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    City Ordinance No. 2006-008

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    Gracebel Gulmatico

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    © All Rights Reserved
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    Ka. Verge be Maas « Republic of the Philippines Province of Negros Occidental CITY OF SIPALAY OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF THE CITY OF SIPALAY, NEGROS OCCIDENTAL, HELD ON THURSDAY, ‘THE 19™ DAY OF OCTOBER 2006, AT THE SESSION HALL. PRESENT: Hon. Bebsie S. Villegas, City Vice-Mayor, Presiding Officer Hon. Freddie L. Femandez, City Councilor Hon. Zaldy V. Galvan, City Councilor Hon. Agripino A. Alvarez, III, City Councilor Hon, Nathaniel Jan G. Celiz, City Councilor Hon. Crisostomo C. Campillanos, Jr., City Councilor Hon. Efren G. Lim, City Councilor Hon. Hitcliff G. Lirazan, City Councilor Hon. Eduardo M. Bragat, City Councilor Hon. Rogelia H. Golez, President, Liga ng mga Barangay Hon. Cherry L. Zaragoza, President, Panlungsod na Pederasyon ng mga Sangguniang Kabataan ABSENT: Hon. Jonathan G. Eran, City Councilor, on his way to Tagbilaran, Bohol, to attend the NMYL Capability Building Program with Focus on Environment and Tourism Hon. Leo M. Debuyan, City Councilor CITY ORDINANCE NO. 2006-008 AN ORDINANCE DECLARING FOREST PATCHES IN SITIO OMAS, BARANGAY CAMINDANGAN; SITIO DUNG-I, BARANGAY MANLUCAHOC AND CALATONG FOREST, BARANGAY CABADIANGAN, SIPALAY CITY AS TROPICAL FOREST PROTECTION AREAS AND WILDLIFE SANCTUARY OF THE CITY OF SIPALAY, PROVINCE OF OCCIDENTAL NEGROS Principal Author: NATHANIEL JAN G. CELIZ Co-Author(s) : AGRIPINO A. ALVAREZ IIT HITCLIFF G. LIRAZAN CHERRY L. ZARAGOZA Section 1. - Short Title. This Ordinance shall be called the Wildlife Sanctuary and Forest Protection Area Ordinance of 2005. Section 2 . - Declaration of policy. Consistent with national laws on wildlife Protection and conservation, forest protection and resource management and protected area management as well the mandate as provided by the Local Government Code of 1991 in the conservation and preservation of our natural resources, the City of Sipalay shall provide mechanisms for the effective and responsive implementation of such lavs taking into consideration its local needs and prevailing conditions. A tra §lspen 2 is City Ordinance No. 2006-008... page 2/ The City of Sipalay having jurisdiction over the areas of Omas Valley, Dung-1 Valley and Calatong Forest pursuant to Section 6 of Republic Act 9027, commonly known as the City Charter of the City of Sipalay, it shall be its policy to declare remnant forest patches located generally in the aforementioned areas as critical wildlife habitat that needs protection to preserve its flora and fauna and in consideration of its importance as watershed area. Section 3. - Definition of Terms. The following shall be construed to mean as can be reasonably defined by common sense, viz: b. X h 7 5 Rainforest -a hot, wet equatorial forest system characterized by hich, broadleaved, evergreen trees Endemic Species — specie which are naturally occurring and found only within the areas as mentioned in this ordinance or in the Island of Negros Exotic specie ~ specie that do not naturally occur in the country Critically endangered specie ~ specie that are facing extremely high risk of extinction in the wild in the immediate future Endangered specie — specie whose survival in the wild is unlikely if the causal factors continue to exist Vulnerable Specie - specie under threat from adverse factors throughout their range and is likely to move to the endangered status in the near future Buffer Zone ~ the area outside the remnant forest area as delineated in Section 4 of this Ordinance but is still within the area of the Community Based Forest Management Area of the DENR, yet in the area of the source of Huyop-Huyop falls/creek/river where the buffer Zone shall be in consonance with Article 1, Section 6 of Republic Act 9027 Wildlife — refers to wild forms and all varieties of flora and fauna in all its developmental stages including those, which are in captivity or are being bred or propagated. Gratuitous Permit ~ permit issued by the City Mayor to any individual or institution engaged in non-commercial, scientific (bio-prospecting) and educational undertaking to collect wildlife. Permits issued by other government agencies shall not be honored over the protection area unless the same is concurred by the City of Sipalay by means of issuance of a gratuitous permit upon proper request or endorsement from such agency and payment of the necessary fees or charges. Reservation ~ in this ordinance it is interchangeably used with conservation area in the context of rainforest Conservation and wildlife sanctuary including the buffer zone Conservation - sustainable resources management and maintenance of natural resources Keeping It free from irreparable damage or abuse ~Z_ Section 4. — Location and Scope. The Forest Protection and Wildlife Sanctuary in the following areas described as follows: ‘A. Omas Valley, Camindangan, Sipalay City Primary Forest Protection Area measuring three hundred fifty (350) hectares. This area includes Looc and Simpang Forests. * Point | Longitude Latitude Remarks | Beginning at 1 [22 31’ 00.61” 109 49'20.27" _ Thence 2 122 30°57.61" 09 49°21.87" Thence 3 122 30°52.73” | 09 49°37.11" - | Thence 4 122 31’ 45.35" ~09 50’00.00 | Thence 5 122 31"13.50" (09 50°00.00" | 7 J City Ordinance No. 2006-008... page 3/ Thence 6 122.31 26.74" (09 4945.99" Thence 7 122 31’ 18.79" 09 4914.49” Thence 8 122 3123.11” 09 4902.37" Thence 9 122 31’ 24,29" 09 48'55.91" Thence 10 [122 31° 28.37" 09 4838.63” — Thence 11 122 3151.31" 09 48'17.99" Thence 12 122 31’ 51.31” (09 48'13.68” Thence 13 122 31’ 30.26” 09 47'54.74” Thence 14 122 31’ 08.92" 09 47°51.99 Thence 15 122 30° 59.54" (09 4804.97" Thence 16 122 30" 58.70" 09 4817.99" Thence 17 122 30"47.94" (09 48'15.48” Thence 18 122 30" 57.59” (09 4820.81" Thence 19 122 3101.43” (09 48'32.60" Thence 20 122 3059.60" (09 48'45.62" Thence 21 122 3102.21" (09 4851.56" Thence 22 122 3106.55” 09 48°56.81” Thence 23 122 3106.46" (09 48°56.81” Thence back to 1 Moreover, pursuant to the provision of Article 1, Section 6 of Republic Act No. 9027, the City of Sipalay shall have police jurisdiction over the source of Huyop-huyop falls, river/creek and one hundred meters of the area along the river banks of said water source. In relation to this provision, the Municipality of Cauayan shall be regularly consulted by the City of Sipalay for the joint conservation and protection efforts in the areas beyond the boundaries of Sipalay City as described herein. The areas outside of the boundaries described above but still within the area of the Community Based Forest Management Area (CBFMA) as declared by the Department of Environment and, Natural Resources plus an additional 451 hectares of public land covering a total area of 1,598 less 350 hectares is hereby designated as buffer zone of the protection area, where sustainable and regulated forest activities maybe allowed pursuant to the provisions of this ordinance, other applicable Department Administrative Orders of the DENR and other laws for the conservation of wildlife and forest areas. ‘The boundaries of the buffer zone is technically described viz: Corner Longitude | Latitude Remarks Beginning at Bi 122 31' 49.70" (09 50’ 00.00" ‘Thence B2 122.32'07.22" (09 48" 25.56” Thence B3: 122 3207.18" 09 48 03.55" Thence B4 122 3136.41” 09 47" 49.83” Thence 85 122 31’ 13.987 09 4739.99" Thence 86 122 30" 43.82” 09 47’ 31.27" Thence 87 122 30" 42.03" (09 47’ 59.36” Thence 88 122 30" 20.68" 09 48" 12.64” Thence 89 122 29" 57.32” (09 48” 30.07” Thence B10 122.29" 40.27" (09.49°05.65" Thence B11 122 29' 28.17" 09 49’ 44.41” Thence B12 122 29" 29.78" (09 50" 00.00" Thence back to Bi I City Ordinance No. 2006-008... page 4/ B. Calatong Forest, Cabadiangan, Sipalay City Primary Forest Protection Area Point Northing Easting Remarks Beginning at 1 1082010.76 443704.69 Thence 2 1081942.37 443437.15 Thence 3 1081995.92 443312.13 Thence 4 1082035.90 443072.05 Thence 5 1082030.05 442925.65 Thence 6 1082071.79 442806.29 Thence 7 1082135.89 442654.68 Thence 8 1082205.65 442500.22 Thence 9 1082293.03 442334.32 Thence 10 1082409.49 442153.69 Thence 11 1082526.63, 441977.84 Thence 12 1082675.52 441846,71 Thence 13 1082854.64 441786.96 Thence 14 1083003.74 441781.44 Thence 15 1083056.62 441670.30 Thence 16 1083079.87 441542.30 Thence 17 1083130.41, 441448.39 Thence 18 1083346.08 441608.73 Thence 19 1083639.86 441708.69 Thence 20 1083775.19 441991.86 Thence 21 1083473.87 442287.60 Thence 22 1083574.37, 442494.34 Thence 23 1083610.35 442818.36 Thence 24 | "1083066.87 443315.46 Thence 25 1082926.29 | 443532.35 Thence 26 1083032.68 | 443645.22 Thence 27 1083201.00 | __-443917.94 Thence 28 1083256.32 444167.08 Thence 29 1083435.59 445013.42 Thence 30 1083388.19 445977.98 Thence 31 1082974.95 446244.12 Thence 32 1082546.54 446121.06 Thence 33 1082368.54 446101.70 Thence 34 1081973.49 446005.86 Thence 35 1081780.70 445747.24 Thence 36 1081764.88 445426.65 Thence 37 1081653.34 444880.48 Thence 38 1082135.36 444509.72 Thence 39 1082373.19 444307.06 Thence 40 1082240.81 444244.46 Thence 41 1082010.08 443993.30 ‘Thence back to 1 Buffer Zone ] Point Northing Easting Remarks —_| Beginning at B1 1081510.62 443767.00 | Thence 82 1081415.89_ | _-443396.43 | Thence 83 1081512.60 443170.62 Thence B4 1081534.24 443040.63 Thence BS 1081526.64 442850.47 Thence B6 1081605.07 442626.23 Thence 87 1081679.95 442449.10 Thence BB 1081756.57 442289.35 Thence B9 1081857.98 442086.39 Thence 810 1081991.28 441879.61 Thence B11—| ——_—:1082146.90 441646.00 Thence B12 1082421.14 441404.48 ‘Thence B13 1082964.29 440706.86 Thence 614 1083581.42 441160.65 Thence B15 1084000.22 441303.15 Thence B16 1084380.32 442098.51 ‘Thence B17 1084067.58 442405.47 ‘Thence B18 108413534 | 443015.77 Thence B19 1083557.79 443544.04 Thence 620 | 1083670.81_ | 443727.16 Thence B2i 1083744.96 444061.07 | Thence B22 1083938.17 444973.23 | Thence 823 1083895.92 445832.95 | Thence B24 1083613.09 446281.32 Thence B25 1082750.27 446335.47 Thence 626 | 1082867.07 446733.35_ Thence 827 1082449.77 446613.48 Thence 628 1082282.20 446595.25 Thence 629 1081680.38 446449,25 ‘Thence B30 1081288.81 445923.98 Thence B31 1081267.36 44548936 Thence B32 1081100.96 444674.56 | Thence B33 1081602.55 444288,75 Thence B34 1081509.62 444187.60 Thence back to Bi C. Dung-I Forest, Manlucahoc, Sipalay City Primary Forest Protection Area, includes Banko-Banko, Upper and Lower Kabilokan Forests Point T Longitude Latitude | Remarks [Beginning at i_| 122 33’ 49.44” 09 44’ 09.88" Thence 2 122 3355.14 (09 44’ 16.06” Thence 3 122 33’ 56.42” 09 44” 27.10" Thence 4 122 33’ 54.28" (09 44" 28.92” Thence 5 122 33° 59.79" (09 44” 38.82” Thence 6 122 34” 02.42" 09 44" 38.63” Thence 20 122 34' 29.83” 09 46' 13.68” Thence 21 122 34' 24.21" 09 46’ 21.76" | Thence 22 122 34’ 11.75" 09 46’ 28.83" Thence 23 122 33' 49.41” 09 45‘ 45.08” Thence 24 122 32' 15.66” 09 45’ 52.09” Thence 25. 122 32! 21.87” 09 45’ 30.22” Thence 26 122 32! 07.34” 09 45’ 25.70” \ Thence back to 1 | Buffer Zone. (Amended) N ‘Corner Latitude \ Thence 7 122 34’ 05.28" [09 44” 41.147 ] Thence 8 122 34 07.80" [09 44”40.76" Thence 9 122 34" 09.24” 09 44" 39,23" Thence 10 122 34" 11.88” 09 44° 39.44" ‘Thence 11 122 34° 16.38" 09 44" 42.59" Thence 12 122 34" 18.71" 09 44” 41,90" (Thence 13 122 3424.75" 09 4737.55” Thence 14 122 34° 40.55” 09 44” 47.45” Thence 15 122 34’ 46.69" 09 44’ 54.55” Thence 16 122 34” 49.49” 09 45’ 00.56” | Thence 17 122 34" 48.84" ‘09 45’ 03.05” Thence 18 122 34" 46.19" 09 45’ 06.69" Thence 19 122 34 25.42” 09 45" 40.56” Longitude Remarks Beginning at Bi 122.32’ 57.11” (08 44" 08.20" Thence B2 122 31" 58,59” 09 447 08.187 Thence B3 12231’ 35.85" 0946711.14” Thence B4 12231’ 30,487 09 46°01.78" | Thence B5 122 34”04.88" (09 46” 51.02" al Thence B6 122 34735.60" 09 46" 33.64" | Thence B7 122 34 46.957 (09 46" 17.37" | Thence BS: 122.34" 42.397 09 457 43.74” Thence B9 122 34" 42.30” 09 45° 15.01” Thence B10 122 35° 00.00" 09 44" 20.85” Thence B11 122 34" 23.22” 09 43” 58.03” Thence B12 122 34" 06.89" 09 43” 40.50” aa # Thence B13 122 33" 12.39" 09 44" 16.79" Thence back to 31 Section 5. — The Sipalay City Wildlife Habitat and Rainforest Conservation Management Board. There shall be created a management board composed of the following: ‘The City Mayor of the Sipalay City as Chairman Members: ‘The City Environment Management Officer ‘The City Planning Development Coordinator ~ ‘The Sanggunian Chairman Committee on Environment The Sanggunian Chairman on Legal Matters f The City Agriculturst The DENR ~ CENRO A representative from the state Academe in Sipalay City ‘A representative from the Provincial Environment Management Office ‘A representative from the existing People Organization in the Area The Punong Barangay of Camindangan, Manlucahac, and Cabadiangan, this City ‘A representative from the organized women’s group Representative, LGU of Cauayan (on cal basis, as need arises) + ® City Ordinance No. 2006-008... page 7/ Except for the DENR-CENRO, PEMO, state academe and LGU Cauayan representatives who will be designated by their respective agencies, all other members. shall be appointed by the City Mayor. Section 6. — Duties and Responsibilities. It shall be the duty of the Board to ensure the effective implementation of this Ordinance, as such they shall: 6.1. 6.2. 63. 6.4. 6.5. RQ 6.6. \ Conduct quarterly monitoring of sectoral areas of concern, regular stakeholders meeting and information drives in order to amplify the purpose and objectives of this ordinance to the people. Formulate plans and programs for the protection and conservation of wildlife in the area and to conduct inventory of wildlife species and forest trees and institute scientific studies of the same including the possible re- introduction of endemic species formerly found in the area. Institute rainforestation activities by propagating tree species that are found in the reservation for use in the conservation efforts and as material for the CBFMA reforestation program as well as for the agro- forestry efforts of the City, Coordinate with national government agencies, funding institutions and other sectors for partnership arrangement in the implementation of this ordinance. Cause the strict implementation of related national laws on wildlife protection and of PD 705 or the Revised Forestry Code of the Philippines Formulate policies, rules and regulations for consideration of the City government through the Sanggunian, as the case maybe for the effective implementation of the provisions of this ordinances and related laws, including measures to ensure the viability and sustainability of the ~ reservation as a watershed area of the City of Sipalay. 6.7. Perform such othef*functions and duties as may be necessary and in Pursuance with law or ordinance, The City Government may from time to time and upon recommendation of the Board request the assistance of the PEMO and Task Force Ilahas in the implementation of the provisions of this ordinance and other applicable laws 4 especially in the area of enforcement. Section 7.- The Technical Working Group. To assist and provide research *S mechanism and scientific data to the Board and to act as implementing and t enforcement arm of the Board, there is hereby created a Technical Working Group for the purpose. ~Z__/ Section 8. ~ Regulated Acts. Subject to the limitations imposed by applicable laws on forest resource management and wildlife protection and rules and regulations on CBFMA implementation, only the following acts are allowed in the buffer zone: 1. Agriculture related activities on existing agricultural lands and tiled areas by Omas, Dung-I and Calatong residents only 2. Conditional harvesting of deregulated tree species by Omas, Dung-I, Calatong and CBFMA and Agroforestry project beneficiaries only 3. Collecting of firewood by Omas, Calatong, Dung-i residents only and * CBFMA/Agroforestry project participants 4. Subsistence silvi-pasture/cattle raising with limited number of heads 5. Recreational activities such as, trekking, camping, bird watching provided a Permit shall first be secured from the City of Sipalay upon prior request and Payment of the necessary fees as follows, which proceeds shall accrue to the Biodiversity Conservation Trust Fund, viz: ity Ordinance No. 2006-008... page 8/ 4, Trekking Entrance Fee - P 20.00/head per day 2. Camping Fee ~ P 200.00 for every group of 10 persons per day winch Sal be counted from 12 noon until 12 noon of the next day 3, Bred watching fee ~ P 100.00 for every group of 6 persons/

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