Article IV
Management, Development and Conservation of Coastal and Fisheries Resources
Section 15. Designation of Closed Season in the Catching and Gatheringand ofprotection of endangered/ rare/ threatened species ? The Municipal Government shall designate closed seasons and make conservations and rehabilitation measures for in the catching and gathering of endangered/rare/threatened species ? during the period______________________, as it may determine, and shall ban the fishing and/taking of rare, threatened and/or endangered species, including their eggs/offspring as identified by existing laws in concurrence with concerned government agencies. .
Section 16. Limited Entry Into Over fished Areas Whenever in a particular area in the municipal waters is being over fished or in danger of being over fished, based available data or information, the Sangguniang Bayan, in consolation with the FARMC shall enact an Code prohibiting or limiting fisheries activities in the said waters.
Section 17. Management of Marine Sanctuary The Municipal Government, upon consultation and in coordination with the Barangay FARMC and concerned organizations shall identify and manage marine sanctuaries within the municipal waters, whose geographic coordinates or bearings shall be determined and plotted by the concerned municipal government department or other government agency, as follows: 1. Pungtod FishPungtod Fish Sanctuary 2. Oyungan,Marigyan, Maringyan and Lanutan Fish Sanctuary 3. Calampitao and Gines Fish Sanctuary 4. Damilisan Fish Sanctuary; and 5. Tabunacan Fish Sanctuary Provided, that fishing and other human activities are prohibited in the marine sanctuary. Provided, further, that scientific and educational activities shall be allowed inside the marine sanctuary for monitoring and other related purposes, only if written permission was obtauined from the municipal government: Provide, furthermore, that the municipal government, in consultation with the FARMC and other concerned organizations, shall formulate management plans in the operation of the marine sanctuaries.
Section 18. Mangrove Protection and Conservation The municipal government, in coordination with the Department of Environment and Natural Resource, the FARMCs and other concerned organization, shall initiate proper management of mangrove areas: Provided, Thatthat the municipal government, in coordination with the Department of Environment and Natural resources shall develop programs that promote and ensure community participation in the rehabilitation and management of existing mangrove areas.
Section 19. Regulation on Construction and Operation of Fish Corrals The municipal government, in consultation with the FARMC, shall regulate the construction and operation of fish corrals in the municipal waters: Provided, That no fish corral shall be established and operated outside of the designated areas for the establishment and operation of fish corral: Provided, however, That no fish no fish corral shall be constructed within two hundred (200) meters of another fish corral: Provided, further, That the tail of the fish corral shall not be more than 100 meters: Provided, furthermore, That the mesh size of the net of the fish corral shall not be less than 3 centimeters: Provided, finally, That ownership of fish corral is limited to only one per permittee.
Section 20. Protection of Marine Habitats, Regulation of fishing gears and activities The municipal government, in coordination with the FARMC and other concerned organizations, shall ensure the protection and conservation of other marine habitats in the municipal waters: Provided, tThat the municipal government, in consultation with the FARMC, shall regulate the use of fishing gears and other human activities that may adversely affect the marine habitat.
Section 21. Coastal and Aquatic Pollution All activities in the grounds or waters, directly or indirectly, which result or likely to result in such deleterious effect which harm living and non-living aquatic resources, hazards to human health, hindrance to coastal or fishery activities such as fishing and navigation, including dumping/disposal of waste and other marine litter shall be prohibited: Provided, That it shall be the responsibility of the polluter to contain, remove and clean-up pollutants at his/her own expense: Provided, however, That in case of failure to do so, the municipal government in coordination with other concerned agencies and institutions, shall undertake containment, removal and clean-up operations and the expenses incurred in said operation shall be charged against the person and/or entities responsible for such pollution.
Section 22. Maintenance of Water Quality and Cleanliness The municipal government shall monitor the quality of the water at the optimal level relative to natural productivity and the cleanliness of the areas devoted for aquaculture development. The operators and owners of aquaculture facilities shall develop a mechanism of proper waste disposal. Violation of this section may be a ground for the cancellation of the permit to operate aquaculture activities.
Section 23. Use of Payao The municipal government shall regulate the use of existing payao and other fish aggregating devices in the municipal waters: Provided, That no more payao or any other fish aggregating devices shall be deployed in the municipal waters: Provided, however, That only registered municipal fishers shall utilize the existing payao in the municipal waters.
Section 24. Navigational Route The municipal government, in consultation with the FARMC, shall designate the navigation routes of ferries and other fishing crafts and shall disallow any activity that shall obstruct the designated navigational route: Provided, That nothing in the foregoing section shall be constructed as permitting the lessee, licensee or permittee to undertake any construction which may obstruct free navigation and impede water circulation such as the flow of tide to and from the area.