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Fisheries and Coastal Resource Management Code PDF
Fisheries and Coastal Resource Management Code PDF
Fisheries and Coastal Resource Management Code PDF
Province of Bohol
Municipality of Jagna
ARTICLE 1
ARTICLE II
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
5. Close Season – the period during which the taking or catching of specific
fishery species by a specified fishing gears is prohibited in a specified area
within the Municipal Waters.
6. Coastal Area/zone- is a band o dry land adjacent ocean space (Water &
submerged land) in which terrestrial processes and uses directly affect
oceanic processes and uses and vice versa; its geographic extent may
include areas within a landmark limit of one (1) kilometer from the shoreline
at high tide to include mangrove swamps, estuarine rivers, sandy beaches, to
include coral reefs, seagrass beds and other soft-bottom areas.
7. Commercial Fishing – the kind of fishery species by passive or active gear
for trade or profit beyond subsistence or sport fishing to be further classified
as:
a) Small Scale Commercial Fishing – utilizing fishing vessels of 3.1
gross tons up to 20 gross tons.
b) Medium Scale Commercial Fishing – fishing utilizing active gears
and vessels of 20.1 GT to 150 GT.
c) Large Scale Commercial Fishing – using active gears and vessels of
more than 150 GT.
8. Coral – the hard calcareous substance made up of the skeleton of marine
coelenterate animals living in colonies where their skeletons from a stony
mass;
9. Coral Reef – a natural aggregation of coral skeleton with or without living
coral polyps, occurring in intertidal and sub tidal marine waters;
10. Demarcated Areas – Boundaries defined by markers and assigned
exclusively to specific individuals or organizations for certain specified and
limited uses, such as:
a) Aquaculture; sea ranching and sea farming;
b) Fish aggregating devices;
c) Fixed and passive fishing gears;
d) Fry and fingerlings gathering
11. Electro fishing – Fishing with the use of electricity generated by batteries,
electric generators, to kill, stupefy, disable or render unconscious fishery
species, whether or not the same are subsequently recovered.
12. Endangered, rare and/or Threatened Species - aquatic plants, animals
including some varieties of corals and sea shells in danger of extinction as
provided for in existing fishery laws, rules and regulations or in protected
areas of DENR and in the convention on the International Trade of
Endangered Species of Flora and Fauna (CITES)
13. FARMC – The Fisheries and Aquatic Resources Management Council, M-
FARMC shall mean Municipal Fisheries and Aquatic Resources Management
Council
14. Environmental Compliance Certificate (ECC)- Authorization issued by the
DENR or the Governor as the case may be pursuant to law, to a project
proponent which have been evaluated that the project will not bring about an
unacceptable environmental impact to the surrounding habitat and
community
15. Fine Fish Nets - Nets with mesh size of less than three centimeters (3cm.)
measured between two (2) opposite knots of a full mesh stretched.
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
16. Fish and Fishery/Aquatic/marine products - include not only finfish but
also mollusks, crustaceans, echinoderms, marine mammals and all other
species of aquatic flora and fauna and all their products of aquatic living
resources of any form
17. Fish Cage – refers to an enclosure which is either stationary or floating
made up of nets, or screens sewn or fastened together and installed in the
water with opening at the side of surface or covered and held in
wooden/bamboo post or various types of anchors and floats
18. Fish Coral – a stationary trap device to intercept and capture fish consisting
or rows of bamboo stakes, plastic nest and other fencing materials with one
or more enclosures usually with easy entrance and difficult exit.
19. Fish Fingerlings- a stage in the life cycle of fish measuring to about 6-13
cm. depending on the specie.
20. Fish Fry – a stage at which a fish has just been hatched, usually with sizes
from 1 cm. To 2.5 cm.
21. Fisherfolks – people directly or personally and physically engaged in taking
and/or culturing and processing fishery and /or aquatic resources.
22. Fisherfolk Cooperative – a duly registered association of fisherfolk with a
common bond of interest, who have voluntarily joined together to achieve a
lawful common social or economic end, making equitable contribution to the
capital requirement and accepting a fair share of the risk and benefits of the
undertakings in accordance with universally accepted cooperative principles.
23. Fisherfolks Organization- an organized group, association, federation,
alliance of fisherfolks which has at least fifteen (15) members, as set of
officers, a constitution and by-laws, an organizational structure and a
program of action
24. Fisheries – refers to al activities relating to the Act or business of fishing,
culturing, preserving, processing, marketing, developing, conserving and
managing aquatic resources and the fishery areas, including the privilege to
fish or take aquatic resources thereof.
25. Fishing Boat/Gear License – a permit to operate specific type of fishing
boat/gear in areas within the Municipal Waters
26. Fishery Management Areas - a bay, lake gulf, rivers and other fishery area
which maybe delineated for fishery management purposes.
27. Fishery Operator - One who owns and provide the means including labor,
capital, fishing gears, and vessels, but does not personally engaged in
fishery.
28. Fishery Refuge and Sanctuaries - a designated area where fishing and
other forms of activities which may damage the ecosystem of the areas is
prohibited and human access may be restricted.
29. Active Fishing Gears – a fishing gear device characterized by gear
movement, and/or the pursuit of the target specie by towing, lifting and
pushing the gears, surrounding, covering pumping and scaring the target
species to impoundments; such but not limited to trawl, purse seines, bag
nets, boding, drift gill net and tuna logline.
30. Passive Fishing Gears – is characterized by the absence of gear
movements and /or the pursuit of the target species; such as but not limited
to hook and line, fish pots, traps, and gill nets across the path of the fish
(Pata-an).
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
31. Fishing with Explosives – the use of dynamite, other explosives or other
chemical compounds that contains, combustible elements, which upon
ignition by friction or detonation, will kill, stupefy, disable or render
unconscious any fishery species and aquatic resources.
32. Fishing with Noxious or Poisonous substance – The use of any
substance, plant extracts, or juice thereof, sodium cyanide compounds or
other chemicals either in raw or processed form, harmful or harmless to
human beings, which will kill, stupefy, disable or render unconscious any
fishery species and aquatic resources and capable of damaging and altering
natural marine habitat.
33. Maximum Sustainable Yield (MSY) – is the largest average quantity of fish
that can be harvested from a fish stocks/resource with a period of time. (e.g.
one year) on a sustainable basis under existing environmental condition.
34. Migratory Species – Fishery Species which in course of their life could
travel from fresh water to marine water or vice versa or any marine species
which travel over great distances in waters of the ocean as part of their
behavioral adaptation for survival.
a. Anatropous species - marine fisheries which migrate to freshwater
areas to spawn
b. Catadromous – freshwater fishes which migrate to marine areas to
spawn
35. Municipal Waters – include not only streams, lake, inland bodies of water
and tidal waters within the Municipality, but also marine waters included
between two (2) lines drawn perpendicularly to the general coastlines from
points where the boundary lies of the Municipality touch the sea at low tide
and a third line parallel with the coastline including off-shore islands and
fifteen (15) kilometers from such coastline.
36. Secretary – the Secretary of Department of Agriculture.
37. Department – Department of Agriculture.
38. Municipality – the Municipality of Jagna, Bohol.
39. Local Government – the Municipality of Jagna, Bohol.
40. Total Allowable Catch (TAC) – Maximum harvest allowed to be taken
during a given period of time from any fishery area or from any fishery
species or group fishery species or a combination of area and species and
normally would not exceed the MSY.
ARTICLE III
MUNICIPAL FISHERIES
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
ARTICLE IV
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
The Municipal government may allow entry of commercial fishing vessels for
anchorage purposes within the territorial jurisdiction of the Municipality; Provided that in
no case shall they be allowed to conduct fishing activities within the Municipal Waters
of Jagna; Provided further, that the commercial fishing vessel operator have complied
the necessary permit and license fees imposed by the Department and shall have paid
the necessary anchorage fee imposed by the Municipal Government.
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
5. Within one year of effectivity of this Implementing Rules and Regulations the
community will prepare a five year Sanctuary Management Plan and ensure
that regular maintenance budget for the sanctuary is yearly allocated by the
Barangay Council of not less than five thousand pesos for the maintenance
and upgrading of the marine sanctuary and for other activities, necessary for
the sanctuary, which will be laid down in the management plan.
6. For purposes of guarding Barangay Sanctuary Caretakers will be assigned
by the Barangay Council alongside the Barangay Tanods to be in charge of
guarding during the day and night of the sanctuary. Other residents upon
seeing an illegal act may willingly arrest these illegal persons and turn them
over to the PNPO Station for immediate filling of case and turnover of
evidence and arrested paraphernalia to the town court.
7. The LGU also will appropriate annually a reasonable amount for the
management of each marine sanctuary within the town, which will be
counterparted by the barangay for the maintenance of the sanctuaries.
8. The Municipal Government, in coordination with the Barangay Councils,
Municipal FARMC and concerned peoples’ organizations, shall manage the
marine sanctuaries within the following geographic coordinates: (Data on the
geographic coordinates of the barangay fish sanctuaries listed hereunder ate
still being corrected. Once corrected, they shall become integral parts of this
Section).
1) BUNGA MAR MARINE SANCTUARY
Point 1 N 9.63652 Point 3 N 9.63764
E 124.36036 E 124.36240
Point 2 N 9.63618 Point 4 N 9.63800
E 124.36067 E 124.36062
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
d) Anchorage of boats
e) Swimming and recreation activities
f) All other legal and illegal fishing activities
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
a). Zoning – the zoning component plan shall classify municipal waters in Five
(5) zones, namely: 1. Strict Protection Zones; 2. Recreation and Eco-tourism
Zones; 3. Rehabilitation Zones and 4. Sustainable production use zones; 5.
Navigational Zone, in order to allocate, delineate and set aside appropriate
areas for growth and development of coastal communities and to delineate areas
as Fish Sanctuaries, no fishing zones, fishing gear restriction zones, and critical
breeding and feeding areas for ecologically and economically important
organisms and delineate areas for recreational or tourism zones.
ARTICLE V
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
This section shall be governed by the Municipal Ordinance enacted for the
operation of the Municipal Fish Port.
ARTICLE VI
CREATION OF A POSITION OF
A MUNICIPAL FISHERY TECHNICIAN
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
ARTICLE VII
ARTICLE VIII
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
The operator, boat captain, master fisherman, and recruiter or organizer of fish
workers who violated this provision shall suffer a penalty or imprisonment at the
discretion of the Court.
The Catch and gears shall be confiscated.
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
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SECTION 64. OBSTRUCTION OF FISHERY LAW ENFORCEMENT OFFICER,
The boat owner, master or operator or any person acting on his behalf of any
fishing vessel who evades obstruct or hinder any fishery office of the Department or
BFAR or its deputy fishery officer and deputized fish warden and Bantay Dagat of the
Municipality and the FARMC to perform their duties, to enforce Fishing Laws, shall be
fined of Ten Thousand Pesos (PhP10,000.00). In addition, the registration, permit
and/or license of the vessel and as fisherman shall be cancelled.
ARTICLE IX
MISCELLANEOUS PROVISIONS
SECTION 66. The Municipality shall endeavor to request the Department to allocate
funds from the Municipal Fisheries Grant Fund to finance fishery projects of the Local
Government of Jagna primarily for the upliftment of the municipal fisherfolks; and funds from
Fishery Loan and Guarantee Fund to be available for lending to qualified Borrowers to finance
the development of the fishery industry as determined by the Local Government.
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
2. Identify community infrastructure facilities such as Ice Plant and Cold Storage
and other post harvest facilities and prepare plans for their construction.
3. To arrange and make representation with appropriate funding institution to
finance such facilities for the use of the fishery cooperatives or associations.
4. To promote and strengthen marketing facilities and promote
entrepreneurship and cooperative marketing system.
ARTICLE X
FINAL PROVISIONS
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MUNICIPAL ORDINANCE NO. 20-06-2005 June 6, 2005
5th Sangguniang Bayan Regular Session
Jagna, Bohol
AFFIRMATIVE:
NEGATIVE: NONE
ABSENT: NONE
CERTIFIED CORRECT:
APPROVED: 6 -15-2005
Date Signed
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