BANNING THE USE IF GILL NET (“PAMO” and the likes) WITHIN THE MUNICIPAL SEAWATERS OF MARIBOJOC, BOHOL.
Sponsored by: MASS MOTION
Authored by: Hon. Fructuoso F. Redulla, Jr.
WHEREAS, the Municipal Government of Maribojoc, Bohol has been consistently espousing the policy thrust of the national government especially on matters affecting the lives of the marginal people and the environment;
WHEREAS, one of the policy-objectives being pursued by the municipal officials is to curb, if not, totally eliminate all forms of not only illegal but also destructive forms of fishing within its territorial seawaters;
WHEREAS, there have been reports of wanton and incessant rape of the Maribojoc Bay by poachers who are not only non-Maribojocanons but are also non-bonafide members of the municipal fisherfolks organization as evidenced by the absence of their names in the Registry of Municipal Fisherfolks of Maribooc, Bohol;
WHEREAS, there have been reports of near-accidents and near-bloody confrontations between marginal fishermen of Maribojoc, Bohol on one hand and transient poachers using the gill net (pamo) type of fishing gear on the other had;
WHEREAS, a public forum and hearing was held by the municipal officials of Maribojoc, Bohol for the purpose of ascertaining and appraising the people on the pros and cons of such type of fishing operation;
WHEREAS, it was established, proved and overwhelming approved that said type of fishing will not promote sustainable development within Maribojoc Bay in general and the municipal seawaters of Maribojoc, Bohol, in particular;
WHEREFORE, upon Mass Motion, be it ordained by the Members of the Sangguniang Bayan of Maribojoc, Bohol in its session duly assembled that:
SECTION 1. Definition of Terms.- As used in this ordinance, the following terms are defined as follows:
1. Gill Net (Pamo and the likes) – type of a fishing gear that is being loaded on a boat or other sea vessel whose one end is floated with a buoy and is dropped at a certain point of the sea while the other end is tied to the vessel and towed. The next extends from a low of fifty (50) meters to more than Two Hundred meters in length.
2. Vessel – includes all types of boats, crafts or other artificial contrivance used, or capable of being used, as a means of transportation on water.
3. Persons – means every natural or juridical being, susceptible of rights and obligations or of being the subject of legal relations.
4. Municipal Waters- includes not only streams, lakes and tidal waters within the municipality but also marine waters included between two (2) lines drawn perpendicularly to the general coastline from points where the boundary lines of the municipality touch to the sea at low tide and a third line parallel with the general coastline and fifteen (15) kilometers from it.
5. Marginal Fishermen – refers to an individual engaged in subsistence fishing which shall be limited to the sale, barter, or exchange of marine products produced by himself and his immediate family.
SECTION 2. Prohibition.- It shall be unlawful for any person(s), association, partnership or corporation to engage in the catching of any species of fish using the Gil Net (PAMO and the likes) type of fishing within the municipal seawaters of Maribojoc, Bohol.
SECTION 3. Penal Clause.- Any person(s), owner, operator, officer(s0 of any association, partnership, corporation or entity who shall be found violating Section 2 of this Ordinance shall, upon conviction, be made to pay a fine of Two Thousand Five Hundred Pesos (Php 2,500.00) for each of the crew member or an imprisonment of not less than two (2) months to not more than six (6) months, or both such fie and imprisonment at the discretion of the Court. This is without prejudice to the confiscation of the fish catch, the fishing gears/equipment and other fishing paraphernalia.
SECTION 4: Repealing Clause.- All ordinances, rules and regulations in conflict of, or inconsistent with this ordinance, in part or in whole, are hereby repealed or modified accordingly.
SECTION 5: Effectivity.- This ordinance shall take effect upon approval..
Approved: March 15, 2002
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
PHILIP R. MEDEQUISO
Municipal Vice Mayor
ALBERTO E. ARANGOSO
Engr. GABINO C. REDULLA
Dates signed: March 22, 2002