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Republic of the Philippines


Province of Cebu
SANGGU NIANG PANLALAWIGAN
Cebu Capitol, Cebu City

i4th sP Tgth Session

EXCERPT FROM THE MINUTES OF THE 1OTH REGULAR SESSION (1ST OUT-OF-TOWN, CY
2018) HELD BY THE SANGGUNIANG PANLALAWIGAN OF CEBU AT THE SESSION HALL,
2ND FLooR, MUNICIPAL HALL BUILDING, BALAMBAN, CEBU ON MARCH 19.2018.

PRESENT:
Hon. Agnes A. Magpale Vice Governor/Presiding Officer
Hon. Jerome Christian V. Librando Presiding Officer Pro Tempore
Hon. Jude Thaddeus Durano Sybico Majority Floor Leader
Hon. Christopher R. Baricuatro Assistant Majority Floor Leader
Hon. Raul D. Bacaltos Sanggunian Member
Hon. Yolanda L. Daan Sanggunian Member
Hon. Edsel A. Galeos Sanggunian Member
Hon. Jose Mari D. Salvador Sanggunian Member
Hon. Alex S. Binghay Sanggunian Member
Hon. Victoria Corominas-Toribio Sanggunian Member
Hon. Sun J. Shimura Sanggunian Member
Hon. Miguel Antonio A. Magpale Sanggunian Member
Hon. Glenn O. Bercede Sanggunian Member
Hon. Thadeo Jovito M. Ouano Sanggunian Member
Hon. Earl Tidy H. Oyas Sanggunian Member (PCL)
Hon. Celestino A. Martinez lll Sanggunian Member (FABC)

ON LEAVE:
Hon. Horacio V. Franco Sanggunian Member

RESOLUTTON NO. 7 04-2018

AUTHOR: HON. THADEO JOVITO M. OUANO

WHEREAS, Cebu Ordinance No. 2012-05, also known as "The Provincial Fisheries and
Aquatic Resources Ordinance of Cebu", was passed more than five years ago;

WHEREAS, this Ordinance has been amended by Ordinance No. 20'14-15 with the end
purpose of achieving its full implementation, and Ordinance No. 2015-21 which amended this
Ordinance to simplify the provisions relating to sharks and seaweed species and is intended to
fully address the concerns of the stakeholders;

WHEREAS, this Ordinance is once again amended to incorporate the new provisions of
the Philippine Fisheries Code, RA 8550, as amended by RA 10654;which is being implemented
by the Bureau of Fisheries and Aquatic Resources (BFAR) with the local government units;

WHEREAS, this amendatory Ordinance is geared towards achieving its ultimate goal of
fully implementing the salient features of the amended Fisheries Code and to further strengthen
the protection of Cebu Province's fisheries and aquatic resources;

NOW, THEREFORE, on motion of


Member/Author, Hon. THADEO JOVITO M.
OUANO, duly seconded by Member, Hon. YOLANDA L. DAAN, be it

RESOLVED to enact, as it is hereby ENACTED, the following:


Res. No.704-2O18lOrd No. 2018-02 Page2

oRDINANCE NO.2018-02
AMENDING RESOLUTION NO. 691.2012IORDINANCE NO. 2012.05,
AS AMENDED, ALSO KNOWN AS "THE PROVINCIAL FISHERIES
AND AQUATIC RESOURCES ORDINANCE OF CEBU, AS
AMENDED".

The Sangguniang Panlalawigan of Cebu, hereby ORDAINS, that;

SECTION 1. Section 3, the purpose of Ordinance No. 2012-05, otherwise known as


"The Provincial Fisheries and Aquatic Resources Ordinance of Cebu", is hereby added as
follows:

"Section 3. Purpose of the Ordinance. - This Ordinance is enacted for the following
purpose:

xxx

(c) to promote conservation and ensure sustainable and equitable utilization of coastal
and aquatic resources in the Province in conformity with Republic Act No. 8550,
othenryise known as the "Philippine Fisheries Code of 1998", as amended by
Republic Act No. 10654, othenivise known as "An Act to Prevent, Deter and Eliminate
lllegal, Unreported and Unregulated Fishing",

(e) to ensure the food security of the population as the major consideration in the
utilization, development, conservation, protection and management of fisheries and
marine resources;

(f) to protect the rights of marginal fisherfolk in the constitutionally-guaranteed


preferential access and use of the municipal waters from intrusion of destructive and
commercial fishers;

(g) to provide full support, ensure sustainable fisheries management in its municipal
waters and respect the preferential rights to registered municipal fisherfolk to utilize
and use the marine resources".

SECTION 2.
Section 6 of the same Ordinance is hereby amended by adding the
following terms, as follows:

"Section 6. Definition of Terms. - As used in this Ordinance, the following terms and
phrases shall mean as follows:

xxx

(e) Community Service - means any service or activity that is performed for the benefit
of the community or its institutions in lieu of the payment of fine imposed as
administrative or criminal penalty;

(k) Fisheries Observer - refers to a person duly authorized by the Philippine


government or under a Regional Observer Program of the RFMO, to collect
scientific, technical or fishing-related data, and other information that may be
required by the government or the RFMO and/or in compliance with conservation
and management measures;
Res. No.704-2018lOrd No. 2018-02 Page 3

(o) Fishing Vessel/Gear License - refers to a permit to operate specific types of fishing
vessel/gear for a specific duration in areas beyond municipal waters for demersal or
pelagic fishery resources;

(p) Fishing Light Attractor - refers to a fishing aid which employs lights using, among
others, mercury vapor, high pressure sodium vapor, standard tungsten, tungsten
halogen, fluorescent or light-emitting diode that are attached to a structure above
water or suspended undenryater to attract both fish and members of their food chain
in specific areas in order to harvest them;

(cc) Harvest Control Rules - refers to actions or set of actions to be taken to achieve a
medium or longterm target reference point while avoiding reaching or breaching a
limit reference point;

(dd) lllegal Fishing -


means fishing activities conducted by the Philippine fishing vessels
operating in violations of the Philippine laws, Regional Fisheries Management
Organization resolutions, and laws of other coastal states;

(fl) Serious violation - means any of the following violations of the provisions of this
Code:

1 Fishing without a valid license, authorization or permit;


2 Fishing without reporting the catch or misreporting the catch;
J Fishing in a closed area u during a closed season;
4 Fishing of prohibited species;
5 Fishing with the use of prohibited gears or methods;
b Falsifying, concealing or tampering with vessel markings, identity or registration
to conceal vessel identity or lack of registration;
(7) Concealing, tampering or disposing of evidence relating to an investigation of a
violation;
(8) Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly
obstructing or delaying a fisheries law enforcer, authorized inspector or observer
or other duly authorized government officers;
(9) lntentionally tampering with or disabling the vessel monitoring system; and
(10)Committing multiple violations which taken together to constitute a serious
disregard of this Code.

(hh) Transhipment -
refers to the transfer of all or any fish or fishery product from one
fishing vessel to another.

(ii) Unregulated Fishing - refers to fishing activities conducted by:


('l) Vessels without nationality but operated by a Filipino and/or Filipino corporation;
(2) Philippine flagged fishing vessels operating in areas managed by RFMOs to
which the Philippines is not a party to, or
(3) Philippine flagged fishing vessels operating in areas or fish stocks where there
are no applicable conservation and management measures.

(j) -
Unreported Fishing refers to fishing activities which have not been reported or
have been misreported to the Department of Agriculture (DA) - Bureau of Fisheries
and Aquatic Resources (BFAR) and the Provincial Fisheries Office, in contravention
of national laws and regulations of the Philippines, or undertaken in the area of
competence of a relevant RFMO which have not been reported or have been
misreported, in contravention of the reporting procedures of that organization and
further elaborated by regulations to be promulgated by the Department.
Res. No. 704-2018lOrd No. 2018-02 Page 4

-
(kk) Vessel Monitoring Measures (VMM) a method or a system used to track and
monitor the position, course and speed of the vessels at any given time for the
purpose of management of fishing efforts and fisheries resources, and for
traceability. This shall cover VMS and other measures.

(ll) Vesse! Monitoring System (VMS) - a satellite-based system used to track and
monitor the position, course and speed of the vessels at any given time for the
purpose of management of fishing efforts and fisheries resources, and for
traceability.

(mm)VMM device - a specific unit accredited by the DA-BFAR which could either be VMS
or VMM".

SECTION 3. New Section 9 shall be added to the Ordinance, which shall be read as
follows:

"Section 9. Monitoring, Control and Surveillance (MCS) of Fishing. - A monitoring,


control and surveillance system shall be established by the Province in coordination with LGUs,
FARMCS, the private sectors and other agencies concerned to ensure that the fisheries and
aquatic resources in municipal waters are judiciously and wisely utilized and managed on a
sustainable basis, and conserved for the benefit and enjoyrnent exclusively of the Filipino
citizens".

SECTION 4. New Section 10 shall be added to the Ordinance, which shall be read as
follows:

"Section 10. Harvest Control Rules in Municipal Waters. - The DA-BFAR shall assist
the LGUs and special agencies in establishing Harvest Co;rtrol Rules in municipal waters".

SECTION 5. New Section 11 shall be added to the Ordinance, which shall be read as
follows:

"Section 11. Color Coding and Marking System. - The city/municipal governments
shall be guided by the procedures under Executive Order No. 305, Series of 2004 in the
registration, color coding and marking of municipal fishing vessels".

SECTION 6. New Section 12 shall be added to the Ordinance, which shall be read as
follows:

"Section 12. Vessel Monitoring Measures (VMM) in Municipal Waters. - No


commercial or distant water fishing vessels shall engage in fishing activity without complying
with the vessel monitoring measures required by law. Provided, that for vessels transiting in
municipal waters and docking in municipal ports, only the catcher vessel shall be covered by
this requirement.

All municipalities and cities in Cebu shall inventory home-ported commercial fishing
vessels and conduct regular audits to check VMM installations as a prerequisite for docking".

SECTION 7, New Section 13 shall be added to the Ordinance, which shall be read as
follows:

"Section 13. Closed Season in Municipal Waters. - A closed season may be


established in municipal waters upon concurrence of the sanggunian".
Res. No. 704-2018lOrd No. 2018-02 Page 5

SECTION 8. Section 15, the first paragraph shall be changed to the following:

From:

-
"Section 15. Prohibited Acts and Penalties. Consistent with the provisions of
Republic Act No. 8850, the following activities are prohibited within the territorial jurisdiction of
the Province of Cebu, and therefore may be prosecuted in accordance with the provisions of
Republic Act No. 8550, provided, however, that the accused may opt for the payment of the
penalty and administrative fine as provided hereunder and subject to the provisions of this
Ordinance."

To:

-
"Section 15. Prohibited Acts and Penalties. Consistent with the provisions of
Republic Act No. 8550, as amended by Republic Act. No. 10654, the following activities are
prohibited within the territorial jurisdiction of the Province of Cebu, and therefore may be
prosecuted in accordance with the provisions of Republic Act No. 8550, as amended by
Republic Act. No. 10654 provided that the accused may also be liable for the penalty and
administrative fine as provided hereunder and subject to the provisions of this Ordinance".

SECTION 9. Section 15 (p), the title and the first sentence shall be changed to the
following:
From:
"(p) Violation of Catch Ceilings - lt shall be unlawful for any person to fish in violation
of catch ceilings as determined by the Department".

To:

-
"(p) Violation of Harvest Control Rules lt shall be unlaMul for any person to fish
violation of harvest control rules as determined by the Department".

SECTION 10. Section 15 (u), a second sentence shall be added before the third
sentence, which shall be read as follows:

"A monthly summary thereof will be provided to the Provincial Fisheries Office, and that
no auxiliary invoice shall be issued to culture pearls, products transported or unloaded by
Philippine registered fishing vessels, and products caught or gathered in violation of this Code
or declared as a health hazard".

SECTION 11. Section 15 (v) and (w) shall be added to this Ordinance, which shall be
read as follows:

"(v) Non-compliance with Vessel Monitoring Measures (VMM) Transiting Municipal


-
Waters For purposes of monitoring commercial fishing vessels within municipal
waters, all commercial fishing vessels transiting within the municipal waters of Cebu
municipalities and cities are required to install a VMM device on their fishing vessel
within a period of 6 months from the effectlvity of this Ordinance. lt shall also be
unlawful to intentionally tamper with, switch off or disable the vessel monitoring
system".

The discovery of any person operating a fishing vessel in the municipal waters without
any vessel monitoring device or having inoperable units shall constitute a prima facie
presumption that the person is engaged in unauthorized fishing.
Res. No.704-2018lOrd No. 2018-02 Page 6

Failure of any person to acquire and/or install a VMM device on their commercial fishing
vessel which is found transiting within municipal waters, shall render such person liable for a
fine and/or imprisonment of months pursuant to the provisions of the Fisheries Code, as
amended, as well as:

(1) Three Thousand Pesos (F3,000.00) for the boat captain or the three (3) highest
boat officers including the owner/operator of the vessel.

(2) For each violator, an administrative fine in the amount of Five Thousand Pesos
(F5,000.00) per kilo of fish caught or fishery species caught while violating this
provision, and the confiscation, surrender, or forfeiture of the said catch.

ln case the administrative fine imposed in this provision is not paid, the penalty of
confiscation and forfeiture of the fishnet, rope, global positioning system, radar, sonar,
fathometer, binocular, night vision camera, block, other equipment, tools, and gears used in
violating this provision shall be imposed on the violators.

"(w) Docking without Vessel Monitoring Measures - All commercial fishing vessels
which dock on the public or private ports within the jurisdiction of the province are
required to install a VMM device on their fishing vessels within a period of 6 months
from the effectivity of this Ordinance.

Failure of any person to acquire and/or install a VMM device on a commercial fishing
vessel found docking in a public or private port within the jurisdiction of the province shall render
such person liable for a fine and/or imprisonment, and the fishing vessel shall be confiscated,
after due notice and demand to the owner or operator thereof to acquire and/or install a VMM
device. Failure of any person to acquire and/or install a VMM device on their commercial fishing
vessel which is found transiting within municipal waters, shall render such person liable for a
fine and/or imprisonment of months pursuant to the provisions of the Fisheries Code, as
amended, as well as:

(1) Three Thousand Pesos (P3,000.00) for the boat captain or the three (3) highest boat
officers including the owner/operator of the vessel; and
(2) For each violator, an administrative fine in the amount of Five Thousand Pesos
(F5,000.00) per kilo of fish caught or fishery species caught while violating this
provision, and the confiscation, surrender, or forfeiture of the said catch.

ln case the administrative fine imposed in this provision is not paid, the penalty of
confiscation and forfeiture of the fishnet, rope, global positioning system, radar, sonar,
fathometer, binocular, night vision camera, block, other equipment, tools, and gears used in
violating this provision shall be imposed on the violators".

SECTION 12. Section 22 shall be added to this Ordinance, which shall be read as
follows:

"Section 22. lmpoundment of Fishing Vessel and/or Gear. - The fishing vessel used
in committing a violation of this Ordinance shall be impounded by the Municipality through the
MFARMC, pending resolution of the administrative investigation against the offender. The
offender shall issue 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. Loss or damage due
to "force majeure" will be borne by the offender.

Prior to resolution of the administrative investigation, the same shall not be released
unless the costs of storage and upkeep and security bond in the amount of the fair market value
of such vessel or gear are paid or deposited with the Municipal Treasurer's Office to answer for
any administrative sanction or indemnity that may be imposed;
Res. No. 704-2018lOrd No. 2018-02 Page 7

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 not be released except upon lawful order of the court before which the criminal case is
pending. Provided further, that should the offender be subsequently found guilty of the offense,
the inherently illegal items shall be disposed of or destroyed".

SECTION 13. Sections 27,28,29, 30 and 31 shall be added to the Ordinance, which
shall be read as follows:

"Section 27. Fisheries Management Fund. - A Provincial Fisheries Management Fund


is hereby established from fines herein and the share in the National Fisheries Management
Fund to enhance the budget for: enforcement operations of the Cebu Provincial Anti-lllegal
Fishing Task Force; the conservation, preservation, protection, management, development and
regulation of the fisheries and aquatic resources; and the research and development and
capability-building of the various fisheries stakeholders.

It shall be funded from administrative fines and penalties imposed under this Ordinance
from the proceeds of the sale of forfeited fish, fishing gears, paraphernalia and fishing vessels,
and contributions in the form of endowments, grants and donations to the fund which shall be
exempted from donor and other taxes, charges or fees imposed by the government.

The Province of Cebu shall also access the National Fisheries Management Fund from
the DA-BFAR for all administrative fines, accrued from prohibited fishing activities originating
from the municipalities and cities in the Province of Cebu. Such share in the National Fisheries
Management Fund shall automatically accrue to the Provincial Fisheries Management Fund.

-
Section 28. Citizen's Suits. For purposes of enforcing the provisions of this
Ordinance, any citizen may file an appropriate civil, criminal or administrative action in the
proper courts/bodies against:

(a) Any person who violates or falls to comply with the provislons of this Ordinance, and
its implementing rules and regulations,
(b) The Province or the cities and the municipalities of Cebu with respect to orders, rules
and regulations issued inconsistent with this Ordinance; and
(c) Any public officer who wilfully or grossly neglects the performance of a duty
specifically enjoined by this Ordinance; or abuses authority in the performance of
duty; or, in any manner, improperly performs duties under this Ordinance and its
implementing rules and regulations.

Provided, however, that no suit can be filed until after fifteen (15) days notice has been
given to the public officer and the alleged offender and no appropriate action has been taken
thereon.

Section 29. Strategic Lawsuit Against Public Participation (SLAPP) in the


Enforcement of this Ordinance. - A legal action filed to harass, vex, exert undue pressure, or
stifle any legal recourse that any person, institution, or the government has taken or may take in
the enforcement of this Ordinance, shall be treated as a Strategic Lawsuit Against Public
Participation (SLAPP).

The hearing on the defense of a SLAPP shall be summary in nature, the affirmative
defense of a SLAPP shall be resolved within thirty (30) days after the summary hearing. lf the
court dismisses the action, the court may award damages, attorney's fees, and costs of suit
under a counterclaim if such has been filed. The dismissal shall be with prejudice.

lf the court rejects the defense of a SLAPP, the evidence adduced during the summary
hearing shall be treated as an evidence of the parties on the merits of the case. The action shall
proceed in accordance with the Rules of Court.
Res. No. 704-2018lOrd No. 2018-02 Page I

The Rules of Procedure for Environmental Cases shall govern the procedure in civil,
criminal, and special civil actions involving the enforcement or violations of this Ordinance
including actions treated as a SLAPP as provided in this section.

Section 30. Recognition for Outstanding Coastal LGUs. - Based on a Fisheries Law
Enforcement and Compliance Scorecard which shall be developed in partnership with the
Department of the lnterior and Local Government (DILG) and Civil Society Organizations
(CSOs), the Province shall award outstanding coastal LGUs with prizes in the form of cash and
livelihood assistance.

Section 31. lncentives for Law Enforcers and Deputized Fish Wardens. The -
Sangguniang Panlalawigan shall appropriate funds and/or authorize the Governor to set aside
an amount for the incentives and other operating expenses of the Law Enforcers and Deputized
Fish Wardens subject to government auditing and accounting procedures".

SECTION 14. Section 9 to Section 16 shall be moved to Section 14 until Section 21,
Section 17 to Section 20 shall be moved to Section 23 until Section 26, and Section 21 to
Section 23 shall be moved to Section 32 until Section 34.

SECTION 15. Separability Clause. - lf, for any reason, any provision of this Ordinance
is declared invalid or unconstitutlonal, the remaining provisions not affected thereby shall
continue to be in force and effect.

-
SECTION 16. Repealing Clause. All ordinances, executive orders, administrative
orders, rules and regulations, and other issuances, or parts thereof, which are inconsistent with
the provisions of this Ordinance are hereby repealed or modified accordingly.

SECTION 17. Effectivity Clause. - This Ordinance shall take effect immediately after
approval and subsequent publication.

ENACTED AND CARRIED UNANIMOUSLY.


-o0o-
Certified true and correct:

PUL :HRA MARIE E, ACEVEDQg


o the Sangguniang Panlala-wiganl

ATTESTED:

NES A. MASPALE
rnor/Presiding Officer

AppRovED:04 APR2018

HILARIO P. DA
Provincial Governory'