AN ORDINANCE DECLARING A CERTAIN PORTION OF A COASTAL AREA OF BARANGAY BOOD AND LAGTANGON AS MARINE FISH SANCTUARY IN THE MUNICIPAL WATERS OF MARIBOJOC,
Sponsored by: Mass Motion
Authored by: Committee on Agriculture & Fisheries
BE IT ORDAINED by the Sangguniang Bayan of the Municipality of Maribojoc, Bohol, that:
SECTION 1 : Title : This Ordinance shall be known as the Maraag Marine Sanctuary Ordinance of 2001.
SECTION 2 : DECLARATION OF POLICY: There is hereby declared the policy of the municipality:
1.) to manage the coastal and fishery resources of the municipality in a manner consistent with the principle of the coastal resource management;
2.) To protect and manage the municipal waters its coastal and fisheries resources for the enjoyment and benefits of the municipal fishers in perpetuity; and;
3.) To enhance people’s participation in the management of the coastal and fisheries resources if the municipality.
SECTION 3 : DEFINITION OF TERMS: As used in this ordinance the following
terms and phrases shall mean as follows:
a.) Marine Sanctuary – an area declared by and to be manage by the small fisherfolk of the barangay and the barangay management council to guarantee their food security and ensure that fish stock shall remain for the future generation.
b.) Destructive Activities – shall mean those activities that bring and cause damage or destruction to the marine life-habitat and/or established faculties within the marine park.
c.) Extractive Activities – taking out, catching or collecting of any living non-living from within the marine park.
d.) Regulated human access – a controlled entry/and or activity within the marine sanctuary.
e.) Fisherfolks – Person directly or personally and physically engaged in taking and or culturing and processing fishery and 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 included Barangay Captains and Council members, fisherfolks and other citizens.
SECTION 4 : Location, area and Delineation of Boundaries within the Marine
The Maraag Marine Sanctuary shall include consideration and
management of all coastal waters resources within the legally established administrative boundaries and jurisdiction of the Barangay Lagtangon and barangay Bood, Maribojoc, Bohol and Physical boundaries of the Maraag Sanctuary shall be established as follows:
From Pt. 1 – 2 124 N Latitude 6.12 E longitude
To Pt. 2 – 3 436 N Latitude 21.80 E longitude
To Pt. 3 – 4 93 N Latitude 4.6 E longitude
To Pt. 4 – 1 410 N Latitude 20.5 E longitude
with a total management area of 12.26 hectares.
A general location and zoning map of the Maraag Fish Sanctuary is hereto 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 publicly posted in conspicuous places at all times.
SECTION 5 : GENERAL PROHIBITIONS
1.) All fishing destructive and extractive activities are prohibited within the designated core zone of the marine sanctuary. Prohibited activities include but are not limited to the following activities:
a.) hook and line
b.) spear fishing
c.) gathering, collection and/or destruction of any type of marine life.
d.) Use of boat anchors
e.) swimming and recreational activities in the core zone
f.) all other legal and illegal activities
2.) Use of motorized boats, including wave runners or jet skies, within the marine sanctuary.
3.) Disposal of solid and/or liquid waste within the designated waters of the marine sanctuary and buffer zone.
The Buffer Zone
1. All fishing destructive and extractive activities are prohibited within the designated buffer zone of the marine sanctuary. The only exceptions being that small fisherfolks from the surrounding may use hook and line fishing with not more than five hooks in the buffer zone around the sanctuary. The Buffer Zone will be marked with colored buoys and signboard.
2. No. recreational activities may be conducted in the area, however if necessary motorized Bancas may be allowed pass though the area only under the assurance that they slow their engines to a minimum and do not fish within the area.
SECTION 6 : EXCEPTIONS:
6.1 Only barangay residents may fish or clean within the area 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.
6.2 Any person wishing to conduct a scientific study or assessment of the area may-do so only after having secured a written authorization from the Barangay Captain and Marine Sanctuary Management Council.
SECTION 7 : MANAGEMENT OF THE MARINE SANCTUARY
A multi-sectoral management body shall be created, empowered
and funded as part of the sanctuary management plan ordinance to ensure proper and responsible planning management and enforcement of the marine park. This group will be duly elected and composed of the Barangay Captains and council, fisherfolks and other interested parties.
This management body will meet regularly and organized
communities within it’s body. Information, Education and Communication Committee Enforcement and guarding committee, monitoring and evaluation, Finance Planning and other committee that maybe decreased necessary within one year of the effectivity of the Sanctuary Ordinance. The municipality of Maribojoc and the Maraag Sanctuary Management Council will prepare a five year Sanctuary Management Plan and ensure that regular maintenance budget for the sanctuary is yearly allocated, of not less than five thousand pesos (P5,000.00) for the maintenance and upgrading of the marine sanctuary and for other activities necessary for the sanctuary, which will be laid down in the management plan.
For the purpose of guarding, the management council will be the one in charge to assign guards during the day and night and they will also be responsible for monitoring.
They can also request the LGU of Maribojoc counterpart to the sanctuary to help in guarding. Their help would also be appreciated in having the Municipal Engineer help with the sanctuary guardhouse planning and also to LGU to supply search light and megaphone for the establishment of the Maraag Sanctuary under its Agriculture and fisheries budget as part of food security of the municipality.
SECTION 8 : PENAL PROVISION:
Any person violating any of the provision of this ordinance shall
be subject to the following penalties:
1st Offense – P2,000.00 per person plus confiscation of the fish caught.
2nd Offense – P2,500.00 per person plus confiscation of the fish caught.
3rd Offense – P2,500.00 per person plus confiscation of the fish caught
as well as imprisonment of six (6) months at the discretion of the court.
The fines from the arrest of fishers within the sanctuary will be
distributed to the following:
a.) 40% of the fine will go directly to the LGU Funds for the inclusion in the CRM Budget of the Management
b.) 30% given to the Sanctuary Management Council for the maintenance of the sanctuary.
c.) 30% will go directly to the person/persons conducting the actual arrest.
Fish caught and fishing paraphernalia will be turned over to the PNP.
SECTION 9 : REPEALING CLAUSE
All previous ordinances rules and regulations or parts which are inconsistent with this ordinance are hereby repealed and modified accordingly.
SECTION 10 : 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 hereof which are not affected thereby shall continue to be in full force and in effect.
SECTION 11 : EFFECTIVITY
This ordinance shall take effect immediately upon approval by the Sangguniang Bayan.
Approved: December 21, 2001
I HEREBY CERTIFY TO THE CORRECTNESS
OF THE ABOVE QUOTED ORDINANCE:
(Sgd.) PHILIP R. MEDEQUISO
(Sgd.) ALBERTO E. ARANGOSO
(Sgd.) ENGR. GABINO C. REDULLA
Date signed: January 7, 2002
A true copy from the original:
NOEL D. VELOSO