AN ORDINANCE AMENDING ORDINANCE NO.72, SERIES OF 1983 REVISING THE BASIC FISHERY ORDINANCE IN THE MUNICIPALITY OF MARIBOJOC, BOHOL.
Sponsored by: Hon. Noel D. Veloso
Co-Sponsored by: Hon. Ma. Nenita R. Chiu
WHEREAS, consistent with the basic policy of local autonomy, LGU’s shall have exclusive authority to grant fishery privileges in the Municipal Waters and impose rentals, fees, or charges in accordance with the Article 235, of the Local Government Code;
NOW, THEREFORE, be it ordained by the Sangguniang Bayan of the Municipality of Maribojoc, Bohol, that;
Sec.1- Definition of Terms:
a.) Municipal Waters- include not only streams, lakes and ideal water within the Municipality, not being subject of private ownership and not comprised within the National Parks, public forest, timberlands, forest reserves, or fishery reserves, but also marine waters included 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 third line parallel with the general coastline and fifteen (15) kilometer from it. Where two (2) Municipalities are so situated on the opposite shores that there is less than fifteen (15) kilometers of the Marine Waters between them the third line shall be equally distant from opposite shores of the respective municipalities.
b.) Vessel- include every type of boat, craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
c.) Marginal Fishermen- refer to 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, and whose annual net income from such fishing does not exceed Fifty Thousand Pesos (P50,000.00) or the poverty line established by NEDA for the particular region or locality, whichever is higher.
Sec.2- License Permit, Fishery grant- It shall be unlawful for any person cooperative, partnership, association or corporation to take or catch fish or other aquatic resources or product 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, take or catch “ Bangus “ fry or fry of other species for propagation within the jurisdiction of this municipality without first accruing a municipal grant therefore conferred as provided by law and this ordinance.
a.) Fish Corrals erected in sea: Annual Fee
Less than three (3) meters deep P 30.00
3 meters deep or mare but less than 5 meters P 60.00
Sec.3- Persons Eligible for Fishing and/or Fishery Privileges:
The following are, under this Ordinance, eligible for fishing and/or fishery privileges:
a.) Citizen of the Philippines
b.) Cooperatives, partnership, 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, partnership association or corporations not qualified by law at this ordinance for the effect to engage, personally or through other persons in fishing or catching or collecting aquatic products in the Municipal Water within the jurisdiction of this municipality.
Sec.4- Exclusive Fishery Privileges- Operating fish corrals oyster culture beds or catching of bangus fry or fry of other species for propagation shall be considered as exclusive fishery privileges which shall be granted always to the highest bidder in public bidding held according to the provision 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 or other species in the Municipal Waters for a period not exceeding five (5) years. Provided, that this grants of exclusive fishery privileges shall be under such conditions as shall be prescribed by the Department of Agriculture.
Sec.5- Division and Classification of Municipal Waters- The Municipal Sangguniang Bayan is hereby granted the exclusive rights to erect fish corrals, operate fishponds or oyster beds, or to take or catch “bangus” fry 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 zones is fixed as follows:
Zone 1 Punta Cruz
Zone 2 Guiwanon, Lagtangon and Bood
Zone 3 Dipatlong, Kansamodat, Katadman, Lat-ason
Zone 4 Anislag, San Vicente
Zone 5 Lincod, Kanhawig, Tapunon, Takot-inot, Naw-jong
Sec.6-Issuance of Individual Licenses in case no Bidders opt to Lease Fishing Zone- If, after two notices for the grant of exclusive fishery rights thus public auction, as provided for in the preceeding sections, no interested bidders of option to lease any fishing zone within the municipal waters, the Municipal Sangguniang shall grant the privilege of erecting fish corrals, operating fishponds or oyster culture beds or catch bangus fry of other species within a definite area or portion of the municipal waters to individual upon payment of license fees therefore as the rate fixed thereunder:
5 meters deep or more but less than 8 meters 200.00
8 meters -do- 10 meters 360.00
10 meters -do- 15 meters ` 500.00
15 meters or more 800.00
b.) Corrals or Fish pens in inland fresh waters:
With an area of:
Less than 500 sq.m P 100.00
500 sq.m or more but less than 1,000 sq.m 200.00
1,000 sq.m -do- 5,000 sq.m 360.00
5,000 sq.m -do- 10,000 sq.m 500.00
c.) Catching of Bangus Fry or Fry of other species:
Less than 1,000 sq.m 500.00
1,000 sq.m or more but less than 2,000 sq.m 800.00
2,000 sq.m -do- 4,000 sq.m 1,500.00
d.) Operation of fishponds or oyster culture beds/hectare 10.00
Sec.7- Application for exclusive fishing privileges- Applications of any of the exclusive fishery privileges mentioned in the preceeding section shall be made an official form duly approved by the Sangguniang Bayan of this Municipality.
Sec.8- To whom to submit the application.- All applications 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 existing leases.
Sec.9- The Committee on Auction.- A committee on auction is hereby created to compose the Municipal Treasurer, as Chairman, and the members of the Sangguniang Bayan as members.
Sec.10- Publication of Notice.- The Committee on Auction shall advertise notice for sealed bids for exclusive fishery privileges in areas or zones of the municipal water available for erecting fish corrals, or constructing or opening oyster bids, or taking or catching of “bangus” fry or fry of other species for propagation by posting said notice in a newspaper published in the municipality, if any, for a period of not less than fifteen days (15) .Or it shall be posted in any conspicuous places in the Municipality of Maribojoc for the same period of time. Provided lastly, that they shall not fish within two hundred (200) meters from any fish corrals, fish pen operated under exclusive privilege or licensed by the Municipality in accordance with this ordinance.
License permits issued under this section shall be valid for the year in which they are issued.
Sec.11- Restrictions- License and Permit issued or contracts executed under this ordinance shall contain provisions to be effect that;
a.) No fish corrals or “baklad” shall be constructed within two hundred (200) meters of another fish corrals in marine fisheries or one hundred (100) meters in fresh waters fisheries unless they belong to the same licenses/grantee, but in no case shall the distance be less than sixty meters(60) apart, except in water less than two (2) meters deep at low tide, or unless previously approved by the Department of Agriculture.
b.) Fish corrals shall entirely be opened during closed season period or periods established by the Department of Agriculture for free passage of fish to enable a considerable number to reach in the sprawning grounds.
c.) Nothing in the license shall be constued as permitting the lessee/or license, grantee or permittee to undertaken any construction which will obstruct the free navigation in any streams or lake flowing through or adjoining a 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 license agrees unconditionally to comply with all the laws decrees, orders, rules and regulation governing fishing now or which may later be promulgated.
e.) The license assumes responsilbility for any and shall the acts of this agent and employees of the contructors connected with his fishing operation.
f.) Failure to pay any or file a bond when due as prescribed in the permit license, contract, or regulations shall be sufficient reason for the cancellation of the license permit, or contracts.
Sec.12- Penalty.- Any individual or entity found violating any provisions of this ordinance shall be fined for each offense of not less than P1,000.00 ( One Thousand Pesos) but not exceeding One Thousand Five Hundred (1,500.00), or an imprisonment of not less than One (1) month but not exceeding six (6) months, or both such fined and imprisonment at the discretion of the court.
Sec.13- Repealing Clause.- All ordinances or regulations or parts thereof in conflict to the provisions of this ordinance are hereby repealed.
Sec.14- Effectivity.- This ordinance shall take effect upon approval.
Approval: April 12, 1993
LET copies be furnished the Hon. Secretary, Department of Agriculture thru the Bureau of Fisheries, Manila for kind approval of this ordinance.
PHILIP R. MEDEQUISO
ALBERTO E. ARANGOSO
ATTY. JOSE E. VELOSO
Date signed: April 23,93