SANGGUNIANG PANLUNGSOD PROPOSED ORDINANCE

NO. 2016-______

____________________________________________________________
HON. RAMON R. MELLIZA and HON. BRIX T. TAN AUTHORS
____________________________________________________________

WHEREAS, the Philippines is an archipelagic country with about 36,289

kilometers of coastline - the longest coastline of any nation in the world and
surrounded by enormous bodies of water with around 171 million hectares of
territorial sea endowed with bountiful fishery resources;
WHEREAS, General Santos City is the Tuna Capital of the Philippines being a
consistent leader in fish landing volume more specifically of tuna and tuna-like
species and being the home to six (6) of the countrys eight (8) tuna canning
plants;
WHEREAS, tuna and tuna-like species including other fish products are the top
export of General Santos City that significantly contributes to the citys economy;
WHEREAS, a significant number of Filipinos and citizens of General Santos City
are engaged in fishing as their primary source of livelihood and likewise providing
for extensive direct and indirect employment of Generals in secondary activities
which substantial number of citizen rely their livelihood upon;
WHEREAS, the Local Government Units (LGUs) are mandated by law to support
the national programs of the government and establish a direct linkage with the
national government agency concerned, on the management and development
of the fishery resources of the city, which can only be attained by creating a local
central agency whose primary function is to concentrate and service the needs of
the local fishery sector;
WHEREAS, the rules and regulation under the Fisheries Administrative order No.
196, series of 2000 were promulgated in line with the fisherfolk empowerment
program of the government and to achieve sustainable development of fisheries
and aquatic resources, attain food security and eradicate poverty among the
coastal and inland fishing communities, and pursuant to the provisions of Section
68-79 and other related provisions of Republic Act No. 8550 otherwise known as
the Philippine Fisheries Code of 1998;
WHEREAS, Section 13 of Fisheries Administrative Order No. 196, series of
2000, states that The advisory body shall be selected from the academe and
research institutions, national government agencies, local government units, nongovernment organizations (NGOs) and Peoples Organizations (POs) based on
their involvement, expertise in fisheries and track record in helping the
fisherfolks.;

WHEREAS, considering the huge impact of the fishing sector, a compelling need
to create an advisory body to ensure a more effective and efficient delivery of
basic services to the fisherfolks is patently apparent;
WHEREAS, the establishment of a fisheries advisory body will be a significant
breakthrough in project conceptualization and proposals regarding fishing-related
activities to ensure rational and sustainable development, management, and
conservation of the fishery and aquatic resources, to protect the rights of
fisherfolks, and to provide support to the fishery sector;
WHEREAS, the fisheries advisory body would help give priority in mitigating and
providing solutions to the problems of the fishing sector and fisherfolks;
NOW THEREFORE, on motion of City Councilors Ramon C. Melliza and Brix T.
Tan,
duly
seconded
by
______________________,
_______________________, and __________________, be it
RESOLVED, as it is hereby resolved to enact this Ordinance:

ORDINANCE NO. _______

SERIES of 2016

AN ORDINANCE CREATING AND ESTABLISHING THE CITY FISHERIES

AND AQUATIC RESOURCES ADVISORY BOARD AND FOR OTHER
PURPOSES

SECTION 1. Short Title. - This Ordinance shall be known as the "City Fisheries and
Aquatic Resources Advisory Board (CFARAB) Ordinance"
SECTION 2. Creation. - The City Fisheries and Aquatic Resources Advisory Board,
hereinafter referred to as CFARAB, is hereby created structurally and functionally in
accordance with the provisions of this Ordinance.
SECTION 3. Declaration of Policies. - It is hereby declared the policy of the City to
promote the sustainable development and management of all fisheries and marine
resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the
adjacent high seas, consistent with the primordial objective of maintaining a sound
ecological balance, and protecting and enhancing the quality of the environment.
It is the policy of the City to protect and conserve the nation's marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone and reserve its use
and enjoyment to Filipino citizens. It is the policy of the City to adopt the precautionary
principle and to prioritize conservation of the countrys marine and aquatic resources.
In the preferential use of communal marine, fisheries, and aquatic resources, the
small-scale fishermen shall be given its preferential use while protecting their rights.
Towards this end, such fishermen shall be given the appropriate technical and financial
support.
SECTION 4. Definition of Terms. - As used in this Ordinance, the following terms and

phrases shall mean as follows:

a)

AQUACULTURE fishery operations involving all forms of raising and culturing

fish and other aquatic species in fresh, brackish and marine water areas.

b)

CHARGES refer to financial liability, as rents or fees against persons or

property.
CITY - Refers to the City Government of General Santos.

c)
d)

h)

o)

ENDANGERED, RARE OR THREATENED SPECIES aquatic plants and

animals including some varieties of coral and seashells in danger of extinction as
provided for in existing fishery laws, rules and regulations, or by the Protected Areas
and 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).
e)

FISHWORKER is a person employed in commercial fishing, aquaculture, fish

processing plants and other ancillary or related industries.

f)

FISHERFOLK men or women indirectly and directly engaged in taking and/or

culturing, processing, and vending of fishery and/or aquatic resources of
Sarangani Bay Protected Seascape and municipal waters.

g)

FISHERIES refer to all activities relating to the act or business of fishing,

culturing, preserving, processing, marketing, developing, conserving and
managing aquatic resources and the fishery areas, including the privilege to fish
or take aquatic resource thereof.

FISHERY/AQUATIC PRODUCTS include finfish, mollusks, crustaceans,

echinoderms, algae, seaweeds, marine mammals and all other flora and fauna.
i)

FISHING the taking of fishery species from their wild state or habitat, with or
without the use of fishing vessels.

j)

INLAND FISHERY includes culture and capture of fish in fresh and brackish
waters.

k)

LOCAL GOVERNMENT UNIT refers to the City Government of General Santos

unless it is used to mean other specific local government unit.

l)

MONITORING the requirement of continuously observing fishing efforts which

can be expressed by the number of days or hours of fishing, number of fishing
gears and number of fisherfolk, characteristics of fishery resources and resource
yields (catch);

m)

CONTROL the regulatory condition (legal framework) under which the

exploitation, utilization and disposition of the resources may be conducted; and

n)

SURVEILLANCE the degree and types of observations required to maintain

compliance with regulations.

PERSON natural or juridical entity such as individuals, associations,

partnership, cooperatives or corporations.
p)

POST-HARVEST FACILITIES these facilities include, but are not limited to, fish
port, fish landing, ice plants and cold storage, fish processing plants.

SECTION 5. Composition. The CFARAB shall have the following composition:

1)

Chairperson City Mayor;

2)

Co-Chairperson President, SOCSKSARGEN Federation of Fishing and Allied

Industries, Inc. (SFFAII);

Members:
3) Regional Director, Bureau of Fisheries and Aquatic Resources 12;
4) Regional Director, Maritime Industry Authority 12;
5) Regional Director, Department of Environment and Natural Resources 12;
6) Port Manager, Philippine Fisheries Development Authority - GSC;
7) Port Manager, Philippine Ports Authority - GSC;
8) City Director, Department of Interior and Local Government - GSC;
9) City Director, Department of Labor and Employment - GSC;
10) City Director, National Irrigation Administration - GSC;
11) Commander, Philippine Coast Guard;
12) Commander, PNP-Maritime;
13) President, Lawis Small Fisherman Association;
14) President, Minanga Womens Alamang and Fish Processing Association;
15) President, San Roque Silway Fisher Folks Association;
16) President, Bula Seaweeds Farmers Association;
17) President, SARGEN Shrimp Stakeholders Association, Inc.
18) President, Alliance of Tuna Handliners;
19) President, Gensan Inland Fisheries Stakeholders Association;
20) President, Gensan Fish Vendors Association;
21) President, Gensan Dried Fish Bulad Vendors Association;
22) Dean, Mindanao State University - College of Fisheries;
23) Principal, Bula Fisheries High School;
24) Television News Company
25) Newspaper Media Company
26) Chairperson, Sangguniang Panlungsod Committee on Fisheries, Marine Life,
and Aquatic Resources;
27) Department Head, City Environment and Natural Resources Office;
28) Department Head, City Disaster Risk Reduction and Mitigation Office;
29) Department Head, City Social Welfare and Development Office;
30) Department Head, City Agriculturist Office;
SECTION 6. Powers and Functions. The following shall be the powers and functions
of the CFARAB:
A. General:
To formulate policies that will improve and develop the fisheries sector and
aquatic resources of General Santos City
B. Specific:
a) Formulate plans and policies for the management, development, utilization,
and conservation of the fisheries and aquatic resources within the jurisdiction
of the city;
b) Strengthen/ revitalize fisherfolk organizations;
c) Facilitate the implementation of national government agency projects;
d) Provide data in aid of legislation;
e) Facilitate the implementation of fisheries and oceans habitat policies, plans
and laws for all appropriate maritime components and agencies;
f) Assist in the enforcement of fisheries and ocean habitat regulations, and
clarify and amplify the aforementioned division mandate in accordance with
the published fisheries and oceans management plans within its territorial
jurisdiction;
g) Assist in the preparation and implementation of a comprehensive City
Fisheries Management Plan based on the precautionary principle and the
principle of sustainable development, using scientifically-generated
information or best available evidence on the status of the fisheries and
marine resources;

h) Assist in formulation and implementation of, consistent with the national

development framework, a fishery industry development program and set
policies and standards for the efficient and economic operations of the fishing
industry in accordance with the objectives of food security and rational and
sustainable development;
i) Recommend to the Sangguniang Panlungsod the enactment of ordinances,
rules and regulations governing the conservation and proper utilization of
fisheries and aquatic resources of the city;
j) Prescribe and recommend rules and regulations including visitorial powers,
procedures and guidelines concerning the classification, establishment,
construction, maintenance and operation of all fishing ports, landing sites, and
fish markets and the operation of business therein;
k) Actively engage in the conservation, protection and rehabilitation of rare,
threatened and endangered marine species as it may determine, including
their habitats;
l) Assist in the designation of marine areas as protected areas for the special
purposes stated in the notice of declaration;
m) Promote international and regional economic and technical cooperation in the
fisheries and oceans sectors and in integrated oceans management;
n) Facilitate provision of infrastructure support such as municipal fishing ports
and markets, farm-to-market roads, quality laboratories in fish ports,
marketing facilities, local fisheries ship building and repair facilities, and postharvest facilities, in cooperation with concerned agencies;
o) Assist in the establishment and implementation of a Fisheries Marketing
Assistance Program (FishMAP), aimed at ensuring the generation of the
highest possible income for fisherfolk and fishery-related enterprises,
matching supply and demand in both domestic and foreign markets;
p) Facilitate the establishment of a fisheries modernization credit program to
finance fishery projects of fisherfolk, fish farmers, fish processors, commercial
fishers, fishworkers, and other qualified borrowers; and
q) Perform all other functions consistent with this Ordinance and as may be
provided by law.
SECTION 7. Secretariat of the CFARAB. Through a majority vote, the members of
the CFARAB shall elect from among its NGO and PO members a Secretariat to assist
and facilitate its order of meetings and all other official responsibilities and transactions
thereof.
SECTION 8. Duties and Responsibilities of the Secretariat. The following shall be
the duties and responsibilities of the secretariat of the CFARAB:
a)
b)
c)
d)
e)
f)

Provide minutes of the meeting to all members of the CFARAB;

Keep all directories, records, and documents of the CFARAB;
Coordinate plans and activities of the CFARAB;
Serve as the center of communication and documentation;
Facilitate the conduct of the meetings of the CFARAB;
Perform administrative and other functions as directed by the CFARAB;

SECTION 9. Meetings of the CFARAB. Within thirty (30) days after this Ordinance
shall have taken effect, the CFARAB shall meet to fix, by an Internal Resolution, the
day, time, and venue of regular meetings. The meetings shall be held at least once
every three (3) months. When public interest so demands, special meetings may be
called by the Chair or by a majority vote of the members of the CFARAB.

SECTION 10. Internal Rules of Procedure. On its first regular meeting and within
sixty (60) days thereafter, the CFARAB shall adopt its own rules of procedure. Such
rules of procedure shall provide for the following:
a) The organization of the CFARAB including the specific distribution of tasks to
each member thereof, if any there be, for the efficient and effective fulfillment of
the CFARABs functions;
b) The agenda for each meeting;
c) The plan-making, monitoring, and evaluation process;
d) The voting procedures including the conduct of members during meetings;
e) Quorum; and
f) Such other rules as the CFARAB may adopt.
SECTION 11. Honoraria. The NGO and PO members of the CFARAB shall receive
an honorarium in the amount of One Thousand Pesos (Php 1,000.00) and for the
secretariat NGO/PO the amount of Three Thousand Pesos (Php 3,000.00) in every
actual attendance of its meetings.
SECTION 12. Appropriations. - The Office of the City Agriculturist shall be responsible
for the preparation of the annual budget for the operations of the CFARAB for the
purpose of inclusion in the annual appropriations act of the City.
SECTION 13. Separability Clause. - If any provision of this Ordinance is declared
unconstitutional inoperative, the other provisions not so declared shall remain in force
and effect.
SECTION 14.Repealing Clause. - All ordinances, rules and regulations or parts thereof
inconsistent with this Ordinance, or the rules and regulations promulgated pursuant
there to are hereby repealed or amended accordingly.
SECTION. 15. Effectivity Clause. - This Ordinance shall take effect fifteen (15) days
after publication in one (1) local newspaper of general circulation within the city.

Prepared by:
Ronan Y. Villagonzalo
Local Legislative Staff Assistant III

Checked by:
Rosalinda L. Mondido
Local Legislative Staff Officer V

Approved by:
Hon. Brix T. Tan
City Councilor