AN ORDINANCE BANNING ALL FROMS OF COMMERCIAL FISHING AND ELECTRIC SHINERS FROM OPERATING WITHIN THE THREE NAUTICAL MILES MUNICIPAL WATERS OF MARIBOJOC, BOHOL AND IMPOSING PENALTIES FOR VIOLATIONS THEREFOR.
(Sponsored by: Hon. Judito M. Alcala)
WHEREAS, for quite a number of years, some big-time commercial fishermen mostly from other provinces, entered the Municipal waters of Maribojoc, Bohol using sophisticated equipment and powerful boats to catch fish and other aquatic resources;
WHEREAS, these commercial fishermen through their own intermediaries have adopted “electric shiners” in commercial fishing wherein an electric generator provides strong and or sporadic lights that could attract, lure or even divert fishes including those already gathered under and / or surrounding the / fishing BOATS OF SMALL – time and subsistence fishermen and about to be caught by the latter by fish nets or otherwise;
WHEREAS, these forms of fishing greatly depleted the supply of fishes in the coastal towns of Bohol and caused untold miseries to and unmitigated anger from small-time subsistence fishermen who are unduly deprived of their only means of livelihood, thus, violating the letter and intent of the Fisheries Decree of 1975, Presidential Decree No. 704 as amended;
WHEREAS, P.D. 704 provides the Municipal Government to control the municipal seawaters for the good of its constituents;
WHEREAS, there has been a continuing public clamor to protect the rights of these small-time and subsistence fishermen who comprise the great majority of those under privileged surviving and existing to survive by fishing within the municipal waters of Maribojoc, Bohol, thereby enhancing their lives and well-being as citizens of the Republic;
WHEREFORE, In view of the foregoing premises, be it ordained by the Sangguniang Bayan of Maribojoc, Bohol, that:
SECTION 1: The following terms are hereby defined:
a) Commercial fishing – fishing for commercial purposes with the use of fishing boats more than three (3) tons gross.
b) Electrical shiners – the use of an electric generator which provides strong and / or sporadic lights that could attract lure or divert fishes including those already gathered under / surrounding any lighted fishing boats.
c) Municipal Waters – include not only streams, lakes and tidal waters included within the municipality, not being subject to private ownership and not comprised within the national parks, public forests, timberlands, forest reserves or fishery reserves but also marine waters included between two lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea of low tide and a third line parallel with the general coastline and three nautical miles from such coastline and three nautical miles from such coastline, where two municipalities are so situated on the opposite shores that there is less than six nautical miles of marine waters between them, the third line equidistant from the opposite shores of the respective municipalities.
d) Fishermen – All members of the crew of a fishing boat used for commercial fishing, all persons directly participating in fishing with the use of a commercial fishing boat and the operators or persons manning the boat wherein electric shiner is used, including the registered or beneficial owners of such boats who may be natural or judicial persons.
SECTION 2: It shall be unlawful for any fishermen to operate or engage in commercial fishing or use electric shiners within the municipal waters regardless of depth within the territorial jurisdiction of Maribojoc, Bohol.
SECTION 3: Every fisherman found violating this ordinance shall be fined one thousand pesos (P1,000.00) or imprisoned for six months or both such fine and imprisonment at the discretion of the court and the fishing boat and accessories thereto shall be confiscated in favor of the government upon conviction of the offender;
SECTION 4: Any provision of previous ordinances which is inconsistent herewith is hereby repealed or modified accordingly;
SECTION 5: That this ordinance shall take effect upon approval of the Secretary of the Department of Agriculture.
For this purpose, the Municipal Secretary shall informed the Barangay Captains of the coastal barangays of Maribojoc, Bohol for information purposes
Approved: September 19, 1991
ENGR. GABINO C. REDULLA
Vice Mayor – OIC
ALBERTO E. ARANGOSO
Date signed: October 02, 1991