Article IX
Prohibited Activities and Penalties
Section 59. Compliance with national Laws All relevant laws, orders, rules and regulations shall be implemented in this municipality
Section 60. Unauthorized fishing or engaging in unauthorized fishing activities. No person shall exploit, occupy, produce, breed, culture, capture or gather fish, fry or fingerlings of any fishery species or fishery products or engage in any fishery activities in the municipal waters without a permit, lease or license. Discovery of any person in an area where he has no permit or registration papers for a fishing vessel shall constitute a prima facie presumption that and/or the vessel is engaged in unauthorized fishing. It shall be unlawful for any person not listed in the registry of municipal fisherfolk to engage in any fishing activities in the municipal waters. It shall be unlawful for any fisherfolks from other municipalities not listed in the registry of fisherfolk to engage in any fishing activity in the municipal waters. Any fisherfolk who commits such violation of the provision on Section 25 shall be punishable by confiscation of catch and fishing paraphernalia and a fine of not less than Five Hundred Pesos (P500.00) but not more than Two Thousand Five Hundred Pesos (P2, 500.00) or imprisonment of not more than six (6) months or both at the discretion of the proper court.
Section 61. Unauthorized fishing or engaging in unauthorized fishing activities of commercial fishing vessels above three (3) gross tonnage. It shall be unlawful for any commercial fishing vessel to fish within the first ten (10) kilometers distance from the shoreline. It shall likewise be unlawful for small scale and medium scale commercial fishing vessel to fish from 10.1 kilometers to 15 kilometers, regulated area of the municipal waters without a license or permit from the Municipal Mayor. Any commercial fishing vessel who commits such violation of the provision on the said section shall subject each and every offender, proprietor, captain (patron) engineer and each and every crew to the following: a. a fine of not less than two thousand pesos (P2,000.00) and not more than two thousand five hundred pesos (P2,500.000) or imprisonment of not more than six (6) months or both at the discretion of the proper court; and b. confiscation of fish caught in favor of the Municipal Government, which shall dispose in the manner provided by law, and revocation of license.
Section 62. Illegal use of super lights. It shall be unlawful to engage in fishing with the use of super lights in the municipal waters. Violation of this provision shall be punishable by a fine of not less than one thousand pesos (P1, 000.00) and not more than two thousand five hundred pesos (P2,500.00) per unit of super light used or imprisonment of not more than six (6) months or both at the discretion of the proper court, and confiscation of the super light and fish caught in favor on the Municipal Government.
Section 63. Fishing in fishery reserves, refuge and sanctuaries. It shall be unlawful to fish in fishery reserve, refuge and sanctuaries declared by the Municipal Government and duly confirmed by the Department of Agriculture/BFAR. Violation of this provision shall be punishable by a fine of not less than one thousand pesos (P1, 000.00) and not more than two thousand five hundred pesos (P2,500.00) per unit of super light used or imprisonment of not more than six (6) months or both at the discretion of the proper court, and confiscation of fish caught in favor on the Municipal Government.
Section 64. Use of fine mesh net. It shall be unlawful for any person, association, corporation, and partnership or cooperative to fish in the municipal waters with the use of fine mesh nets synthetic or other materials used in the fishing with a mesh size less the three (3) centimeters between two (2) opposite knots of full mesh when stretched: Provided, however, that this prohibition shall not apply to catching of the following species: a. Padas (family Siganids), bangus fry (Chanos chanos), sugpo fry (family Penaedae), bank fry (family mugillidae), glass eels and elvers (family Anguilidae) and hipon (family Gobilidae) b. marine Aquarium/or ornamental fishers; and c. Other species which by their very nature are small but ready mature such as but not limited to alamang (Acetes), tabios/sinarapan (Mistichthys luzonensis) dilis (family engraulidae) dulong (family engraulidae and gobilidae) hipon tagunton (family caridae) and snails (Ampularia luzonica and vivipora spp). Provided further, that it shall be illegal for any person to catch with the use of sahid, sinsoro, lilang and vintahan equipped with a fine mesh nets from the month of April to September of each year.
Section 65. Dumping of fries of other species other than bangus fry. It shall be unlawful for any individual or fry gatherer to dump or throw in the sand the fries of other species after sorting out bangus or prawn fries instead of returning these fries to the water for them to survive. Violation of the provision of this section shall be punishable by a fine of Five Hundred Pesos (P500.00) for the first offense and forfeiture of fry gathering equipment and revocation of the permit or license for the second offense.
Section 66. Unauthorized fry bangus/prawn, other species of fish buying It shall be unlawful for any person to engage in fry buying without a permit/license from the Municipal Government. Violation of the provision of this section shall be punishable by a fine of five hundred pesos (P500.00) to two thousand five hundred pesos (P2, 500.00) and/or imprisonment from one (1) month and one (1) day to six (6) months, or both, upon the discretion of the proper court.
Section 67. Its shall be unlawful for any person to operate a fishing vessel weighing less than three (3) gross tons such as baby trawl, baby kub-kuban, pamasalium-likum, sinsuro, hulbot-hulbot and other similar fishing contrivances within five (5) kilometers from the shoreline at the municipal waters. Violation of the provision of this section shall subject each and every offender, proprietor, captain, engineer and each and every crew to the following: a. a fine of not less than two thousand pesos (P2,000,00) and not more than two thousand five hundred pesos (P2,500.00) or imprisonment of not more than six (6) months, or both, at the discretion of the proper court; b. confiscation of fish caught in favor of the Municipal Government, which shall dispose of in the manner provide by law, and revocation of license; and c. impoundment of fishing vessel, fishing gears and other paraphernalia
Section 68. Other Prohibitions It shall be unlawful for any person, entities, organizations or corporations to engage in the following activities: 1. Use of Compressor in fishing 2. Use of Cyanide, and obnoxious substances, in fishing and selling fish 3 Use of Sonar in Fishing within municipal waters 5. Muro-ami 6. Electrofishing 7. Use of dynamite and explosives in fishing Provided, That violators shall be punished with a fine of Two Thousand Five Hundred Pesos (P 2,500.00) or an imprisonment of six (6) months, confiscation of paraphernalia, or both at the discretion of the court.