AN ORDINANCE REGULATING FISHING AND OR FISHERIES IN THE MUNICIPALITY OF MARIBOJOC, BOHOL AND FOR OTHER PURPOSES.

Be it ordained by the Municipal Sangguniang Bayan of Maribojoc, Bohol, that:

SECTION 1: This ordinance shall be known as the Basic Fishery Ordinance of this municipality and shall be enforced in conjunction with the laws, decrees, orders, rules and regulations on fishing and/or fisheries already promulgated or that may later be promulgated regarding the matter.

SECTION 2: MUNICIPAL WATERS – For the purposes of this Ordinance the words “municipal waters” include not only streams, lakes and tidal waters included within the municipality, not being the subject of private ownership and not comprised within national parks, public forests, timber lands, 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 at low tide and a thirds line parallel with the general 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 shall be a line equidistant from the opposite shores of the respective municipalities.

SECTION 3: LICENSE PERMIT, FISHERY GRANT – It shall be unlawful for any person, cooperative, partnership, association or corporation to take or catch fish of other aquatic products by means of nets, traps, or other fishing gears in the municipal waters of this municipality or by means of fishing boats or vessels three tons gross or less unless provided with the necessary license permit issued for the purpose by the Municipal Treasurer. It shall be likewise illegal for any person, cooperative, partnership, association or corporation to operate fish corrals or oyster culture beds, or take or catch “bangus” fry or fry of other species for propagation within the jurisdiction of this municipality without first securing a municipal grant therefore conferred as provided by law and this ordinance.

SECTION 4: PERSONS ELIGIBLE FOR FISHING AND / OR FISHERY PRIVILEGES – The following are, under this Ordinance, eligible for fishing and / or fishery privileges.

a) Citizens of the Philippines
b) Cooperatives, partnerships, associations, or corporations duly registered or incorporated under the laws of the Philippines and authorized to transact business in the Philippines, and at least sixty per centum (60%) of whose capital stock belong wholly to citizens of the Philippines.

It shall be unlawful for persons, cooperatives, partnerships, associations or corporations not qualified by the law and this Ordinance for the effect, to engage, personally or through other person in fishing or catching or collecting aquatic products in the municipal waters within the jurisdiction of this municipality.

SECTION 5: DIVISION AND CLASSIFICATION OF MUNICIPAL WATERS – The Municipal Sangguniang Bayan hereby granted the exclusive rights to erect fish corrals, operate fishponds or oyster beds, or take or catch bangus fry or kawagkawag or fry of other species for propagation by public auction. For which purpose the municipal waters is hereby divided into fishing zones with area and boundaries fixed and for which the minimum annual rental for such zone is fixed as follows:
Zone 1—————————— Punta Cruz
Zone 2—————————— Guiwanon, Lagtangon, Bood
Zone 3—————————— Dipatlong, Kasamodat, Katadman,
Latason, Nailok-Poblacion
Zone 4—————————— Anislag, San Vicente
Zone 5—————————— Lincod, Kanhawig, Tapunon, Tacot
Inot, Nawjong

SECTION 6: EXCLUSIVE FISHERY PRIVILEGES – Operating fish corrals, oyster beds or the catching of “bangus” fry of other species for propagation shall be considered as exclusive fishery privileges which shall be grnated always to the highest bidder in public bidding held according to the provisions of this Ordinance.

This Sangguniang Bayan may grant to the highest qualified bidder the exclusive
Privilege of constructing and operating fish corrals, oyster culture beds or of gathering “bangus” fry or fry of other species in municipal waters for a period not exceeding five (5) years: Provided, That these grants of exclusive fishery privileges shall be under such conditions as shall be prescribed by the Minister of Natural Resources.

SECTION 7: ISSUANCE OF INDIVIDUAL LICENSES IN CASE NO BIDDERS OPT TO LEASE FISHING ZONES – If, after two notices for the grant of exclusive fishery rights thru public suction, as provided for in the proceeding section, no interested bidders option to lease any fishing zone within the municipal waters, the Municipal Sangguniang Bayan shall grant the privilege of erecting fish corrals, operating fishponds or oyster culture beds, or catch bangus fry or kawagkawag within a definite area or portion of the municipal waters to individual upon payment of license fees therefore as the rates fixed thereunder:

1. Fish corrals erected in the area Annual Fee/Bono-an
Less than 3 meters deep…………………………………. P 35.00
3 meters deep or more but less than 5 m. deep………….. 70.00
5 meters deep or more but less than 8 m. deep………….. 300.00
8 meters deep or more but less than 10 m. deep………… 400.00
10 meters deep or more but less than 15 m. deep………. 550.00
15 meters deep or more………………………………….. 800.00

2. Operation of oyster culture beds / hectare………………… P 15.00

3. Catching bangus fry or kawag-kawag
Less than 1,000 sq. m……………………………………. P 500.00
1,000 sq. m. or more but less than 2,000 sq. m…………. 800.00
2,000 sq. m. more but less than 4,000 sq. m……………. 1,500.00

4. Fish corrals or fishponds in inland fresh waters
With an area of less than 500 sq. m…………………….. P 100.00
With an area of 500 sq. m. or more but less
Than 1,000 sq. m………………………………… 200.00

5. Operation of Fishpond per hectare / annum …………. P 15.00

SECTION 8: APPLICATION FOR EXCLUSIVE FISHING PRIVILEGES – Applications for any of the exclusive fishery privileges mentioned in the proceeding section shall be made on official form duly approved by the Sangguniang Bayan.

SECTION 9: TO WHOM TO SUBMIT APPLICATION – All application shall be forwarded to the Municipal Mayor. Upon receipt of the application, the Municipal Mayor shall satisfy himself that the license applied for will not prejudice public interest and that the portion or area for which an application for lease has been presented is not covered by any subsisting lease.

SECTION 10: COMMITTEE ON AUCTION – A committee on auction is hereby created to compose of the Municipal Treasurer, as Chairman, and two members of the Sangguniang Bayan, as members. (In composition of the committee on Auction, the office of the Municipal Treasurer should be presented by the Treasurer. Membership in said committee is entirely within the discretion of the Sangguniang Bayan.)

SECTION 11: PUBLICATION OF NOTICE – The committee on auction shall advertise notice for sealed bids for exclusive fishery privilege in areas or zones of the municipal waters available for erecting fish corrals, or constructing or operating oyster culture beds, or taking or catching “bangus” fry or fry of other species for propagation by posting said notice in an newspaper published in the locality, if any, for a period of not less than fifteen (15) days.

SECTION 12 : TIME AND PLACE OF AUCTION – The Sangguniang Bayan shall, in a resolution, provide for a notice calling for sealed bids for the exclusive fishery privilege granted under Section 29 (a) of Presidential Decree No. 704, specifying the time and place of the auction, the amount to be deposited before an individual or entity is entitled to participate, the procedure to be followed by the Committee on Auction before any exclusive privilege is granted and the bond as guarantee of good faith and for satisfactory compliance with the terms of the lease or grant. The bond shall be in cash, in real estate situated within the Philippines or by surety company authorized for that purpose in an amount not less than two years rental.

SECTION 13: MUNICIPAL CONCESSIONS AND LEASES CONCERNING FISHERIES – No lease or concession granted by the Sangguniang Bayan under authority of an ordinance approved pursuant to Section 4 of Presidential Decree No. 704 concerning fishing or fisheries in streams, lakes, rivers, inland and / or municipal waters shall be valid and enforceable unless the Minister of Natural Resources, upon recommendation of the Director of Fisheries and Aquatic Resources, approves the same.

SECTION 14: LICENSE PERMIT – The privilege of taking or catching fish in the municipal waters of this municipality with nets, traps or other fishing gears with or without using therefore fishing boats or vessels three tons gross or less shall be granted under ordinary license permit issued by the Municipal Treasurer to any person, cooperative, partnership, association or corporation qualified under Section 4 of this Ordinance upon payment of the corresponding license permit fee required therefore in the following:

GENERAL SCHEDULE OF LICENSE FEE

Fishermen Using the following Fishing Gears: Amount of Fee
Per Annum

01. Baling from 16 meters long………………………… P 45.00
02. Kayagkag from 1 to 50 meters long………………… 20.00
03. Kayagkag from 51 meters up……………………….. 25.00
04. Pukot such as pang haul-haul, pamangsi or panawasid 45.00
05. Sagiwsiw…………………………………………….. 20.00
06. Sagiwsiw using pumpboat…………………………… 60.00
07. Fishline without lamp……………………………….. 15.00
08. Basnig……………………………………………….. 130.00
09. Traveling basing…………………………………….. 300.00
10. Payao………………………………………………… 45.00
11. Chinsuro……………………………………………… 200.00
12. Likum likum…………………………………………. 250.00
13. Ligid each……………………………………………. 5.00
14. Sipao…………………………………………………. 7.50
15. Pangumbal…………………………………………… 30.00
16. Panggal………………………………………………. 12.50
17. Lawag………………………………………………… 350.00
18. One Lamp in one baroto……………………………… 15.00
19. Two lamps in one baroto……………………………… 20.00
20. Apong………………………………………………… 35.00
21. Palaran………………………………………………… 20.00
22. Balirong……………………………………………….. 35.00
23. Palagdas……………………………………………….. 20.00
24. Pokot Nylon…………………………………………… 35.00
25. Taliwatis………………………………………………. 20.00
26. Pakalas or Palangre……………………………………. 15.00
27. Sipao or palong palong………………………………… 17.50
28. New Look Fishing…………………………………….. 80.00
29. Pana with lamp………………………………………… 17.50
30. Pokot with stretched fish net…………………………… 17.50
31. Tapsay with rattlers……………………………………. 25.00
32. Jabjab………………………………………………….. 25.00

PROVIDED, That no other be collected from fishermen duly licensed by other municipality unless the license fees paid by them in the municipality are less than those prescribed, in which case the difference between the two annual fees may be collected:

PROVIDED, FURTHER, That fishing boats of more than three tons gross and fishermen licensed by the National Government shall not be subject to the requirements of this Ordinance, especially the payment of municipal license tax, fee or charge:

PROVIDED, FURTHERMORE, That the residents of this municipality who have not been granted license for commercial fishing shall be allowed to fish in municipal waters for their home consumption:

PROVIDED, FINALLY, That it shall be beyond the power of this Sangguniang Bayan to impose a license for the privilege of gathering marine mollusca or the shells thereof, for pearling boats and pearl divers, or for prospecting, collecting, or gathering sponges or other aquatic products, or for the culture of fishery / aquatic products:

PROVIDED, LASLTY, That they shall not fish within two hundred (200) meters from any fish corral operated under exclusive privilege granted by the municipality in accordance with this Ordinance.

Licensed permits under this Section shall be valid for the year in which they are issued.

SECTION 15: RESTRICTION ON BABY TRAWLS USING FISHING BOATS OF THREE (3) TONS GROSS OR LESS – Baby trawl using fishing boats of three (3) tons or less may operate in areas four (4) fathoms deep or more if authorized by existing municipal ordinances duly approved by the Minister of Natural Resources.

SECTION 16: REPORT OF FISH CAUGHT – Any individual or entity who has obtained a fishery grant or license to take or catch fish in the municipal waters of the municipality shall submit to the Municipal Treasurer of the municipality wherein he is fishing within the first ten days of each month a monthly report in triplicate copies showing the kind, quantity, and value, if sold, of fish caught during the month, PROVIDED, That this Sangguniang Bayan shall furnish the Bureau of Fisheries and Aquatic Resources, for statistical purposes on forms which shall be furnished by the Bureau, such information and data on fishery matters as are reflected such forma.

SECTION 17: RESTRICTION – Licenses and permits issued or contracts executed under this Ordinance shall contain provisions to the effect that:

a) No fish corral or “baklad” shall be constructed within two hundred (200) meters of another fish corral in marine fisheries or one hundred (100) meters in fresh water fisheries unless they belong to the same license/grantee, but in no case shall the distance be less than sixty (60) meters apart, except in waters less than two (2) meters deep at low tide, or unless previously approved by the Minister of Natural Resources.
b) Fish corrals shall entirely opened during closed season period or periods established by the Minister of Natural Resources for the free passage of fish to enable a considerable number to reach the spawning grounds.
c) Nothing in the license shall be constructed as permitting the lessee or licensee, grantee or permittee to undertake any construction which will obstruct the free navigation in any stream or lake flowing through or adjoining the fish corral, or impede the flow and ebb of the tide to and from the area wherein the lessee or license, grantee or permittee is granted a fishery privilege.
d) The licensee agrees unconditionally to comply with all the laws, decrees, orders, rules and regulations governing fishing now or which may later be promulgated.
e) The licensee assumes responsibility for any and all the acts of his agents and employees of the contractors connected with his fishing operation.
f) Failure to pay any or file bond when due as prescribed in the permit, License, contract, or regulation shall be sufficient reason for the cancellation of the license, permit or contract.

SECTION 18: PENALTY – Any individual or entity found violating any of the provisions of this Ordinance shall be punished for each offense by a fine of not less than twenty-five pesos but not exceeding two hundred pesos, or imprisonment of not less than ten days but not exceeding six months, or both such fine and imprisonment in the discretion of the Court.

SECTION 19: REPEAL – All ordinances and regulations or parts thereof in conflict with this Ordinance are hereby repealed.

SECTION 20: EFFECTIVITY – This Ordinance shall take effect upon its approval by the Minister of Natural Resources..

PABLO BALUMA
Member

ANTONIO GEPAYO
Member

MARTIN MONCANO
Member

RESTITUTO BACAREZA
Member

ABDON CORNITO SR.
Member

JACINTO ECHAVIA
Member

CONRADO REDULLA JR.
Member

ZACARIAS BARBANIDA
Member