AN ORDINANCE REGULATING THE USE OF ELECTRIC SHINNERS AS A MEANS OF CATCHING FISH AND OTHER SIMILAR FISHING GEARS WITH THE USE OF ELECTRICITY WITHIN THE MUNICIPAL WATERS OF MARIBOJOC AND PROVIDING PENALTY FOR VIOLATION THEREOF.
Authored by: Hon. Pablo A. Baluma
WHEREAS, some fishermen of Bohol and other neighboring provinces are using high tech method of fishing called “electric shiners” wherein an electric generator is used to provide brilliant light that will attract fishes from a distance;
WHEREAS, this type of fishing has greatly affected the marginal fishermen of the locality to the disadvantage of catching only few fishes because the use of electric shiners beam a wider area compared to the use of kerosene lamp;
WHEREAS, the use of electric shiners is excluded in the list of prohibited methods of fishing as defined in Section 3 (d) of Presidential Decree No. 704;
WHEREAS, the Local Government Code of 1991 empowers local government units to regulates the use of property in favor of promoting public welfare;
WHEREFORE, in view of the foregoing premises, be it ordained by the Sangguniang Bayan of Maribojoc, that;
Sec.1- Definition of Terms
1. electric shiners- the use of an electric generator which provides strong and or a sporadic light that could attract, lure or divert fishes including those already gathered under / surrounding any lighted fishing boats.
2. municipal waters- included not only steamers, lakes and tidal waters included within the municipality not being subject of private ownership and not comprised within national parks, public forests, timber lands, forest reserves, or fishery reserves but also marine water include between two lines drawn perpendicularly to the general coastline from points where the boundary line of the Municipality touch the sea at low tide and a third line parallel with the general coastline and fifteen (15) kilometers from it.
Sec.2- Prohibited Fishing
Fishing with the use of electric generator called “electric shiners” and other similar methods with the use of electricity to catch the fishes is hereby prohibited within fifteen (15) kilometers from the coastal or shoreline point of the main land of the municipality.
Sec.3- Fifteen (15) kilometers off limits
For purposes of determining the fifteen kilometers off limits area, a straight line shall be drawn perpendicularly to the nearest point of the tip of every shoreline of the municipality of Maribojoc, and there from another straight line from the point along the shoreline of the Municipality but in no case shall the nearest point be less than fifteen kilometers.
Any violated from this ordinance shall be fined of One Thousand Pesos (P1,000.00) or an imprisonment of not more than six months or both at the discretion of the court.
The instruments used under the said category shall be impounded likewise.
Sec.5- Repealing Clause
Any provisions of previous ordinance inconsistent herewith is deemed repealed or modified accordingly.
This ordinance shall take upon approval.
Approved: March 22, 1993
Let copies of this ordinance be furnished, to the Sangguniang Panlalawigan; Secretary of the Department of Environment and Natural Resources; Bureau of Fisheries; Department of Agriculture for their appropriate action and approval.
PHILIP R. MEDEQUISO
ALBERTO E. ARANGOSO
ATTY. JOSE E. VELOSO
Date signed: April 2, 1993