ORDINANCE DECLARING A PART OF THE MUNICIPAL WATERS OF MARIBOJOC LOCATED IN BARANGAY PUNTA CRUZ. AS A MARINE PROTECTED AREA FOR THE PROTECTION AND SUSTAINABLE MANAGEMENT OF THE MARINE RESOURCES.
Authored by: Kag. Filomena V. Asedilla
Co-Authors: Kag. Alberto E. Arangoso
Kag. Samuel N. Laluna
WHEREAS, an ordinance No. 30, series of 1994 entitled “An Ordinance Declaring A part of the Municipal Waters Within the Barangay Punta Cruz as No Fishing Zone” has been repealed on May 21, 2004;
WHEREAS, the Bureau of Fisheries and Aquatic Resources recommended the site to be declared as a marine protected area that requires full protection and sustainable management of the marine resources for the benefit of the municipal fisherfolks;
WHEREAS, the Local Government Unit is mandated under the Republic Act 8550 also known as “New Fisheries Code of the Philippines”, to establish a marine protected area within the Municipal waters for marine resource conservation and wise utilization;
NOW THEREFORE, be it ordained by the Sangguniang Bayan of Maribojoc, Bohol that:
SECTION 1: Title- This Ordinance shall be called Punta Cruz Marine Sanctuary Ordinance.
SECTION II: Declaration of Policy.-
It is hereby declared the policy of the municipality, to wit:
1. Protect and manage the municipal waters, its coastal and fisheries resources for the enjoyment and benefits of the municipal fisherfolks.
2. To manage the coastal and fisheries resources in a manner consistent with the principle of the coastal resource management,
3. To enhance people’s participation in the management of the coastal and fisheries resources in the municipality.
SECTION III: Definition of Term.-
As used in this ordinance the following terms and phrases shall mean as follows:
a.) Marine Sanctuary – an area declared by and to be managed by the small
fisherfolks of the barangay & the barangay management council to generate food security & ensure that fish stock shall remain for the future generation.
b.) Destructive Activities – shall mean those activities that bring & cause damage or destruction to marine life-habitat and established facilities with in the park.
c.) Extractive Activities – taking out, catching or collecting of any living & non- living things with in the park.
d.) Regulated Human Access – a controlled entry and or activity within the park.
e.) Fisherfolks – Person directly or personally and physically engaged in taking and or culturing and processing fishery & aquatic resources.
f.) Buffer Zone – an area at least 50 meters distance around the sanctuary in which only hook and line fishing may take place with a maximum of five hooks per fisher.
g.) Marine Sanctuary Management Council – the duly authorized council which has been organized by the Barangay Council which include Barangay Captain and Council members, fisherfolks & other citizen.
SECTION IV: Location Area and Delineation of Boundaries within the Marine Sanctuary.
The Marine Fish Sanctuary of Barangay Punta Cruz, Maribojoc, Bohol shall include conservation and management of all coastal water resources within the legally established administrative boundaries and jurisdiction of Barangay Punta Cruz, Maribojoc, Bohol. The physical boundaries of the Punta Cruz Sanctuary shall be established as follows:
S13 – 50 W
N 89-00 W
N 20-21 E
Area = 100,05.13 sq.m
A general location and zoning map of the Marine Fish Sanctuary of Punta Cruz is hereby attached.
A multi-sectoral marine sanctuary management body lead by the Sangguniang
Bayan of Maribojoc shall ensure that the boundaries of the marine park are clearly marked with
buoys and that a sketch plan of the location area and boundaries of all designated management zones within the marine park and all approved implementing rules and regulations are properly
posted in conspicuous places at all times.
SECTION V: General Prohibitions.-
1. All Fishing destruction and extraction activities are prohibited within the designated core zone of the marine sanctuary.
Prohibited activities include, that are but are not limited to the following activities:
a.) Hook and line
b.) Spear fishing
c.) Gathering collection, and/or destruction of any kind of marine life
d.)Use of boat anchors
e.) Swimming or recreational activities
f.) All other legal or illegal activities
2. No recreational activities maybe conducted in the area, however if necessary motorized bancas may be allowed to pass by through the area only under the assurance that they slow their engines to a minimum and do not fish within the area.
Only barangay residents may fish or glean within the area as known as buffer zone. This will ensure that equitable benefits of the sanctuary to be mainly distributed to those residents who guard and ensure the continuity of the sanctuary.
4. Any person wishing to conduct a scientific study or assessment of the area may be do so, only after having secured a written authorization from the barangy captain and the Marine Sanctuary Management Council.
SECTION VI: Management of the Marine Sanctuary.-
A Multi-sectoral management body shall be created, empowered and funded as part of the management plan to ensure proper and responsible planning management and enforcement of the marine park. This group will be duly elected and composed of the Barangay Captain and Council, fisherfolks and other interested parties.
This management body will meet regularly and organized committees within its body. Information Education communication Committee, Enforcement and Guarding Committee, Monitoring and Evaluation, Finance, Planning and other committee maybe discussed if necessary within one year of the effectivity of the Sanctuary Ordinance.
The municipality of Maribojoc and Council will prepare a 5-year Sanctuary Management Plan and ensure that regular maintenance budget for the Sanctuary is yearly allocated for the maintenance and upgrading the marine sanctuary and for the activities necessary for the sanctuary, which will laid down in the management plan.
For the purpose of guarding, the management council is in-charge to assign guards during the day and night and will also be responsible for monitoring.
They cal also request the Local Government Unit of Maribojoc counterpart to the sanctuary to help in guarding. Their help would also be appreciated in Municipal engineer’s help with the sanctuary guard house planning and also to LGU to supply search light and megaphone for the establishment of the Punta Cruz Marine Sanctuary, under it’s Agriculture & Fisheries budget as part of food security program of the municipality.
SECTION VII: Penal Provision.-
Any person violating any of the provision of this ordinance shall be subject to the following penalties:
1st Offense - A fine of Two Thousand Pesos (P2,000.00) plus confiscation of fish catch.
2nd Offense - A fine of Two Thousand Five Hundred Pesos (P2,500.00) plus confiscation of fish catch.
3rd Offense - P 2,500.00, confiscation of fish catch and paraphernalia and imprisonment of 6 month at the discretion of the court.
The fines from the arrest of fishers within the sanctuary will be distributed to the following:
a.) 40% will go directly to the LGU funds for the inclusion in the CRM Budget of the Municipality.
b.) 30% to the Sanctuary Management Council
c.) 30% to the apprehending team person conducting the actual arrest.
Fishing paraphernalia and fish catch will be turn over to the PNP for evidenciary purposes.
SECTION VIII: Repealing Clause.-
All previous ordinances, rules and regulations or parts which are inconsistent with this ordinance are hereby repealed and modified accordingly.
SECTION IX: Separability Clause.-
If, for any reason or reasons, any part or provisions of this ordinance shall be held unconstitutional or invalid, other parts or provisions here of which are not affected, thereby shall continue to be in full force and in effect.
SECTION X: Effectivity.-
This ordinance shall take effect upon approval.
Approved: October 29, 2004
Let copies be furnished, the Sangguniang Panlalawigan of Bohol for review and
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
FILOMENA V. ASEDILLA
Presiding Officer-SB Member
ERLINDA V. CASTILON
Acting Secretary to the Sanggunian
PHILIP R. MEDEQUISO
Municipal Vice Mayor
ENGR. GABINO C. REDULLA
Date signed: November 5, 2004