Está en la página 1de 38

1

Republic of the Philippines


Province of Cebu
Municipality of Bantayan

Resolution No.______
Series of 2010

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

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

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

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

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

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

ORDINANCE NO.___
Series of 2010

“AN ORDINANCE PROVIDING FOR THE DEVELOPMENT,


MANAGEMENT, CONSERVATION, REHABILITATION,
PROTECTION OF FISHERIES AND AQUATIC RESOURCES
INTEGRATING ALL ORDINANCES PERTINENT THERETO,
AND FOR OTHER PURPOSES IN THE MUNICIPALITY OF
BANTAYAN, PROVINCE OF CEBU”

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

CHAPTER I
TITLE AND DECLARATION OF POLICY

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

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


government to:
2

a) Achieve food security as the overriding consideration in the utilization,


management, development, conservation and protection of fishery resources in
order to provide the food needs of the population;

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

c) Ensure the rational and sustainable development, management and conservation of


the fishery and aquatic resources in the municipal waters;

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

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

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

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

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

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

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

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

Beginning 23 110 15’ 12” 1230 45’ 26”


thence 24 110 15’ 57” 1230 48’ 15”
thence 25 110 14’ 57” 1230 47’ 17”
thence 26 110 14’ 16” 1230 46’ 54”
thence 27 110 13’ 27” 1230 46’ 40”
thence 28 110 12’ 45” 1230 46’ 46”
thence 29 110 12’ 14” 1230 47’ 10”
thence 30 110 11’ 52” 1230 47’ 42”
thence 31 110 11’ 12” 1230 46’ 58” Coastal terminal point
thence following the
coastline to 1
Source: NAMRIA & M.O. No. 02-2006

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

c) All areas and activities or businesses relating to the use, development,


conservation, and management of fishery aquatic resources in coastal areas
whether private or public ownership.

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

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

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

2. Aquatic/Coastal Pollution - The introduction of substances from humans, animals, or


machines directly or indirectly into the coastal environment with deleterious effects which will:

a) harm living or non-living organisms, fishery resources, and all other coastal
resources;
b) pose potential and/or real hazard to human health; and
c) hinder or destructs all other coastal and fishery related activities.

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

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

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

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

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

7. Catch Ceilings – refers to the quarterly or annual catch limits allowed to be taken, gathered
or harvested from any fishing area in consideration of the need to prevent over-fishing and
harmful depletion of breeding stocks of aquatic or marine organisms.
4

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

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

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

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

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

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

13.1 Small Scale Commercial Fishing - fishing with passive or active gear
utilizing fishing vessels of 3.1 GT up to 20 GT;
13.2 Medium Scale Commercial Fishing - fishing utilizing active gears
and vessels 20.1 GT up to 150 GT;
13.3 Large Scale Commercial Fishing - fishing utilizing active gears
and vessels of more than 150 GT.

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

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

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

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

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

19. Demarcated Areas – are boundaries defined by markers and assigned for exclusive use
of the government or to specific individuals or organizations for certain specified and limited
uses such as:
a. aquaculture, sea ranching and sea farming (mariculture);
b. fish aggregating devices such as artificial reefs, fish shelter or payao’s;
c. fixed and passive gears; and
d. Marine Protected Areas (MPAs).

20. Department - shall mean the Department of Agriculture with line bureau the Bureau of
Fisheries and Aquatic Resources (DA-BFAR).
5

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

22. Endangered, Rare and/or Threatened Species – aquatic plants, animals, including some
varieties of corals and sea shells in danger of extinction as provided for in existing fishery
laws, rules and regulations in the Protected Areas & Wildlife Bureau (PAWB) of the
Department of Environment and Natural Resources (DENR) and in the Convention on the
International Trade of Endangered Species of Flora and Fauna (CITES).

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

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

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

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

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

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

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

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

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

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

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

35. Fishing Boat - include all boats regardless of make and type such as bancas, sailboats,
motor boats or any type of water crafts, whether licensed or unlicensed, used for fishing
and fish processing purposes or transporting the fish in the course of fishing operation to
every fish landing points, ports or markets.
6

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

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

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

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

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

a. Active fishing gear - is a fishing gear device characterized by gear movement,


and/or the pursuit of the target species by towing, lifting and pushing the
gears, surrounding, covering, dredging, pumping and scaring the target
species to impoundments; such as, but not limited to, trawl, purse seines,
Danish seines, Zipper, paaling, drift gill net and tuna longline.

b. Passive fishing gear - is characterized by the absence of the gear movements


and/or the pursuit of the target species; such as, but not limited to, hook and
line, fishpen, fishpots, crabpots, traps and stationary gill nets installed across the
migration path of the fish.

41. Fishery Management Areas – a bay, gulf, lake or any other fishery area which may be
delineated for fishing resources management purposes.
42. Fishery Operation – refers to any type of fishery livelihood including fishing gears
operated by any person or groups fishing within Municipal waters.
43. Fishery Operator – one who owns and provides the means including capital fishing gears
and vessel, but does not personally engage in fishery.
44. Fishery Refuge and Sanctuaries – a designated area where fishing and other forms of
activities deleterious to the ecosystem of the area is prohibited and human access may be
restricted.
45. Fishery Reserve – a designated area where activities are regulated and set aside for
educational purposes.
46. Fish fingerlings - a stage in the life cycle of the fish measuring to about 6-13 cm.
depending on the fish species.
47. Fish Cage – any method of culturing fish and fishery aquatic resources in an enclosure
which is either stationary or floating, made up of nettings or screens sewn or fastened
together and installed in the water with opening at the surface or covered and held in a place
by wooden or bamboo post of various types of anchors and floats.
48. Fish fry - a stage of which a fish has just been hatched usually with sizes
from 1.0-2.5 cm.
7

49. Fish Pen - an artificial enclosure within a body of water for culturing fish and
fishery/aquatic resources made up of poles closely arranged in an enclosure with wooden
materials, screen or nylon netting to prevent escape of fish.

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

51. Fish worker - a person regularly or not regularly employed in commercial fishing and
related industries, whose income is either in wage, profit sharing or stratified sharing basis,
including those working in fish pens, fish cages, fish corrals/traps, fish ponds, prawn farms,
salt beds, fish port, fishing boat or trawler, or fish processing and/or packing plants.
Excluded from this category are administrators, security guards and overseers.

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

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

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

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

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

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

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

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

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

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

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

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

64. Longline – a fishing gear extremely characterized with series baited hooks attached to a
monofilament nylon either set or drifting and requiring only periodical attention at more or less
fixed interval time.
8

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

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

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

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

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

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

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

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

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

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


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

75. Monitoring, Control and Surveillance (MCS)

a. Monitoring – the requirement of continuously observing:

(1) fishing effort which can be expressed by the number of days


or hours of fishing, number of fishing gears and number of fisherfolk;
(2) characteristics of fishery resources; and
(3) resource yields (catch).

b. Control – the regulatory conditions (legal framework) under which the exploitation,
utilization and disposition of the resources are regulated; and
9

c. Surveillance – the highest degree and types of observations required to maintain


compliance of all fishery related regulations.

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

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

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

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

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

81. Municipal Waters - for the purpose, the words “Municipal Waters” includes not only tidal
water included within the municipality, not being the subject of private ownership and
not compromised within the national parks, public forest, timber lands, forest reserves or
fishery reserves, but also marine waters included between two lines drawn
perpendicularly to the general coastline from points where the boundary lines of the
municipality touch the sea and the third line parallel with the general coastline is fifteen
kilometers from it. Where two municipalities are so situated on the opposite shores that the
distance is less than thirty (30) kilometers of marine waters between them, the third
line shall be a line equidistant from the opposite shores of the respective municipalities
properly delineated and defined in Section 3 (a) of this ordinance.

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

Formula: NT = GT x 0.68

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

84. Non-Governmental Organization (NGO) – an agency, institution, a foundation or a group


of persons whose purpose is to assist peoples organizations/associations in various ways
including, but not limited to, organizing, education, training research; resources accessing,
and /or livelihood opportunities.

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

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

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

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

a) too much harvesting in such a way that the mean size of fish species being
caught is sub-optimal and pre-mature size thereby providing depletion of the
stocks;
10

b) intense fishing pressures by which the natural processes of life cycle and
restocking through reproduction and resettlement is being impaired;
c) shift in fish community structures and biomass from which a dominant valuable
fish species were substituted by less dominant species with less economic value;
d) when resource users faced (fisherfolks) with declining fish catch and lacks any
other alternative means resulting to wanton destruction of marine and fishery
aquatic resource for their income.

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

91. Payao – is a fish-aggregating device (FAD) consisting of a floating raft anchored by a


weighted line with suspended materials such as palm fronds to attract pelagic and schooling
species common in deep waters.

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

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

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

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

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

97. Purse Seine – an active fishing gear or encircling net having a line at the bottom passing through
rings attached to the net, which can be drawn or pursed. In general, the net is set from a boat or pair
of boats around the school of fish. The bottom of the net is pulled closed with the purse line. The net
is then pulled aboard the fishing boat/s until the fish are concentrated in the bunt or fish bag.

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

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

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

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

102. Seaweeds – all marine algae used as food or producing derivatives such as agar, gums,
algin, carrageenan, or other extracts of economic or commercial value, such as but not
limited to gulaman-dagat (Tagalog), lato (Cebuano), gozo (Cebuano) and gamet (Ilocano)
and other seaweeds species found and grow in marine waters.
11

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

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

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

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

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

CHAPTER II
Classification of Municipal Waters

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

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

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

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

Section 9. Zone 5 – Marine Protected Areas (MPA) and/or Fishery Reserve, Refuge and
Sanctuaries. This refers to the areas technically and viably reserved for the establishment of
fish/marine sanctuaries pursuant to Sec. 80 & 81 of the Republic Act 8550. The concerned LGU in
consultation with the MFARMC must allocate, establish, and declare a Marine Protected Area
and/or Fishery Reserve, Refuge and Sanctuaries where all kinds of fishing activities shall be
prohibited in the core zone or no-take-zone except for educational, research, and/or special
management purposes.
12

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

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

Bantayan Integrated Fishery Reserve, Refuge and Sanctuaries (BIFRRS)

Particulars COORDINATES
Location/ Core Zone Points Distance
No Latitude Longitude
Barangay & Area (from) (meter or NM)
(Hectares) boundary (North) (East)
Year Establish

1 Atop-atop 1996 1
75.0 2
2 Tamiao 1996 3
4

3 Bantigue 1992 10.0 1 110 10’ .807" 1230 42’ .425” 200m
2 110 10’ .832" 1230 42’ .141” 500m
3 110 11’ .302" 1230 42’ .127” 500m
4 110 11’ .300" 1230 42’ .376” 200m

4 Botigues 1997 05.0 1 110 06’ 15.0" 1230 40’ 30.0” 500m
2 110 06’ 04.0" 1230 41’ 00.0” 100m
3 110 06’ 15.0" 1230 41’ 03.5” 100m
4 110 06’ 24.0" 1230 40’ 45.0” 500m

5 Doong 1997 10.0 1 110 04’ 30.0" 1230 37’ 37.5” 200m
2 110 04’ 30.0" 1230 37’ 45.0” 500m
3 110 04’ 48.6" 1230 37’ 45.0” 500m
4 110 04’ 48.6" 1230 37’ 37.5” 200m

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


1997
2 110 03’ 52.5" 1230 38’ 30.0” 500m
3 110 04’ 07.5" 1230 38’ 52.5” 500m
4 110 04’ 21.5" 1230 38’ 44.7” 200m

7 Patao 1998 10.0 1 110 13’ 45.6" 1230 40’ 31.0” 200m
2 110 13’ 50.4" 1230 41’ 48.0” 500m
3 110 13’ 58.2" 1230 41’ 34.0” 500m
4 110 13’ 53.5" 1230 40’ 22.0” 200m
13

Bantayan Integrated Fishery Reserve, Refuge and Sanctuaries (BIFRRS)


Particulars COORDINATES
Location/ Core Zone Points Distance
No Latitude Longitude
Barangay & Area (from) (meter or NM)
(Hectares) boundary (North) (East)
Year Establish
8 Panitugan, 20.0 1 110 07’ 00.0" 1230 42’ 15.0” 200m
Sulangan 1996
2 110 06’ 45.0" 1230 42’ 22.0” 1000m
3 110 06’ 45.0" 1230 42’ 29.0” 1000m
4 110 06’ 30.0" 1230 42’ 18.0” 200m

9 Guiwanon 2000 20.0 1


2
3
4

10 Baod 2002 20.48 1 110 12’ .065" 1230 41’ .800” 320m (.200NM)
2 110 11’ .980" 1230 41’ .531” 640m (.400NM)
3 110 12’ .448" 1230 41’ .376” 320m (.200NM)
4 110 12’ .520" 1230 41’ .582” 640m (.400NM)

11 Binaobao 2003 4.064 1 110 09’ .978" 1230 42’ .480” 200m (.125NM)
2 110 09’ .919" 1230 42’ .465” 203.2m
(.127NM)
3 110 09’ .923" 1230 42’ .376” 200m (.125NM)
4 110 10’ .100" 1230 42’ .500” 203.2m
(.127NM)

12 Oboob 2004 20.48 1 110 08’ .47" 1230 45’ .60” 320m (.200NM)
2 110 08’ .21" 1230 45’ .63” 640m (.400NM)
3 110 08’ .09" 1230 45’ .37” 320m (.200NM)
4 110 08’ .24" 1230 45’ .26” 640m (.400NM)

13 Sillon 2006 15.36 1 110 12’ 38.3" 1230 46’ 25.0” 320m (.200NM)
2 110 12’ 42.5" 1230 46’ 31.5” 480m (.300NM)
3 110 12’ 25.7" 1230 46’ 42.1” 320m (.200NM)
4 110 12’ 22.3" 1230 46’ 33.2” 480m (.300NM)

14 Baigad 2006 5.0112 1 110 11’ 00" 1230 47’ 29” 216m (.135NM)
Site-#1
2 110 11’ 12" 1230 47’ 37” 232m (.145NM)
3 110 11’ 16" 1230 47’ 34” 216m (.135NM)
4 110 11’ 09" 1230 43’ 37” 232m (.145NM)

Baigad 2006 5.0112 1 110 11’ 70" 1230 46’ 88” 216m (.135NM)
Site-#2
2 110 11’ 75" 1230 46’ 96” 232m (.145NM)
3 110 11’ 62" 1230 47’ 34” 216m (.135NM)
4 110 11’ 51" 1230 47’ 95” 232m (.145NM)

15 Kabac 2006 20.48 1 110 14’ 51" 1230 41’ 38” 320m (.200NM)
2 110 14’ 58" 1230 41’ 25” 640m (.400NM)
3 110 14’ 46" 1230 41’ 17” 320m (.200NM)
4 110 14’ 35" 1230 41’ 29” 640m (.400NM)
14

Bantayan Integrated Fishery Reserve, Refuge and Sanctuaries (BIFRRS)


16 Lipayran 2006 13.44 1 110 02’ 18.3" 1230 37’ 55.2” 240m (.150NM)
2 110 02’ 37.8" 1230 37’ 44.6” 560m (.350NM)
3 110 02’ 49.7" 1230 38’ 02.6” 240m (.150NM)
4 110 02’ 54.3" 1230 37’ 59.5” 560m (.350NM)

17 Hilotongan 2007? 32.0 1


2
3
4

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

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

Chairperson - Municipal Mayor


Vice-Chairpersons -(1) SB Chairperson, Committee on Agriculture & Fisheries
-(2) Municipal Agriculturist
Members - MPDC
- Municipal Treasurer
- Municipal Budget Officer
- Chairman MFARMC
- Resort Owner representative
- People’s Organization (PO) representative
- Punong Barangay (where MPA/Sanctuary is located)

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

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

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

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


Barangay Officials;

b. Promulgate and recommend to the SB internal rules and regulations conforming


to the general principles of MPA;

The management of MPAs will be a direct responsibility of the Barangay under which
the MPA is located. The MMPA Board and the MAO will perform a supervisory role in its
management. The Barangay will have the option to partner with a legitimate NGO or PO
provided that the same has officially and formally signified in writing to the MMPA Board their
intention to help manage the MPA. The partnership is subject to the approval of the
Sangguniang Bayan by a duly approved SB Resolution as an accredited PO or NGO.
15

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

Section 12. MPA Restrictions, Prohibitions & Implementing Rules

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

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

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

d. The MMPA Board in consultation with the Barangay is authorized to recommend


appropriate rules and regulations for the effective enforcement and implementation of the
MPA Management Plan, the same shall be subjected for review and approval of the
Sangguniang Bayan. It shall be implemented in the form of an Executive Order to be
issued by the Municipal Mayor.

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

The Plan shall cover the following management concerns:

1. Integrated zoning plan;


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

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

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

Funds will be appropriated as follows:

a) 40% will go to the Municipal Government;


b) 40% will go to the Barangay; and
16

c) 20% will go to partner People’s Organization in the form of a livelihood


project consistent with all available laws, rules, and regulations.

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

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

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

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

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

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

CHAPTER III
UTILIZATION, DISPOSITION, MANAGEMENT, DEVELOPMENT,
CONSERVATION, AND ALLOCATION SYSTEM OF FISHERIES
AND AQUATIC RESOURCES IN THE MUNICIPAL WATERS

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

Section 17. Resident Municipal Fisherfolk. Resident municipal fisherfolk, fishermen


associations, organizations and cooperatives of this municipality shall have priority to exploit
municipal waters and demarcated fishery areas of this municipality .
17

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

Section 18. Registry and Registration of Municipal Fisherfolk and Coastal/Fishery


Resource Users. The municipal government through the OMA shall maintain a registry and conduct
registration of Municipal Fisherfolk and Coastal/Fishery Resource Users for the purpose of
determining priorities among them, regulating and limiting entry into the municipal waters and of
monitoring fishing activities and/or other related purposes. Such registry shall be updated annually
or as may be necessary, and shall be posted in barangay halls or other strategic locations where
it shall be open to public inspection, for the purpose of validating correctness and
completeness of the list. The registration itself is free of charge.

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

A standard registration form for the Registration of Municipal Fisherfolk and


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

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

Section 19. Fisherfolk Qualification/Eligibility. Only the municipal fisherfolks/fishermen


who meet the following qualification/eligibility and requirements shall be allowed to register:

a) A citizen of the Republic of the Philippines;


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

Section 20. Registry and Registration of Municipal Fishing Boats/Vessels and Fishing
Gears. All fishing boats/vessels Three (3) Gross Tons and below, and fishing gears in any make or
type shall be registered in the OMA. The registry shall be updated annually for the purpose of
establishing homeport, identity of ownership, maritime safety, monitoring, and regulation.
A standard registration form for the Registration of Municipal Fishing Boats/Vessels
and Fishing Gears shall be adopted with the technical assistance of the Bureau of Fisheries
and Aquatic Resources (BFAR). All registered fishing boats/vessels and their fishing gears
shall be issued a Certificate of Number (CN) upon completion of documentary requirement
and payment of necessary fees for the release of permit and license.

Provided that all information gathered in the Registry and Registration of Municipal
Fishing Boats/Vessels and Fishing Gears shall be kept as Confidential Records by the
municipality for the protection and preservation of their individual rights unless otherwise a
court order is being issued for the released of such documents.
18

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

a) Duly accomplished the Standard Municipal Fishing Boat/Vessel


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

Section 22. Report of Transfer of Ownership of Municipal Fishing Boats/Vessels and


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

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

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

a) Loss or decay of the fishing vessel/ gear;


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

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

Section 25. Fishery Licenses, Permits, and Grants - All individuals, association,
cooperative, partnership, and corporation that are listed in the registry shall be issued a Fishery
License upon securing of all needed requirements and payment of prescribed fees as prescribed on
the Municipal Tax Code and this ordinance. It shall be unlawful for any person, cooperative,
partnership, association, or corporation to take or catch fish or other aquatic/ marine products by
means of fishing boat or vessels three (3) gross tons or less unless provided with appropriate
licenses with mayor’s permits. It shall likewise be illegal for any person, cooperative, partnership,
association, or corporation to operate fish corals/cages, oyster culture beds, mussel culture
beds, seaweed’s farms, pearl culture, or other aquatic beds or take or catch “bangus” and
“prawn” fry and other species of fish, gathering of shells, mollusks, aquarium fishes, or fry of other
species for propagation in the municipal waters without first securing a grant or necessary
license/permits to operate thereof as provided by law and this ordinance.

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

Section 26. Registration and Permit of Post-Harvest Facilities. All post-harvest facilities
such as fish drying area/s, fish processing plants, ice plants, cold storage, private fish ports/landing
centers and other fishery business establishments must register with and secure permit from the
Municipality.
19

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

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

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

GENERAL SCHEDULE OF FISHERY LICENSE & FEE


Item Particular Fishing operation/ boat/ vessel gear Annual
No. Minimum Fee
1 Anud, with length of 15 m to 29 m PhP 100.00
2 Anud, with length of 30 m and above PhP 200.00
3 Bobo using cyclone wire or chicken wire PhP 300.00
4 Basnig PhP 500.00
5 Fish Corrals “Ponot”
a) Less than 3m deep PhP 200.00
b) 3 meters or more but less than 5 meters deep PhP 400.00
c) 5 meters or more but less than 8 meters deep PhP 500.00
d) Use of nylon, mesh wire and the like PhP 400.00
e) Pa-ugmad or Labyog and the like PhP 400.00
6 Hook and Line or multiple lines (Panubid) PhP 150.00
7 Ring Net “Kub-kob” (below 3GT) PhP 2,500.00
8 Pangitang PhP 300.00
9 Pahubas and the like PhP 200.00
10 Pamawo using nets PhP 300.00
11 Pamawo using hook & line PhP 100.00
12 Pangugita using spear “sungkit” PhP 100.00
13 Fishpots for crabs & fish using bamboo “panggal” PhP 150.00
14 Fish attracting device (FAD) “payaw” PhP 200.00
Surambaw:
15 a) Law-it PhP 2,000.00
b) Paligid, with length of 150 m but less than 200 m PhP 1,000.00
c) Paligid, with length of 200 m and above PhP 1,500.00
b) Paligid, with length of 100 m but less than 150 m PhP 800.00
c) Paligid, with length less than 100 m PhP 600.00
Sunshine:
16 a) With hook and line and high powered lamp PhP 200.00
b) With spear/ sungkit & low powered lamp PhP 100.00
c) With tied split bamboo and w/ light for biamban PhP 50.00
17 Salibut PhP 100.00
18 Takdog PhP 100.00
19 Tapsay PhP 100.00
20 Shell gathering (non- endangered species) PhP 200.00
21 Passive fishing gears using nylon nets or any other kind PhP 200.00
of fishnets and fishing activities not specified herein
20

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

Fishing operation/ boat/ vessel Particular Annual


gear Minimum Fee
1. Less than one (1)GT PhP 100.00

For non-motorized fishing


vessels/boats three (3)
Gross tons or less 2. One (1) GT but less PhP 200.00
than Two (2) GT
3. Three (3) GT PhP 300.00
1. Less than one (1) GT PhP 200.00
For motorized fishing vessels/boats
2. One (1) GT to three PhP 300.00
three (3) Gross tons or less
(3) GT

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

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

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

Section 31. Issuance of Auxiliary Invoice/Permits or Cash Tickets. No person or entity


shall be allowed to transport any fish; fishery/aquatic products outside Bantayan, Cebu to any point
or destination in the Philippines and/or export without first securing auxiliary permits from the
Municipal Treasury Office. Provided; however; that auxiliary permits maybe issued only after
payment of corresponding fees; as stated herein or fraction thereof:

Issuance of Auxiliary Permits or Cash Tickets

Item Particular Minimum


No. Rate /Fee
1 Preserved Fish (iced; frozen; salted; dried; P15.00/kg
smoked; patis; bagoong; etc.)
2 Mother of Pearl (MOP); gold lip & black lip P15.00/kg
3 Troca Shell; smooth; rough (male/female); P15.00/kg
Green snail shell; Kapis shell
4 Other unclassified shells that are not banned P15.00/kg
5 Trepang or beche de mer P15.00/kg
6 Dried squid P15.00/kg
7 Seaweeds (all species) P15.00/kg
8 Salted and Tanned skin of sea snake P15.00/25kg
9 Salted and Tanned skin (all species sea reptiles) P15.00/kg
10 Bangus fry and sugpo fry P15.00/pot
11 All other unclassified marine products that are P15.00/10kg
not banned
21

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

1. Citizens of the Philippines;


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

It shall be unlawful for a person, cooperative, partnership, association, or corporation not


qualified by law or by this ordinance to engage, personally or through other persons, in fishing,
catching, gathering or collecting aquatic products in the municipal waters.

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

Division (Fishing Location/ Barangay Annual


gear/activity) Minimum
Bid/Fee
1. Starting from the coastline of PhP 40,000.00
Division - A Barangay Obo-ob, Sungko,
Sulangan, Botigues, Suba,
For catching or taking Luyongbaybay and Doong
“Bangus” fry or kawag- 2. From the coastline of barangay PhP 10,000.00
kawag or fry of other Binaobao, Bantigue and Guiwanon
species 3. From the coastline of barangay PhP 20,000.00
Baod, Patao and Kabac
4. From the coastline of Barangay PhP 30,000.00
Baigad, Sillon, Tamiao and Atop-
atop

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

Division (Fishing Location/ Barangay Annual


gear/activity) Minimum
Bid/Fee
Starting from the boundary line of PhP 20,000.00
Division - B Sulangan, Botigues, Doong,
Luyongbaybay, Lipayran, Suba,
For the operation of Guiwanon, Baod, Patao, Kabac and
Oyster culture beds, from Baigad, Sillon to Atop-atop, a
Seaweeds or other portion of the municipal waters
aquatic beds beyond one and one half (1 1/2)
meters deep at low tide, extending
four hundred meters (400) wide but
not more than three (3) meters
deep at low tide or which is lesser as
the case may be.
Extending: PhP 20,000.00
Division - C 1) Perpendicularly five (5) kilometers
2) Seaward from the boundary line of
For the erection of fish Barangay.
corals “Ponot” and as 3) Obo-ob and Brgy. Luyongbaybay
projects 4) Brgy. Hilotongan down to Brgy.
Kabac,
5) and a line parallel to the general
coastline closing from Brgy. Obo-ob
to the boundary line of Brgy. Kabac;
and Brgy, Baigad to Atop-atop
22

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

Size of Seaweed Farm Lot

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

b) For partnership, associations, corporations, or cooperatives – Not more than an aggregate


area of fifteen (15) hectares or much larger area as duly approved by SB.

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

Provided; that in the absence of that organization and cooperative or their failure to
exercise their preferential rights; the Sangguniang Bayan may require a public bidding in
conformity with and pursuant to an ordinance for the grant of such privileges. The exclusives
fishery privileges may be granted by the Municipal Mayor for a period not exceeding
three(3) years subject to renewal; upon filing another application for such privileges;
Provided finally; that the exclusives fishing privileges shall include fishing within the
territorial jurisdiction of the Municipality of Bantayan. Those fishermen who are residing
outside of Bantayan shall be restricted to fish within the waters of Bantayan as defined in
Section 16 & 17 of this ordinance.

Section 35. Application for exclusive Fishery Privileges. All applicants for the
exclusive fishery privileges shall accomplish and file the prescribed application form at the
OMA, who in turn will designate a person to verify/inspect the area and scope of operation of
the project and shall forward the same to the Municipal Mayor together with his/her
recommendation for action. Such grant/license may be granted only upon payments of the
necessary fees.
In the processing of the application, the Municipal Mayor shall satisfy himself that
the license applied for will not prejudice public interest and that the portion or area from
which an application for lease has been presented is not covered by an existing claimants.

Section 36. Recreational and/or Sport Fishing License. Recreational and/or sport fishing
licenses may be issued subject to such terms and conditions as maybe determined and imposed by
the OMA, in consultation with the MFARMC and the Municipal Tourism or with the passage of an
appropriate ordinance for this purpose. The term of such licenses shall be not longer than thirty (30)
days.
Section 37. Issuance of Exclusive Fishing Privilege or Individual Licenses in case
where there are no Registered Organization or Cooperatives of marginal fishermen
and no bidders opt to lease fishing zones. In the absence of such organizations or
cooperative or their failure to exercise their preferential rights and/or after two (2) notices for the
grant of exercise fishery rights through public auction; no interested bidders opt to lease any
fishing zone within the municipal waters, the Municipal Mayor is authorized to grant the
exclusive fishery privileges through the recommendation of the OMA to any individuals upon
payment of license fee therefore at the rate not exceeding those fixed hereunder:
23

Exclusive Fishing Privileges


Fishing operation/ gear/activity Particular/ Area Annual Minimum
Fee
1. Oyster culture beds, mussel culture, Per hectare or fraction PhP 200.00
seaweed farms or other aquatic beds thereof
Less than 3 meters deep PhP 300.00
3 meters deep or more but PhP 400.00
2. Fish corrals erected in the sea less than 5 meters deep
5 meters deep or more but PhP 600.00
less than 8m
8 meters deep PhP 800.00
8 meters deep or more but PhP 2,000.00
less than 10m
10 meters deep or more but PhP 6,000.00
less than 15 meters deep
3. Operation of Pearl culture Per square meter PhP 100.00
4. For gathering of shells and/or aquarium As specified in the 2% of its authorized
fishes License /Permit capital
5. For gathering of shell mollusk, sea As specified in the PhP 100.00
cucumber “balat,” seaweeds and/or similar License /Permit
products not classified herein

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

Anchorage Fee
Fishing boat/vessel/ sea crafts Minimum Fee/ Rate Minimum #
of days of
anchorage
1. Pumpboat with outriggers less than 3GT PhP 25.00/anchor/day Good for 4
days only
2. Pumpboat, vessels, sea crafts 3GT to 10GT PhP 50.00/ anchor/day Good for 3
days only
3. Pumpboat, vessels, sea crafts more than PhP 200.00/anchor/day Good for 2
10GT days only

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

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

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

Minimum rate of User’s Fee/


Particular
person/ day
1. User’s Entrance Fee to any tourism site PhP 20.00 to PhP 100.00 depending
to the Policy Implemented at site
2. Scuba Diving, snorkeling, swimming in the PhP 50.00
buffer zone
3. Scuba Diving, snorkeling, swimming in the PhP 150.00
buffer zone with still camera alone
4. Scuba Diving, snorkeling, swimming in the PhP 200.00
buffer zone with video camera alone
5. Scuba Diving, snorkeling, swimming in the PhP 350.00
buffer zone with still and video camera

All visitors or tourists who are Filipino citizens are entitled to a patrimony discount of
Fifty Percent (50%) of the above rates.
24

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

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

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

Section 41. Municipal Concessions and Leases Concerning Fisheries. No lease or


concession granted by the Sangguniang Bayan under the authority of an ordinance approved
pursuant to paragraph 1, Section 447; paragraph a, Section 458; of the Local Government Code
of 1991, concerning fishing and fisheries in streams, lakes, rivers, inland and / or municipal
waters shall be valid and enforceable unless reviewed and concurred by the Mayor.

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

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

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

CHAPTER IV
CREATION OF THE MUNICIPAL FISHERIES AND AQUATIC
RESOURCES MANAGEMENT COUNCIL (MFARMC), AND
THE CREATION OF THE MUNICIPAL BANTAY DAGAT (MBD)
AND FISH WARDEN TASK FORCE
Section 45. Creation of the Municipal Fisheries and Aquatic Resources Management
Council - The MFARMC shall be created in the municipality and shall serve in an advisory capacity
to the municipal government as provided in Sec. 73 of the R.A. 8550.

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

a. assist in the preparation of the Municipal Fishery Development Plan


and submit such plan to the Municipal Development Council;
b. recommend the enactment of municipal fishery ordinances
to the Sangguniang Bayan through its Committee on Fisheries;
c. assist in the enforcement of fishery laws, rules and regulations in municipal
waters being a deputized Fish Wardens;
d. advise the Sangguniang Bayan issues concerning fishery matters; and
e. perform such other voluntary functions which may be assigned by the Municipal Mayor.
25

Section 47. Composition of MFARMC. - The regular member of the MFARMC


shall be composed of:

a) representative from the OMA;


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

1. seven (7) municipal fisherfolks


2. one (1) fish worker; and
3. three (3) commercial fishers.

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

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

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

a. undertake an intensive seaborne patrol operation in the municipal waters


at least two times a week;
b. coordinate and assist the municipal government in the eradication
of illegal fishing activities in the municipal waters; and
c. enforce strictly and honestly all fishery laws, rules and regulations.

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

a) At least three (3) personnel from the Fisheries Sector/OMA;


b) At least two (2) regular personnel from the Philippine National Police (PNP);
c) At least One (1) officer from the Philippine Coast Guard (PCG) optional; and
d) At least One (2) representative from the MFARMC or Fish Wardens in every specific
barangay where the patrol operation is to be conducted.

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

Provided finally, that in times of emergency the team composition and number of
MBD units may vary and increased according to the needs depending to the scope of the
situation for immediate respond.
26

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

i) 1st Offense - P1500.00 per person for every violation committed;


ii.) 2nd Offense - P2500.00 per person for every violation committed, and
cancellation of registration, permit or license whichever pertains to
the violator;
iii.) 3rd Offense - filing of corresponding charges in court and confiscation of
fishing vessel and other supporting fishing paraphernalia as
evidence and/or forfeiture of the same in favor of the government
as ordered by the court.

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

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

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

1. Trawl (all kinds) ---------------------------- mansuria, galadgad


2. Purse seine ---------------------------------- pagulod
3. Danish seine -------------------------------- hulbot-hulbot, pahulbot-hulbot, likisan, liba-liba, palisot,
patangko, bira-bira, buli-buli, hulahoop, zipper, etc.
4. Drive-in-net --------------------------------- paaling/kayakas
5. Round haul seine --------------------------- sapyaw/lawag
6. Trammel net ---------------------------------- Triple Net and Double Net

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

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

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

Section 55. Prohibition in Taking, Catching, Selling, Possessing and Transporting of


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

Section 56. Prohibition in the Taking, Catching, Selling, Possessing and Transporting
of Gravid Lobsters ( Pitik-pitik). It shall be unlawful for any person/s to take or catch gravid lobsters
in the Municipal waters or to sell, possess or transport the same. Any person who violates this
provision shall be liable to pay a fine of P1000 per kilo or fraction thereof and/or imprisonment of
one (1) month or both at the discretion of the court.
27

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

Section 58. Banning on the Taking of Catching, Selling, Possession, Transporting of


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

Section 59. Banning on the Taking, Catching, Selling, Purchasing, Possessing,


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

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

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

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

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

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

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

Section 64. Regulating the Establishment of Pearl Farm/s. No person, partnership,


association, corporation or cooperative shall operate or establish pearl farms within the Municipal
waters without any permits, license and/or lease agreement with the Municipality.

1) Form and Content of Application for Pearl Farm Lease


Application shall be accompanied by documents consisting of a Barangay Clearance,
Articles of Incorporation or Partnership, By-Laws and Certificate of Registration in case the
applicant is a corporation, association or partnership, and a sketch plan/map of the area
applied for.
28

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

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

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

Section 66. Regulating the Taking, Selling, Purchasing, Possessing, Transporting,


Collecting, Gathering, Utilizing, Exporting or Disposing of Marine Aquarium/Ornamental
Fishes.

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

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

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

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

Section 68. Regulating the Taking, Selling, Purchasing, Possessing, Transporting,


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

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

The discovery of any constructed fishing boat/vessel without permit or documents shall
constitute a prima facie evidence. Violation of the above provision shall be prosecuted and
penalized.
29

Section 70. Prohibition in the Operation of Commercial Fishing Boats/Vessels in the


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

Section 71. Poaching in Municipal Waters. It shall be unlawful for any foreign person
corporation or entity to fish or operate any fishing vessel or fishing activity in the municipal waters.
The entry of such foreign fishing vessel in the municipal waters shall constitute a prima
facie evidence that the vessel is engaged in fishing or any fishing activity. Violation of the
above provision shall be prosecuted and penalized under Section 87 of R.A. 8550.

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

Section 73. Prohibition of Gleaning and using Destructive Tools. Gleaning or “panginhas”
within the municipal waters with the use of whatever tools found destructive to any part of the sea
grass beds and corals shall be unlawful for any person or entity.
The fishermen who are caught using or possessing any specialized tools such as bolos,
digging bar “bara” etc. while fishing in the municipal waters is tantamount to a violation of this
provision. A person or entity that violates this provision shall be liable for a fine of P1000 to P2500
and/or imprisonment for one (1) month upon the discretion of the court.

Section 74. Restriction on Electro-Fishing, Dynamite Fishing, Fishing by Used of


Obnoxious and Poisonous Substances. It shall be unlawful for any person to catch, take, or
gather or cause to be caught, taken or gathered fish or fishery products/aquatic products in the
municipal waters with the use of electricity, use of explosives, or by the use of obnoxious and
poisonous substances as defined in Section 4 (paragraph 21, 38 & 39) thereof.
It shall likewise, be unlawful for any person knowing to possess, deal in, sell or any
manner dispose of, profit any fish or fishery/aquatic products which have been illegally
caught, taken or gathered.
The discovery of dynamite, other explosives, and/or chemical compounds containing
combustible elements, or obnoxious and poisonous substances, or equipment or device for
electric fishing in any fishing boat or in the possession of fisherman shall constitute a
presumption that the same were used were used for fishing in violation of this ordinance and
other applicable laws, and the discovery in any fishing boat of fish caught or killed by the
use of explosives, obnoxious or poisonous substances or by electricity.
Violation of the above provision shall be prosecuted and penalized under Section 88 of
R.A. 8550.

Section 75. Use of Formalin and other chemical preservatives. It shall be unlawful for
any person to use formalin and other chemical preservatives in preserving fish and
fishery/aquatic products or any manner in order to maintain fish physical quality and artificial
freshness which are intended for human consumption; to sell or any manner dispose of or any
profit any fish or fishery/aquatic products which have been contaminated with formalin or other
chemicals used as temporary preservatives for fresh fish..
Violation of the above provision shall be prosecuted and penalized under Section 88 of
R.A. 8550.
30

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

Section 77. Pollution of waters. It shall be unlawful to place; cause to be placed;


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

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

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

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

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

Section 81. Disposition of Mangrove Area. No person, corporation, cooperative,


partnership, organization or groups, shall exploit, utilize and develop Mangrove Areas without the
approval of the Sangguniang Bayan and the Municipal Mayor upon the recommendation and /or
endorsement of the Municipal Agriculture Officer (MAO), and the MFARMC. Those mangrove areas
with existing contract with the government (LGU or DENR) or already of private ownership is not
covered by this provision. The Municipal Mayor may not issue permit to exploit, utilize or develop
old growth mangrove areas.

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

Provided, that a “Closed-Season” for the catching, gathering and or collection of


different fish and other fishery/aquatic products of resources within the municipal waters shall
be strictly observed based on approved laws, rules, regulations and policies duly
promulgated, enacted, established by the Sangguniang Bayan and or as determined by the
national government agencies and or research institutions;
31

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

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

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

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

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

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

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

Section 88. Establishment of Fish Corrals (Ponot). No person, partnership, association,


corporation or cooperative shall erect, construct, establish and operate fish corrals within the
Municipal waters without permits or license by the Municipality.

Section 89. Establishment of Oyster and Mussels Beds/Farm. No person, partnership,


association, corporation or cooperative shall gather or culture oyster and mussel within the
Municipal waters without permits or license issued by the Municipality.

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

a) Duly registered organizations and cooperatives of Municipal fisherfolk shall have the
preferential right;
32

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

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

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

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

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

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

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

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

This Section shall be prosecuted also under the other applicable provision of this
Ordinance and/or Republic Act 8550.
33

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

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

Section 97. Fishing within MPA or Fish Sanctuary. It shall be unlawful for any person to
engage in fishing in any fish sanctuary within the Municipal waters. All persons including members
of the crew who violate this provision shall be prosecuted and penalized under Section 96 of the RA
8550.
Section 98. Destruction, Gathering, Transporting and Trading of Corals. It shall be unlawful for
any person or corporation to collect, gather, harvest, transport sell and/or cause damage or destroy ordinary,
precious and semi-precious corals. Except for research, scientific and education purposes which are best
beneficial to the environment where special permit shall be issued by the municipal mayor.

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

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

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

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

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

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

Violators of this section shall be administratively liable to indemnify the municipality in


the amount of P1500.00 to P2500.00 each person and imprisonment for three (3) months
which ever is applicable. The municipal government shall ensure the violators will further be
prosecuted and penalized under the relevant provision of the RA 8550.
34

Section 102. Non-compliance with Color-Coding and Identification Scheme. It shall be


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

Section 103. Abandonment of fishing Vessel, Gear, fishing paraphernalia, or any


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

An abandoned fishing vessel, gear, aquaculture or mariculture facility may be removed


or demolished by the Municipal Mayor for being a public nuisance, after due notice and
demand to the owner or operator thereof to voluntarily remove or demolish the same within
fifteen (15) days from receipt of the notice and demand.

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

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

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

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

c) Directing the person to pay the Municipality an amount of money as compensation,


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

Section 106. Disposition of Illegally Caught Fish. Any fish caught in violation of any
provision of this ordinance shall be immediately confiscated and properly recorded for evidentiary
purposes in any proceeding arising from the illegal act. The offender shall be entitled to the
issuance of certifications, official receipt, or other legal documents for the confiscated fish.
35

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

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

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

Section 109. Collection and Gathering of other Fishery/Aquatic Products. It shall be


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

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

Section 110. Seizure, Confiscation, Impounding of Fishing Boat/Vessel and Fishing


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

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

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

a. No fishing shall be allowed within the distance of two hundred (200) meters from established
Artificial Reefs or Fish Shelters and the like. However, exclusive grantee or licensee of fish
shelters can fish within their respective fish shelters using non-destructive fishing gears.
b. No fish coral shall be constructed within Two Hundred (200) meters from another fish corral
in marine waters.
c. Nothing in the license shall be construed as permitting the lessee or licensee, grantee or
permittee, to undertake any construction which will restrict the free navigation in any
stream/lake, rivers or marine areas of the Municipal Waters or impede the flow and ebb of the
tide to and from the area wherein the lessee or licensee, grantee or permittee is granted a
fishery privileges.
d. The licensee agrees unconditionally to comply with all the laws, decrees, rules and
regulations governing fishing and fisheries now or may later be promulgated.
36

e. The licensee assumes responsibility of all acts of his agents and employees or the
contractors connected with his fishing operation.
f. Failure to pay and/or file a bond when due as prescribed in the permit, license, contract or
lease shall be sufficient ground for the cancellation of the license, permit, lease and contract.
g. Restriction on Berthing Place – No fishing boat/banca shall berth in any other place except in
the designated ports, berthing place, or fish landing points.

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

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

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

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

a) That a vessel fishing continuing to fish after the expiration of the license or
continuing to fish within sixty (60) days from the date of expiration of the license, the licensee
shall pay the ordinary annual license fee in full and therefore shall be fined in a sum not
exceeding one hundred pesos (P100) for every month the license remains not renewed.
b) Failure to Submit Report. The owner, master or operators of a fishing boat who fails
to submit a required report within thirty (30) days after due date shall be fined in an amount
not exceeding fifty pesos (P50.00).
c) Transfer of Ownership or Lease of Fishing Boat to be reported. Any owner of
fishing boat who fails to notify the OMA of the sale or lease of the boat to another person
within fifteen (15) days after the sale or lease shall be fined in an amount not exceeding two
hundred pesos (PhP200.00 ).
d) Vessel engaging in Fishing without License. The owner, master or operator of a
fishing boat engaging in fishing operations without a license shall be fined an amount not
exceeding two thousand pesos (P2,000) for such month or fraction thereof of operation.
e) Other violations maybe compromised, Provided, that the compromise negotiations
are specifically caters only First Offense and Second Offense violations;

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

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

Provided, that twenty five percent (25%) of the said compromised fines shall be
allocated and considered as incentives to the law enforcers who apprehended those violators
in support to the provisions prescribed in Chapter V. Such funds or incentives shall be
withdrawn by the apprehending officer through proper accounting procedures. The SB shall
pass an appropriate resolution for the implementing rules and procedures of this provision.
37

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

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

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

CHAPTER VI
TRANSITORY AND FINAL PROVISIONS

Section 116. Formulation of Implementing Rules and Regulations (IRR). An Inter-Agency


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

a. Municipal Agriculturist as Chairman;


b. Fishery Officer;
c. MLGOO;
d. Municipal Budget Officer;
e. MFARMC Chairperson
f. Representative from the municipal fishermen/fisherfolk
g. Municipal Treasurer;
h. Chief of Police;
i. SB Committee on Agriculture; and
j. ABC President

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

Section 118. Persons Authorized to Enforce this ordinance and other Fishery Laws, Rules
and Regulations. The law enforcement officers of the Department of Agriculture/Bureau of Fisheries
and Aquatic Resources (DA/BFAR), the DENR, Philippine Navy (PN), Philippine Coast Guard (PCG),
Philippine National Police (PNP), PNP- Maritime Command, MBD Task Force under Chap. IV, Sec. 48-50 of
this ordinance and other government law enforcement agencies are hereby authorized to enforce this
ordinance and other fishery laws, rules and regulations. Other competent government officials and
employees, Punong Barangays, and officers and members of fisherfolk associations, organizations and
cooperatives who have undergone proper training on law enforcement and duly appointed by the
Municipal Mayor as Deputy Fish Wardens are hereby authorized to enforce this ordinance.
38

Section 119. Administrative Investigation. The OMA shall conduct administrative


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

Section 120. Imposition of Administrative Sanctions and Indemnity. Administrative


sanctions may be imposed upon the violators of this Ordinance for the purpose of fully or partially
recovering the loss in revenue and/or costs incurred by the Municipal Government on account of the
violation, and indemnity to compensate for the loss of, damage to, and/or costs of rehabilitation of
the fisheries and aquatic resources of the Municipality.
Section121. Mandatory Review. The Sangguniang Bayan shall undertake a review of this
Ordinance once in every five (5) years and/or as often as it may deemed necessary, to ensure that
all provisions thereof are still relevant and responsive to the current situation.
Section 122. Repealing Clause. Municipal Ordinance No. 08-1999 “The Comprehensive
Modified Basic Fishery Ordinance (CMBFO)” and all other fishery ordinances inconsistent with this
Ordinance are hereby repealed and modified accordingly.
Section 123. Separability Clause. If for any reason or reasons, any part or provision of
this ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which
are not affected thereby, shall continue to be in full force and effect.

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

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

__________________________
SB Secretary
ATTESTED AS DULY ENACTED:

___________________________

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

Intereses relacionados