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Republic of the Philippines Province of Camarines Sur MUNICIPALITY OF LAGONOY

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TABLE OF CONTENTS
TITLE I. II. PAGE

Certification . . . . . . . . . . . . . . . . .. . . . . . . . . . . 2 Transmittal Letter . . . . . . . . . . . . . . . . .. . . . . . . 3

III. Municipal Ordinance No. 01, series of 2013. . 5-7 IV. Letter from the Mayor dated January 28, 2014. . 8 V. Annexes a.) Notice of Public Hearing. . . . . . . . . . . . .39 - 40 b.) Certifications (Posting of Notices) . . . . . 41 - 58 c.) Minutes of Public Hearing. . . . . . . . . . . . 59 60 d.) Attendance . . . . . . . . . . . . . . . . . . . . . . . . 61 - 72 e.) Certifications (Publication of Approved Municipal Ordinance). . . . . . 73 - 92

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Republic of the Philippines Province of Camarines Sur Municipality of Lagonoy -oOo-

Office of the Sangguniang Bayan Secretariat

CERTIFICATION
THIS IS TO CERTIFY that the soft copy in Portable Document Format (PDF) submitted to the Sangguniang Panlalawigan of Camarines Sur is the exact and faithful copy of the municipal ordinance submitted for review and was arranged in the order as that of the original hard copy.

Lagonoy, Camarines Sur. 02 April 2014.

EMERSON T. BARCILLANO Secretary to the Sanggunian

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Republic of the Philippines Province of Camarines Sur Municipality of Lagonoy

-oOo-

Office of the Sangguniang Bayan Secretariat

02 April 2014 THE HONORABLE MEMBERS Sangguniang Panlalawigan Province of Camarines Sur THRU : MS. NIMFA B. CAS Provincial Secretary

Gentlemen and Ladies, The undersigned is forwarding to your office copies of the Fisheries and Coastal Law Enforcement Ordinance of the municipality of Lagonoy in accordance with the Rules of Procedure in the Review of Municipal Ordinances by the Sangguniang Panlalawigan of Camarines Sur. Please take note that the posting of the complete text of the ordinance in the coastal barangays of this municipality was completed just last week because of the unavailability of transportation due to the roughness of the seas. Hence, the delay in the submission of this ordinance.

For your favorable review and approval. Thank you and more power. Respectfully yours,

EMERSON T. BARCILLANO Secretary to the Sanggunian

etb/adm/sbs

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Republic of the Philippines Province of Camarines Sur Municipality of Lagonoy -oOo-

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE 16TH REGULAR SESSION OF THE SANGGUNIANG BAYAN OF LAGONOY, CAMARINES SUR POLITICAL TERM 20132016 HELD AT THE SANGGUNIANG BAYAN SESSION HALL ON DECEMBER 02, 2013 AT 8:30 IN THE MORNING. xxx------------------------------------------------------------------------------------------------------------xxx PRESENT: Hon. Ben M. Saboco Hon. Bernardo V. Florece III Hon. Alfredo R. Cabral, Jr. Hon. Serafin R. Pesimo, Jr. Hon. Ernesto D. Odiamar, Jr. Hon. Jesus P. Olivares, Sr. Hon. Christopher Joseph P. Misanes Hon. Emily M. Fante LATE: Hon. Randy A. Texon ABSENT: NONE - SB Member -Vice Mayor/Presiding Officer - SB Member - SB Member - SB Member - SB Member - SB Member - SB Member - SB Member

RESOLUTION NO. 058-2013 A RESOLUTION ENACTING MUNICIPAL ORDINANCE NO.01, SERIES OF 2013. WHEREAS, Sections 447 & 458 of RA 7160, otherwise known as the Local Government Code, mandates the Sangguniang Bayan to enact ordinances that protect the environment, and impose appropriate penalties for acts that endanger the environment; NOW THEREFORE, on motion presented by SB Member Ernesto D. Odiamar, Jr. and unanimously seconded by the members present, be it ordained by the Sangguniang Bayan of Lagonoy, Camarines Sur that:

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MUNICIPAL ORDINANCE NO. 01 Series of 2013 AN ORDINANCE PROVIDING FOR THE PROTECTION AND CONSERVATION OF THE FISHERIES AND COASTAL RESOURCES OF THE MUNICIPALITY OF LAGONOY, CAMARINES SUR,HARMONIZING LAW ENFORCEMENT AND ALL OTHER PERTINENT ORDINANCES. PREAMBLE WHEREAS, Article I, Section 16 of the Republic Act 8550, otherwise known as the Philippine Fisheries Code of 1998 stipulates that the municipal governments have jurisdiction over their municipal waters, and in consultation with the Municipal Fisheries and Aquatic Resource Management Council (MFARMC), shall be responsible for the management, conservation, development, protection, utilization and disposition of all fish and other aquatic resources therein; WHEREAS, Section 16 of the Fisheries Code also mandates that municipal governments enact appropriate ordinances for the foregoing purposes and to enforce all fishery laws, rules and regulations as well as valid fishery ordinances; WHEREAS, Sections 447 & 458 of RA 7160, otherwise known as the Local Government Code, further mandates that Sangguniang Bayan to enact ordinances that protect the environment, and impose appropriate penalties for acts that endanger the environment; WHEREAS, the enactment of a comprehensive and harmonized Fisheries and Coastal Law Enforcement Ordinance is necessary and indispensable for the development, conservation, utilization and proper management of its fisheries and aquatic resources. SECTION 1. TITLE This ordinance shall be known as the Fisheries and Coastal Law Enforcement Ordinance of the Municipality of Lagonoy. SECTION 2. DECLARATION OF POLICY It is hereby declared the policy of the Municipality of Lagonoy: 1. To minimize and eventually eliminate illegal fishing and other prohibited activities which affect coastal, marine and fishery resources, and to control regulated activities, by ensuring the full and effective implementation of this Fisheries and Coastal Law Enforcement Ordinance. The absence of adequate scientific and technical information, or financial resources, should not be used as a reason for postponing or failing to carryout law enforcement measures necessary for the conservation and management of these finite and precious resources.

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2. To maximize municipal law enforcement efforts, by enabling inter-jurisdictional fisheries enforcement operations through appropriate agreements and coordination with all concerned municipalities and agencies, personnel appointments, trainings, budgetary allotments, and financial support. 3. To promote and protect the rights of the marginal fisherfolk, which includes women and youth, to the preferential use of fisheries and aquatic resources 4. To allow peoples full and active participation in fishery law enforcement through FLET and FARMCs, and promoting awareness through appropriate information and educational campaigns. 5. To promote responsibility and accountability in the use of fishery and coastal resources. 6. To enhance the role of the Municipality as the duly mandated guardian of the fishery and coastal resources on behalf of present and future generations. 7. To encourage non-destructive fishing activities and establishment of marine protected areas for preservation and coastal tourism promotion. SECTION 3. APPLICATION OF PROVISIONS The provisions of this Ordinance shall be enforced in: 1. All inland and marine municipal waters within the Municipality of Lagonoy, as defined in this Ordinance and attached as Annex X. 2. All activities and businesses relating to the use and development of coastal, marine, and fishery, including inland fishery resources. 3. All persons, entities or corporations that use or intend to use the coastal, marine and fishery resources of the Municipality of Lagonoy. SECTION 4. DEFINITION OF TERMS As used in this ordinance, the following terms and phrases shall apply: 1. Air compressor a device used to compress or direct air into air hoses to supply air to a submerged person. 2. Aquaculture - fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine areas. 3. Aquatic Pollution - the introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment which result or likely to result in such deleterious effects as to harm living and non-living fishery and coastal resources; pose potential and/or real hazard to human health; hindrance to coastal activities such as fishing and navigation, including dumping/disposal of waste and other marine litter; discharge of petroleum or residual products of petroleum or residual products of petroleum or carbonaceous materials/substances and other other radioactive, noxious or harmful liquid,

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4. 5.

6.

7.

gaseous or solid substances, from any water, land or air transport or other human-made structures. Pollution includes but is not limited to the following waste and nonbiodegradablematerials: glass, plastic, hospital waste, public market and animal carcass and waste, used motor oil, petroleum products of any kind, ship waste, and other garbage materials. Other forms of aquatic pollution include sedimentation from deforestation and unsound agricultural practices, excessive use of agricultural chemicals, intensive use of artificial fish feed, and wetland conversion. Aquatic Resources - includes fish, all other flora and fauna and other living resources of the aquatic environment, including but not limited to sand and corals. Auxiliary Invoice refers to an official document accompanying the shipment of fishes and shellfishes but not limited to salt and other fishery by-products, issued by duly authorized representative of the Municipal Government from its point of origin to its final destination in the country and/or export purposes, its quantity and estimated value if sold, the payment paid thereof and who received the payments, including the serial number of the official receipt used. Catch Ceiling refer to the maximum annual catch allowed to be taken, gathered or harvested from any fishing area, in consideration of the need to prevent overfishing and harmful depletion of breeding stocks of aquatic organisms. Certificate of Fisherfolk Registration proof that the fisherfolk is listed in the municipal fisherfolk registry.

8. CITES the Convention on International Threats of Endangered Species of Flora and Fauna. 9. Closed Season - the period during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in the municipal waters. 10. Coastline refers to the outline of the mainland shore touching the sea at mean lower low tide. 11. Coastal Area/Zone - is a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly after oceanic processes and uses, and vice-versa; its geographic extent may include areas within a landmark limits of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within seaward limit of 200 meters isobaths to include coral reefs, algal flats, seagrass beds and other soft bottom areas. 12. Coastal Resource Management (CRM) participatory, multi-sectoral planning, implementing and monitoring to ensure the sustainable use of economically and ecologically valuable resources in the coastal area. CRM activities consider interactions and interconnectivity within and between ecosystems, and all the impacts of humans on the environment. 13. CRMO- Coastal Resource Management Officer/Office 14. Commercial Fishing - the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing, to be further classified as: Small-scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 3.1 gross tons (GT) up to 20 GT; Medium-scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of 20.1 gross tons (GT) 150 GT; and

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Large-scale commercial fishing - fishing with passive or active gear utilizing fishing vessels of more than 150) GT. 15. Coral a the hard calcareous substance made of skeleton of the marine animals, coelenterates polyps, which includes reefs, shelves and atolls or any of the marine coelenterates animals living in colonies where their skeletons form a stony mass. These include: a) skeleton of anthozoan characterized as having a rigid axis of compact calcareous or horny specules, belonging to the genus corallium as represented by the red, pink, and white corals which are considered precious corals; b) skeletons of anthozoans coelenterates characterized by thorny, horny axis such as the antipatharians represented by the black corals which are considered semiprecious corals; and c) ordinary corals which are any kind of corals that are not precious nor semiprecious. 16. Coral Reef a natural aggregation of coral skeleton with or without living coral polyps, occurring in intertidal and subtidal marine waters. 17. Electrofishing the use of electricity generated by batteries, electric generators and other sources of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered. 18. Endangered, Rare and/or Threatened Species aquatic plants, animals including some varieties of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau of the Department of Environment and Natural Resources (DENR) and in the Convention of the International Trade of Endangered Species of Flora and Fauna (CITES). 19. FARMC - shall mean Fisheries and Aquatic Resources Management Council. 20. Fine Mesh Net - all net-webbing whether made of natural fibers, synthetic or any other materials used in fishing, with a mesh size of less than three (3) centimeters measured between two (2) opposite knots of full mesh when stretched or as otherwise determined by the appropriate government agency (FAO 155). 21. Fish Aggregating Device (FAD) - any device used to attract pelagic and schoolingspecies common in deep water, such as, but not limited to, payao, balsa or lambaklad. 22. Fish and Fishery/Aquatic Products include not only finfish but also mollusk, crustaceans, echinoderms, marine mammals, and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form. 23. Fish Cage refers to an enclosure which is either stationary or floating made up of nets or screens sewn or fastened together and installed in the water with opening at the surface or covered and held in place by wooden/bamboo posts or various types of anchors and floats. 24. Fish Corral - a stationary weir or trap devised to intercept and capture fish consisting of rows of bamboo stakes, plastic nets and other materials fenced with split bamboo mattings or wire mattings with one or more enclosures, usually with easy entrance but difficult exit, and with and without leaders to direct the fish to the catching chambers, purse or bags. 25. Fish Fingerlings a stage in the lifecycle of the fish measuring to about 6-13 cm. depending on the species. 26. Fish Fry a stage at which a fish has just been hatched usually within sizes from 1-2.5cm.

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27. Fish Pen an artificial enclosure constructed within a body of water for culturing fish and fishery/aquatic resources made up of poles closely arranged in an enclosure with wooden materials, screen or nylon netting to prevent escape of fish. 28. Fish Pond a land-based facility enclosed with earthen or stone material to impound water for growing fish. 29. Fish Sanctuary a designated area where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human access may be restricted. 30. Fisheries refers to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing fishery resources. 31. Fisherfolk - people directly, or personally, and physically engaged in taking and/or culturing and processing fishery/coastal/marine resources (see Municipal Fisherfolk). 32. Fishery Management Areas a bay, gulf, lake or any other fishery area which may be delineated for fishery resource management purposes. 33. Fishery Operator one who owns and provide the means including land, labor, capital, fishing gears, and vessels, but does not personally engage in fishing. 34. Fishery Reserve a designated area where activities are regulated and set aside for educational and research purposes. 35. Fishing - the taking of fishery species from the wild state or habitat, with or without the use of fishing vessels. 36. Fishing Boat/Gear License a permit to operate specific types of fishing boat/gear for specific duration in areas beyond municipal waters for demersal or pelagic fishery resources. 37. Fishing Gear - any instrument or device and its accessories utilized in taking fish and other fishery species. It can be either of the following: Active Fishing Gear is a fishing device characterized by gear movement and/or pursuit of the target species by towing, lifting, and pushing the gears surrounding, covering, dredging, pumping and scaring the target species to impoundment or encirclements, such as but not limited, to: basing or saklit (bag-nets), buli-buli or hulbot-hulbot (Danish seine), (castnets), largarete, kayakas or pa-aling (drive in net), harvesting machines, kalansisi (ringnet), muro-ami or lambaclad (ottosiami), pangulong (purse seines), paradual, (pushnets), salambaw (lift net), sinsuro (beach seine), suklob, taksay, galadgad or Norway trawl (trawl), drift gill net, tuna long line, and others. Passive Fishing Gear - is characterized by the absence of gear movement and/or the pursuit of the target species such as, but not limited to: banwit (hook and line), kitang (long line), fish pots, traps, sagkad (corrals) and pangke (gill nets). 38. Fishing License a document that qualifies a registered municipal person/cooperative/ partnership/ corporation to engage in any fishery activities in the municipal waters. 39. Fishing Vessel - any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one (1) or more vessels in the performance of any activity

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relating to fishing, including but not limited to the preservation, supply, storage, refrigeration, transportation and/or processing. 40. Fishing with the use of Explosives the use of dynamite, other explosives or other chemical compounds that contains combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound will kill, stupefy, disable or render unconscious any fishery species. It also refers to the use of any other substance and/or device which causes an explosion that is capable of producing the said harmful effects on any fishery species and aquatic resources and capable of damaging and altering the natural habitat. 41. Fishing with the Use of Noxious or Poisonous Substances - the use of any substance,plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmfulor harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat. 42. Inland Fishery the freshwater fishery and brackish water fishponds. 43. Mangroves - a community of intertidal plants including all species of trees, shrubs, vines and herbs on coasts, swamps, or border of swamps. 44. Marine tropical aquarium fish - are any fish with or without attractive colors found in tropical marine waters of the Philippines that are captured alive for aquarium purposes. 45. Municipal Fishers - persons who are engaged in municipal fishing and are/or fishing within the municipal waters. 46. Municipal Fishing refers to fishing within municipal waters using fishing vessels of three (3) gross tons or less, or fishing not requiring the use of fishing vessels. 47. Municipal Waters includes not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities are so situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from opposite shore of the respective municipalities. 48. NAMRIA- National Mapping Resources and Information Authority 49. Obstruction of Law Enforcement Officer any person willfully hindering, delaying, or obstructing of any fishery law enforcement officer in the discharge of his or her official powers or duties. 50. Overfished Area - an area within the municipal waters which cannot sustain the fisheries. It can be due to any of the following types of overfishing: (i) too much harvesting in such a way that the mean size of fish captured is suboptimal for providing effective yields from a fishery; (ii) intense fishing pressure by which the process of fishery restocking through reproduction and resettlement is impaired; (iii) shift in community structure from a fishery dominated by valuable species to one dominated by species of less economic value or utility; and (iv) when resource users faced with declining catches and lacking any other alternative, initiate wholesale resource destruction in their effort to maintain their incomes. 51. RA 8550 - Republic Act no. 8550, otherwise known as the Philippine Fisheries Code of 1998. It is the national law that governs the management and conservation of the fisheries resources of the country.

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52. Sabalo the full grown bangus (milkfish) scientifically known as Chanoschanos; refers to both males and females measuring more than Sixty (60) centimeters long from the tip of the mouth to the end of the caudal fin or tail. 53. Superlight also called magic light, a type of halogen or metal halide bulbs, which may be used above the sea surface or submerged in the water to attract fish. It consists of a ballast, regulator, electric cable, and socket. The source of energy comes from a generator, battery or dynamo coupled with the main engine. SECTION 5. LAW ENFORCEMENT JURISDICTION OF THE MUNICIPALITY OF LAGONOY The Municipality of Lagonoy shall enforce the herein law enforcement Ordinance within the municipal waters. All provisions covered and described in this Ordinance, shall be harmonized wherein the Local Chief Executive, Sangguniang Bayan, LGU, barangay governments, and FARMCs shall share a common and mutual understanding and interpretation. SECTION 6. MUNICIPAL WATERS AND BOUNDARIES The municipal waters of Lagonoy shall be comprised of the waters enclosed within the geographic coordinates, as determined, delineated and officially certified by the National Mapping and Resource Information Authority (NAMRIA). SECTION 7. ZONATION/ CLASSIFICATION OF MUNICIPAL WATERS Upon delineation of municipal water, the municipal waters of Lagonoy are hereby divided and classified according to priority coastal zones: Zone I: Municipal Fishing Zones Zone II: Aquaculture/ Mariculture Zone Zone III: Fish Sanctuary/ Marine Reserve Zone Zone IV: Demarcated Fishery Areas a. Municipal Fishing Zone- The Municipal Fishing Zone shall comprise all waters within the Inland Municipal Waters and marine Municipal Waters. No person shall be licensed to fish within the Municipal Fishing Zone unless he or she is duly registered with the Registry of Municipal Fisherfolk.The Municipal Fishing Zone may be further subdivided into sub-zones for specific fishing activities by the Municipal Mayor, through the office of the Municipal Agriculture. b. Aquaculture/ Mariculture Zone- the Aquaculture/ Mariculture Zone shall be composed of the waters of rivers and waters near the shoreline. Provided,that not more than ten percent (10%) of the surface area of the rivers of the Municipality may be devoted to aquaculture and mariculture purposes; Provided further, nothing in this section shall be interpreted to justify the construction of structures that

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obstruction to navigation, the flow and the ebb tides, or the migration paths of fish and other aquatic species. c. Fish Sanctuary/Marine Reserve Zone- The Fishery Refuge/ Sanctuaries of Lagonoy shall be at least 15% of total coastal area of municipal waters as determined by the Sanggunian by appropriate ordinance and upon recommendation of and consultation with the FARMC and to establish additional Fish Refuges/Sanctuaries as may be necessary in accordance with Article V hereof. All fishing activities are prohibited within the Fish Refuge/Sanctuaries. No License shall be interpreted to justify any form of fishing activity within designated Fish Refuge/Sanctuaries. d. Demarcated Fishery Areas- The Sanggunian shall, by appropriate ordinance, designated Demarcated Fishery Areas within the municipal waters: SECTION 8. GRANT OF FISHING PRIVILEGES IN MUNICIPAL WATER The duly registered municipal fisherfolk organization/ cooperatives shall have preference in the grant of fishery rights by the Sangguniang Bayan, as mandated under Section 149 of the Local Government Code of 1991. Provided, that the privileged shall be granted only to existing and functional municipal fisher folk organization/ cooperatives duly accredited by the Sangguniang Bayan and whose members have resided in the municipality for at a least (6) months and listed in the registry of municipal fisher folk. However, organization/ cooperative members whose household is already in possession of a fishery right other than for fish capture cannot enjoy the fishing rights granted to the organization or cooperative. Provided further, that the Sangguniang Bayan may require a public bidding in the event that there are two (2) or more qualified fisherfolk cooperatives/ organization, which applied for the grant of such privileges. In the absence of such organizations or cooperatives or their failure to exercise their preferential rights, other parties may participate in the public bidding provided the they are Filipino citizens, have resided in the municipality for at least one (1) year and recommended by the FARMC. However, if there is no organization participated in at least two (2) calls for public bidding, the Sangguniang Bayan shall award or grant such rights or privileges to qualified individuals, cooperatives or organizations upon recommendation of the FARMC. The corresponding permit or license to operate shall be issued by the City Mayor upon payment of the annual fees prescribed under section 15 of this ordinance. Provided furthermore, that the Chairman Committee on Agriculture and Fisheries. MAO/CRMO and the duly designated awardees representatives from the FARMC shall be responsible for the conduct of pre-qualification of bidding, evaluation of bids, and the recommendation of awards concerning the grant of subject fishing privileges.

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As a guarantee of good faith, abiders bond in the amount corresponding to the prescribed minimum rental of the allotted area for the fishing privileges shall be mandatory requirement. Provided, that the bond of the winning bidder shall be forfeited in favor of the Municipal Government in case of failure to execute the granted fishing privilege within three (3) months after its grant/ award by the Sangguniang Bayan and issuance of the corresponding license to operate by the Municipal Mayor. Provided finally, that all applications for the grant of fishing privileges along the required location plan of the area being applied for and the Cooperatives Articles of Incorporation, Constitution and By-Laws and Certificate of Registration shall be filed with the Sangguniang Bayan through Office of the Municipal Agriculture Office/CRMO and the FARMC. The application form for this purpose shall be advised. SECTION 9. ESTABLISHMENT OF FISH SANCTUARY AND MARINE RESEVE The Sanggunian may, through an appropriate ordinance, may establish a Fishery Reserve for special or limited use, or for educational, research and/ or special management purposes. The boundaries of such Fishery reserve shall be deemed to have been accordingly amended, while the terms and conditions of subsequent licenses shall be deemed to incorporate the said limitations. The Municipal Mayor, through the MAO/CRMO, shall be responsible for determining the appropriate terms and conditions of the licenses in order to achieve the purposes of the Fishery reservation. There shall also have an establishment of a Fishery Refuges/Sanctuaries for the purpose of strengthening the habitat and spawning grounds of fish and other aquatic resources, ensuring sustainability of fish stocks, maintaining or rehabilitating fish stocks, and similar purposes. The boundaries of such Fish Refuges/Sanctuaries shall be clearly defined and publicized. No fishing in any form shall be allowed within such Fish Refuges/Sanctuaries, and no license shall be interpreted as authorizing fishing activities within such areas.

SECTION 9-A. ACTIVITIES REQUIRING PERMITS All scientific and educational institutions, groups, and ventures that intend to use the coastal, marine and fishery resources of the Municipality of Lagonoy must secure permission, necessary permits and other documentation from the LGU prior to initiation of activities which transgress any provision of this Ordinance. SECTION 10. FISHERFOLK REGISTRATION AND LICENSING All fisherfolk including municipal fishing boats and gears used for fishing activities within the municipality must be registered and in possession of a Certificate of Fisherfolk Registration (CFR), fishing license and a vessel license, if applicable, prior to fishing operation.

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The Municipality of Lagonoy through the Municipal Agriculturist Office (MAO)/ CRMO shall keep a registry of fisherfolk and/or their organizations. Gear types and specifications shall be incorporated in the Fisherfolk Registry. The registry shall be for purposes of information generation, monitoring and regulation. It shall also serve as basis for determining preferential rights as to the use of its municipal waters. All fishery-related activities in the municipal waters shall be permitted only to municipal fisherfolk and their cooperatives/organizations listed in the registry. The MAO/CRMO shall maintain and update the registry of fisherfolk and their fishing gear with assistance of the B /MFARMC, and submit the updated registries to the Office of the Mayor. The Barangay Councils of coastal barangays shall be furnished a copy of the registry to be posted in their respective barangay halls and other strategic locations where it shall be open to the public for validation of the correctness and completeness of the list. All qualified fisherfolk shall be registered with the Municipality through the MAO/CRMO. All fishing gear and/or paraphernalia to be used by the applicant fisherfolk shall be registered simultaneously. Municipal fisherfolk shall be qualified to secure a license, upon completely filling-up the prescribed application form. Registered fisherfolk shall carry with them their Certificate of Fisherfolk Registration (CFR) and license at all times when engaged in fishing operations and present or surrender the same, whenever and wherever requested by the PNP Maritime-Group, PNP, B/MFARMC, BantayDagat Personnel and other duly authorized law enforcer. Only the municipal fisherfolk who meet the following eligibility requirements shall be allowed to register: a. A citizen of the Philippines; b. Must be directly or personally physically engaged in the taking and processing of fishery and/or aquatic resources from the wild state or habitat with or without the use of fishing vessel; c. A resident of the Municipality for at least six (6) months and; d. Eighteen (18) years of age and above

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SECTION 11. REGISTRATION AND LICENSING OF MUNICIPAL FISHING BOAT CODING SYSTEM All municipal fishing boats shall maintain the red color code and the CAS12-PC 0001 etc. numbering and letter code assigned. The prescribe letter coding for every barangay preceding the number is stated below. The designated color of red shall be painted on both side of the hull in a rectangle framing the municipal code. All licensed fishing boats must have a name and bear the prescribed municipal code provided by the MARINA pursuant to Executive Order no. 305. The price of boat coding will be incorporated into the fishing vessel license fee. Painting of boats will be the responsibility of the MAO/CRMO.
Barangay Code

Panicuan Cabotonan Omalo Kinahulugan Panagan San Sebastian Bocogan Del Carmen Olas Mapid Sta. Cruz San Isidro Guibahoy Balaton Himanag Sipaco Mangogon

PC CA OM KI PN SS BC DC OL MP SC SI GB BL HM SP MN

The corresponding license to operate fishing vessels shall contain therein the name and address of the owner, the vessels registry number and measurement, engine brand and horsepower, type of fishing gear to be utilized in its operation, name of vessels, color and other identifying marks. SECTION 12. CREATION OF MUNICIPAL FARMC The Municipal Fisheries and Aquatic Resource Management Council is hereby created, composed of the following; a. b. c. d. e. f. The Municipal Planning and Development Officer; The Chairperson of the Committee on Fisheries of the Sanggunian; One (1) representative of the Municipal Development Council; One (1) representative from the Department of Agriculture; One (1) representative of an accredited non-government organization; One (1) representative from the private sector;

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

The members of the MFARMC shall be appointed by the Municipal Mayor, upon nomination by their respective offices or organizations. Their terms of office shall be one (1) year, subject to renewal. Members shall be entitled only to reasonable per diems for attendance at meetings of the FARMC. In case of members described in paragraphs e to g of Section 1 hereof. The Municipal Mayor shall request nominations from all civic, non-government, business, or other organizations and associations based in the municipality and accredited therewith. Such nominees must be bona-fide actual and permanent residents of the municipality, involved with or familiar with the fishing activities of the area, and be respected citizens of the community. The list of nominees shall be disseminated and posted in the barangay halls and strategic locations within the municipality at least thirty (30) days prior to the selection of members. Absent any objections, persons meeting the qualifications may be appointed by the Mayor to the MFARMC. Vacancies shall be filled in the same manner. The MFARMC shall exercise the following functions; a. Assist in the preparation of the Municipal Fishery Development plan and submit such plan to the Municipal Development Council; b. Recommend the enactment of municipal fishery ordinances to the Sanggunian through its Committee of Fisheries; c. Assist in the enforcement of fishery laws, rules and regulations in Municipal Waters; d. Advise the Sanggunian on fishery matters, through its Committee on Fisheries; e. Perform such other functions as may be assigned by the Sanggunian. SECTION 13. CREATION OF THE MUNICIPAL FLET A volunteer Fishery Law Enforcement Team (FLET) is hereby created. Deputized FLET members are authorized to assist regular law enforcement officers such as the Philippine National Police Maritime Group, Philippine Coast Guard, or Philippine Navy, in the enforcement of the provisions of this Ordinance as well as all other laws, rules, and regulations on fisheries and aquatic resources. The FLET shall also assist the MAO/CRMO in carrying out its duties and functions. For legal purposes, they are deemed to be persons rendering assistance to persons in authority, and shall be subject to the direct control and supervision of a regular law enforcement officer.

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FLET Members are expected to carry out the following functions on a regular basis: 1. Effect the full implementation of this Ordinance; 2. Participate in law enforcement activities in both sea-based and land-based patrolling; 3. Establish a monitoring and control system and engage in surveillance and apprehension of any all violators of the Ordinance occurring in the Municipality; 4. Recommend measures for the protection and enhancement of the coastal and fishery resources and solutions to resource use conflicts; 5. Assist and support in the conduct of community consultations, dialogues, and campaigns in all advocacy and Information, Education and Communication (IEC) activities. The municipal FLET shall be initially funded XX,XXXPhp and thereafter a budget of XX,XXX Php shall be allocated from the annual municipal budget for FLET operations. The MAO/CRMO with the MPDO shall ensure inclusion of the FLET budget in the annual municipal budget. The municipal FLET shall be equipped with classroom and field trainings on environmental and fishery law, values formation, basic and advanced paralegal topics, apprehensions, collection of evidence, inspecting fish, GPS and mapping, and additional trainings that will enhance their knowledge and skills. The Local Chief Executive with the approval of the Sangguniang Bayanwill be responsible for equipping the FLET with basic functional equipment such as but not limited to sailing and harbor charts and maps, still camera, binoculars, evidence bag, compact tape recorder, GPS unit, handcuffs, cell phone and/or short wave radio, and uniforms. The FLET should have access topatrol boats as are necessary for meeting the demands of their patrol schedule and the geographic size of their municipal waters, as well as annually allocated LGU funds for patrol boat fuel and other surveillance and operation funds as needed. The LGU and MFARMC shall seek the assistance of BFAR and other law enforcement agencies to enhance the capabilities of the FLET. The MFARMC shall seek the assistance of the LGUs, BFAR, and other law enforcement agencies in the conduct of advocacy and training with the police, judge, prosecutors, and local executive, and must implement strategies to achieve support from legal bodies.

SECTION 14. INCENTIVES FOR MUNICIPAL FLET To ensure social and economic equity of the municipal deputy fish wardens, the LGU shall provide incentives in the form of honorarium, insurance coverage, medical benefits, livelihood opportunities and scholarships for the children of the deputy fish wardens. The LGU shall provide legal assistance and transportation allowance to FLET members in case counter charges from violators will be filed.

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The Local Chief Executiveshall ensure XX% of the annual FLET budget is used for incentives for each active member of the FLET (this percentage should be based on the budget number set by the SB in the above Section 10). In addition, XX% of the income derived from fees, licenses, permits, taxes, fines and penalties, and other fisheries-related businesses such as but not limited to, fish dealing, processing, concessions and fish pond operations shall be remitted to a MAO fund allocated exclusively for FLET incentives and operational support.

SECTION 15. DEPUTIZATION OF THE MUNICIPAL FISH WARDENS No person shall become a deputized member of the FLET unless he or she has successfully completed the three-day basic training course in fishery law enforcement as prescribed or administered by the Bureau of Fisheries and Aquatic Resources. The municipal fish wardens shall be deputized by the Local Chief Executiveof the Municipality, after receiving a certificate of training from the BFAR Region 5 Director. SECTION 16. PROHIBITIONS AND PENALTIES This section divides the prohibitions and regulated acts, and the attendant penalties, into four main categories: A. B. C. D. Based on fishing method employed Based on location of fishery activity Based on the resource exploited Other prohibited/regulated acts.

A. Based on Fishing Method Employed 1. Actual Use of Explosives, Noxious or Poisonous Substances and/or Electricity for Illegal Fishing (Section 88 RA 8550 & FAO 206). Elements Fishing with explosives: Use of dynamite, other explosives or other chemical compounds that contain combustible elements or ingredients, which upon ignition by friction, concussion, percussion or detonation of all parts of the compound will kill, stupefy, disable or render unconscious any fishery species. The use of any other substance and/or device, which causes an explosion that, is capable of damaging and altering the Penalty Prosecute under RA 8550 Section 88, without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life. Municipal confiscation of devices, vessels, equipment and catch. Revocation of municipal fishing licenses, fishing vessel and gear licenses upon apprehension, and a

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natural habitat. Fishing with noxious or poisonous substances: The use of any substances, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals, either in a row or processed form harmful or harmless to human beings, which will kill or stupefy/disable or render unconscious any fishery species, and is capable of damaging and altering aquatic habitat.

moratorium on banning new licenses to offenders for a period of 1-2 years.

Electrofishing: The use of electricity generated by batteries, electric generators and other sources of electric power, to kill, stupefy, disable or render unconscious any fishery species whether or not the same are consequently recovered.

2. Mere possession of Explosives, Noxious or Poisonous Substances and/or Electrofishing Devices for Illegal Fishing (Section 88 RA 8550 & FAO 206). Elements Penalty Explosives, noxious or poisonous substances and/or electrofishing devices are discovered on board a fishing vessel. Explosives, noxious or poisonous substances and/or electrofishing devised are used or are to be used for illegal fishing. Prosecute under RA 8550 Section 88, without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life. Municipal confiscation of devices, vessels, equipment and catch. Revocation of municipal fishing permit, fishing vessel and gear licenses upon apprehension for a period of 1-2 years.

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3. Use or Mere Possession of Air Compressor in Municipal waters (DILG Memo No. 129 s. 2002). Elements Penalty Compressor and its accessories used for illegal fishing. Compressor and its accessories found on board a fishing vessel. Use of air compressor for performing underwater work shall only be allowed for the purpose of retrieving/salvaging of fishing gears, if prior to its usage a permit to operate the air compressor is granted from the MAO and the Municipal Mayor. Imprisonment for a period of 6 months. Confiscation of compressor and accessories, fish catch, and fishing gears.

4. Use of Fine Mesh Nets (Section 89 RA 8550 & FAO 155). Elements The mesh size of nets is smaller than (less than 3 centimeters between 2 opposite knots of a full mesh when stretched) that allowed by the MAO or any configuration of overlaid nets that create a mesh size smaller than three (3) centimeters (trammel net), and the fishery species gathered are not fry, anchovy (dilis, sirom-sirom), glass eels, elvers, tabios, and alamang and other species which by their nature are small but mature, to be identified by the MAO and BFAR. Penalty Fine of Php 2500 per crew including the owner of the vessel, or imprisonment for 6 months, or both. Confiscation of fish catch and fishing gears.

5. Use of Kalansisi (Ring net) and all other Active Gears in Municipal Waters and Bays and Other Fishery Management Areas (Section 90 RA 8550 & FAO 201). Elements Fishing gear/devices is used for fishing Fishing gear/device used is Penalty Prosecute under RA 8550 Section 90, without prejudice to the filing of separate criminal cases when the use of

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characterized by gear movement, and/or pursuit of the target species by towing, lifting, pulling and pushing the gear, surrounding, covering, dredging, pumping and scaring the target species to impoundments.

the same result to physical injury or loss of human life. If vessel in question is above 3 GT, recommend for revocation of commercial fishing license to DABFAR.

6. Use of Muro-Ami and Any of Its Variations e.g. paradual, kayakas, tupak, suklob, etc. (Section 92 RA 8550 & FAO 203). Elements Method and gear used for fishing require diving and other physical or mechanical acts to pound coral reefs and other habitats. Act of pounding coral reefs and other habitats is meant to entrap, gather or catch fish. Penalty Fine amounting to Php 2500 per crew member including the owner or imprisonment of 6 months, or both. Confiscation of fish catch and fishing gears.

7. Use of Gear and Method which Destroy Coral Reefs, Seagrass Beds and Other Fishery Life Habitats (Section 92 RA 8550 & FAO 203). Elements Sinsuro (beach seine), and other modifications and method used for fishing are destructive to coral reefs, seagrass beds and other fishery marine life habitats as may be determined by LGU in consultation with the FARMC. Penalty Fine of Php 2500 per violator or imprisonment of 6 months, or both. In the case of sinsuro, only the owner/operator shall be penalized. The owner/operator of the vessel shall be fined Php 2500 or imprisonment for a period of 6 months, or both. Confiscation of fish catch and fishing gears.

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

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Elements Fishing activity is conducted within municipal waters. Uses halogen or metal halide bulb(s) pursuant to the definition of superlight in FAO 204.

Penalty Fine of Php 2500 per crew member or imprisonment for a period of 6 months, or both. Confiscation of superlight, fish catch and fishing gear.

B. Based on Location of Fishery Activity 1. Commercial Fishing Vessels Fishing Within Municipal Waters (Section 86 RA 8550) Elements Fishingfor trade, business or profit. Fishing may be permitted by LGU for subsistence, sports fishing and/or educational/scientific purposes. Fishing vessels of more than 3 Gross Tons (GT). Prosecute under RA 8550 Section 86, without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life. Recommend for revocation of commercial fishing license to DABFAR. Penalty

2. Commercial Fishing by Commercial Fishing Vessels in Bays and Fishery Management Areas declared as Over-exploited or Over-fished (Section 96 RA 8550). Elements Fishing vessels of more than 3 Gross Tons (GT). Fishing vessel fishing within an area declared by the LGU in consultation with DA-BFAR, as over-exploited. Penalty Prosecute under RA 8550 Section 96, without prejudice to the filing of separate criminal cases when the use of the same result to physical injury or loss of human life.

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Recommend for revocation of commercial fishing license to DABFAR.

3. Fisherfolk fishing within the Municipal Waters without being listed in the registry of Municipal Fisherfolk (Section 86 RA 8550). Elements Municipal fisherfolk involved is not listed in the registry of municipal fisherfolk. Penalty Fine of Php 1,000.00. Confiscation of catch.

4. Fishing in Overfished Areas and During Closed Season (Section 95 RA 8550). Elements Fishing activity is within an area declared by LGU in consultation with DA-BFAR to be overfished or during closed season. Penalty Fine of Php 2500 or imprisonment of 6 months, or both. Confiscation of catch. Cancellation of fishing permit or license.

5. Fishing in Fish Sanctuaries and Fishery Reserves (Section 96 RA 8550). Elements It shall be unlawful to fish in fishery areas declared in duly circulated and effective Municipal Ordinances as fishery reserves and fish sanctuaries. Penalty Fine of Php 2500 or imprisonment for a period of 6 months, or both. Confiscation of fish catch and fishing gears.

C. Based on Resource Exploited 1. Coral Exploitation and Exportation (Section 91 RA 8550 FAO 184 & 202).

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Elements Ordinary, precious and/or semiprecious corals, whether raw or in processed form, are gathered, possessed, sold or exported by any person or corporation. Such activities are not for scientific or research purposes.

Penalty Violations of this provision shall be punished by a fine amounting of Php 2500 per violator or imprisonment for a period of 6 months, or both. Forfeiture and proper disposition of the subject corals. Confiscation of fishing vessel.

2. Taking or Catching, Selling, Purchasing and Possessing, Transporting or Exporting of Endangered, Rare, and/or Threatened Species (Section 97 RA 8550 & FAO 208). Elements Any person or entity takes, catches, sells, purchases and possesses, transports or exports Rare, Threatened or Endangered aquatic species specified in the CITES , including but not limited to whale sharks (butanding), manta rays (pagi pasapasa species), sea turtles (pawikan), dolphins (lumba-lumba) and dugong. Penalty Prosecution under RA 8550 and the penalty stipulated in Fisheries Administrative Order no. 208. Forfeiture and proper disposition of the subject species.

3. Capture of Sabalo and Other Breeders/Spawners (Section 98 RA 8550 & FAO 168). Elements Catching and gathering, capturing or possessing mature milkfish or sabalo 60 cm in length and above. Penalty Fine of Php 2500 per violator or imprisonment for a period of 6 months, or both.

Catching, gathering, capturing or possessing of such other breeders/spawners as may be

Confiscation of breeders, spawners, eggs or fry. Recommend the revocation of and/or

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determined by DA-BFAR. Except when used for local breeding, fishpond aeration, scientific, or research purposes as may be allowed by the Municipality in coordination with DA-BFAR.

cancel fishing gear license and/or fishing license.

4. Gathering and Marketing of Prohibited Shellfishes including Triton shell, and those listed under CITES (Sec 103 RA 5550) Elements Shellfish is sexually mature, below the minimum size or above the maximum quantities prescribed by DA-BFAR for a particular species. Taking, selling, transferring or possessing any CITES-listed shellfish for any purpose. Penalty Prosecution under RA 8550 Section 103. Forfeiture and proper disposition of the subject shellfish.

5. Gathering of live Aquarium Fish. (FAO 148) Elements Gathering or selling of live aquarium or ornamental fish from the municipal waters, without a permit duly issued by the DA-BFAR for that purpose. Penalty Fine of Php 2500 or imprisonment for a period of 6 months, or both. Forfeiture and proper disposition of the subject aquarium fish.

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6. Cutting or Conversion of Mangroves (Section 94 RA 8550 & RA 7161 & PD 705). Elements Cutting or converting mangroves for any purpose or converting mangroves into fishponds, or for any other purpose. Penalty The apprehending officer will immediately report the offender to the appropriate authorities at the local CENRO and Regional DENR. Fine of Php. 2,500 per tree cut per violator.

D. Other Prohibited/Regulated Activities 1. Engaging in any Fishery Activity in Municipal Waters without a License, Lease or Permit (Sec. 86 RA 8550) Elements Penalty Exploiting, occupying, producing, breeding, culturing, gathering fish/fih fry/fish fingerlings of any fishery species or fishery products, or engaging in any fishery activity within the municipal waters, where such activities are conducted without the benefit of any license, lease or permit. Fine of Php 2500 per violator or imprisonment of 6 months, or both. Confiscation of catch and fishing gears.

2. Gathering, Selling, Exporting of White Sand, Silica, Pebbles and Other Substances that make up the Marine Environment (Section 92 RA 8550 & FAO 203). Elements Penalty White sand, silica, pebbles and other substances are gathered, sold or exported without permit. Such white sand, silica, pebbles and other substances are gathered from the coastal and marine environment without permit. Fine of Php 2500 per violator or imprisonment of 6 months, or both. Confiscation of the vehicle and the equipment. Confiscation of the substance taken from its marine habitat.

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3. Dealing in, selling, or in any manner disposing of for profit, illegally caught/gathered fisheries species (Section 88 RA 8550 & FAO 206). Elements Dealing in, selling or disposing of illegally caught/gathered fisheries species. Such activities must be for profit. Penalty Fine of Php 2500 per violator or imprisonment of 6 months, or both. Forfeiture of the subject fisheries species.

4. Aquatic Pollution (Section 102 RA 8550) Elements Aquatic pollution may be committed by: The introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment, which result, or is likely to result, in such deleterious effects as: o to harm living and non-living aquatic resources. o To pose potential and/or real hazards to human health. o To pose a hindrance to aquatic activities such as navigation and fishing. Dumping/disposal of waste and other aquatic litters from any water, land or air transport or other human made structure. Deforestation which causes similar hazards and deleterious effects including sedimentation of aquatic environments. Unsound agricultural practices, such as the use of banned chemicals, Penalty Fine of Php 2500 per violator or imprisonment for 6 months, or both. An additional fine of Php 500 per day until the violation ceases and all fines are paid. The violator shall shoulder the cost of restoring immediately affected areas to restoration, at the discretion of the Court.

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intensive use of artificial fish feed and wetland conversion, which cause similar hazards and deleterious effects. 5. Failure to comply with Minimum Safety Standards (RA 8550 Sec. 103) Elements Penalty The owner and captain of a municipal fishing vessel are engaged in fishing and fail to exhibit or show proof of compliance with minimum safety standards, such as, but not limited to a life vest for every crew member and a first aid kit. Fine of Php 2500 for owner and captain. Fishing vessel shall be immediately prevented from continuing with fishing activities and escorted to nearest port or landing point. Suspension of license until safety standard has been complied with.

6. Violation of Catch Ceilings (Section 101 RA 8550) Elements Penalty Fishing in municipal waters in violation of catch ceilings which may be determined by DA-BFAR. Fine of Php 2500 or violation or imprisonment for a period of 6 months, or both. Confiscation of fish catch and fishing gears.

7. Obstruction to Navigation or Flow and Ebb of Tide in any Stream, River, Lake or Bay (Section 103 RA 8550 & FAO 216/217) Elements Penalty Erecting or maintain structures which cause obstruction to navigation lanes or zones to be defined in a subsequent municipal zoning ordinance, or the free flow and ebb of tide. Fine of Php 2500 per violator or imprisonment for a period of 6 months, or both. Dismantling of the obstruction shall be at the violators expense.

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8.Construction or Operation of Fish Corrals, Fish Traps, Fish Pens and Fish Cages (Section 103 RA 8550) Elements Construction and operation of fish corrals/traps, fishpens and fish cages without the benefit of a permit/license. Penalty Fine of Php 2500 per violation or imprisonment for a period of 6 months, or both. Dismantling of the fish corrals, traps, pens and fish cages shall be at the violators expense.

9. Failure to Conduct Yearly Production Report on Licensed Fishponds, Fishpens and Fishcages Elements Owner of fishpond, fishcage, fish pen with valid license or lease fails to provide Municipal Agricultural Office with a yearly report on type of species and volume of production. Penalty Fine of Php 2500 per unreported hectare (ponds, pens and cages with a combined area of less than 1 hectare will be charged for 1 hectare). Confiscation of fish fishpens and fish cages. species, for

Recommend cancellation of lease agreements for fishpond areas to DABFAR.

10. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew (Section 104 RA 8550) Elements Penalty Employing unlicensed fisherfolks on a commercial fishing vessel. The owner/operator of the commercial fishing vessel shall be fined Php 500 for every month that each unlicensed fisherfolk or fishworker was employed. This fine shall be paid by the owner/operator in their name for all unlicensed fisherfolk or fishworkers.

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11. Obstruction of Defined Migration Paths (Section 105 RA 8550 & FAO 217) Elements Penalty Obstructing with dams or other water course blockages any defined migration path of anadromous, catadromous and other migratory species, such as freshwater eels, in areas including, but not limited to river mouths and estuaries within a distance determined by the concerned FARMCs and as defined in a subsequent municipal zoning ordinance. Fine of Php 2500 or imprisonment for a period of 6 months, or both. Dismantling of the obstruction shall be at the violators expense.

12. Obstruction of Fishery Law Enforcement Officer (Section 106 RA 8550) Elements Penalty When any Deputized Fishery Law Enforcement Officer is performing his duty. Boat owner, master fisher or operator or any person acting on his behalf evades, obstructs or hinders such fishery law enforcement from the performance of his duty. Fine of Php 2500 per violator. Cancellation of registration, permit and/or license of the vessel. Cancellation of license of master fisher on the fishing vessel.

13. Violation of the Terms and Conditions of a Fishing Vessel or Gear License Elements Penalty Violating any of the terms and conditions of a fishing license issued by the municipality to a fisherfolk for a fishing vessel below 3 GT or fishing gear. Fine of Php 1000. Cancellation of permit/license fisherfolk and of the fishing vessel. of

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14. Violation of a Temporary Ban or Closure (Sec. 16 RA 8550) Elements Penalty Any activity involving catching or collecting of fishery species specified as banned in a temporary ban or closure issued by the municipality. The public has been duly informed through postings in the munisipyo and in each coastal barangay posted in each barangay hall and announced. Fine of Php 2500 per violation or imprisonment for a period of 6 months, or both. Confiscation of fish catch and fishing gears.

15. Non-Compliance with Vessel Coding (Executive Order 305) Elements Penalty Failing to comply with the prescribed color-coding and vessel identification scheme of the Municipality, as outlined in this ordinance.

Fine amounting to Php 1000 for both owner and captain of vessel. Confiscation of fish catch and fishing gears. Release of confiscated items shall only occur after payment of the required fees for marking, and after vessel is actually marked, at the expense of the owner.

16. Failure to Secure Auxiliary Invoice (RA 8550 Sec. 15) Elements Penalty Transporting fish and fishery products outside the municipality without an auxiliary invoice issued by the municipality. Temporary hold of fishery products until auxiliary invoice is secured and presented. The apprehending officer will not be liable in holding the fishery products until auxiliaryinvoice is secure and presented.

17. Possessing, Removing or Destroying Municipal Buoy Markers Elements Penalty Possessing, displacing, removing or destroying buoy markers installed by the municipality for the purpose of demarcating marine sanctuaries, Fine of Php 2500 or imprisonment for a period of 6 months, or both. Confiscation of the buoy markers.

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fishery reserves, municipal waters, or other zones.

18. Abandonment of Fishing Vessel, Gear or Facility Elements Penalty Abandoning a fishing vessel, fishing gear or an aquaculture or mariculture facility in the municipal waters for any reason other than force majeure. Fine of Php 2500 or imprisonment for a period of 6 months, or both. Additional fee of Php 100 per day depending on the gross tonnage. Confiscation of subject fishing vessel and fishing gears. Removal of the abandoned vessel, gears or facility at the violators expense. Vessels not removed after 30 days will be forfeited to the LGU.

SECTION 17. PERSONS, AGENCIES AND DEPUTIES TO ENFORCE THIS ORDINANCE The following are the authorized persons/deputies to enforce this Ordinance: Deputized Municipal Fish Wardens 1. 2. 3. 4. 5. 6. 7. 8. 9. Punong Barangay Sangguniang Barangay Local Chief Executive Sangguniang Bayan Municipal Agriculture Officer/ Coastal Resource Management Officer PNP Officers PNP Maritime Officers Philippine Coast Guard Other authorized agencies

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SECTION 18.INCLUSION OF FISHERIES CONSERVATION SUBJECTS TO SCHOOL CURRICULUM.Fisheries conservation subjects shall be incorporated in the curricula of

elementary and secondary schools both private and public. (R.A. 8550 sec. 117) to inculcate in the minds and hearts of the people through education the importance of preserving and protecting the environment. (S.C.G.R. Nos. 171947-48) Also, Sec.118 of the R.A. 8550 otherwise known as The Philippine Fishery Code of 1998 states that, the Department, the CHED, the DECS and the Philippine Information Agency shall launch and pursue a nationwide educational campaign to: a.) help realize the policies and implement the provisions of the this code; b.) promote the development management, conservation and proper use of the environment; c.) promote the principle of sustainable development; and d.) promote the development of truly Filipino-oriented fishing and ancillary industries.

Sec. 116 of R.A. 8550 states that, the Department, CHED, DECS, TESDA, shall upgrade State Fisheries Schools/Colleges which provides both formal and non-formal education: Provide, however, that the CHED shall incorporate Approfishtech in the curricula of fisheries schools/colleges. The Department and the CHED shall jointly formulate standards to upgrade all fisheries schools/colleges. Fisheries schools/colleges that do not meet minimum standards shall be closed. SECTION 19. MANDATORY REVIEW The Sangguniang Banyan and Panlalawigan with the Municipal FARMC shall undertake the mandatory review of this Ordinance at least once every three (3) years, to ensure that coastal and fisheries policies and guidelines remain responsive to the changing situations of communities and resources.

SECTION 20. APPROPRIATION CLAUSE The Local Government Unit shall regularly provide funds to carry out and sustain the effective implementation of this Ordinance.

SECTION 21. AUTHORITY TO SEEK AND NEGOTIATE EXTERNAL FUNDING The Municipal FARMC is hereby authorized to seek and negotiate for external funding from financial institutions and development agencies for the purpose of funding the operation and activities of the FLET and to sustain the implementation of this Ordinance.

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SECTION 22. FORFEITURE OF CONFISCATED ITEMS The apprehending officer shall physically inventory and photograph if possible all confiscated fishing vessels, gears, and other items, and submit these inventories with all necessary documentation and reports to the trial Court within five days of the date of original seizure. The release or forfeiture of these items is up to the discretion of the Court, in accordance with the guidelines delimited in Rule 12 of the Administrative Matters 09-6-9-SC: Rules of Procedure for Environmental Cases. SECTION 23. DISPOSAL OF FORFEITED FISH CATCH The Municipal FLET shall dispose of fish catch to municipal jails, government hospitals, and other charitable institutions located within the reasonable accessible vicinity of the apprehension, for the consumption of the inmates/patients thereof. Provided however, that when necessary the teams shall cause the sale or public auction of the confiscated fish catch and the proceeds of which shall be turned over to the municipal treasurers office. In addition,forfeited fish catch shall be also disposed to indigent residents provided however, that they are certified by the Municipal Social Welfare and Development Office. SECTION 24. CONFISCATION, TREATMENT & DISPOSAL OF ILLEGALLY CAUGHT FISH (FAO 206) When a deputized fish warden or law enforcement officer seizes fish suspected to have been caught by means of explosives or noxious and poisonous substances, he shall follow the guidelines for confiscation, treatment and disposal contained in Fisheries Administrative Order no. 206.

SECTION 25. INCENTIVES SCHEME As incentives for proper law enforcement, the fines generated from applying the penalties of this Ordinance, either through judicial or administrative means, the Municipal Treasurers Office will remit these funds in the to the following parties: XX% to the apprehending officers who participated in the apprehension XX% will be given to the MFARMC XX% will be given to the Municipal government.

Provided however, that all expenses stemming from the apprehension operation will be deducted from the fines generated.All fines imposed by the Court shall be paid directly to the Municipal Treasurers Office who shall act accordingly under the incentive scheme provided in this ordinance.

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SECTION 26. TRANSITORY CLAUSE The LGU shall provide funds for the implementation of this ordinance including personnel, per diem, honorarium, transportation, maintenance, equipment and other operational expenses. Nothing in this section shall deprive the Sangguniang Bayan to support the full implementation of this ordinance. The LGU through the Sangguniang Bayan shall within six (6) months of publication of this ordinance, appropriate funds to carry out above undertakings; otherwise, they shall be held liable under the Local Government Code of 1991.

SECTION 27. SEPARABILITY CLAUSE If for any reason any sections(s) or provision(s) of this ordinance is held unconstitutional or invalid, other sections or provisions hereof which are not affected shall remain in full force and effect.

SECTION 28. REPEALING CLAUSE Law enforcement parts of any municipal ordinances, and other municipal rules and regulations which are inconsistent or are in conflict with the provisions of this Ordinance are hereby repealed/and or modified accordingly.

SECTION 29.EFFECTIVITY CLAUSE. This Fishery and Coastal Law Enforcement Ordinance of the Municipality of Lagonoy shall take effect after its approval by the Sangguniang Bayan and Sangguniang Panlalawigan. Specifically the Ordinance shall take effect after said approval, 15 days after it is subsequently published in a newspaper of general circulation within the District. Copies of this ordinance shall be posted in 3 conspicuous places in the municipality, and the Municipal Office of Agriculture shall undertake IEC campaigns to inform all fisherfolk and coastal residents of the ordinance and its provisions. UNANIMOUSLY APPROVED. xxx------------------------------------------------------------------------------------------------------------xxx WE HEREBY CERTIFY that the above-quoted resolution was duly enacted by the Sangguniang Bayan during its 16 th regular session held on December 02, 2013.

EMERSON T. BARCILLANO Secretary to the Sanggunian Date:__________ BEN M. SABOCO Presiding Officer Municipal Vice Mayor Date:__________

P a g e | 36 Res. No. 058-2013 16th Regular Session Political Term 2013 - 2016

BERNARDO V. FLORECE III SB Member Date:__________

ALFREDO R. CABRAL, JR. SB Member Date:__________

RANDY A. TEXON SB Member Date:__________

SERAFIN R. PESIMO, JR. SB Member Date:__________

ERNESTO D. ODIAMAR, JR. SB Member Date:__________

JESUS P. OLIVARES, SR. SB Member Date:__________

CHRISTOPHER JOSEPH P. MISANES SB Member Date:__________

EMILY M. FANTE SB Member Date:__________

APPROVED:

DELFIN R. PILAPIL, JR. Municipal Mayor Date:__________

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ANNEXES
a) Notice of Public Hearing b) Certifications (Posting of Notice) c) Minutes of Public Hearing d) Attendance e) Publication of Approved Municipal Ordinance

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ANNEX I
Republic of the Philippines Province of Camarines Sur Municipality of Lagonoy
Notice of Public Hearing

Office of the Sangguniang Bayan

21 August 2013 THE HONORABLE MEMBERS Sangguniang Barangay __________, Lagonoy, Camarines Sur

Thru: PUNONG BARANGAY _________________

Gentlemen and Ladies, Please be informed that the Sangguniang Bayan of Lagonoy, Camarines Sur will be conducting a public hearing relative to the proposed FISHERY & COASTAL LAW ENFORCEMENT ORDINANCE and the proposed ORDINANCE PRESCRIBING RULES & PROCEDURE IN CONDUCTING ADMINISTRATIVE INVESTIGATION AGAINST ELECTIVE BRGY. OFFICIALS, THIS MUNICIPALITY on August 31, 2013 (9:00 A.M.) at the Balaton Municipal Extension Office. Please find herein attached copies of said proposed ordinances for your perusal. In relation thereto, the Sangguniang Bayan, thru the undersigned, is respectfully requesting your Sanggunian to attend the said public hearing. Your presence will be of big help to ensure the successful implementation of the above-mentioned ordinances. Thank you and cordial regards.

Respectfully yours,

SB MEMBER ALFREDO R. CABRAL, JR. Chairman, Committee on Rules and Legal Matters

SB MEMBER ERNESTO D. ODIAMAR, JR. Chairman, Committee on Agriculture

Noted:

BEN M. SABOCO Municipal Vice Mayor

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ANNEX II
CERTIFICATIONS POSTING OF NOTICE

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ANNEX III
Republic of the Philippines Province of Camarines Sur Municipality of Lagonoy -oOoMinutes of Public Hearing

Office of the Sangguniang Bayan

MINUTES OF THE PUBLIC HEARING RELATIVE TO THE FISHERY AND COASTAL LAW ENFORCEMENT ORDINANCE HELD AT THE CABOTONAN ELEMENTARY SCHOOL, CABOTONAN, LAGONOY, CAMARINES SUR ON SEPTEMBER 28, 2013. xxx------------------------------------------------------------------------------------------------------------xxx The opening prayer was led by Ms. Karen Decelo and the singing of National Anthem was led by Ms. Alma Pentecostes, both from the office of the Sanggguniang Bayan Secretariat. Please see attached sheet for the attendance. At 10:00 oclock in the morning, SB Member Ernesto D. Odiamar, Jr. Chairman of the Committee on Agriculture of the Sangguniang Bayan of Lagonoy, Camarines Sur called the public hearing to order. The Master of Ceremony, Mr. Ariel Nitullano of the Office of the Municipal Administrator, acknowledged the presence of the participating barangay officials. In behalf of Punong Barangay Winnie Nabus of the host-barangay Cabotonan, Barangay Kagawad ErlindaNabus delivered the welcome address. Atty. Brix A. Pasiona, the municipal administrator, also delivered a message in behalf of Mayor Delfin R. Pilapil, Jr. Ms. Leah Villanueva, resource speaker from the World Wide Fund for Nature, together with Municipal Agricultural Officer RusselBacares, presented and explained to the public the salient provisions of the ordinance using a power point presentation. RECESS: At 12:00oclock noon, a recess was called. RESUMPTION: The public hearing was resumed at 1:00 oclock in the afternoon.

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SB Member Ernesto D. Odiamar, Jr., together with the resource speaker continued the presentation of the ordinance. ADJOURNMENT: At 3:00 oclock in the afternoon, the public hearing was adjourned. xxx------------------------------------------------------------------------------------------------------------xxx WE HEREBY CERTIFY to the correctness of the foregoing.

EMERSON T. BARCILLANO Secretary to the Sanggunian

SB MEMBER ERNESTO D. ODIAMAR, JR. Chairperson, Committee on Agriculture

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ANNEX IV
Attendance

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ANNEX V
Certifications Publication of Approved Mun.Ord

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