SANGGUNIANG PANLUNGSOD PROPOSED ORDINANCE

NO. 2016-______

____________________________________________________________
HON. RAMON R. MELLIZA and HON. BRIX T. TAN – AUTHORS
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WHEREAS, the Philippines is an archipelagic country with about 36,289
kilometers of coastline - the longest coastline of any nation in the world and
surrounded by enormous bodies of water with around 171 million hectares of
territorial sea endowed with bountiful fishery resources;
WHEREAS, General Santos City is the “Tuna Capital of the Philippines” being a
consistent leader in fish landing volume more specifically of tuna and tuna-like
species and being the home to six (6) of the country’s eight (8) tuna canning
plants;
WHEREAS, tuna and tuna-like species including other fish products are the top
export of General Santos City that significantly contributes to the city’s economy;
WHEREAS, a significant number of Filipinos and citizens of General Santos City
are engaged in fishing as their primary source of livelihood and likewise providing
for extensive direct and indirect employment of “Generals” in secondary activities
which substantial number of citizen rely their livelihood upon;
WHEREAS, the Local Government Units (LGUs) are mandated by law to support
the national programs of the government and establish a direct linkage with the
national government agency concerned, on the management and development
of the fishery resources of the city, which can only be attained by creating a local
central agency whose primary function is to concentrate and service the needs of
the local fishery sector;
WHEREAS, the rules and regulation under the Fisheries Administrative order No.
196, series of 2000 were promulgated in line with the fisherfolk empowerment
program of the government and to achieve sustainable development of fisheries
and aquatic resources, attain food security and eradicate poverty among the
coastal and inland fishing communities, and pursuant to the provisions of Section
68-79 and other related provisions of Republic Act No. 8550 otherwise known as
the Philippine Fisheries Code of 1998;
WHEREAS, Section 13 of Fisheries Administrative Order No. 196, series of
2000, states that “The advisory body shall be selected from the academe and
research institutions, national government agencies, local government units, nongovernment organizations (NGOs) and People’s Organizations (POs) based on
their involvement, expertise in fisheries and track record in helping the
fisherfolks.”;

NOW THEREFORE. Short Title. territorial sea. considering the huge impact of the fishing sector. hereinafter referred to as CFARAB. WHEREAS. Towards this end. It is the policy of the City to adopt the precautionary principle and to prioritize conservation of the country’s marine and aquatic resources. consistent with the primordial objective of maintaining a sound ecological balance. _______________________. . It is the policy of the City to protect and conserve the nation's marine wealth in its archipelagic waters. and conservation of the fishery and aquatic resources. the small-scale fishermen shall be given its preferential use while protecting their rights. SECTION 3. and __________________. management.It is hereby declared the policy of the City to promote the sustainable development and management of all fisheries and marine resources in Philippine waters including the Exclusive Economic Zone (EEZ) and in the adjacent high seas.WHEREAS. Declaration of Policies. and aquatic resources. . Tan. and to provide support to the fishery sector. In the preferential use of communal marine. _______ SERIES of 2016 AN ORDINANCE CREATING AND ESTABLISHING THE CITY FISHERIES AND AQUATIC RESOURCES ADVISORY BOARD AND FOR OTHER PURPOSES SECTION 1. a compelling need to create an advisory body to ensure a more effective and efficient delivery of basic services to the fisherfolks is patently apparent. as it is hereby resolved to enact this Ordinance: ORDINANCE NO. and protecting and enhancing the quality of the environment.As used in this Ordinance. the fisheries advisory body would help give priority in mitigating and providing solutions to the problems of the fishing sector and fisherfolks. on motion of City Councilors Ramon C. .The City Fisheries and Aquatic Resources Advisory Board.This Ordinance shall be known as the "City Fisheries and Aquatic Resources Advisory Board (CFARAB) Ordinance" SECTION 2. to protect the rights of fisherfolks. the establishment of a fisheries advisory body will be a significant breakthrough in project conceptualization and proposals regarding fishing-related activities to ensure rational and sustainable development. Definition of Terms. WHEREAS. is hereby created structurally and functionally in accordance with the provisions of this Ordinance. Creation. such fishermen shall be given the appropriate technical and financial support. . fisheries. SECTION 4. duly seconded by ______________________. Melliza and Brix T. the following terms and . be it – RESOLVED. and exclusive economic zone and reserve its use and enjoyment to Filipino citizens.

FISHERY/AQUATIC PRODUCTS – include finfish. fish port. seaweeds. Composition. or by the Protected Areas and Wildlife Bureau (PAWB) of the Department of Environment and Natural Resources (DENR) and in the Convention on the International Trade of Endangered Species of Flora and Fauna (CITES). developing. number of fishing gears and number of fisherfolk. m) CONTROL – the regulatory condition (legal framework) under which the exploitation. e) FISHWORKER – is a person employed in commercial fishing.Refers to the City Government of General Santos. cooperatives or corporations. i) FISHING – the taking of fishery species from their wild state or habitat. l) MONITORING – the requirement of continuously observing fishing efforts which can be expressed by the number of days or hours of fishing. with or without the use of fishing vessels. and vending of fishery and/or aquatic resources of Sarangani Bay Protected Seascape and municipal waters. brackish and marine water areas. processing. g) FISHERIES – refer to all activities relating to the act or business of fishing. algae. CITY . k) LOCAL GOVERNMENT UNIT – refers to the City Government of General Santos unless it is used to mean other specific local government unit. marketing. . associations. crustaceans. preserving. culturing. mollusks. fish processing plants and other ancillary or related industries. rules and regulations. SECTION 5. conserving and managing aquatic resources and the fishery areas. fish processing plants. p) POST-HARVEST FACILITIES – these facilities include. characteristics of fishery resources and resource yields (catch). aquaculture. ice plants and cold storage. fish landing. f) FISHERFOLK – men or women indirectly and directly engaged in taking and/or culturing. b) CHARGES – refer to financial liability. processing. as rents or fees against persons or property. echinoderms. – The CFARAB shall have the following composition: 1) Chairperson – City Mayor. marine mammals and all other flora and fauna. utilization and disposition of the resources may be conducted. including the privilege to fish or take aquatic resource thereof. and n) SURVEILLANCE – the degree and types of observations required to maintain compliance with regulations. c) d) h) o) ENDANGERED.phrases shall mean as follows: a) AQUACULTURE – fishery operations involving all forms of raising and culturing fish and other aquatic species in fresh. but are not limited to. PERSON – natural or juridical entity such as individuals. partnership. j) INLAND FISHERY – includes culture and capture of fish in fresh and brackish waters. RARE OR THREATENED SPECIES – aquatic plants and animals including some varieties of coral and seashells in danger of extinction as provided for in existing fishery laws.

2) Co-Chairperson – President. 13) President. Inc. Department of Interior and Local Government . plans and laws for all appropriate maritime components and agencies. 24) Television News Company 25) Newspaper Media Company 26) Chairperson. g) Assist in the preparation and implementation of a comprehensive City Fisheries Management Plan based on the precautionary principle and the principle of sustainable development. Sangguniang Panlungsod Committee on Fisheries. 21) President.GSC.College of Fisheries. 8) City Director. 28) Department Head. 30) Department Head. Maritime Industry Authority 12. Philippine Fisheries Development Authority . Minanga Women’s Alamang and Fish Processing Association. 15) President. City Environment and Natural Resources Office. Bureau of Fisheries and Aquatic Resources 12. Philippine Coast Guard. SECTION 6. utilization. c) Facilitate the implementation of national government agency projects. . and conservation of the fisheries and aquatic resources within the jurisdiction of the city. Inc. Powers and Functions. Bula Seaweeds Farmers Association. Members: 3) Regional Director. f) Assist in the enforcement of fisheries and ocean habitat regulations. 7) Port Manager. 17) President. PNP-Maritime. Philippine Ports Authority . 9) City Director. Gensan Inland Fisheries Stakeholders Association. 10) City Director. City Agriculturist Office. Bula Fisheries High School. 16) President. 5) Regional Director. Specific: a) Formulate plans and policies for the management. Department of Environment and Natural Resources 12. b) Strengthen/ revitalize fisherfolk organizations.GSC. (SFFAII). d) Provide data in aid of legislation.GSC. and clarify and amplify the aforementioned division mandate in accordance with the published fisheries and oceans management plans within its territorial jurisdiction. 14) President. Marine Life. development. 6) Port Manager. City Disaster Risk Reduction and Mitigation Office. Alliance of Tuna Handliners. e) Facilitate the implementation of fisheries and oceans habitat policies. 20) President. Gensan Dried Fish Bulad Vendors Association. 29) Department Head. SOCSKSARGEN Federation of Fishing and Allied Industries. 4) Regional Director. Lawis Small Fisherman Association. Department of Labor and Employment . 22) Dean. 23) Principal. 27) Department Head. General: To formulate policies that will improve and develop the fisheries sector and aquatic resources of General Santos City B. San Roque Silway Fisher Folks Association. City Social Welfare and Development Office. Gensan Fish Vendors Association. 19) President. – The following shall be the powers and functions of the CFARAB: A.GSC. using scientifically-generated information or best available evidence on the status of the fisheries and marine resources. and Aquatic Resources. 12) Commander. SARGEN Shrimp Stakeholders Association. National Irrigation Administration . 11) Commander. Mindanao State University .GSC. 18) President.

. o) Assist in the establishment and implementation of a Fisheries Marketing Assistance Program (FishMAP). fish processors. rules and regulations governing the conservation and proper utilization of fisheries and aquatic resources of the city. procedures and guidelines concerning the classification.h) Assist in formulation and implementation of. protection and rehabilitation of rare. establishment. SECTION 9. – The following shall be the duties and responsibilities of the secretariat of the CFARAB: a) b) c) d) e) f) Provide minutes of the meeting to all members of the CFARAB. Duties and Responsibilities of the Secretariat. by an Internal Resolution. in cooperation with concerned agencies. the members of the CFARAB shall elect from among its NGO and PO members a Secretariat to assist and facilitate its order of meetings and all other official responsibilities and transactions thereof. threatened and endangered marine species as it may determine. including their habitats. j) Prescribe and recommend rules and regulations including visitorial powers. and fish markets and the operation of business therein. SECTION 7. Coordinate plans and activities of the CFARAB. – Through a majority vote. Serve as the center of communication and documentation. m) Promote international and regional economic and technical cooperation in the fisheries and oceans sectors and in integrated oceans management. n) Facilitate provision of infrastructure support such as municipal fishing ports and markets. a fishery industry development program and set policies and standards for the efficient and economic operations of the fishing industry in accordance with the objectives of food security and rational and sustainable development. and other qualified borrowers. landing sites. The meetings shall be held at least once every three (3) months. quality laboratories in fish ports. construction. special meetings may be called by the Chair or by a majority vote of the members of the CFARAB. records. Secretariat of the CFARAB. marketing facilities. and documents of the CFARAB. SECTION 8. the CFARAB shall meet to fix. – Within thirty (30) days after this Ordinance shall have taken effect. fish farmers. the day. farm-to-market roads. time. maintenance and operation of all fishing ports. local fisheries ship building and repair facilities. and q) Perform all other functions consistent with this Ordinance and as may be provided by law. i) Recommend to the Sangguniang Panlungsod the enactment of ordinances. k) Actively engage in the conservation. fishworkers. Meetings of the CFARAB. When public interest so demands. commercial fishers. and postharvest facilities. Keep all directories. p) Facilitate the establishment of a fisheries modernization credit program to finance fishery projects of fisherfolk. Perform administrative and other functions as directed by the CFARAB. and venue of regular meetings. Facilitate the conduct of the meetings of the CFARAB. aimed at ensuring the generation of the highest possible income for fisherfolk and fishery-related enterprises. l) Assist in the designation of marine areas as protected areas for the special purposes stated in the notice of declaration. consistent with the national development framework. matching supply and demand in both domestic and foreign markets.

SECTION 11.000. Effectivity Clause. SECTION. or the rules and regulations promulgated pursuant there to are hereby repealed or amended accordingly.Repealing Clause.The Office of the City Agriculturist shall be responsible for the preparation of the annual budget for the operations of the CFARAB for the purpose of inclusion in the annual appropriations act of the City. SECTION 12. e) Quorum. if any there be. .This Ordinance shall take effect fifteen (15) days after publication in one (1) local newspaper of general circulation within the city.000. – The NGO and PO members of the CFARAB shall receive an honorarium in the amount of One Thousand Pesos (Php 1. Internal Rules of Procedure. . Honoraria. Separability Clause.00) and for the secretariat NGO/PO the amount of Three Thousand Pesos (Php 3. and f) Such other rules as the CFARAB may adopt. – On its first regular meeting and within sixty (60) days thereafter.If any provision of this Ordinance is declared unconstitutional inoperative. SECTION 13. SECTION 14.00) in every actual attendance of its meetings. Appropriations. 15. Villagonzalo Local Legislative Staff Assistant III Checked by: Rosalinda L. Prepared by: Ronan Y. Mondido Local Legislative Staff Officer V Approved by: Hon. rules and regulations or parts thereof inconsistent with this Ordinance. . Tan City Councilor .All ordinances. . Brix T. the other provisions not so declared shall remain in force and effect. c) The plan-making. d) The voting procedures including the conduct of members during meetings. b) The agenda for each meeting. the CFARAB shall adopt its own rules of procedure. monitoring.SECTION 10. for the efficient and effective fulfillment of the CFARAB’s functions. Such rules of procedure shall provide for the following: a) The organization of the CFARAB including the specific distribution of tasks to each member thereof. and evaluation process.