish Sanctuary/ Marine Reserve ZoneZone IV: Demarcated Fishery Areas

a. Municipal Fishing Zone- The Municipal Fishing Zone shall comprise all waters withinthe Inland Municipal Waters and marine Municipal Waters. No person shall be licensed

to fish within the Municipal Fishing Zone unless he or she is duly registered with the

Registry of Municipal Fisherfolk.The Municipal Fishing Zone may be further subdivided

into sub-zones for specific fishing activities by the Municipal Mayor, through the office ofthe Municipal Agriculture.

b. Aquaculture/ Mariculture Zone- the Aquaculture/ Mariculture Zone shall be composed ofthe waters of rivers and waters near the shoreline.

Provided,that not more than ten percent (10%) of the surface area of the rivers of the

Municipality may be devoted to aquaculture and mariculture purposes; Provided further,

nothing in this section shall be interpreted to justify the construction of structures that


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obstruction to navigation, the flow and the ebb tides, or the migration paths of fish and

other aquatic species.

c. Fish Sanctuary/Marine Reserve Zone- The Fishery Refuge/ Sanctuaries of Lagonoy shallbe at least 15% of total coastal area of municipal waters as determined by the

Sanggunian by appropriate ordinance and upon recommendation of and consultation

with the FARMC and to establish additional Fish Refuges/Sanctuaries as may be

necessary in accordance with Article V hereof.

All fishing activities are prohibited within the Fish Refuge/Sanctuaries. No License shall

be interpreted to justify any form of fishing activity within designated Fish

Refuge/Sanctuaries.

d. Demarcated Fishery Areas- The Sanggunian shall, by appropriate ordinance, designatedDemarcated Fishery Areas within the municipal waters:

SECTION 8. GRANT OF FI SHI NG PRIVI LEGES IN MUNICIPAL WATER

The duly registered municipal fisherfolk organization/ cooperatives shall have preference in the

grant of fishery rights by the Sangguniang Bayan, as mandated under Section 149 of the LocalGovernment Code of 1991.

Provided, that the privileged shall be granted only to existing and functional municipal fisher

folk organization/ cooperatives duly accredited by the Sangguniang Bayan and whose membershave resided in the municipality for at a least (6) months and listed in the registry of municipal

fisher folk. However, organization/ cooperative members whose household is already inpossession of a fishery right other than for fish capture cannot enjoy the fishing rights granted to

the organization or cooperative.

Provided further, that the Sangguniang Bayan may require a public bidding in the event thatthere are two (2) or more qualified fisherfolk cooperatives/ organization, which applied for the

grant of such privileges. In the absence of such organizations or cooperatives or their failure toexercise their preferential rights, other parties may participate in the public bidding provided the

they are Filipino citizens, have resided in the municipality for at least one (1) year andrecommended by the FARMC.

However, if there is no organization participated in at least two (2) calls for public bidding, the

Sangguniang Bayan shall award or grant such rights or privileges to qualified individuals,cooperatives or organizations upon recommendation of the FARMC. The corresponding permit

or license to operate shall be issued by the City Mayor upon payment of the annual feesprescribed under section 15 of this ordinance.

Provided furthermore, that the Chairman Committee on Agriculture and Fisheries. MAO/CRMO

and the duly designated awardees representatives from the FARMC shall be responsible for theconduct of pre-qualification of bidding, evaluation of bids, and the recommendation of awards

concerning the grant of subject fishing privileges.


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As a guarantee of good faith, abiders bond in the amount corresponding to the prescribed

minimum rental of the allotted area for the fishing privileges shall be mandatory requirement.Provided, that the bond of the winning bidder shall be forfeited in favor of the Municipal

Government in case of failure to execute the granted fishing privilege within three (3) monthsafter its grant/ award by the Sangguniang Bayan and issuance of the corresponding license to

operate by the Municipal Mayor.

Provided finally, that all applications for the grant of fishing privileges along the requiredlocation plan of the area being applied for and the Cooperatives Articles of Incorporation,

Constitution and By-Laws and Certificate of Registration shall be filed with the SangguniangBayan through Office of the Municipal Agriculture Office/CRMO and the FARMC. The

application form for this purpose shall be advised.

SECTION 9. ESTABLI SHMENT OF FI SH SANCTUARY AND M ARINE RESEVE

The Sanggunian may, through an appropriate ordinance, may establish a Fishery

Reserve for special or limited use, or for educational, research and/ or special managementpurposes. The boundaries of such Fishery reserve shall be deemed to have been accordingly

amended, while the terms and conditions of subsequent licenses shall be deemed to incorporate

the said limitations. The Municipal Mayor, through the MAO/CRMO, shall be responsible for

determining the appropriate terms and conditions of the licenses in order to achieve the

purposes of the Fishery reservation.

There shall also have an establishment of a Fishery Refuges/Sanctuaries for the purpose

of strengthening the habitat and spawning grounds of fish and other aquatic resources, ensuring

sustainability of fish stocks, maintaining or rehabilitating fish stocks, and similar purposes. The

boundaries of such Fish Refuges/Sanctuaries shall be clearly defined and publicized. No fishingin any form shall be allowed within such Fish Refuges/Sanctuaries, and no license shall be

interpreted as authorizing fishing activities within such areas.

SECTION 9-A. ACTIV ITI ES REQUIRING PERMITS

All scientific and educational institutions, groups, and ventures that intend to use the

coastal, marine and fishery resources of the Municipality of Lagonoy must secure permission,

necessary permits and other documentation from the LGU prior to initiation of activities which

transgress any provision of this Ordinance.

SECTION 10. FI SHERFOLK REGISTRATION AND L ICENSING

All fisherfolk including municipal fishing boats and gears used for fishing activitieswithin the municipality must be registered and in possession of a Certificate of Fisherfolk

Registration (CFR), fishing license and a vessel license, if applicable, prior to fishing operation.


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The Municipality of Lagonoy through the Municipal Agriculturist Office (MAO)/ CRMO

shall keep a registry of fisherfolk and/or their organizations. Gear types and specifications shallbe incorporated in the Fisherfolk Registry. The registry shall be for purposes of information

generation, monitoring and regulation. It shall also serve as basis for determining preferentialrights as to the use of its municipal waters. All fishery-related activities in the municipal waters

shall be permitted only to municipal fisherfolk and their cooperatives/organizations listed in the

registry.

The MAO/CRMO shall maintain and update the registry of fisherfolk and their fishing

gear with assistance of the B/MFARMC, and submit the updated registries to the Office of the

Mayor. The Barangay Councils of coastal barangays shall be furnished a copy of the registry to

be posted in their respective barangay halls and other strategic locations where it shall be open

to the public for validation of the correctness and completeness of the list.

All qualified fisherfolk shall be registered with the Municipality through theMAO/CRMO. All fishing gear and/or paraphernalia to be used by the applicant fisherfolk shall

be registered simultaneously. Municipal fisherfolk shall be qualified to secure a license, uponcompletely filling-up the prescribed application form. Registered fisherfolk shall carry withthem their Certificate of Fisherfolk Registration (CFR) and license at all times when engaged in

fishing operations and present or surrender the same, whenever and wherever requested by thePNP Maritime-Group, PNP, B/MFARMC, BantayDagat Personnel and other duly authorized

law enforcer.

Only the municipal fisherfolk who meet the following eligibility requirements shall be

allowed to register:

a. A citizen of the Philippines;b. Must be directly or personally physically engaged in the taking and processing of

fishery and/or aquatic resources from the wild state or habitat with or without the

use of fishing vessel;

c. A resident of the Municipality for at least six (6) months and;d. Eighteen (18) years of age and above


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SECTION 11. REGISTRATION AND LICENSING OF MUNICIPAL FISHING BOAT

CODING SYSTEM

All municipal fishing boats shall maintain the red color code and the CAS12-PC 0001

etc. numbering and letter code assigned. The prescribe letter coding for every barangay

preceding the number is stated below. The designated color of red shall be painted on both side

of the hull in a rectangle framing the municipal code. All licensed fishing boats must have a

name and bear the prescribed municipal code provided by the MARINA pursuant to Executive

Order no. 305. The price of boat coding will be incorporated into the fishing vessel license fee.

Painting of boats will be the responsibility of the MAO/CRMO.

Barangay Code

Panicuan PCCabotonan CA

Omalo OMKinahulugan KI

Panagan PNSan Sebastian SS

Bocogan BCDel Carmen DC

Olas OLMapid MP

Sta. Cruz SCSan Isidro SI

Guibahoy GBBalaton BL

Himanag HM

Sipaco SPMangogon MN

The corresponding license to operate fishing vessels shall contain therein the name and

address of the owner, the vessels registry number and measurement, engine brand and

horsepower, type of fishing gear to be utilized in its operation, name of vessels, color and other

identifying marks.

SECTION 12. CREATION OF MUNICIPAL FARMC

The Municipal Fisheries and Aquatic Resource Management Council is hereby created,

composed of the following;

a. The Municipal Planning and Development Officer;b. The Chairperson of the Committee on Fisheries of the Sanggunian;c. One (1) representative of the Municipal Development Council;d. One (1) representative from the Department of Agriculture;e. One (1) representative of an accredited non-government organization;f. One (1) representative from the private sector;


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g. Eleven (11) representatives of fisherfolk in the Municipality, of whom seven(7) are from the municipal fisherfolk, three (3) from the commercial fishers,and one (1) is from the fishworkers sector, provided, that such representatives

shall also include those from the youth and women sectors.

The members of the MFARMC shall be appointed by the Municipal Mayor, uponnomination by their respective offices or organizations. Their terms of office shall be one (1)year, subject to renewal. Members shall be entitled only to reasonable per diems for attendance

at meetings of the FARMC.

In case of members described in paragraphs e to g of Section 1 hereof. TheMunicipal Mayor shall request nominations from all civic, non-government, business, or other

organizations and associations based in the municipality and accredited therewith. Suchnominees must be bona-fide actual and permanent residents of the municipality, involved with or

familiar with the fishing activities of the area, and be respected citizens of the community. Thelist of nominees shall be disseminated and posted in the barangay halls and strategic locations

within the municipality at least thirty (30) days prior to the selection of members. Absent anyobjections, persons meeting the qualifications may be appointed by the Mayor to the MFARMC.

Vacancies shall be filled in the same manner.

The MFARMC shall exercise the following functions;

a. Assist in the preparation of the Municipal Fishery Development plan andsubmit such plan to the Municipal Development Council;

b. Recommend the enactment of municipal fishery ordinances to the Sanggunianthrough its Committee of Fisheries;

c. Assist in the enforcement of fishery laws, rules and regulations in MunicipalWaters;

d. Advise the Sanggunian on fishery matters, through its Committee onFisheries;

e. Perform such other functions as may be assigned by the Sanggunian.SECTION 13. CREATION OF THE MUNICIPAL FLET

A volunteer Fishery Law Enforcement Team ( FLET) is hereby created. Deputized FLETmembers are authorized to assist regular law enforcement officers such as the Philippine

National Police Maritime Group, Philippine Coast Guard, or Philippine Navy, in theenforcement of the provisions of this Ordinance as well as all other laws, rules, and regulations

on fisheries and aquatic resources. The FLET shall also assist the MAO/CRMO in carrying outits duties and functions. For legal purposes, they are deemed to be persons rendering assistance

to persons in authority, and shall be subject to the direct control and supervision of a regularlaw enforcement officer.


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FLET Members are expected to carry out the following functions on a regular basis:

1. Effect the full implementation of this Ordinance;2. Participate in law enforcement activities in both sea-based and land-based

patrolling;

3. Establish a monitoring and control system and engage in surveillance andapprehension of any all violators of the Ordinance occurring in the Municipality;

4. Recommend measures for the protection and enhancement of the coastal and fisheryresources and solutions to resource use conflicts;

5. Assist and support in the conduct of community consultations, dialogues, andcampaigns in all advocacy and Information, Education and Communication (IEC)

activities.

The municipal FLET shall be initially funded XX,XXXPhp and thereafter a budget ofXX,XXX Php shall be allocated from the annual municipal budget for FLET operations. The

MAO/CRMO with the MPDO shall ensure inclusion of the FLET budget in the annual municipalbudget.

The municipal FLET shall be equipped with classroom and field trainings on

environmental and fishery law, values formation, basic and advanced paralegal topics,apprehensions, collection of evidence, inspecting fish, GPS and mapping, and additional

trainings that will enhance their knowledge and skills.

The Local Chief Executive with the approval of the Sangguniang Bayanwill beresponsible for equipping the FLET with basic functional equipment such as but not limited to

sailing and harbor charts and maps, still camera, binoculars, evidence bag, compact taperecorder, GPS unit, handcuffs, cell phone and/or short wave radio, and uniforms.

The FLET should have access topatrol boats as are necessary for meeting the demands oftheir patrol schedule and the geographic size of their municipal waters, as well as annuallyallocated LGU funds for patrol boat fuel and other surveillance and operation funds as needed.

The LGU and MFARMC shall seek the assistance of BFAR and other law enforcement

agencies to enhance the capabilities of the FLET. The MFARMC shall seek the assistance of theLGUs, BFAR, and other law enforcement agencies in the conduct of advocacy and training with

the police, judge, prosecutors, and local executive, and must implement strategies to achievesupport from legal bodies.

SECTION 14. INCENTIVES FOR MUNICIPAL FLET

To ensure social and economic equity of the municipal deputy fish wardens, the LGUshall provide incentives in the form of honorarium, insurance coverage, medical benefits,

livelihood opportunities and scholarships for the children of the deputy fish wardens. The LGUshall provide legal assistance and transportation allowance to FLET members in case counter

charges from violators will be filed.


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The Local Chief Executiveshall ensure XX% of the annual FLET budget is used for

incentives for each active member of the FLET (this percentage shou ld be based on the budgetnumber set by the SB in the above Section 10). In addition, XX% of the income derived from

fees, licenses, permits, taxes, fines and penalties, and other fisheries-related businesses such asbut not limited to, fish dealing, processing, concessions and fish pond operations shall be

remitted to a MAO fund allocated exclusively for FLET incentives and operational support.

SECTION 15. DEPUTIZAT ION OF THE MUNICIPAL FI SH WARDENS

No person shall become a deputized member of the FLET unless he or she has

successfully completed the three-day basic training course in fishery law enforcement asprescribed or administered by the Bureau of Fisheries and Aquatic Resources. The municipal

fish wardens shall be deputized by the Local Chief Executiveof the Municipality, after receivinga certificate of training from the BFAR Region 5 Director.

SECTION 16. PROHIBITIONS AND PENALTIES

This section divides the prohibitions and regulated acts, and the attendant penalties, into

four main categories:

A. Based on fishing method employedB. Based on location of fishery activityC.Based on the resource exploitedD. Other prohibited/regulated acts.

A. Based on F ishing M ethod Employed

1. Actual Use of Explosives, Noxious or Poisonous Substances and/or Electricity for Illegal

Fishing (Section 88 RA 8550 & FAO 206).

Elements Penalty

Fishing with explosives:

Use of dynamite, other explosives or other

chemical compounds that contain

combustible elements or ingredients,which upon ignition by friction,

concussion, percussion or detonation ofall parts of the compound will kill, stupefy,

disable or render unconscious any fisheryspecies.

The use of any other substance and/ordevice, which causes an explosion that, is

capable of damaging and altering the

Prosecute under RA 8550 Section 88,

without prejudice to the filing of

separate criminal cases when the use of

the same result to physical injury or

loss of human life.

Municipal confiscation of devices,

vessels, equipment and catch.

Revocation of municipal fishing

licenses, fishing vessel and gear

licenses upon apprehension, and a


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natural habitat.

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 a row or processed form harmfulor harmless to human beings, which will

kill or stupefy/disable or renderunconscious any fishery species, and is

capable of damaging and altering aquatichabitat.

Electrofishing:

The use of electricity generated by batteries,

electric generators and other sources ofelectric power, to kill, stupefy, disable orrender unconscious any fishery species

whether or not the same are consequentlyrecovered.

moratorium on banning new licenses to

offenders for a period of 1-2 years.

2. Mere possession of Explosives, Noxious or Poisonous Substances and/or Electrofishing

Devices for Illegal Fishing (Section 88 RA 8550 & FAO 206).

Elements Penalty

Explosives, noxious or poisonoussubstances and/or electrofishing

devices are discovered on board afishing vessel.

Explosives, noxious or poisonous

substances and/or electrofishingdevised are used or are to be used for

illegal fishing.





loss of human life.

Municipal confiscation of devices,

vessels, equipment and catch.

Revocation of municipal fishing permit,

fishing vessel and gear licenses upon

apprehension for a period of 1-2 years.


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3. Use or Mere Possession of Air Compressor in Municipal waters (DILG Memo No. 129 s.2002).

Elements Penalty

Compressor and its accessories used

for illegal fishing.

Compressor and its accessories found

on board a fishing vessel.

Use of air compressor for performing

underwater work shall only be allowed

for the purpose of retrieving/salvagingof fishing gears, if prior to its usage a

permit to operate the air compressor isgranted from the MAO and the

Municipal Mayor.

Imprisonment for a period of 6 months.

Confiscation of compressor and

accessories, fish catch, and fishing

gears.

4. Use of Fine Mesh Nets (Section 89 RA 8550 & FAO 155).

Elements Penalty

The mesh size of nets is smaller than (less

than 3 centimeters between 2 opposite

knots of a full mesh when stretched) that

allowed by the MAO or any configurationof overlaid nets that create a mesh size

smaller than three (3) centimeters

(trammel net), and the fishery species

gathered are not fry, anchovy (dilis,

sirom-sirom), glass eels, elvers, tabios,

and alamang and other species which by

their nature are small but mature, to be

identified by the MAO and BFAR.

Fine of Php 2500 per crew including

the owner of the vessel, or

imprisonment for 6 months, or both.

Confiscation of fish catch and fishing

gears.

5. Use of Kalansisi (Ring net) and all other Active Gears in Municipal Waters and Bays andOther Fishery Management Areas (Section 90 RA 8550 & FAO 201).

Elements Penalty

Fishing gear/devices is used for fishing

Fishing gear/device used is





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characterized by gear movement,

and/or pursuit of the target species by

towing, lifting, pulling and pushing the

gear, surrounding, covering, dredging,

pumping and scaring the target species

to impoundments.


loss of human life.

If vessel in question is above 3 GT,

recommend for revocation of

commercial fishing license to DA-

BFAR.

6. Use of Muro-Ami and Any of Its Variations e.g. paradual, kayakas, tupak, suklob, etc. (Section

92 RA 8550 & FAO 203).

Elements Penalty

Method and gear used for fishing

require diving and other physical ormechanical acts to pound coral reefs

and other habitats.

Act of pounding coral reefs and other

habitats is meant to entrap, gather or

catch fish.

Fine amounting to Php 2500 per crew

member including the owner orimprisonment of 6 months, or both.


gears.

7. Use of Gear and Method which Destroy Coral Reefs, Seagrass Beds and Other Fishery Life

Habitats (Section 92 RA 8550 & FAO 203).

Elements Penalty

Sinsuro (beach seine), and other

modifications and method used for

fishing are destructive to coral reefs,

seagrass beds and other fishery marine

life habitats as may be determined by

LGU in consultation with the FARMC.

Fine of Php 2500 per violator or

imprisonment of 6 months, or both.

In the case of sinsuro, only the

owner/operator shall be penalized. The

owner/operator of the vessel shall be

fined Php 2500 or imprisonment for aperiod of 6 months, or both.


gears.

8. Use of Superlight within Municipal Waters (Section 44 & 93 RA 8550 & FAO 204)


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Elements Penalty

Fishing activity is conducted within

municipal waters.

Uses halogen or metal halide bulb(s)pursuant to the definition of superlight

in FAO 204.

Fine of Php 2500 per crew member or

imprisonment for a period of 6 months,

or both.

Confiscation of superlight, fish catch

and fishing gear.

B. Based on Location of Fishery Activity

1. Commercial Fishing Vessels Fishing Within Municipal Waters (Section 86 RA 8550)

Elements Penalty

Fishingfor trade, business or profit.

Fishing may be permitted by LGU for

subsistence, sports fishing and/or

educational/scientific purposes.

Fishing vessels of more than 3 Gross

Tons (GT).





loss of human life.

Recommend for revocation ofcommercial fishing license to DA-

BFAR.

2.

Commercial Fishing by Commercial Fishing Vessels in Bays and Fishery Management Areas

declared as Over-exploited or Over-fished (Section 96 RA 8550).

Elements Penalty

Fishing vessels of more than 3 Gross

Tons (GT).

Fishing vessel fishing within an area

declared by the LGU in consultation

with DA-BFAR, as over-exploited.





loss of human life.


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Recommend for revocation of

commercial fishing license to DA-BFAR.

3. Fisherfolk fishing within the Municipal Waters without being listed in the registry ofMunicipal Fisherfolk (Section 86 RA 8550).

Elements Penalty

Municipal fisherfolk involved is not

listed in the registry of municipalfisherfolk.

Fine of Php 1,000.00.

Confiscation of catch.

4. Fishing in Overfished Areas and During Closed Season (Section 95 RA 8550).

Elements Penalty

Fishing activity is within an area

declared by LGU in consultation withDA-BFAR to be overfished or during

closed season.

Fine of Php 2500 or imprisonment of 6

months, or both.

Confiscation of catch.

Cancellation of fishing permit or

license.

5. Fishing in Fish Sanctuaries and Fishery Reserves (Section 96 RA 8550).

Elements Penalty

It shall be unlawful to fish in fishery

areas declared in duly circulated and

effective Municipal Ordinances as

fishery reserves and fish sanctuaries.

Fine of Php 2500 or imprisonment for a

period of 6 months, or both.


gears.

C. Based on Resource Exploited

1. Coral Exploitation and Exportation (Section 91 RA 8550 FAO 184 & 202).


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Elements Penalty

Ordinary, precious and/or semi-

precious corals, whether raw or in

processed form, are gathered,

possessed, sold or exported by anyperson or corporation.

Such activities are not for scientific or

research purposes.

Violations of this provision shall be

punished by a fine amounting of Php

2500 per violator or imprisonment for

a period of 6 months, or both.

Forfeiture and proper disposition of the

subject corals.

Confiscation of fishing vessel.

2. Taking or Catching, Selling, Purchasing and Possessing, Transporting or Exporting of

Endangered, Rare, and/or Threatened Species (Section 97 RA 8550 & FAO 208).

Elements Penalty

Any person or entity takes, catches,

sells, purchases and possesses,

transports or exports Rare, Threatened

or Endangered aquatic species

specified in the CITES , including but

not limited to whale sharks

(butanding), manta rays (pagi

pasapasa species), sea turtles

(pawikan), dolphins (lumba-lumba) and

dugong.

Prosecution under RA 8550 and the

penalty stipulated in Fisheries

Administrative Order no. 208.


subject species.

3. Capture of Sabalo and Other Breeders/Spawners (Section 98 RA 8550 & FAO 168).

Elements Penalty

Catching and gathering, capturing or

possessing mature milkfish or sabalo60 cm in length and above.

Catching, gathering, capturing or

possessing of such other

breeders/spawners as may be


imprisonment for a period of 6 months,or both.

Confiscation of breeders, spawners,

eggs or fry.

Recommend the revocation of and/or


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determined by DA-BFAR.

Except when used for local breeding,

fishpond aeration, scientific, or

research purposes as may be allowed

by the Municipality in coordination

with DA-BFAR.

cancel fishing gear license and/or

fishing license.

4. Gathering and Marketing of Prohibited Shellfishes including Triton shell, and those listed

under CITES (Sec 103 RA 5550)

Elements Penalty

Shellfish is sexually mature, below the

minimum size or above the maximumquantities prescribed by DA-BFAR for

a particular species.

Taking, selling, transferring or

possessing any CITES-listed shellfish

for any purpose.

Prosecution under RA 8550 Section

103.


subject shellfish.

5. Gathering of live Aquarium Fish. (FAO 148)

Elements Penalty

Gathering or selling of live aquarium

or ornamental fish from the municipal

waters, without a permit duly issued bythe DA-BFAR for that purpose.




subject aquarium fish.


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6. Cutting or Conversion of Mangroves (Section 94 RA 8550 & RA 7161 & PD 705).

Elements Penalty

Cutting or converting mangroves forany purpose or converting mangroves

into fishponds, or for any otherpurpose.

The apprehending officer will

immediately report the offender to the

appropriate authorities at the local

CENRO and Regional DENR.

Fine of Php. 2,500 per tree cut per

violator.

D. Other Prohibited/Regulated Activities1.Engaging in any Fishery Activity in Municipal Waters without a License, Lease or Permit

(Sec. 86 RA 8550)Elements Penalty

Exploiting, occupying, producing,

breeding, culturing, gathering fish/fih

fry/fish fingerlings of any fishery

species or fishery products, or

engaging in any fishery activity within

the municipal waters, where such

activities are conducted without the

benefit of any license, lease or permit.



Confiscation of catch and fishing gears.

2. Gathering, Selling, Exporting of White Sand, Silica, Pebbles and Other Substances that makeup the Marine Environment (Section 92 RA 8550 & FAO 203).

Elements Penalty

White sand, silica, pebbles and other

substances are gathered, sold or

exported without permit.

Such white sand, silica, pebbles and

other substances are gathered from the

coastal and marine environment

without permit.



Confiscation of the vehicle and the

equipment.

Confiscation of the substance taken

from its marine habitat.


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3.Dealing in, selling, or in any manner disposing of for profit, illegally caught/gatheredfisheries species (Section 88 RA 8550 & FAO 206).

Elements Penalty

Dealing in, selling or disposing of

illegally caught/gathered fisheriesspecies.

Such activities must be for profit.



Forfeiture of the subject fisheriesspecies.

4.Aquatic Pollution (Section 102 RA 8550)Elements Penalty

Aquatic pollution may be committed by:

The introduction by human or machine,

directly or indirectly, of substances or

energy to the aquatic environment,

which result, or is likely to result, in

such deleterious effects as:

o to harm living and non-living

aquatic resources.

o To pose potential and/or real

hazards to human health.

o To pose a hindrance to aquatic

activities such as navigation

and fishing.

Dumping/disposal of waste and other

aquatic litters from any water, land or

air transport or other human made

structure.

Deforestation which causes similar

hazards and deleterious effects

including sedimentation of aquatic

environments.

Unsound agricultural practices, such

as the use of banned chemicals,


imprisonment for 6 months, or both.

An additional fine of Php 500 per day

until the violation ceases and all fines

are paid.

The violator shall shoulder the cost of

restoring immediately affected areas to

restoration, at the discretion of the

Court.


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intensive use of artificial fish feed and

wetland conversion, which cause

similar hazards and deleterious effects.

5. Failure to comply with Minimum Safety Standards (RA 8550 Sec. 103)Elements Penalty

The owner and captain of a municipal

fishing vessel are engaged in fishing

and fail to exhibit or show proof of

compliance with minimum safety

standards, such as, but not limited to a

life vest for every crew member and a

first aid kit.

Fine of Php 2500 for owner and

captain.

Fishing vessel shall be immediately

prevented from continuing with fishing

activities and escorted to nearest port

or landing point.

Suspension of license until safety

standard has been complied with.

6. Violation of Catch Ceilings (Section 101 RA 8550)Elements Penalty

Fishing in municipal waters in

violation of catch ceilings which may

be determined by DA-BFAR.

Fine of Php 2500 or violation or


or both.


gears.

7. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay(Section 103 RA 8550 & FAO 216/217)

Elements Penalty

Erecting or maintain structures which

cause obstruction to navigation lanes

or zones to be defined in a subsequent

municipal zoning ordinance, or the free

flow and ebb of tide.



or both.

Dismantling of the obstruction shall be

at the violators expense.


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8.Construction or Operation of Fish Corrals, Fish Traps, Fish Pens and Fish Cages

(Section 103 RA 8550)

Elements Penalty

Construction and operation of fishcorrals/traps, fishpens and fish cages

without the benefit of a permit/license.

Fine of Php 2500 per violation orimprisonment for a period of 6 months,

or both.

Dismantling of the fish corrals, traps,

pens and fish cages shall be at the

violators expense.

9. Failure to Conduct Yearly Production Report on Licensed Fishponds, Fishpens and Fishcages

Elements Penalty

Owner of fishpond, fishcage, fish pen

with valid license or lease fails to

provide Municipal Agricultural Office

with a yearly report on type of species

and volume of production.

Fine of Php 2500 per unreported

hectare (ponds, pens and cages with a

combined area of less than 1 hectare

will be charged for 1 hectare).

Confiscation of fish species, for

fishpens and fish cages.

Recommend cancellation of lease

agreements for fishpond areas to DA-

BFAR.

10.Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or

Crew (Section 104 RA 8550)

Elements Penalty

Employing unlicensed fisherfolks on a

commercial fishing vessel.

The owner/operator of the commercial

fishing vessel shall be fined Php 500 forevery month that each unlicensed

fisherfolk or fishworker was employed.

This fine shall be paid by the

owner/operator in their name for all

unlicensed fisherfolk or fishworkers.


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11.Obstruction of Defined Migration Paths (Section 105 RA 8550 & FAO 217)

Elements Penalty

Obstructing with dams or other water

course blockages any defined migration

path of anadromous, catadromous andother migratory species, such as

freshwater eels, in areas including, but

not limited to river mouths and

estuaries within a distance determined

by the concerned FARMCs and as

defined in a subsequent municipal

zoning ordinance.



Dismantling of the obstruction shall be

at the violators expense.

12.Obstruction of Fishery Law Enforcement Officer (Section 106 RA 8550)

Elements Penalty

When any Deputized Fishery Law

Enforcement Officer is performing his

duty.

Boat owner, master fisher or operator

or any person acting on his behalf

evades, obstructs or hinders suchfishery law enforcement from the

performance of his duty.

Fine of Php 2500 per violator.

Cancellation of registration, permit

and/or license of the vessel.

Cancellation of license of master fisher

on the fishing vessel.

13.Violation of the Terms and Conditions of a Fishing Vessel or Gear License

Elements Penalty

Violating any of the terms and

conditions of a fishing license issued by

the municipality to a fisherfolk for a

fishing vessel below 3 GT or fishing

gear.

Fine of Php 1000.

Cancellation of permit/license of

fisherfolk and of the fishing vessel.


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14.Violation of a Temporary Ban or Closure (Sec. 16 RA 8550)

Elements Penalty

Any activity involving catching or

collecting of fishery species specified as

banned in a temporary ban or closureissued by the municipality.

The public has been duly informed

through postings in the munisipyo and

in each coastal barangay posted in

each barangay hall and announced.

Fine of Php 2500 per violation or


or both.


gears.

15.Non-Compliance with Vessel Coding (Executive Order 305)

Elements Penalty

Failing to comply with the prescribed

color-coding and vessel identification

scheme of the Municipality, as outlined

in this ordinance.

Fine amounting to Php 1000 for bothowner and captain of vessel.

Confiscation of fish catch and fishinggears.

Release of confiscated items shall onlyoccur after payment of the required fees

for marking, and after vessel is actuallymarked, at the expense of the owner.

16.Failure to Secure Auxiliary Invoice (RA 8550 Sec. 15)

Elements Penalty

Transporting fish and fishery products

outside the municipality without an

auxiliary invoice issued by the

municipality.

Temporary hold of fishery products

until auxiliary invoice is secured and

presented. The apprehending officer

will not be liable in holding the fishery

products until auxiliaryinvoice is

secure and presented.

17.Possessing, Removing or Destroying Municipal Buoy Markers

Elements Penalty

Possessing, displacing, removing or

destroying buoy markers installed by

the municipality for the purpose of

demarcating marine sanctuaries,



Confiscation of the buoy markers.


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fishery reserves, municipal waters, or

other zones.

18.Abandonment of Fishing Vessel, Gear or Facility

Elements Penalty

Abandoning a fishing vessel, fishing

gear or an aquaculture or mariculture

facility in the municipal waters for any

reason other than force majeure.



Additional fee of Php 100 per day

depending on the gross tonnage.

Confiscation of subject fishing vessel

and fishing gears.

Removal of the abandoned vessel,

gears or facility at the violators

expense.

Vessels not removed after 30 days will

be forfeited to the LGU.

SECTION 17. PERSONS, AGENCIES AND DEPUTIES TO ENFORCE TH IS

ORDINANCE

The following are the authorized persons/deputies to enforce this Ordinance:

Deputized Municipal Fish Wardens

1. Punong Barangay2. Sangguniang Barangay

3. Local Chief Executive4. Sangguniang Bayan

5. Municipal Agriculture Officer/ Coastal Resource Management Officer

6. PNP Officers7. PNP Maritime Officers8. Philippine Coast Guard

9. Other authorized agencies


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SECTION 18.INCLUSION OF FISHERI ES CONSERVATION SUBJECTS TO SCHOOL

CURRICULUM.Fisheries conservation subjects shall be incorporated in the curricula ofelementary and secondary schools both private and public. (R.A. 8550 sec. 117) to inculcate in

the minds and hearts of the people through education the importance of preserving andprotecting the environment. (S.C.G.R. Nos. 171947-48)

Also, Sec.118 of the R.A. 8550 otherwise known as The Philippine Fishery Code of 1998 statesthat, the Department, the CHED, the DECS and the Philippine Information Agency shall launchand pursue a nationwide educational campaign to:

a.) help realize the policies and implement the provisions of the this code;b.)promote the development management, conservation and proper use of the

environment;

c.)promote the principle of sustainable development; andd.)promote the development of truly Filipino-oriented fishing and ancillary

industries.

Sec. 116 of R.A. 8550 states that, the Department, CHED, DECS, TESDA, shall upgrade State

Fisheries Schools/Colleges which provides both formal and non-formal education: Provide,however, that the CHED shall incorporate Approfishtech in the curricula of fisheries

schools/colleges.

The Department and the CHED shall jointly formulate standards to upgrade all fisheriesschools/colleges. Fisheries schools/colleges that do not meet minimum standards shall be closed.

SECTION 19. MANDATORY REVIEW

The Sangguniang Banyan and Panlalawigan with the Municipal FARMC shall undertake themandatory review of this Ordinance at least once every three (3) years, to ensure that coastal

and fisheries policies and guidelines remain responsive to the changing situations ofcommunities and resources.

SECTION 20. APPROPRIATION CLAUSE

The Local Government Unit shall regularly provide funds to carry out and sustain the effectiveimplementation of this Ordinance.

SECTION 21. AUTHORITY TO SEEK AND NEGOTIATE EXTERNAL FUNDING

The Municipal FARMC is hereby authorized to seek and negotiate for external funding fromfinancial institutions and development agencies for the purpose of funding the operation and

activities of the FLET and to sustain the implementation of this Ordinance.


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SECTION 22. FORFEITURE OF CONFI SCATED I TEMS

The apprehending officer shall physically inventory and photograph if possible all confiscated

fishing vessels, gears, and other items, and submit these inventories with all necessary

documentation and reports to the trial Court within five days of the date of original seizure. The

release or forfeiture of these items is up to the discretion of the Court, in accordance with theguidelines delimited in Rule 12 of the Administrative Matters 09-6-9-SC: Rules of Procedure for

Environmental Cases.

SECTION 23. DISPOSAL OF FORFEITED FI SH CATCH

The Municipal FLET shall dispose of fish catch to municipal jails, government hospitals, andother charitable institutions located within the reasonable accessible vicinity of the

apprehension, for the consumption of the inmates/patients thereof. Provided however, that whennecessary the teams shall cause the sale or public auction of the confiscated fish catch and the

proceeds of which shall be turned over to the municipal treasurers office.In addition,forfeitedfish catch shall be also disposed to indigent residents provided however, that they are certified

by the Municipal Social Welfare and Development Office.

SECTION 24. CONFI SCATION, TREATMENT & DISPOSAL OF IL LEGALLY CAUGHT

FISH (FAO 206)

When a deputized fish warden or law enforcement officer seizes fish suspected to have been

caught by means of explosives or noxious and poisonous substances, he shall follow theguidelines for confiscation, treatment and disposal contained in Fisheries Administrative Order

no. 206.

SECTION 25. INCENTI VES SCHEM E

As incentives for proper law enforcement, the fines generated from applying the penalties of this

Ordinance, either through judicial or administrative means, the Municipal Treasurers Officewill remit these funds in the to the following parties:

XX% to the apprehending officers who participated in the

apprehension XX% will be given to the MFARMC

XX% will be given to the Municipal government.

Provided however, that all expenses stemming from the apprehension operation will be deducted

from the fines generated.All fines imposed by the Court shall be paid directly to the MunicipalTreasurers Office who shall act accordingly under the incentive scheme provided in this

ordinance.


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SECTION 26. TRANSITORY CLAUSE

The LGU shall provide funds for the implementation of this ordinance including personnel, per

diem, honorarium, transportation, maintenance, equipment and other operational expenses.

Nothing in this section shall deprive the Sangguniang Bayan to support the full implementationof this ordinance. The LGU through the Sangguniang Bayan shall within six (6) months of

publication of this ordinance, appropriate funds to carry out above undertakings; otherwise, theyshall be held liable under the Local Government Code of 1991.

SECTION 27. SEPARABILI TY CLAUSE

If for any reason any sections(s) or provision(s) of this ordinance is held unconstitutional or

invalid, other sections or provisions hereof which are not affected shall remain in full force andeffect.

SECTION 28. REPEAL ING CLAUSE

Law enforcement parts of any municipal ordinances, and other municipal rules and regulationswhich are inconsistent or are in conflict with the provisions of this Ordinance are hereby

repealed/and or modified accordingly.

SECTION 29.EFFECTIVITY CLAUSE.

This Fishery and Coastal Law Enforcement Ordinance of the Municipality of Lagonoy shall take

effect after its approval by the Sangguniang Bayan and Sangguniang Panlalawigan. Specifically

the Ordinance shall take effect after said approval, 15 days after it is subsequently published in anewspaper of general circulation within the District. Copies of this ordinance shall be posted in3 conspicuous places in the municipality, and the Municipal Office of Agriculture shall

undertake IEC campaigns to inform all fisherfolk and coastal residents of the ordinance and itsprovisions.

UNANIMOUSLY APPROVED.

xxx------------------------------------------------------------------------------------------------------------xxxWE HEREBY CERTIFY that the above-quoted resolution was duly enacted by the

Sangguniang Bayan during its 16th

regular session held on December 02, 2013.


Secretary to the SanggunianDate:__________

BEN M. SABOCO

Presiding Officer

Municipal Vice MayorDate:__________


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Res. No. 058-2013

16thRegular Session

Political Term 2013 - 2016

BERNARDO V. FLORECE III ALFREDO R. CABRAL, JR.

SB Member SB Member

Date:__________ Date:__________

RANDY A. TEXON SERAFIN R. PESIMO, JR.SB Member SB Member

Date:__________ Date:__________

ERNESTO D. ODIAMAR, JR. JESUS P. OLIVARES, SR.

SB Member SB MemberDate:__________ Date:__________

CHRISTOPHER JOSEPH P. MISANES EMILY M. FANTE

SB Member SB MemberDate:__________ Date:__________

APPROVED:

DELFIN R. PILAPIL, JR.

Municipal MayorDate:__________


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ANNEXESa) Notice of Public Hearing

b) Certifications (Posting of Notice)

c) Minutes of Public Hearing

d) Attendance

e) Publication of Approved Municipal

Ordinance


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Office of the Sangguniang ayan21 August 2013

THE HONORABLE MEMBERSSangguniang Barangay__________, Lagonoy, Camarines Sur

Thru: PUNONG BARANGAY _________________

Gentlemen and Ladies,

Please be informed that the Sangguniang Bayan of Lagonoy, Camarines Sur will be conducting apublic hearing relative to the proposed FISHERY & COASTAL LAW ENFORCEMENT

ORDINANCE and the proposed ORDINANCE PRESCRIBING RULES & PROCEDURE IN

CONDUCTING ADMINISTRATIVE INVESTIGATION AGAINST ELECTIVE BRGY.OFFICIALS, THIS MUNICIPALITYon August 31, 2013 (9:00 A.M.) at the Balaton MunicipalExtension Office. Please find herein attached copies of said proposed ordinances for your perusal.

In relation thereto, the Sangguniang Bayan, thru the undersigned, is respectfully requesting your

Sanggunian to attend the said public hearing.

Your presence will be of big help to ensure the successful implementation of the above-mentionedordinances.

Thank you and cordial regards.

Respectfully yours,

SB MEMBER ALFREDO R. CABRAL, JR. SB MEMBER ERNESTO D. ODIAMAR, JR.Chairman, Committee on Rules and Chairman, Committee on Agriculture

Legal Matters

Noted:

BEN M. SABOCOMunicipal Vice Mayor

ANNEXNotice of Public Heari


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ANNEX IICERTIFICATIONS

POSTING OF NOTICE


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-oOo-Office of the Sangguniang ayanMINUTES OF THE PUBLIC HEARING RELATIVE TO THE FISHERY AND

COASTAL LAW ENFORCEMENT ORDINANCE HELD AT THE CABOTONAN

ELEMENTARY SCHOOL, CABOTONAN, LAGONOY, CAMARINES SUR ONSEPTEMBER 28, 2013.

xxx------------------------------------------------------------------------------------------------------------xxx

The opening prayer was led by Ms. Karen Decelo and the singing of National Anthemwas led by Ms. Alma Pentecostes, both from the office of the Sanggguniang Bayan Secretariat.

Please see attached sheet for the attendance.

At 10:00 oclock in the morning, SB Member Ernesto D. Odiamar, Jr. Chairman of the

Committee on Agriculture of the Sangguniang Bayan of Lagonoy, Camarines Sur called thepublic hearing to order.

The Master of Ceremony, Mr. Ariel Nitullano of the Office of the Municipal

Administrator, acknowledged the presence of the participating barangay officials.

In behalf of Punong Barangay Winnie Nabus of the host-barangay Cabotonan, Barangay

Kagawad ErlindaNabus delivered the welcome address.

Atty. Brix A. Pasiona, the municipal administrator, also delivered a message in behalf of

Mayor Delfin R. Pilapil, Jr.

Ms. Leah Villanueva, resource speaker from the World Wide Fund for Nature, togetherwith Municipal Agricultural Officer RusselBacares, presented and explained to the public the

salient provisions of the ordinance using a power point presentation.

RECESS:

At 12:00oclock noon, a recess was called.

RESUMPTION:

The public hearing was resumed at 1:00 oclock in the afternoon.

1 of 2 Pages

ANNEX IMinutes of Public Heari


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SB Member Ernesto D. Odiamar, Jr., together with the resource speaker continued the

presentation of the ordinance.

ADJOURNMENT:

At 3:00 oclock in the afternoon, the public hearing was adjourned.xxx------------------------------------------------------------------------------------------------------------xxx

WE HEREBY CERTIFY to the correctness of the foregoing.


Secretary to the Sanggunian

SB MEMBER ERNESTO D. ODIAMAR, JR.

Chairperson, Committee on Agriculture

2 of 2 Pages


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ANNEX IVAttendance


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ANNEX VCertifications

Publication of Approved Mun.Ord


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fishery ordinance series of 2013 -lagonoy

Documents

misanes sb memberhon

sangguniang bayanexcerpt

texon sb memberabsent

fante sb memberlate

camarines sur political

sangguniang bayan session

office copies

review of municipal