ape bua As ra Republic of the Philippines Province of Negros Occidental “ CITY OF SIPALAY OFFICE OF THE SANGGUNIANG PANLUNGSOD SANCCUNLEROM, THE MINUTES OF THE SPECIAL SESSION OF THE SCORMUNIANG [PANLUNGSOD OF THE CITY OF SIPALAY. SOGGHoe SESS WENTAL, HELD ON FRIDAY, THE 18™ DAY OF OCTOBER 2602 we THE SESSION HALL Present: Hon. Bebsie S. Villegas, City Vice-Mayor, Presiding Officer Hon. Edmundo G. Garinganao, Jr, City Couneilor Hon, Freddie L. Femandea, City Councilor Hon, Florencio A. Demata, City Councilor Hon. Zaldy V, Galvan, City Councilor Hon. Crisostomo C. Campillanos, Jr. City Councilor Hon, Effen G. Lim, City Councilor Hon. Agripino A. Alvarez, Il, City Councilor Hon, Felix T. Occei, Jr, City Councilor Hon. Rogelia H. Golez, President, Liga ng mga Barangay Absent: Hon. Carlos B. Legislador, City Councilor Hoon. Leo M, Debuyan, City Councilor Hon. Cherry L. Zaragoza, President, Panlungsod na Pederasyon ng mga Sangguniang Kabata-an City Ordinance No, 2002-012 AN ORDINANCE REGULATING THE WATER USE OF CAMPOMANES BAY, BARANGAY MARICALUM, SIPALAY CITY, NEGROS OCCIDENTAL BB it ordained by the Honorable Members of the Sangguniang Panlungsod of the City of Sipalay, Negros Occidental in special session assembled that: SECTION I. TITLE — This Ordinance shall be known as “ORDINANCE NARGATING THE WATER USE OF CAMPOMANES "BAY, BARANGAY MARICALUM, SIPALAY CITY, NEGROS OCCIDENTAL” SECTION Ill: DEFINITION OF TERMS — As used in this Ontinance, the following terms and phrases shall mean: 1. Ecological Port is an environment-tiendly port, the operation of which shall take ‘mo Primary consideration the observance of the environmental lavs, rules and—— regulations and shell cater only to smell and light commercial vessels, small fishing boats, small passenger vessels and sea crafts of similar size. 2. Bay ~ refers to Campomanes Bay, situated at Barangay Maricalum, Sipalay City, | ‘Negros Occidental 3. Artisanal Fishing — subsistence fishing limited only to hook and line. 4. Illegal Fishing ~ all fishing activities declared illegal as described by RA 8550, 5. Cargo Vessel — any vessel, boat, ship or other watercraft equipped to be used for transporting goods and merchandise for commercial and non-commereial purposes. 6. Fishing Vessel ~ any vessel, boat, ship or other watercraft equipped to be used for taking or catching fishery species or siding or assisting more vessels at sea in the performance of any activity related to fishing. 7. Passenger Vessel ~ any vessel, boat, ship or other watercraft equipped to be used for ‘transporting passengers from a port of origin or to a port of destination. 8. Scientific Marine Reserve ~ restricted area located at the Northwest portion of the bay approximately 27.3 hectares reserved for scientific researches and recreational ities, 9. Eco-Tourism Marine Reserve ~ a restricted area located at the Southwest portion of the bay approximately 130 hectares .eserved for recreational activities and artisanal fishing. 10, Underwater Historic Reserve ~ a restricted area approximately 14.8 hectares located at the central portion of the bay where historic shipwrecks are located, reserved for research and archeological studies. x 11, Navigational Route — the central strip portion of the bay intended solely as j passageway for all incoming and outgoing vessels. 12, Docking Areas — areas reserved for docking of small fishing/passenger vessels for fisherfolk communities within the bay. 13, Buffer Zone — a specific area approximately 10 hectares located in between the scientific marine reserve and ecological port serving as a barrier or territory for defense against any disturbance of the scientific marine reserve. 14, Recreation and Tourism Area ~ an area located at the inner Eastern portion of the bay intended for tourism and recreational activities. 15. Coral ~ the hard calcareous substance made up of the skeleton of marine coelenterates polyps, which includes reefs, shelves and atolls or any of the marine eoelenterate animals living in colonies where their skeletons form a stony mass. 16. LGU — Local Government Unit of the City of Sipalay. 17. Water Use ~ the utilization of the waters enclosed in the Bay for identified users ‘whether living within or outside of the coastal communities existing in the Bay.Pe, Cathe ® brah SECTION IV: JURISDICTION OVER CAMPOMANES BAY IV.A. Jurisdiction of the City Government The City government shall have jurisdiction over Campomanes Bay, It shall be Tebonsible for the implementation of the Water Use Scheme, identify the users, and Getermine management approaches that shall take into consideration the integration of Fou preservation and economic growth, The City goverament is, therefore, responsible Tite cusctment of comesponding ordinances and issuance of executive onders: Provided, ‘That these shall be consistent with all existing national and local laws and policies, ‘SECTION V: WATER USE IN THE CAMPOMANES BAY WATER USE, LIMITATION AND PROHIBITIONS. Activities Allowed Prohibited Ecological Port © Docking of ight, ‘© Water and bilge water commercial passenger discharging transport vessels © Waste dumping © Docking of Bantay-Dagat | © Discharge or spillage of oil patrol boats and noxious © Water refilling substances/chemicals ‘© Construction of oil depot, refueling station, container yard/warehouses © Refueling and oil change © Repair works or reconditioning of vessels Buller Zone ® Artisanal fishing © Illegal fishing © Maticulture © Aquaculture © Bangus fy catching © Extraction of live and dead Sea weed farming corals © Fish eggregating with ¢ Waste dumping ‘management plan © Capture of aquarium resources ¢ Water and bilge water di ‘Scientific Marine ‘© Scientific studies ‘© Extraction of live and dead Reserve Resource monitoring corals © Scuba diving © legal fishing © Bangus fry catching Waste dumping © Water and bilge water discharging ©) Capture of aquarium resources Eco-Tourism Marine | Recreational scuba diving | e Extraction of live and dead Reserve and snorkeling corals © Resource monitoring © Waste dumping © Kayaking, bosting © Capture of aquarium © Hook and line game fishing | resources Artisanal fishing ‘© Water and bilge water dischargingRecreation and Tourlam | Waste disposal or waste dumping © Artisanal fishing © Extraction of live and dead Kayaking, boating corals © Construction of lifeguard | © Quarrying of sand and towers, boardwalks, gravel ‘viewing stands © legal fishing © Construction of © Trade of prohibited drugs ‘mooring/docking buoys |e Gathering of corals and ¢ Construction of cottages seaweeds ‘made of light and © Capture of aquarium indigenous matcrials resources © Shell gathering Docking Area © Docking of community Waste disposal fisherfolk fishing vessels Shell gathering © Construetion of mooring/docking buoys ‘Navigational Route ‘© Navigational route for © Waste dumping vessels bound for the © Discharge or spillage of oil Ecological Port and noxious ‘© Navigational roate for substances/chemicals ‘community fisherfolk fishing vessels Underwater Historic | Scuba diving © Extraction of archeological Wreckage Reserve | finds © Disturbance of human remains Fishing ‘© Bangus fy catching © Illegal fishing © Artisanal fishing © Capture of aquarium z resources SECTION VI: TECHNICAL DESCRIPTION OF THE WATER USE PLAN ‘The Campomanes Bay Water Use Plan for BUFFER ZONE in the City of Sipalay is bounded by the general coastline of the Campomanes Bay and the lines described as follows: Pra Cearpe Be bau Point Tatinude | Longitude Beginning at 1 9° 41°59" [122° 24' 14°] Coastal terminal point thence 2 9° 41' 56"_| 122° 24" 19" thence 3 99.4151" [12292419 thence 4 ge 4nra7e [122924 16" thenoe 5 Pan 4s [12202413 thence 6 9° 4149" [122° 24" 08"| Coastal terminal pein ‘hence 10 The point of beginning Area: 10 hectares HISTORIC RESERVE ‘The Campomanes Bay Water Use Plan for HISTORIC RESERVE in the City of Sipalay, Province of Negros Occidental is bounded by the general coastline of the ‘Campomanes Bay and the lines described as follows: aa s— Point Latitude Longitude [Remarks Beginning at 1 gearsin | 122°.24129" E thence? gearasy | 122°24129" thence 3 grarase | 122°24'49" thence 4 asi 122° 24 49" thence to the point of beginning. 14.8 hectares ‘SCIENTIFIC MARINE RESERVE, ‘The Campomanes Bay Water Use Plan for SCIENTIFIC MARINE RESERVE in. the City of Sipalay, Province of Negros Occidental is bounded by the general coastline of the ‘Campomanes Bay and the lines described as follows: Point Latitude | Longitude ‘Remarks Beginning at 1 ‘9° 41 49" | 122° 24" 08" | Coastal terminal point thence 2 ‘9° 4145" | 122° 24" 13" “= thence 3 9°41" 38"| 122° 24°02" thence 4 9° 4133" 122° 23'52" | thence 5 9 a1" 31" | 122° 23°46" - thence 6 9 ay" 32" | 122° 233: thence 7 P4034" | 120° 23°32" thence 8 9° 48 36" | 122°.23°33" ‘9° 41" 40" | 122° 23°41" | Coastal terminal point thence 9 thence following the coastline to 1 ‘Area: 27.3 hectares in the City of Sipalay, Province of Negros the Campomanes Bay and the lines deseribed as follows: Oy ECO-TOURISM MARINE RESERVE ‘The Campomanes Bay Water Use Plan for ECO-TOURISM MARINE RESERVE. Occidental is bounded by the general coastline of Pe, Caste Be beast “Area: 130 heetares Point Tatinde | Longitude Remarks Beginning att 3 40" 51" | 29° 25°52" | Coastal terminal point thence 2 raga" | 122537 thence 3 ora 497 | 12227952" hence 4 ge aor 5s* | 1a" 29°35" thence 5 ora sor] 1929037 thence 6 oravor | 122343" thence 7 sear or | 122023154" thence 8 9 41 007 | 190° 25°58" thence 9 gear or | 122402" thence 10 9° 40°58" | 122924" 12" | thence 11 orar io” | 122°2826" thence 12 sears | wae 3e ar thence 13 seanr3st | 12092852" thence 14 par 32" | 122°24159" | Coastal wernal point Thence following the coasline to |— ‘Year of a fine of not less than Five Hundred Pesos (P 500.00) but not exceeding Five Thousand Pesos (P 5,000.00) or both such fine and imprisonment atthe discretion of the court. . The preceding penalties shall be imposed without prejudice to the filing of any separate charges punishable undet National Laws, Orders, Rules and Regulations, SECTION VIII: GENERAL PROVISIONS ‘VIIA - Person and Deputies Authorized to Enforce this Ordinance ‘The City Mayor, City Vice Mayor, City Councilors, City Environment and Natural Resources Officer, City Treasurer, Department of Environment and Natural Resources, Philippine National Police, Barangay Officials, and Deputized Fish Wardens shall take the lead in the implementation of this Ordinance. VILLB Role of People’s Organization ‘The City LGU shall encourage and promote the initiatives and active participation of ‘People’s Organizations in the implementation of this ordinance, VITIC — Regulation of Infrastructure The City LGU, in coordination with the Barangay LGU and in compliance with existing national laws and policies, shall regulate infrastructure projects that will exert further pressure on the carrying capacity of the bay. The camying capacity of the bay shall be defined by an empirical study. ‘VIILD — Docking of Vessels During Typhoons and Emergencies Oe ee ee ee « VIIIE - Mandatory Review 3 ‘The Sangguniang Panlungsod shall undertake the mandatory review of this Ordinance ~ at least once every three (3) years and as often as it may deem necessary, to ensure that the {Guidelines for water use remain responsive to the changing circumstances, section 2% rivaL PROvIstONS IXA— Repealing Clause All previous ordinances, executive orders, rules and regulations, or parts thereof that are inconsistent with this ordinance are hereby repealed and modified accordingly. | IXB - Separability Clause If, for any reason or reasons, any part or provision of this ordinance shall be held ‘unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and in effect. IXC- Effectivity Clause This ordinance shall take effect Ten (10) Days after a copy hereof is posted in a bulletin board atthe entrance of the City Hall and in at least two (2) other conspicuous places ‘and has been published once ina local newspaper of general circulation in the city‘The Campomanes Bay Water Use Plin for RECREATION AND TOURISM. AREA in the City of Sipalay, Province of Negros Occidental is RECREATION AND TOURISM AREA coastline of the Campomanes Bay and the lines described as follows: bounded by the general Longitude ‘Remarks Beginning at 1 122° 24" 59” | Coastal terminal point thence 2 rav'3as" | 122° 24152" thence 3 4138" | 12282456" thence 4 9° 41" 46" [122° 24" 59" thence 5 gr ar's3" [122° 25°05" thence 6 9 42'02" | 122°25"08" thence 7 o°42'09" | 199° 25708" thence 8 9 42'10" | 192° 25113" | Coastal terminal point ing the coastline to 1. Area: 40 hectares PAGI-PAGIHAN DOCKING AREA The Campomanes Bay Water Use Plan for PAGI-PAGIHAN DOCKING AREA in the City of Sipalay, Province of Negros Occidental is bounded by the general coastline ofthe ‘Campomanes Bay and the lines deseribed as Zollows: Point Latitude Longitude Remarks Beginning atl _____[|_9°.42'13" | 122°24'49" | Coastal terminal point thence 2 9° 42'20" [122° 24149" thence 3 geazai" [122° 2444" thence 4 9°.42124" | 122°24'41" | Coastal terminal point thence following the coastline to 1 Area: 3.0 hectares The BALASAN DOCKING AREA Campomanes Bay Water Use Plan for BALASAN DOCKING AREA in the City of Sipalay, Province of Negros Occidental is bounded by the general coastline of the ‘Campomanes Bay and the lines described as follows: Point Latitude Longitude Remarks, Beginning at 1 9° 42" 122° 25'12" | Coastal terminal point thence 2 gaz | 122° 25-07" thence 3 9°42 16" | 12292503" thence 4 9° 42°21" | 122°25'03% | Coastal terminal poi ‘thence following the coastline to 1. ‘Ares .0 hectaresMONTAY DOCKING AREA ‘The Campomanes Bay Water Use Plan for MONTAY DOCKING AREA in the City of Sipalay, Province of Negros Occidental is bounded by the general coastline of the ‘Campomanes Bay and the lines described as follows: Point Latitude Longitude Remarks I Beginning at 3 41'40" | 129°25'09" | Coasal terminal point thence 2 or ar-az" | 122°25°08" thence 3 oe 414s" | 122°25° 09" thence § 924145" | 122525112" | Coastal terminal point the coasline 1 1. ‘Area: 1.2 hectares NAVIGATIONAL ROUTE ‘The Campomanes Bay Water Use Plan for NAVIGATIONAL ROUTE in the City of Sipalay, Province of Negros Occidental is bounded by the lines described as follows: —_——— Point Latitude = Remarks Beginning at 3 41'24" | 12°2534" | Bay entrance point thence? oearoe" | 12002949" thence 3 9° 41'30" | 12093400" thence 4 gearrast | 12°20 10" thence 5 94140" | 12252417 thenee 6 oearare | 12292622" |_—e ee thence 8 9° 41'59" 122° 24' 16" Port location_ thence 9 pears | 122 248" henoe 10 eas | zeae ae thence 11 oearay | 120924 52" IE thence 12 F403 1222838" 1 E thenee 13. oeatain | 132° 24 24" thencel4 rari | 1°24 16" | thence 15, 9° 41' 10" 122°23'55"__| thence 16 sears | 12292938" | ‘theese 17 9° 4105" | 122023128" | Bay enrance point ‘ence t he point of begining Area: 10 hectares SECTION VII: PENAL CLAUSE a. Any person who violates any provision of this ordinance shall be penalized accordingly, to wit: 1, Any person who gathers, captures and extracts live and dead corals, ‘aquarium resources, seaweeds and shells in violation to the prohibitions provided in this ordisance shall, in addition to the confiscation of his faich, be punished by imprisonment of not less than One (1) Month butoS shall not exceed Six (6) Months or a fine of not Jess than Fiye Hundred Pesos (P 500.00) but not more than Five Thousand Pesos (P $,000,00) or both suck fine and imprisonment at the discretion of the court; 2. Any person or vessel conducting any activity that would constitute Illegal Fishing shall be punished individually by imprisonment of not less than One (I) Month but not more than One (1) Year or a fine equivalent to the ‘amount of their catch but, in no case, shall exceed Five Thousand Pesos (P 5,000.00) or both such fine and imprisonment at the discretion of the court; 3. Crew members of any vessel dumping or causing to spread crude oil, ‘kerosene or gasoline or any other noxious substances and chemicals within the bay shall be punished individually by imprisonment of not less than One (1) Month but not more than One (1) Year or a fine not exceeding Five Thousand Pesos (P 5,000.00) or both such fine and imprisonment at the discretion of the court; 4, Owners of any vessel anchoring within the port without Rat Guard shall be a ‘meted a fine of not less than One (1) Thousand Pesos (P 1,000.00) but not ‘more than Three Thousand Pesos (P 3,000.00) at the diseretion of the court; 5. Crew members of any vessel dumping garbage, slops or similar wastes over the side within the bay shall be punished individually by an imprisonment of not less than One (1) Month but not more than One (1) Year or a fine of not less than One Thousand Pesos (P 1,000.00) but not exceeding Five Thousand Pesos (P 5,000.00) or both such fine and imprisonment atthe discretion of the cour; < ordinance, shall be punished individually by imprisonment of not less than. One (1) Month but not more than Six (6) Months or a fine of not less than — ‘not exceeding Five Thousand Pesos (P 5,000.00); | 8. Crew members of any vessel performing any repairs, conditioning or similar works on their vessels in violation of this ordinance shall be punished by imprisonment of not less than One (1) Month but not more than Six (6) Months or a fine of not less than One Thousand Pesos (P 1,000.00) but not exceeding Five Thousand Pesos (P 5,000.00) er both such fine and imprisonment atthe discretion of the court, ‘perform any acts that would tantamount to a crime shall be punished by imprisonment of not less than Six (6) Months but not more than One (1) Year and a fine not exceeding Five Thousand Pesos (P 5, 000.00) or both ssuch fine and imprisonment atthe discretion of the court, 9. Crew members and ownerls of any vessel who, while inside the bay, 10, Any acs oF actives not specifically provided herein that would constitute any violation to this ordinance, shall be punishable by ‘imprisonment of not less than One (1) Month but not more than One (1) —APPROVED: October 18, 2002, AVES: Councilor Freddie L. Femandez, Councilor Florencio A. Demata, Councilor Zaldy V. Galvan, Councilor Crisostomo C. Campillanos, Jr, Councilor Piven G. Him, Councilor Agripino A. Alvarez, Il, Councilor Felit T. Occeha, Ir and Liga ng mga Barangay President Rogelia H. Golez NAYS: None ABSTAINED: Councilor Edmundo G. Garinganao, Jr THEREBY CERTIFY to the correctness of the foregoing ordinance. seltsts tahoe? io ee ATTESTED: BEBSIE S, WILLEGAS City VieeéMayor and Presiding Officer wononen/Yy, Z OSCAR C, MONTILL, City Mayor Copy furnished: ‘The Honorable Sangguniang Panlalawigan of Neg. Occ. Provincial Administration Center Bacolod City ‘The Regional Director ‘Department of Environment and Natural Resources (DENR) Region 6, Iloilo City ‘The Honorable Oscar C, Montilla, Jr. City Mayor Sipalay City, Neg. Ove ‘The Honorable Sangguniang Barangay Barangay Maricalum Sipalay City, Neg. Occ. File‘AoE, ATR USEELAN OF ‘Canrosues oxy fileA 0420Wate20Ue820Map (Revised pe