ORDINANCE NO.

____________

“AN ORDINANCE DECLARING THE AREA OF SITIO LIGPO OF BARANGAY

LOCLOC TO CERTAIN PORTIONS OF BARANGAY BALITE, SAN LUIS, BATANGAS WITH
A PERIMETER MEASUREMENT OF 1,747 METERS AND AN AREA OF 16.4 HECTARES AS
MARINE PROTECTED AREA AND SHALL BE NAMED AS SAN LUIS FISH SANCTUARY”

WHEREAS, the Municipality of San Luis is mandated by the Local Government Code of 1991
and Republic Act 10654 or the Philippine Fisheries Code to effectively deliver coastal resource
management as basic service;

WHEREAS, the Philippine Fisheries Code expressly provides that municipal governments shall
declare a portion of their municipal waters as marine protected area/s for the protection, conservation and
management of coastal marine resources therein;

WHEREAS, the Municipal Water of San Luis possesses a bountiful marine resources, world
class diving sites and seabed and conducive for recreational activities.

WHEREAS, unregulated human activities can deplete marine and coastal living resources and
degrade marine and coastal ecosystems in ways that are harmful and sometimes irreversible.

WHEREAS, to promote the eco-tourism in the area, expansion of Marine Protected Area is
considered;

WHEREAS, San Luis Fish Sanctuary shall be established and declared to allow spawning of
significant marine species such that fishing activities are not allowed while diving and snorkelling
activities are regulated;

WHEREAS, the management of marine protected area is carried out in the approved
management plan, which includes the zonation of the protected habitat into a restricted use, buffer zone
and core area. The entire protected area may be expanded to adjacent or other areas upon the
recommendation of the community where the expansion is proposed subject to rules and regulations as
may be thereafter constituted;

NOW THEREFORE, be it ordained as it is hereby ordained by the Honorable Sangguniang

Bayan Members duly assembled in session that:

SECTION I. Title: “An Ordinance declaring the Area of Sitio Ligpo of Barangay Locloc to certain
portions of barangay Balite, San Luis, Batangas with a perimeter measurement of 1,747 meters
and an area of 16.4 hectares as Marine Protected Area and shall be named as San Luis Fish
Sanctuary”

SECTION II. Coverage: This ordinance shall cover the area of Sitio Ligpo of Barangay Locloc to certain
portions of Barangay Balite with an area of 16.4 hectares.

SECTION III. Objectives/Goals: This ordinance is enacted for the following purposes:

1. To protect, conserve and manage the coastal and marine resources within the municipal
waters of San Luis for sustainable use, enjoyment and benefits of its people.
 2. To rehabilitate and restore degraded coastal and fisheries habitats of the municipality by
strictly managing human activities within the protected area.

SECTION IV. Definition of Terms: The terms used in this Ordinance shall be defined as follows:

1. Marine Protected Area (MPA)- A marine area(s) (including marine and coastal) set aside by
law or any other effective means to conserve and protect part or all of the enclosed
environment and where management guidelines are established. A generic term or an
“inclusive” phrase referring to all declared areas governed by specific rules or guidelines
intended to protect and manage activities within the enclosed area.

2. Marine Reserve- An area set aside by law or any other means where access use and extractive
activities are regulated or controlled. Allows multiple uses through zoning where
conservation-oriented recreation, education and research are emphasized. It should include a
sanctuary (extraction are not allowed).

3. Marine Sanctuary- A marine protected area or a specific area within a marine reserve
established exclusively for the purpose of protecting habitats and species where all extractive
activities are prohibited and where non extractive activities are closely regulated.
Synonymous with “no take zone” (NTZs)

4. Municipal Waters- include not only streams, lakes, and inland bodies of waters and tidal
waters within the municipality which are no included within the protected areas as defined
under Republic Act No. 7586 (NIPAS Act), public, forest reserves or fishery reserves, but
also marine a waters included between two (2) line drawn perpendicular to the general
coastline from points where the boundary lines of the municipality touch the sea at a low tide
and a third line parallel with the general coastline including offshore islands and fifteen (15)
Kilometers from such coastline. Where two (2) municipalities are so situated in on opposite
shores that there is less than thirty (30) kilometres of marine waters between them, the third
line shall be equally distant from opposite shore of the respective municipalities.

Existing Uses:

Technical Description
Proposed San Luis Marine Protected Area
Municipality of San Luis, Batangas

MPA Boundary
POINT North East Notes
1 13.822204º 120.902178º Coastline to water
2 13.822390º 120.901430º
3 13.823320º 120.900660º
4 13.824750º 120.903165º
5 13.826015º 120.905402º
6 13.823686º 120.906929º Coastline to point #01
Section V. Marine and Fishery Reserve, and Sanctuary Regulations.

1. Sanctuary/Core zone

a. This shall be a “no take zone”. Fishing is strictly prohibited. However, gathering
of sea shells at a maximum of knee-depth level of water is allowed inside the
sanctuary from the month of May, June, July, August, September and October.
b. Killing, harassing or harming of any marine life are strictly prohibited.
c. Destruction, vandalism or alterations of natural ecological formations within the
sanctuary are strictly prohibited.
d. Any activities causing disturbance to marine life such as jet skiing, or wave
running are banned.
e. Littering and dumping of wastes are banned.
f. Used of designated moorings is encouraged. Dropping of boat anchors anywhere
in and around the vicinity of the sanctuary zone is not allowed.
g. Researchers that can be beneficial to the MPA may be allowed by the Municipal
Mayor upon the recommendation of the Management Board.
h. Diving and snorkelling are allowed. A user-fee system shall be observed as
prescribed in Section VII of this Ordinance. It shall allow the “no ticket- no
entry” policy”.
i. Crowding of dive sites must be avoided. There shall only be a maximum of two
(2) dive boats allowed at a time inside the sanctuary.
j. Divers and snorkelers are expected to strictly comply to the following guidelines:
- Avoid all contacts with coral and marine animals.
- Carefully select where to get into and out of the water. Avoid areas where
divers will likely to hit corals.
 - Take care to spare air valves, consoles and pressure gauges to avoid tugging
and damaging corals.
- Maintain good buoyancy control. Be sure to be neutrally buoyant at all times.
Maintain safe distance from corals and marine animals.
- Practice good fining and body control to avoid accidental contact with corals
or stirring up the sediments.
- Stay off the bottom. Never stand or rest on corals.
- Use of dive knife, reef hook and poker in coral environments will be strictly
allowed to dive masters only.
- Do not feed marine animals. This can interrupt the animals’ feeding and
mating habits enough to render imbalance in their normal cycle.
- Take nothing living or dead out of water, except recent garbage.
- Divers need advance diving skills/ credentials at least Advanced Open Water
Dive Certificate to take pictures and video underwater.
- Strict usage of mooring buoys.

2. Marine Reserve:
a. Outside the Marine Sanctuary is a Marine Reserve. In general, human activities
within this zone are to be closely monitored and managed to support and sustain
long term benefits of the small sanctuaries. Only traditional hook and line
fishing, diving and snorkelling activities, “salok” for catching “DULONG”;
b. Outside the Marine Protected Area will be a designated area wherein spear
fishing is allowed and unrestrictive fishing gears are allowed provided that they
are a registered fisherfolks and their fishing vessels are registered.
c. Littering and dumping of wastes are banned.

Specifically, for the bathing and swimming area the following regulations are to be
observed:

a. Killing, harassing, and harming of any marine life are strictly prohibited.
b. Avoid all contacts with corals. Do not touch, break, or stand on corals.
c. Prohibited from taking anything whether living or dead out of the water, except
recent garbage.

The Bantay Dagat of San Luis are given due authority to conduct monitoring and
apprehension in compliance to this ordinance.

3. Fishery Reserve:

a. At the Fishery Reserve (three AR’s) no take zone at the core, however, 25 meters
from the edge of respective ARs, there is a buffer zone wherein fishing is
allowed.

Section VI. Conservation Fees:

a. Conservation Fee- There is hereby levied a conservation fee at the rates prescribed
here under:

Daily Snorkeler Pass: P 30.00

Snorkeler Pass/ Boat: P 200.00
 Daily Diver Pass: P 150.00
Annual Diver Pass: P 2,000.00
Annual Dive Professional Pass P 2,000.00

b. Collection System- Users of the sanctuary must present the prescribed tickets to the
authorized collector before entering the sanctuary. The NO TICKET-NO ENTRY
POLICY shall be strictly enforced. Tickets may be secured in advance from the
designated booth of the Tourism office at certain diving resorts in San Luis.

c. Gratuitous Permit- For purposes beneficial to the sanctuary, The Municipal Mayor/
Management Board can grant a gratuitous permit to any government agency, research
institution, non-government organization or any other similar individuals and/or
organizations for entry free of charge.

Section VII. Revenue Utilization and Sharing:

The fees to be collected by the Municipal government under this ordinance shall be
applied as follows:
a. 40% will go to the local government general fund.
b. 10% will go to the barangay fund.
c. 50% will go to a special account specifically for the conservation and maintenance of
the Fish Sanctuary only.

Boat operator ferrying smugglers will also be given a P 10.00 rebate.

Section VIII. Registration and Accreditation:

In addition to registration of fishing operators and motorized boat operators, all dive/tour
operators, dive guides and dive masters who shall be operating within the municipal waters of San Luis
shall be required to attend a short orientation of relevant laws/ policies to secure the necessary permits, to
be conducted by the office designated by the Municipal Mayor.

Section IX. Composition of Marine Protected Area Management Board

A Coastal Resource Management Board shall be composed of the following: (a) the
municipal mayor or his/ her duly authorized representative as Chairperson; (b) the Chairperson of the
Committee on Environment of the Sanggunian as Vice chairperson; and, (c) the chairperson of the
Committee on Tourism of the Sanggunian; (d) the Municipal Planning and Development Officer; (e) the
Municipal Agriculturist and Representative of Municipal Information Officer; (f) the Municipal Fisheries
and Aquatic Resources Management Council (MFARMC) chairman; (g) one (1) non-governmental
organization (NGO) representative; (h) all representatives from dive resort owners; (i) one (1)
representative from non-dive resort owners; (j) one (1) representative from boat operators; (k) one (1)
representative from academe/ Scientific community; and (l) one (1) representative from the dive
professionals, all Barangay Chairman of Barangay San Pablo, Sto. Domingo, San Miguel, Sta. Maria, as
members. The Board shall meet at least one every two (2) months or as often as may be necessary.
Section X. Functions of the Marine Protected Area Management Board

a. Formulate policies, rules and regulations, with the consent and approval of the Sannguniang
Bayan of San Luis and in consultation with the Municipal Fisheries and Aquatic Resources
Management Council (MFARMC).
b. Formulate long term plans and programs that will ensure the conservation, proection and
management of San Pablo de Bauan Marine Protected Area including its sanctuaries and
Marine Reserve, including, but not limited to, local skills development, establishment of the
carrying capacity of the sanctuaries for scuba divers, imposing user fees, establishment of
other mooring and marker bouys, directional signs or boundary markers, billboards for the
vital information of the sanctuary, information education campaign, enforcement support
structures such as guard house, resource assessment and monitoring, and open close seasons
for human activities.
c. Recommend to the Municipal Council on disbursement and/or budgetary allocation of any
funds collected pursuant to this ordinance.
d. Call on any agreement or non-government organizations, academe, and people’s
organizations to assist in the implementation of this ordinance.

Section XI. Prohibition and Penalties

Any person or group of persons caught or apprehended for violations of these ordinance
shall be penalized as follows:

Sanctuary:

First Offense- Fine of not less than Php 2,000.00 but not more than Php 2,500 per violator or
imprisonment of not more than six (6) months or both fine and imprisonment in the discretion of the
court.

Second Offense- confiscation of all illegally caught fish, vessel(s) or watercraft(s), and equipment
or instrument, including dive gears, used in the commission of the crime, shall be confiscated in favor of
the government.

Reserve Area:
First Offense- Fine of not less than Php 1,500.00 but not more than Php 2,000.00 per violator or
imprisonment of no less than three (3) months or both fine and imprisonment in the discretion of the
court.

Second Offense- Fine of not less than Php 2,000.00 but not more than Php 2,500.00 per violater o
imprisonment of not more than six (6) months or both fine and imprisonment in the discretion of the
court.

Third Offense- confiscation; all illegally caught fish, vessel(s) or watercraft(s), and equipment or
instrument, including dive gears, used in the commission of the crime, shall be confiscated in favor of the
government.

Section XII. Repealing Clause.

All laws, ordinances, orders, rules and regulations or parts thereof inconsistent with this
Ordinance are hereby repealed or modified accordingly.
Section XIII. Effectivity Clause. This Ordinance shall take effect (15) days after the completion of its full
publication in a local newspaper of general circulation within its jurisdiction and posting in at least three
(3) conspicuous places.