ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

1 Republic of the Philippines, Province of ______________

2
3 OFFICE OF THE SANGGUNIANG BAYAN/PANLUNGSOD }
4 MUNICIPAL/CITY ORDINANCE No. ____ }
5 SERIES OF ______ }
6
7 An Ordinance Providing for the Sustainable Development, Management, Utilization and
8 Conservation of the Coastal and Fisheries Resources, otherwise known as the ‘Fisheries

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9 Ordinance of the Municipality/ City of ____________________’.
10
11
12 Sponsored by: __________________
13 Co-Sponsored by: _______________________
14
15
16 ARTICLE I
17 TITLE, DECLARATION OF POLICY AND DEFINITION OF TERMS
18
19 SECTION 1. TITLE – This ordinance shall be known as “Fisheries Ordinance of the Municipality/
20 City of __________, Province of _____________”
21
22 SECTION 2. DECLARATION OF POLICY. It is hereby declared the fundamental policies of the
23 Municipality/City of ____________to:
24
25 1. Advance the primary purpose of the state to achieve food security as the overriding
26 consideration in the utilization, management, development, conservation and protection of
27 fisheries and aquatic resources in order to serve the food needs of its population;
28 2. Promote the effective conservation and sustainable management of coastal and marine
29 resources and habitats of the Municipality/City of ____________ using science- and
30 evidence-based approaches, participative decision-making and co-management, and active
31 stakeholder collaboration and engagement;
32 3. Protect the rights of municipal fisherfolk in the preferential use of coastal and marine
33 resources both inland, if necessary and in municipal waters;
34 4. Adopt the precautionary principle and manage fishery and aquatic resources, in a manner
35 consistent with the concept of an ecosystem-based approach to fisheries management and
36 integrated coastal area management;
37 5. Ensure rational and sustainable management, development and conservation of fisheries and
38 aquatic resources by adopting key management strategies, such as establishment and
39 management of marine protected areas and fish sanctuaries, implementing closed fishing
40 season, among others;
41 6. Provide appropriate support to its municipal fishery sector, including women, indigenous and
42 youth sectors, through suitable post-harvest facilities and activities, adequate financial,
43 production and links to markets, and other relevant services;
44 7. Allow people’s full and active participation in the sustainable development, conservation,
45 utilization and management of the coastal and aquatic resources and promote awareness of the
46 importance of sustainable fisheries management through appropriate education and training;
47 8. Ensure, for the benefit and enjoyment of the people, particularly the registered fisherfolk of
48 Municipality/City of ______________ the judicious and wise utilization, protection,
49 conservation and management on a sustainable basis of its coastal resources with the
50 necessity of maintaining a sound ecological balance and protecting and enhancing the quality
51 of the environment;
52 9. Promote gender equality and equity in the sustainable development, management, utilization
53 and conservation of coastal fisheries;

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

54 10. Enhance local resilience to the adverse effects of natural disasters and/or climate change,
55 through maintaining a sound ecological balance, by adopting an ecosystems-based adaptation
56 approach, and by protecting and enhancing the quality of the environment;
57 11. Ensure sustainable financing mechanisms, including sufficient budgetary support and
58 allocation of financial and human resources to fully support protection, maintenance,
59 administration, and regulation of coastal and fisheries resources management.
60
61 SECTION 3. DEFINITION OF TERMS.- The terms and phrases that are used in this Fisheries

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62 Ordinance that are defined under Republic Act No. 8550, as amended by Republic Act No. 10654,
63 and in administrative rules and regulations such as the Fisheries Administrative Orders (FAOs) issued
64 by the Department of Agriculture-Bureau of Fisheries and Aquatic Resources (DA-BFAR), and by the
65 Department of the Interior and Local Government (DILG) shall hereby be adopted and shall become
66 an integral part hereof. In addition, the following terms and phrases as used in this Ordinance, which
67 are especially applicable to the Municipality/City of _____________, shall mean:
68
69 1. Adaptation refers to the adjustment in natural or human systems in response to actual or
70 expected climatic stimuli or their effects, which moderates harm or exploits beneficial
71 opportunities;
72 2. Ecosystems-based adaptation refers to an approach that uses biodiversity and natural
73 ecosystem services as part of a holistic adaptation strategy for people to adapt to the adverse
74 effects of climate change;
75 3. Auxiliary invoice refers to a government document issued by the local government units
76 (LGUs) or their duly authorized representatives prior to the transport of all fish and fishery
77 products from their point of origin to their point of destination in the Philippines and/or export
78 purposes upon payment of a fee to be determined by the LGUs to defray administrative costs
79 therefore;
80 4. C/M/IFARMC refers to the City/Municipal/Integrated Fisheries and Aquatic Resources
81 Management Council as mandated to serve in an advisory capacity to the City/Municipality in
82 accordance with the Philippine Fisheries Code and Fisheries Administrative Order No. 196
83 and FAO 196-1 by the DA-BFAR;
84 5. Buffer zone refers to an area delineated as transition areas to prevent encroachment into the
85 core zones of the MPAs established by the Municipality/City;
86 6. Carrying capacity refers to the maximum, equilibrium number of people, fishing activities
87 and/or mariculture operations that can be supported indefinitely in a given coastal area;
88 7. Climate Change refers to a change in climate that can be identified by changes in the mean
89 and/or variability of its properties and that persists for an extended period, typically decades
90 or longer, whether due to natural variability or as a result of human activity;
91 8. Closed season refers to the period to be declared by the Municipality/City, as supported by
92 traditional and scientific knowledge, during which the taking of specific fishery species using
93 a specified fishing gear is prohibited in a specific area or areas within municipal waters on a
94 specific period of time;
95 9. Compressor refers to a mechanical device used to store and supply compressed air used as
96 breathing apparatus in fishing activities;
97 10. Docking area refers to an area designated by the Municipality/City where municipal fishing
98 boats and vessels are allowed to dock;
99 11. Ecotourism Zone refers to the zone where ecotourism activities, such as beach resorts, dive
100 sites, mangrove areas, coral reefs, caves, and among others, are allowed for recreational
101 diving, sightseeing, swimming, and the like, subject to such guidelines as may be determined
102 by the municipal/city government;
103 12. Exclusive fishery privileges – refers to license issued by the Municipality/City for the use of
104 fixed structures for fishing, such as fish corrals, cages or pens built in designated zones within
105 the municipal waters, subject to such limitations as to size, number of structures, and period
106 of use as may be provided;
107 13. Fishing Gear – refers to any instrument or device and its accessories utilized in taking fish
108 and other fishery species.

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

109 a. Active Fishing Gear refers to a fishing device characterized by the pursuit of the
110 target species by towing, pushing the gears, surrounding, covering, dredging, and
111 scaring the target species to impoundments; such as, but not limited to, trawl, purse
112 seines, Danish seines, paaling and drift gill net;
113 b. Passive Fishing Gear refers to a fishing device that is characterized by the absence of
114 pursuit of the target species; such as, but not limited to, hook and line, fishpots, traps
115 and gill nets set across the path of the fish;
116 14. Fish aggregating device (FAD) refers to a device consisting of a floating raft made of bamboo

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117 and other materials which are anchored by a weighted line with suspended materials such as
118 palm fronds to attract and aggregate pelagic schooling fish species;
119 15. Fishpond Lease Agreement refers to an agreement entered into by and between the Secretary
120 of Agriculture and qualified fishpond applicant for the use of public land for fishpond
121 development purposes for a period of twenty five (25) years;
122 16. Fisher registration refers to the act/process of enlisting fishers for the purpose of determining
123 priorities among them, of limiting entry into municipal waters, and of monitoring activities
124 and/or other purposes;
125 17. Fishery management areas refers to a bay, lake or any other fishery area that may be
126 delineated for fishery resource management purposes as declared by the Municipality/City
127 and under Fisheries Administrative Order No. 263 s. 2019;
128 18. Fishing for daily food sustenance or subsistence fishing refers to the catching/taking or
129 harvesting fish from the wild and the proceeds thereof are consumed directly by the families
130 and kin rather than being bought by intermediaries and sold at the next larger market;
131 19. Gratuitous permit refers to a permit issued to marginal and subsistence municipal fishers free
132 of any charges;
133 20. Municipal waters refers to streams, lakes, inland bodies of water and tidal waters within the
134 municipality which are not included within the protected areas as defined under Republic Act
135 No. 7586 (The NIPAS Law), as amended by RA 11038 public forest, timber lands, forest
136 reserves or fishery reserves, but also marine waters included between two (2) lines drawn
137 perpendicular to the general coastline from points where the boundary lines of the
138 municipality touch the sea at low tide and a third line parallel with the general coastline
139 including offshore islands and fifteen (15) kilometers from such coastline. Where two (2)
140 municipalities/cities are so situated on opposite shores that there is less than thirty (30)
141 kilometers of marine waters between them, the third line shall be equally distant from
142 opposite shore of the respective municipalities/cities.
143
144 ARTICLE II
145 DESCRIPTION OF MUNICIPAL WATERS
146
147 SECTION 4. JURISDICTION OF THE MUNICIPAL/CITY GOVERNMENT. – The
148 municipal/city government shall have jurisdiction over the municipal waters. It shall be responsible
149 for the management, conservation, development, protection, utilization and disposition of all coastal
150 and fishery resources within the municipal waters and water use zones. In the management of
151 Municipal Waters of the City/ Municipality of ______, the LGU shall coordinate with the FARMC,
152 the Fisheries Management Area Management Body of which it is a part, and the National Government
153 to ensure that all implementation is consistent, and have taken into account the national laws and
154 policies relevant to the management of municipal waters and shall enact corresponding ordinances
155 and issue executive orders thereon.
156
157 All ordinances enacted and all executive orders issued by the Municipal/City Government within the
158 National Integrated and Protected Areas System (NIPAS) and the Expanded-NIPAS (E-NIPAS) shall
159 take into account the General Management Plan (GMP) as well as the Protected Area Management
160 Board (PAMB) guidelines, existing national and local laws, and other relevant policies and shall not
161 endanger the sustainability of the coastal and fishery resources, or destroy its ecological balance.
162 Provided that all local fishery-related ordinances and management plans are guided by the resolutions
163 and plans of the Fisheries Management Area (FMA) No. ___, to which the municipality/city is part of.

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164 The municipal/city government, in coordination with the FARMC, the Protected Area Management
165 Office, and other concerned agencies and institutions, shall enforce all fishery and environmental
166 laws, rules and regulations, as well as coastal and fishery resource-related ordinances enacted by the
167 Sangguniang Bayan.
168
169 SECTION 5. TECHNICAL DESCRIPTION OF MUNICIPAL WATERS.- The municipal waters
170 of the Municipality/City of ___________ set in this ordinance shall serve as legal basis in determining
171 the geographic extent of the municipality in the exercise of its taxation power or revenue generation,

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172 law enforcement, resource allocations, and for the sustainable management and utilization of fisheries
173 and aquatic resources. Its municipal water is as follows:

Point Latitude Longitude Remarks

From 1 Coastal Terminal Point

To 2

To 3

To 4

To 5

To 6 Coastal Terminal Point

174
175 The technical map, as certified by the National Mapping and Resource Information Authority
176 (NAMRIA), with coordinates, location of coastal terminal points and joint agreement relative thereto
177 between the Municipalities/Cities of ________ and __________, and _________ are hereby
178 recognized and attached hereto as Annexes “A”, “B”, and “C” which form an integral part of this
179 ordinance.
180
181 SECTION 6. ZONING OF MUNICIPAL/WATERS.- The municipal water of ___________ is
182 hereby zoned following the (number of appropriate major coastal zones), determined complementarily
183 and in harmony with its Comprehensive Land and Water Use Plan (CLWUP) and the zoning
184 ordinance as approved by the Provincial/ or Regional Land Use Plan Committee (PLUC or RLUC) or
185 the Board of Commissioners of the Department of Human Settlement and Urban Development
186 (DHSUD), and in consideration of climate change information as provided by risk and/or
187 vulnerability assessments, if any, without prejudice to additional zones that may later be identified,
188 adjusted, or established wherein amendments in the zoning ordinance must also reflect in this
189 ordinance. Provided, That the coastal zoning map that is formulated and generated as a result of
190 consultation among the stakeholders and validated in the field and attached as Annex ___ is hereby
191 adopted and made an integral part of this ordinance.
192
193 The Municipality/City hereby allocates its municipal waters and coastal areas, as defined under R.A.
194 No. 8550, as amended by R.A. No. 10654, into production, protection, infrastructure and settlement
195 zones along with its sub-zones as appropriate based on the risk assessment, uses and conservation
196 objectives, biodiversity protection and habitat conservation. Provided, that this is subject to further
197 changes and additional zones as may be identified, deemed appropriate and established thereafter:
198
199 SECTION 6.1 PRODUCTION ZONES. The Municipality/City hereby designates areas for
200 multiple uses, such as but not limited to fishing activities, fish traps/cages, fish corral and
201 seaweed farming, other than illegal fishing activities in accordance with the similarly declared
202 zones in the General Management Plan or Fisheries Management Area (FMA) plan, where
203 the municipality/city is part of; Provided that such zones are not designated as marine
204 protected areas and other conservation priority areas.
205

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206 SECTION 6.1.1. Fishing Grounds. It is hereby declared that the foregoing is
207 considered to be fishing grounds of the Municipality/City of ____________________
208
209 Area 1: (Name of Fishing Grounds, Barangay Located, number of hectares)
Point Latitude Longitude
1

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2
3
4
5
210
211 Area 2: (Name of Fishing Grounds, Barangay Located, number of hectares)
Point Latitude Longitude
1
2
3
4
5
212
213 Provided that areas for the following stationary and/or passive gears and/or fishing
214 activity shall be determined by the technical staff of the Municipal/City Agriculturist
215 Office and or with the assistance from a competent individual, organization or
216 agency:
217
218 1. Areas for Fish Corral Construction/Fish Cages
219 2. Areas for Fish Traps and Pots
220 3. Fish Aggregating Devises (nearshore payaos)
221 4. Fry gathering areas
222 5. Gleaning; and
223 6. Other areas deemed appropriate
224
225 SECTION 6.1.2. Policies and Regulations for Fishing Grounds. For the purpose of
226 sustainable utilization and management of the coastal and fisheries resources within
227 this zone, the following policies and regulations are hereby promulgated:
228
229 1. No person shall be allowed to fish in the municipal waters or operate payaos
230 unless he/she complies with the registration and licensing system for fishing
231 operations and activities as specifically provided in this ordinance;
232 2. Only passive gears are allowed in the zone;
233 3. The maximum area to be occupied by one fish corral operator shall be ____
234 meters length, and a maximum of ___ fish corral per operator; Provided
235 further that, the distance of fish corral from one fish corral is ____ meters in
236 alternate pattern and at least ____ meters from the navigating passage;
237 4. Overturning of stones, corals; using of rakes, shovel and in the like in
238 gleaning is strictly prohibited.

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239
240 SECTION 6.1.3. Mariculture/Fishpond Areas. The Municipality/City hereby
241 designates areas for sustainable mariculture and aquaculture activities, such as,
242 seaweed farming, sea cucumber ranching, and the like, subject to such to the
243 guideline set forth in this ordinance. These areas are zoned for the culture and/or
244 growing of fish species and other cultivable marine organisms. Mariculture activities
245 allowed in the zones are the following:
246

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247 1. Erection and construction of fish cages and fish pens;
248 2. Seaweed culture; and
249 3. Culture of other species as may be determined by the municipality.
250
251 Area 1: (Name of Mariculture Area, Barangay Located, number of hectares)
Point Latitude Longitude
1
2
3
4
5
252
253 Area 2: (Name of Mariculture Area, Barangay Located, number of hectares)
Point Latitude Longitude
1
2
3
4
5
254
255 SECTION 6.1.4. Aquaculture Zone. The Municipality/City hereby designates areas
256 for aquaculture zones including brackish fishpond and the like, subject to the
257 guideline set forth in this ordinance. Provided, moreover, that the area for fishpond
258 establishment is located within the coastal barangays of ___________, __________
259 and ______ and lies within the following geographical coordinates:
260
261 Area 1: (Name of Aquaculture Zone, Barangay Located, number of hectares)
Point Latitude Longitude
1
2
3
4
5

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262
263 Area 2: (Name of Aquaculture Zone, Barangay Located, number of hectares)
Point Latitude Longitude
1
2

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3
4
5
264
265 SECTION 6.1.5. Policies and Regulations within the Mariculture/Aquaculture
266 Zone of the Municipality/City of ____________. The M/CAO shall coordinate with
267 DA-BFAR and other relevant institutions for the technical inputs of this section. For
268 the purpose of sound and sustainable aquaculture/mariculture practices, the following
269 policies are hereby promulgated:
270
271 1. All aquaculture/mariculture activities shall conform and comply with the
272 permitting and licensing system established by the municipality as defined in
273 this ordinance;
274 2. A distance of ____ meters shall be established per fish cage or fish pen
275 concession/operator; and ______ meters for each farm for seaweed culture for
276 purposes of free passage and / or navigation. Provided that each operator has
277 one fishing boat;
278 3. A maximum area of ____ sq.m. of fish cages and/or fish pens may be granted
279 to each operator/concession; Provided, however, that the installation or
280 construction of fish cages/fish pens shall not exceed _____ units:
281 4. Accredited people’s organization, registered fisherfolk and qualified residents
282 of ________ shall be given priority in the grant of permits and/or licenses for
283 aquaculture/mariculture activities;
284 5. Expansion or increase in number of cages and pens beyond the area or number
285 allowed by this Ordinance and contained in the license or permit is prohibited;
286 6. Expansion of fishpond areas except for those covered by the existing Fishpond
287 Lease Agreements (FLAs) and/ or application for new fishpond lease
288 agreement is also prohibited; and
289 7. Source of planting stock for seaweeds, fish fries and seed stock of other
290 cultivable organisms should come from an accredited dealer and properly
291 quarantined before stocking and/or reseeding of the the area.
292
293 SECTION 6.2. PROTECTION ZONE. The Municipality/City _______________, in
294 coordination with the M/CFARMC and other agencies and/or organizations, hereby declares
295 Marine Protected Areas (MPAs) as part of the protection zone. This zone is identified and
296 reserved for protection of critical habitats, marine species and organism(s). It includes those
297 protected areas declared before the enactment of this ordinance and those that may later be
298 declared by subsequent ordinances within the following geographic coordinates:
299
300 SECTION 6.2.1. Marine Protected Area/Sanctuary
301 Name of MPA - declared under Municipal Ordinance No. ___, series of _____. The
302 _____ covers an area of ____ hectares and located in Barangay _________,
303 specifically located with the following coordinates:
304

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Core Zone
Point Latitude Longitude
1
2
3

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4
5

Buffer Zone 1
1
2
3
4
5

Buffer Zone 2
1
2
3
4
5
305
306 A.2. Name of MPA - declared under Municipal Ordinance No. ___, series of _____.
307 The _____ covers an area of ___ hectares and located in _____, specifically located
308 with the following coordinates:
309

Core Zone
Point Latitude Longitude
1
2
3
4
5

Buffer Zone 1
1
2
3

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4
5

Buffer Zone 2
1
2

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3
4
5
310
311 Provided, however, that the marine protected areas/sanctuaries of the
312 municipality/city shall have the following zones:
313
314 1. Core Zone
315 2. Buffer Zone
316 3. Navigational Zone as appropriate
317 4. Other zones as deemed necessary
318
319 SECTION 6.2.2. Buffer Zones. The Municipality/City hereby designates areas to be
320 considered as transition areas to prevent encroachment into the core zones of the
321 Marine Protected Area/Sanctuary established by the Municipality/City.
322
323 SECTION 6.2.3. Marking of Zones The Municipality/City shall endeavor to mark
324 the zones identified above with visible marker buoys in order to ensure the
325 management and enforcement efficiency of different sets of rules and regulations in
326 every zone herein established; Provided that the cost and maintenance of buoys shall
327 be the responsibility of the Municipality/City, subject to specific guidelines that may
328 determine the specific body or committee assigned for this purpose; Provided,
329 however, that it shall be unlawful for any person to remove, destroy or otherwise
330 condemn the marker buoys without authority from the Municipality/City; Provided,
331 finally, that any person who shall be found in possession for a period of more than
332 seventy-two (72) hours, after demand for its return thereof, of any lost or detached
333 marker buoys shall be prima facie considered to be in unlawfully in possession of
334 such marker buoys.
335
336 SECTION 6.2.4. Regulations and Policies within the MPAs. The following
337 regulations are hereby promulgated for MPAs:
338
339 1. No MPA shall be declared outside the Protected Area zone;
340 2. Human access and activities are prohibited in the core zone of the marine
341 protected area except for research purposes by duly authorized and issued
342 with corresponding permit;
343 3. Activities within the buffer zones will be limited to hook and line fishing;
344 other fishing gear may be allowed in areas 200 meters of the buffer zone of
345 the MPA; further, tourism activities such as snorkeling, scuba diving and
346 others are allowed only in the buffer zone; navigation is also allowed in the
347 buffer zone;
348 4. A management plan as an operational guide of the MPA shall be formulated
349 in a participatory manner. Such plan shall contain management programs with
350 proposed budgets for the strengthening of the MPA, implementation
351 structure, monitoring and evaluation of activities; and

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352 5. Results of the studies and/or researches conducted by any project, institution,
353 agency, individual, and organization within the marine protected area zone
354 shall be furnished to the Offices of the Municipal Agriculturist, Municipal
355 Environment and Natural Resources Officer and Municipal Mayor.
356
357 SECTION 6.2.5 Other Critical Habitat and Rehabilitation Zone. The
358 Municipality/City hereby includes other critical habitats and rehabilitation
359 zones/fishery reserves that may hereafter be delineated and established in the

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360 Municipality/City as core zone and/or marine mammal/cetacean aggregation and/or
361 migration zones. Based on the resource assessment, LGUs will have to choose
362 appropriate sections that will be included in its Fisheries Code.
363
364 SECTION. 6.2.6. Mangrove and Coral Reef Rehabilitation Area - a considerable
365 mangrove and coral reef areas are located in the coastal barangays of __________,
366 _____________, ___________ and ________, with a total of ___________ hectares.
367 The municipality hereby designates the following sites for mangrove and coral reef
368 rehabilitation with corresponding coordinates.
369
370 Area 1: (Barangay Located, number of hectares)
Point Latitude Longitude
1
2
3
4
5
371
372 Area 2: (Barangay Located, number of hectares)
Point Latitude Longitude
1
2
3
4
5
373
374 SECTION 6.2.6 Regulation and Policies within the Rehabilitation Area. Habitat
375 rehabilitation shall be in accordance with the municipal/city coastal resource
376 management framework or such other framework formulated by the municipality/city
377 specifically for mangrove and coral reef management. Rehabilitation activities shall
378 be guided by the following rules and regulations:
379
380 1. All habitat rehabilitation activities shall be undertaken in the zones specified and
381 identified for such purpose only;
382 2. No habitat rehabilitation shall be undertaken by any person and/or organization
383 without valid permit issued by the MAO or MENRO and by the Municipal
384 Mayor;

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385 3. Fishing with the use of active gears is hereby prohibited within the rehabilitation
386 sites;
387 4. Construction of any kind of establishment within the rehabilitation areas is
388 hereby prohibited.
389
390 SECTION 6.3. TOURISM ZONES. As a policy to promote coastal tourism in the
391 municipality/city, the following areas are hereby designated as tourism areas with their
392 corresponding geographical coordinates:

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393
394 Area 1: (Name of Tourism zone, barangay)
Point Latitude Longitude
1
2
3
4
5
395
396
397 Area 2: (Name of Tourism zone, barangay)
Point Latitude Longitude
1
2
3
4
5
398
399 SECTION 6.3.1. POLICIES AND REGULATIONS WITHIN THE TOURISM
400 AREAS. For the sustainable tourism activities within the tourism areas of the
401 municipality, the following policies and regulations are hereby promulgated:
402
403 1. A study shall be conducted to determine the carrying capacity of all tourism
404 facilities, number of tourists/visitors, and structures to be established to cater to the
405 service needs in a sustainable manner;
406 2. All tourism activities in the tourism zone shall conform with the existing plans and
407 policy framework for eco-tourism development and promotion of the municipality;
408 3. Tourism facilities shall comply with the basic requirements provided in Republic
409 Act No. 9275 especially on the proper construction of comfort rooms and the like
410 structures and the management of wastewater; and the provisions of Republic Act
411 No. 9003 on proper solid waste management;
412 4. No permanent structure shall be constructed within the marine and inland waters
413 of the municipality for tourism – related purposes;
414 5. Fencing of tourism facilities ten (10) meters from the highest tide is prohibited;
415 6. Tourism operators shall apply for accreditation of their tourism facilities to the
416 Municipal/City __________ (indicate the office in-charged).

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417 7. Anchorage and fishing activities is hereby prohibited in the diving sites, provided
418 further that the scuba divers should coordinate to the Office of the municipal
419 mayor and to be assisted by the people’s organization representatives.
420 8. No other activities except for tourism & residences purposes only will be allowed.
421
422 SECTION 6.4. NAVIGATIONAL AREAS. Navigational areas of the Municipality/City of
423 ________ are specified as follows:

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Point Latitude Longitude
1
2
3
4
5
424
425 SECTION 6.5. ANCHORAGE ZONE - Designated anchorage zones of the
426 Municipality/City is situated in name of barangay and located at the following geographical
427 coordinates.
Point Latitude Longitude
1
2
3
4
5
428
429 SECTION 6.6. POLICIES AND REGULATIONS WITHIN THE INFRASTRUCTURE
430 ZONE. To facilitate sustainable management and use of the infrastructure zone, the following
431 policies and regulations is hereby promulgated:
432
433 1. All water crafts more than 16 horse power (Hp) must navigate along designated
434 navigational route; and
435 2. All water crafts more than 16 Hp must anchor at designated anchorage area and
436 docking site.
437 3. Permanent docking of any kind of watercraft in the docking and anchorage area is
438 hereby prohibited;
439 4. No commercial fishing shall be allowed to operate within municipal waters and all
440 commercial fishing vessel traversing the municipal waters shall be required to install
441 a vessel monitoring mechanism in accordance with the General Management Plan, the
442 FMA plan and relevant laws and regulations; Provided, further, That no commercial
443 fishing vessel, including but not related to, Danish Seine and Modified Danish Seine,
444 shall be allowed to enter, dock or anchor on ports, fish landing areas and its
445 immediate vicinity operated, controlled or supervised by the Municipality/City of
446 ________; Provided, finally, That port and fish landing area managers, supervisors
447 and personnel shall enforce port/ landing denial on all fishing vessels using gears or
448 methods classified as Danish Seine, modified Danish Seine and their carriers,
449 including those fish caught by explosives and/or cyanide
450

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451
452 ARTICLE III
453 UTILIZATION, MANAGEMENT, DEVELOPMENT, CONSERVATION AND
454 ALLOCATION SYSTEM OF FISHERIES AND AQUATIC RESOURCES
455
456 SECTION 7. LOCAL CLIMATE AND DISASTER RISK ASSESSMENT. – The municipal/city
457 government shall endeavor to undertake a local Climate and Disaster Risk Assessment (CDRA),
458 which will serve as one of the primary bases in the formulation of the municipal fisheries

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459 development plan, for the purpose of ensuring that the said plan is climate-responsive and adopts
460 ecosystems-based adaptation approach.
461
462 SECTION 8. MUNICIPAL/CITY FISHERIES DEVELOPMENT PLAN.- The municipal/city
463 government shall adopt a municipal/city fisheries development plan (M/CFDP), upon
464 recommendation of the FARMC, which serves as the basis for the management, utilization,
465 development and conservation of its coastal and fisheries resources.
466 The M/C FDP shall be integrated or mainstreamed in the Comprehensive Development Plan (CDP)
467 upon submission to the Local Development Council. The M/CAO, together with the M/C Planning
468 and Development Officer will provide support to the FARMC in the formulation of the said plan and
469 in the submission to the LDC. In accordance with existing laws and regulations, the plan shall be
470 aligned with its updated comprehensive land use plan and local climate change action plan, and in
471 accordance with the NIPAS Act, E-NIPAS Act, R.A. No. 10654 and related laws, the municipal
472 government/city government shall align this plan with the General Management Plan and the FMA
473 plan, of which the municipality/city is part of.
474
475 SECTION 9. USE AND USERS OF MUNICIPAL WATERS.- The municipal waters shall be
476 primarily reserved for municipal fishing activities as defined under this ordinance; Provided, That the
477 grant of preferential rights shall be awarded to any resident and registered municipal fisherfolk or
478 fisherfolk organization/cooperative that will be accredited by the Sanggunian Bayan or Sangguniang
479 Panlungsod through a resolution in accordance with the guidelines and rules as may be issued
480 hereafter; Provided, however, That municipal fishers from adjacent municipalities may be allowed to
481 use the municipal waters after securing fishery license or permit from the municipal/city government,
482 after due consultation with the M/CFARMC and backed by technical study on the status of the
483 municipal waters;
484 Provided, finally, that other activities, such as but not limited to, research and monitoring activities
485 may be allowed under appropriate regulations, for purely research, scientific, technological and
486 education purposes, after due consultations with the M/CFARMC.
487
488 SECTION 10. REGISTRATION AND LICENSING OF MUNICIPAL FISHERS, MUNICIPAL
489 FISHING VESSELS, AND FISHING GEARS.- All municipal fishers, municipal fisherfolk
490 organizations or cooperatives, and municipal fishing vessels fishing and/or operating within the
491 municipal waters of the Municipality/City of _________shall be required to register annually in
492 accordance with existing guidelines and other guidelines and procedures as may be prescribed
493 pursuant to this ordinance.
494
495 The M/CAO will be the lead office of the LGU to process the registration and licensing of municipal
496 fisherfolk, municipal fishing boats and fishing gears. The M/CAO will conduct mobile registration
497 and licensing for far flung barangays, which will be a one stop shop for both registration and licensing
498 with a unified application-based system and application form, that will be developed by M/CAO, after
499 due consultation to the M/CFARMC.
500
501 SECTION 11. BASIC CRITERIA FOR REGISTRATION AND LICENSING. Only the
502 fisherfolk who met the following eligibility criteria shall be allowed to register with the M/CAO or
503 M/CENRO:
504 1. A citizen of the Philippines;

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

505 2. A resident of the municipality/city of _________ for at least 6 months;

506 3. Directly or indirectly engage in fishing activities with or without the use of municipal fishing
507 boats
508 SECTION 12. REGISTRATION AND LICENSING REQUIREMENTS. Applicants for
509 registration and license must submit basic requirements such as the following:
510 1. Duly accomplished unified application form for fisherfolk, boat and gears (see “Annex ___”);
511 2. Community tax certificate;

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512 3. Philippine National Police Clearance, stating, among others, that the applicant is the
513 legitimate owner of same vessel or boat; that the applicant is a bonafide registered fisherfolk;
514 that he/she acquired it by way of purchase or by personally making or building by
515 himself/herself or other person; that the same has never been used, caught or impounded for
516 violation of fishery laws and ordinances; if caught, seized or impounded, the same has been
517 released by the competent authority;
518 4. Certificate of Registration of Accreditation (for organizations, cooperatives, partnership,
519 firms or corporations); and
520 5. Official receipt of payments for necessary fees from the LGU.
521
522 SECTION 13. ISSUANCE OF CERTIFICATE OF FISHERFOLK REGISTRATION. All
523 requirements shall be submitted to and processed by the M/CAO within ____ day/s. Provided that the
524 M/CAO, upon checking and verifying all the documentary requirements and encoding the necessary
525 information to the database, will issue a certificate of fisherfolk registration in the form of a fisherfolk
526 identification card (ID).
527
528 The ID Card will contain basic information such as name, age, barangay, municipality/city of
529 residence and fishing gear type used. It will also bear a control number for monitoring purposes. The
530 ID Card should also bear the seal of the municipality/city and the signatures of the Mayor and the
531 M/CAO.
532
533 SECTION 14 MAINTENANCE AND PUBLICATION OF MUNICIPAL/CITY FISHERIES
534 REGISTRY.- The Municipality/City shall cause the annual publication of the Municipal/City
535 Fisheries Registry by posting of the same in any conspicuous places or bulletin boards in the
536 Municipal/City Hall and/or every coastal barangay as appropriate and/or in its website.
537 SECTION 15. ISSUANCE OF CERTIFICATE OF NUMBER AND BOAT PERMIT TO
538 OPERATE. For purposes of registration as provided for in the preceding Section, the following
539 requirements shall be followed:
540
541 1. The M/CAO shall take action on the application for boat registration simultaneously with the
542 application for fisherfolk registration and gears.
543 2. If, in the review of the supporting documents of the application, the M/CAO found qualified
544 pursuant to foregoing requirements, he/she shall issue the following documents, to be
545 approved by the Mayor:
546  Certificate of Admeasurements (CAD)
547  Certificate of Number (CN)
548  Permit to Operate
549  Motorboat Operator’s License
550 3. The Certificate of Admeasurements shall be issued by the M/CAO only upon
551 recommendation or certification by a personnel of the Municipality/City duly trained as
552 certified to by the Maritime Industry Authority (MARINA) which model form is hereby
553 adopted and hereto attached as Annex ___ and made an integral part of this Ordinance .
554
555 4. The Admeasurements shall be governed by a standard formula as follows:
556 · Metric GT = TL x TB x TD x O.70

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

557 2.83
558 · English GT = TL x TB x TD x O.70
559 100
560 5. The Certificate of Number (CN) shall be issued by the Municipal/City Mayor upon
561 recommendation of the M/CAO and upon payment of the amount of Php _____ to the Office
562 of the Municipal/City Treasurer. It shall indicate alphabetical and numeric codes to
563 distinguish the homeport of the municipal fishing boat. One copy of which shall be furnished
564 to the MARINA by the M/CAO.

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565 6. The Permit to Operate (PTO) shall be issued by the Municipal/City Mayor upon
566 recommendation of the M/CAO after payment of Php ______ to the Office of the
567 Municipal/City Treasurer.
568 7. The Motorboat Operator’s License (MBOL) shall be issued by the Municipal/City Mayor
569 upon recommendation of the M/CAO after payment of Php _____ to the Office of the
570 Municipal/City Treasurer.
571 8. The PTO and MBOL issued shall be good for one year and renewable for another one year,
572 subject to compliance with the registration and licensing requirements of this ordinance.
573
574 SECTION 16. COLOR CODING OF FISHING VESSELS/BOATS. Prior to issuance of permit
575 and license as required above, every fishing vessel/boat owned by any registered fisherfolk of the
576 Municipality/City of _____ three (3) gross tonnage and below shall be painted with ______ for the
577 body of the fishing vessel or boat and _______ for the water line. Further, registered number shall be
578 clearly painted at both sides of the forward part of the fishing vessel.
579
580 SECTION 17. ISSUANCE OF PERMITS AND LICENSES FOR FISHING GEARS. Any
581 person, cooperatives, partnerships, or corporations who are listed in the Registry of Resource Users
582 or Fisher folks may be issued license for fishing gears upon payment of the prescribed fees to the
583 Office of the Municipal/City Treasurer.
584
585 The Municipal/City Mayor shall issue the fishing license subject to the recommendation of the
586 M/CAO; Provided, further, that the Fishery License and/or the permit are non-transferable. The
587 licensee shall agree unconditionally to comply with all the laws, orders, policies, and rules and
588 regulations governing fishing in the municipality. The licensee shall also assume responsibility for
589 any and all of his/her acts in his/her fishing operation. The Municipality/City of ______, through the
590 M/CAO, shall maintain a registry of fishing vessels, boats, type of gears and other fishing
591 paraphernalia.
592
593 SECTION 18. RENEWAL OF PERMIT AND LICENSE. The fishery permits and license issued
594 pursuant to the foregoing provision shall be renewed annually in a manner as prescribed in this
595 ordinance. The permittee shall have ___ days prior to the expiration of the license and permit within
596 which to renew his permit and license.
597
598 SECTION 19. ACTIONS ON THE APPLICATION FOR FISHING GEAR PERMIT. The
599 M/CAO, after conducting the screening and review of the documents in support of the applications,
600 and upon consultation with the FARMC, shall recommend to the Municipal/City Mayor the issuance
601 of the License and/or permit. Otherwise, the M/CAO shall reject the applications and state the
602 reason(s) in writing.
603
604 SECTION 20. GROUNDS FOR REJECTION OF APPLICATION AND RENEWAL FOR
605 PERMIT/LICENSE. The following are the grounds for rejection of an application for a
606 permit/license, to wit:
607
608 1. Fraudulent, false and/or misleading statements in the application;
609 2. Failure to pay the prescribed application fees and fulfill other requirements;

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610 3. The applicant committed an act or acts in violation of this Ordinance or fishery laws and rules
611 and found guilty for either criminal or administrative offense, or such person shall have failed
612 to comply with the conditions set forth in his application for permit or license; and
613 4. Such other instances analogous to any of the foregoing grounds.
614
615 SECTION 21. GROUNDS FOR CANCELLATION OF PERMIT OR LICENSE The following
616 are the grounds for the cancellation of permit/License, to wit:
617

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618 1. Fraudulent, false and/or misleading statements in the application;
619 2. Failure to comply with the provisions of existing national laws and local ordinances;
620 3. Construction and operation of fish pen or fish cage outside of designated areas;
621 4. Abandonment and non-operation of the for 60 days and/or lack of interest of the permittee to
622 continue;
623 5. Failure to pay the necessary fees and other surcharges relative thereto;
624 6. Non-construction of fish pen or fish cage within 60 days from the date of issuance of the
625 permit to construct and operate;
626 7. The applicant committed an act or acts in violation of this Ordinance or fishery laws and rules
627 and found guilty for either criminal or administrative offense, or such person shall have failed
628 to comply with the conditions set forth in his application for permit or license; and
629 8. Such other instances analogous to any of the foregoing grounds.
630

631 SECTION 22. SCHEDULE OF FISHERY LICENSES, FEES, AND PERMITS. Privilege to
632 occupy, produce, culture, capture or gather fish of any marine species or fishery products may be
633 granted only upon payment of the corresponding fishery registration and license fees provided as
634 follows:
635
636 I. Fishing Vessel Registration Fee. – There shall be collected the following registration
637 fees from the owner of each fishing vessel of three (3) gross tons and below being
638 operated within the municipal waters of this Municipality:
639

TYPE OF FISHING VESSEL STANDARD FEES

A. Non-motorized
Boat P _______
Flat Boat P _______
B. Motorized
Below one (1) GT P _______
One (1) GT → Below 2 GT P _______
2 GT → 3 GT P _______
640
641 II. Municipal Fishing License Fees. – The municipal fishing license shall be granted to
642 each registered municipal fisher upon payment of the corresponding municipal license
643 fees at a rate not exceeding those fixed hereunder.
644

TYPE OF ACTIVITY STANDARD FEES

A. For Using Nets, or Other Similar Gears
License Fee for Each Type of Gear None

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

B. For Using Traps

License Fee for Each Type of Trap P _______
C. Other Means of Capture
Spear Fishing or “pamana” without None
compressor

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Hook and Line None
Pangnukos None
Gathering of Sea Cucumbers/ Seaweeds None
D. For Construction and Operation of Fish Pens or Corrals
Less than 3 meters deep ____________P ________
3 meters deep but less than 8 meters deep ____________P ________
8 meters deep but less than 10 meters deep ____________P ________
E. For the use of payaos ____________P ________
F. For Construction and Operation of Fish ____________P _______
Ponds
G. Oyster and Other Mollusk Culture Beds _________P ______ per ½ ha
H. For Operation of Prawn, Fish Pens _________P ______ per ½ ha
I. For Construction and Operation of Fish Cage __________P ______ per cage
J. For Construction and Operation of Seaweed_________P ______ per ¼ ha
Culture Farm
645
646 SECTION 23. SCHEDULE OF OTHER FEES.- For the use and access to the coastal and fisheries
647 resources within its municipal waters, the Municipality/City shall require the following:
648 1. Accreditation and registration of tourist operators, including dive guides and other
649 professionals – All dive guides, instructors, dive masters, ‘spotters’, and the like who are duly
650 certified SCUBA divers practicing their trade in the Municipality/City shall be required to
651 seek accreditation and registration in the Municipality/City by presenting proof of
652 certification as dive professionals from reputable international or domestic accreditation
653 groups upon the payment of the following annual fees: Filipino dive instructors/ dive masters
654 (Php _______); foreign national dive instructors/ dive masters (Php _____). Foreign national
655 dive professionals should present proof that they are residents of and allowed to work in the
656 Philippines before they can be accredited. In addition to the above fees, any person or entity
657 that will engage in commercial filming or sound recording, shall be required to register, pay a
658 recording fee of Php ______and provide a copy of the videotape or sound recording to the
659 Municipality/City.
660 2. Accreditation and registration of commercial establishments/resorts – all commercial
661 establishments and/or resorts shall be required to seek accreditation and registration of their
662 commercial activities within the coastal and marine areas subject to the payment of a fee of
663 Php _______ per year.
664 3. Conservation Fee - A fee of Php________ shall be collected daily from any person using the
665 coastal and marine resources of the Municipality/City whether for swimming, snorkeling, or
666 any other leisure activity; Provided, That municipal/city residents who can present

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

667 identification as such are exempted from such fee unless they avail of private resort facilities
668 in which case they shall also be charged conservation fees.
669 4. Diver’s Fee – All divers, whether undertaking an introductory dive or otherwise, using the
670 coastal and marine resources of the Municipality/City are required to pay Php_____ per
671 diving day, or opt to pay PhP ______ for unlimited dive days in a given year.
672 5. Mooring and Terminal Fees. All vessels based in the Municipality/City which are owned or
673 operated by a registered business entity, over three gross tons is required to pay a berthing fee
674 of P______ per gross ton per week when anchoring, mooring, berthing or docking in any part

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675 of the municipal waters; Provided, That a fraction of a week shall be considered one week.
676 Passengers entering the terminal or alighting from vessels docking or berthing in ports owned
677 by the Municipality/City shall pay a fee of P_____ per person for the use of the port facilities.
678 Upon recommendation of the M/CFARMC, all academic and/or research institutions and other related
679 groups which intend to undertake research and monitoring within the coastal area and municipal
680 waters of ____________ shall be required to secure permit from the Municipal/City Agriculturist
681 Office (MAO) to conduct academic research subject to the terms and conditions as may be provided
682 in the implementing rules and guidelines; Provided, That all research outputs shall be submitted to the
683 Municipality within one year from completion or publication.
684
685 The Municipality/City shall collect the aforementioned as well as other fees for the use of the coastal
686 and fisheries resources within its municipal waters according to the Schedule of Fees, as follows:
687
688 Accreditation and Registration Fees
689

TYPE OF ACTIVITY STANDARD FEES

A. Tourist operators (including dive professionals)
Filipino dive professionals P _________ per year
Foreign dive professionals P _________ per year
Commercial filming/recording P _________
B. Commercial establishments or resorts P _________ per year
C. Conservation Fee P _________
D. Diver’s Fee P _________
E. Mooring Fee P _________
F. Terminal Fee P _________
690
691 Upon recommendation of the M/CFARMC, and approval of the Mayor, the fees herein may be
692 increased biennially at a maximum of 10%, without need for new legislation. The conservation,
693 diver’s and mooring fees above may be collected by the management of accredited resorts; Provided,
694 that they have purchased pre-paid passes from the M/CAO.
695
696 SECTION 24. LICENSE TO OPERATE FISH TRAPS, PENS OR CORRALS, FISH CAGES,
697 AND OTHER FACILITIES FOR THE CULTURE OF FISH AND OTHER FISHERY
698 PRODUCTS.- All operators or owners of fish traps, pens or corrals, fish cages, and other facilities
699 for the culture of fish and other fishery products shall be required to secure a license to operate such
700 aquaculture and/or mariculture facilities, and pay the appropriate fees in accordance with schedule in
701 Section ___ hereof; Provided, That such fees shall be subject to amendment in consultation with the
702 M/CFARMC.
703

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704 ARTICLE VI
705 THE FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCIL (FARMC)
706
707 SECTION 25. THE MUNICIPAL/CITY FISHERIES AND AQUATIC RESOURCES
708 MANAGEMENT COUNCIL (M/CFARMC). The FARMC is established to institutionalize the
709 major role of the fisherfolk and other resource users in the planning and formulation of policies and
710 programs for the management, conservation, protection and sustainable development of fisheries and
711 aquatic resources.

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712
713 SECTION 26. BARANGAY FARMC. A BFARMC shall be created in every coastal barangay, in
714 accordance with Sec. 14 of FAO No. 196, and shall serve an advisory capacity to the C/M FARMC.
715 Based on FAO No. 196, the following shall be the members:
716
717 1. Chairperson of the Sangguniang Barangay Committee of Agriculture/ Fisheries;
718 2. Representative from the Barangay Development Council;
719 3. Representative from the accredited NGO;
720 4. Representative from the private sector; and
721 5. At least eight (8) representatives of the fisherfolk/ fish workers including the youth and
722 women sectors.
723
724 SECTION 27. TENURE, MEETING AND COMPENSATION. The M/C and Barangay FARMC
725 members shall serve for three (3) years, with election of officers conducted every three (3) years. The
726 election process will be facilitated by the M/CAO. The FARMC shall hold regular meeting every two
727 months and may hold especial meeting whenever necessary. Funds for the FARMC operations shall
728 be sourced out from the budget of the M/CAO and the DA-BFAR.
729
730 ARTICLE IV
731 COASTAL AND FISHERIES RESOURCES MANAGEMENT STRATEGIES
732
733 SECTION 28. FISH AGGREGATING DEVICE USE.- The Municipality/City shall strictly
734 regulate the installation and use of fish aggregating devices, locally known as ‘payaos’, and other fish
735 attracting devices that may be developed within its municipal waters; Provided, however, that in no
736 case shall such fish aggregating device be installed within marine protected areas and distance from
737 MPAs shall be recommended by the M/CFARMC in consultation with the DA-BFAR and academic
738 institutions.
739
740 No operator or owner of commercial fishing vessels shall be allowed to invest in, use and/or utilize
741 such fish aggregating device within the municipal waters; Provided, finally, that the Municipality/City
742 shall not allow any person to install more than one fish aggregating device at any time.
743
744 SECTION 29. FISH CATCH DOCUMENTATION. The Municipality/City of _______ requires all
745 registered fisherfolk and fish traders, to submit fish catch data to the M/CAO in a manner that is
746 agreed upon by the stakeholders and in consultations with the M/CFARMC. The M/CAO shall
747 coordinate with the DA-BFAR for technical support.
748
749 SECTION 30. WATER QUALITY MANAGEMENT.- The Municipality/City, in coordination
750 with the M/CAO and/or M/CENRO, shall undertake to ensure the management of water resources and
751 its quality in its municipal waters. The M/CAO in coordination with the M/CENRO shall conduct
752 regular monitoring and evaluation of the status of the water quality in coordination with the DENR
753 and other appropriate agencies/institutions.
754
755 SECTION 31. SUPPORT TO MUNICIPAL FISHERS.- The Municipality/City, in coordination
756 with appropriate agencies and institutions, shall provide budgetary allocation and other forms of
757 support to municipal fishers and/or fisherfolk organizations or cooperatives through appropriate

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758 technology and research, credit, production and marketing assistance and other services, such as, but
759 not limited to, trainings for alternative or supplementary livelihoods.
760
761 ARTICLE V
762 POST-HARVEST FACILITIES AND ACTIVITIES
763
764 SECTION 32. ESTABLISHMENT OF POST-HARVEST FACILITIES.- The Municipality/ City
765 shall coordinate with the M/CFARMC, private sector and other concerned agencies in the

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766 establishment of post-harvest facilities such as, but not limited to, municipal ports, municipal or
767 community fish landing sites, ice plants, cold storage and other fish processing establishment to serve
768 primarily the needs of the municipal fishers.
769
770 SECTION 33. CONSTRUCTION AND MANAGEMENT OF MUNICIPAL/CITY FISH
771 PORTS.- The Municipality/City shall coordinate with the Philippine Fishport Development Authority
772 (PFDA) in the construction and management municipal fish ports in areas that are designated in their
773 Coastal and Fisheries Resources Management Plan and in accordance with the General Management
774 Plan and the FMA plan. Such municipal fish ports shall be designed in a manner that the water quality
775 parameters, such as salinity, temperature, dissolved oxygen, bathymetry, and the like, shall be taken
776 into consideration; Provided, That such municipal/city fish ports and facilities shall secure the
777 necessary permits and environmental compliance certificate as required by existing environmental
778 laws and regulations.
779
780 SECTION 34. AUXILIARY INVOICE. - All fish and fishery products must have an auxiliary
781 invoice to be issued by the Municipality/City through the Municipal/City Agriculturist Office prior to
782 their transport to and/or from their point of origin within the municipality from and/or to their point of
783 destination in the Philippines, including those for export purposes upon payment of the prescribed fee
784 to be determined in the implementing rules and regulations in order to defray administrative costs
785 therefor; Provided, that the municipal/city government, in the issuance of such auxiliary invoices for
786 the transport of fish and fishery products, must provide a monthly summary thereof to the Provincial
787 Fisheries Office.
788
789 No auxiliary invoice shall be issued to culture pearls, products transported or unloaded by Philippine
790 Registered fishing vessels, products caught or gathered in violation of fisheries laws or declared as
791 health hazard. The Municipality/City shall ensure that no fish caught through the use of explosives
792 shall be issued an auxiliary invoice; Provided, finally, That the LGU personnel authorized to issue
793 Auxiliary invoice shall also undergo the mandatory training on the detection of fish caught through
794 the use of explosives.
795
796 ARTICLE VI
797 ADMINISTRATION AND MANAGEMENT
798
799 SECTION 35. FUNCTIONS OF M/CAO IN FISHERIES MANAGEMENT. As responsible for
800 the management, conservation, development, protection utilization, and disposition of all fish and
801 fishery/aquatic resources within the municipal waters of _______, the LGU through its M/CAO, and
802 in coordination with the Municipal Planning and Development Office (MPDO), and/or M/CENRO,
803 and other relevant offices shall have the following functions:
804
805 1. Assist in the organization and reorganization of FARMCs;
806 2. Prepare and implement its Municipal Fisheries Development Plan, in consultation with the
807 M/CFARMC;
808 3. Issue licenses for the operation of municipal fishing vessels, in coordination with the
809 Business Permit and Licensing Office (BPLO);
810 4. Issue certificate of number to all the registered municipal fishing vessels, in coordination
811 with the Business Permit and Licensing Office (BPLO);

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812 5. Issue certificate of fisherfolk registration cards to registered fisherfolk engaged in municipal
813 fishing;
814 6. Grant privileges to erect fish corrals, oyster mussels or other aquatic beds or bangus fry
815 areas.
816 7. Grant privileges to gather or catch bangus fry, prawn fry, or fry of other species.
817 8. Authorize the establishment and operation of ferries, wharves, and other structures, also
818 included are marine and seashore activities intended to accelerate production, and
819 9. Regulate the preparation and sale of fish for public consumption

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820 10. Establish and maintain data base system or Comprehensive Information System;
821 11. Provide extensive development support services in all aspect of fisheries production,
822 processing and marketing;
823 12. Coordinate with BFAR in the provision and technical assistance on the improvement of
824 quality of fish from the time it is caught (i.e. on board fishing vessel, at landing areas, fish
825 markets, to the CFLC and to the distribution and marketing chain);
826 13. Coordinate efforts relating to fishery production undertaken by the primary fishery
827 producers, BFAR, FARMCs and other fishery organizations/cooperatives.
828 14. Maintenance of proper sanitation and hygienic practices in fish markets and fish landing
829 areas;
830 15. Coordinate with BFAR, DILG and other related agency for the efficient monitoring, control
831 and surveillance of fishing activities within Philippine territorial waters and provide the
832 necessary facilities, equipment and training therefor;
833 16. Coordinate with the DILG Regional Offices in the reporting and submission of the Fisheries
834 Compliance Audit (Fish CA);
835 17. Implement an inspection system for all fishery/aquatic products, consistent with
836 international standards to ensure product quality and safety;
837 18. Coordinate with BFAR and other concerned agencies for the establishment of productivity
838 enhancing and market development programs in fishing communities to enable women to
839 engage in other fisheries/economic activities and contribute significantly to development
840 efforts;
841 19. Enforce all laws, formulate and enforce all rules and regulations governing the conservation
842 and management of fishery resources within municipal waters, and to settle conflicts of
843 resource use and allocation in consultation with the M/CFARMC;
844 20. Develop value-added fishery-products for domestic consumption and export;
845 21. Assist the LGUs in developing their technical capability in the development, management,
846 regulation, conservation, and protection of the fishery resources;
847 22. Adopt an appropriate monitoring, control and surveillance and traceability system for
848 municipal fishing vessels supplying exporters with concurrence of the local government
849 units;
850 23. Perform such other related functions which shall promote the development, conservation,
851 management, protection and utilization of fisheries and aquatic resources.
852
853 SECTION 36. ROLE OF BARANGAYS.- In the implementation of fisheries management
854 programs of the Municipality/City, the Barangays shall provide complete and total support, and shall
855 coordinate or assist endeavors on of the city or municipality. The Barangay shall be tasked with the
856 following powers and responsibilities:
857
858 1. Assist in the organization and reorganization of BFARMCs
859 2. Coordinate and/or participate in the preparation and implementation of the Municipal
860 Fisheries Development Plan;
861 3. Maintain proper sanitation and hygienic practices in fish markets and fish landing areas and
862 in the barangay through the full enforcement of R.A. No. 9003, the Ecological Solid Waste
863 Management Act and pertinent city/municipal ordinances;
864 4. Formulate and enforce all rules and regulations governing the conservation and management
865 of fishery resources within municipal waters, and to settle conflicts of resource use and
866 allocation in consultation with the MFARMC; and

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867 5. Perform such other related functions which shall promote the development, conservation,
868 management, protection and utilization of fisheries and aquatic resources.
869
870 ARTICLE VII
871 COASTAL LAW ENFORCEMENT (CLE)
872
873 SECTION 37. CREATION OF THE CLE TEAM: ITS COMPOSITION, POWERS AND
874 FUNCTIONS.- A Municipal/City Coastal Law Enforcement Team is hereby created and shall be

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875 composed of the following:
876 1. Municipal/City Agriculturist Officer and/or Municipal/City Environment and Natural
877 Resources Officer;
878 2. Municipal/City Disaster Risk Reduction and Management Officer;
879 3. Deputized Bantay Dagat (fish wardens);
880 4. M/CFARMC;
881 5. Philippine National Police and;
882 6. DA-BFAR;
883 7. Philippine Coast Guard (whenever applicable).
884 8. Civil society sector representative (optional or whenever applicable).
885
886 It shall perform the following functions and responsibilities:
887 1. Implement the penal provisions of the Ordinances as well as fisheries laws, rules and
888 regulations;
889 2. Undertake various strategic operations, such as, but not limited to, seaborne, land-based,
890 market-denial, checkpoints, against illegal, unreported and unregulated fishing;
891 3. Formulate and implement operations plans for the purposes of preventing, arresting and
892 apprehending, searching, prosecuting, among others, against fisheries law violations;
893 4. Coordinate with the Protected Area Office and/or Protected Area Superintendent in protected
894 areas to ensure the effective enforcement of protected area and other environment laws and
895 regulations;
896 5. Act as complainant and whenever necessary, act as witnesses, in any suit, including citizen’s
897 suits, that are filed for any violation of fisheries, protected area and other environmental laws
898 and regulations;
899 6. Conduct boarding and inspection in fishing boats operating inside municipal waters;
900 7. Improve capacities for law enforcement through trainings, seminars, workshops and meetings;
901 8. Collaborate with stakeholders for capacity training;
902 9. Perform such other functions as may be necessary and prescribed by laws, rules and
903 regulations.
904 SECTION 38. DEPUTATION OF BANTAY DAGAT/PARK RANGER.- No person shall be
905 deputized as Bantay Dagat (Fish warden) or Park Ranger unless he or she has completed a
906 comprehensive training course for Bantay Dagat or Park Rangers as prescribed by the Department of
907 Environment and Natural Resources (DENR) and/or BFAR. After the completion of such training
908 course, the Municipal/City Mayor and/or DENR shall issue a certificate of deputation and
909 identification cards to each deputized Bantay Dagat/Park Ranger.
910
911 ARTICLE VIII
912 PROHIBITIONS AND PENALTIES
913
914 SECTION 39. ENFORCEMENT OF FISHERY LAWS, RULES AND REGULATIONS. The
915 Municipality/City shall assist in the enforcement against prohibited acts or omissions as provided in
916 the Philippine Fisheries Code (Republic Act 8550, as amended by Republic Act 10654), Philippine
917 Wildlife Act (Republic Act 9147), and other environmental laws. The rules and regulations under the
918 NIPAS Act and E-NIPAS Act and those identified by the PAMB and by the FMA Management Board

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

919 shall likewise be deemed included in the list of prohibited acts herein. In addition to these acts, the
920 following are considered as offenses against this ordinance:
921 1. Undertaking activities that would cause damage to the resources within the various zones as
922 identified in Section 6 hereof;
923 2. Removing, damaging or stealing marker buoys established in accordance with Section 7.2
924 hereof;
925 3. Fishing and/or operating in municipal waters by municipal fishers, municipal fisherfolk

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926 organizations or cooperatives, and municipal fishing vessels without registration, including
927 those in adjacent municipalities, in violation of Section 10 hereof;
928 4. Operating municipal fishing vessels in municipal waters without complying with the color
929 and letter coding as an identification scheme in violation of Section 16 and Section 17 hereof;
930 5. Fishing without observing the number, size or length of fishing gears per fisherfolk as may be
931 imposed by the Municipality/City in violation of Section 18 hereof;
932 6. Acting or practicing trade as dive guides, instructors, dive masters, ‘spotters’, and the like
933 without securing the necessary accreditation and registration in violation of Section 24 hereof;
934 7. Operating commercial establishments and/or resorts without the necessary accreditation and
935 registration of their commercial activities in violation of Section 24 hereof;
936 8. Using the coastal and marine resources of the Municipality/City whether for swimming,
937 snorkeling, or any other leisure activity without the payment of the necessary conservation fee
938 in violation of Section 24 hereof;
939 9. Anchoring, mooring, berthing or docking in any part of the municipal waters by any vessel
940 without the payment of the necessary fees, or non-payment of terminal fees in violation of
941 Section 24 hereof;
942 10. Using and/or utilizing fish aggregating device or “payao” by any operator or owner of
943 commercial fishing vessels, installing fish aggregating device outside the designated areas, or
944 installing more than the required number of fish aggregating device in violation of Section 37
945 hereof;
946 11. Failure to report their catch in violation of Section 38 hereof;
947 12. Fishing in areas declared as overfished areas by the Municipality/City in violation of Section
948 39 hereof;
949 13. Operating aquaculture and/or mariculture facilities or undertaking aquaculture and/or
950 mariculture activities in violation of the prescribed guidelines or failure to meet the minimum
951 standards in violation of Section 44 hereof;
952 14. Failure to register or secure a license to operate aquaculture and/or mariculture facilities by
953 operators or owners of fish traps, pens or corrals, fish cages, and other facilities for the culture
954 of fish and other fishery products in violation of Section 44 hereof;
955 15. Obstructing navigational routes or defined migration routes in violation of Section 46 hereof;
956 16. Constructing or operating municipal/city fish ports and facilities without the necessary
957 permits and environmental compliance certificate as required by existing environmental laws
958 and regulations in violation of Section 48 hereof;
959 17. Transporting of fish and fishery products without the necessary auxiliary invoice in violation
960 of Section 51 hereof.
961 SECTION 40. USE OF COMPRESSORS. It shall be unlawful for any individual who is engaged in
962 fishing activities to use or cause to be used a compressor as a breathing apparatus for fishing
963 activities. The discovery of a compressor in a fishing boat or vessel while engaged in fishing activities
964 shall constitute a prima facie evidence that the boat operator, fish worker or the person on board that
965 boat or vessel will use the same.
966
967 SECTION 41. NON-COMPLIANCE WITH VESSEL MONITORING MEASURES (VMM)
968 TRANSITING, ANCHORING AND/OR DOCKING IN PUBLIC OR PRIVATE PORTS
969 INSIDE MUNICIPAL/CITY WATERS. For purposes of monitoring commercial fishing vessels
970 within municipal waters, all commercial fishing vessels transiting, anchoring and/or docking in public
971 or private ports inside the municipal/city waters of this Municipality/City are required to install a

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

972 VMM device on their fishing vessel within a period of 6 months from the effectivity of this
973 Ordinance. Such VMM device shall be that which required by and defined in Fisheries Administrative
974 Order 266, series of 2020. It shall be unlawful to transit, anchor and/or dock in private or public ports
975 inside municipal/city waters without complying with the VMM requirement. It shall also be unlawful
976 to intentionally tamper with, switch off or disable the VMM device. The discovery of any person
977 operating a commercial fishing vessel inside municipal/city waters without any VMM device or
978 having inoperable units shall constitute a prima facie presumption that the person is not in compliance
979 with this provision.

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980
981 SECTION 42. PENALTIES. All above-mentioned offenses shall have uniform penalties depending
982 on the frequency of the commission of the offense:
983
984 1. First Offense: Fine ranging from P500.00 but not more than P1,000.00 at the discretion of the
985 Court.
986 2. Second Offense: Fine ranging from P1,000.00 to P2000.00 or imprisonment for 10 days but
987 not more than 1 month or both at the discretion of the Court.
988 3. Third Offense: Fine ranging from P2,000.00 but not more than P2,500.00 or imprisonment
989 for 1 month and 1 day but not more than 2 months or both at the discretion of the Court.
990
991 Any fisherfolk who had been found guilty for more than three (3) times of one (1) or a combination of
992 two (2) or more offenses herein listed shall no longer be eligible to avail of administrative
993 adjudication allowing payment of fines. Instead, he/shall be prosecuted criminally and be made to pay
994 the maximum penalty of fine and imprisonment. Provided, That in case of failure to pay the fine the
995 violator shall be required to render community service equivalent to his penalty computed at P100.00
996 per day. Provided, further, That the Municipal/City Adjudication Board (M/CAB) in the exercise of
997 its power may impose the penalty of fine to offenders who are willing to plead guilty to the offense
998 and express willingness to pay the fines as hereinabove stated.
999
1000 SECTION 43. OTHER VIOLATIONS.- In addition to the previous section, the following acts or
1001 omissions are likewise prohibited:
1002
1003 1. Taking of any animal, plant or abiotic element of the ecosystem within the MPAs, except for
1004 scientific purposes and under a permit issued by the Municipality and appropriate national
1005 government agencies;
1006 2. Ferrying or providing services to divers without a Dive Pass or with a tampered or blank dive
1007 pass, provided that in every case, the boat captain shall be held liable for violation of this
1008 provision; and
1009 3. Building of any structures from the no-build zone and beyond (seaward), except for
1010 temporary floating piers, boat ramps, safety buoys and the like, that do not obstruct the
1011 passage of people and boats.
1012 ARTICLE IX
1013 GENERAL PROVISIONS
1014
1015 SECTION 44. FINANCING AND SOURCES OF FUNDS.- The Municipality/City shall ensure the
1016 annual allocation of budget for the implementation of this Ordinance, including specific budget
1017 allocations for the activities of the FARMCs, and coastal law enforcement reflecting regular benefits
1018 and remuneration of Bantay Dagat/Park Rangers, among others. For this purpose, the amount of
1019 ______________ is hereby appropriated yearly to support the implementation of this Ordinance.
1020
1021 SECTION 45. CREATION OF SPECIAL TRUST FUND.- There is hereby created a Special Trust
1022 Fund which shall be the repository for all the monies received, including the share in the registration
1023 fees, fishery license/permit fees and charges, donations or endowments, fines and penalties, and other
1024 amounts as a consequence of the implementation of this ordinance. It shall be administered by the
1025 Municipality as a special account in any government financial institution. For this purpose, the
1026 Municipality/City hereby adopts a revenue sharing scheme, as follows:

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

1027 · Forty percent (40%) for the Municipality,

1028 · Thirty percent (30%) for the Barangays,
1029 · Thirty percent (30%) for the fisheries management operations.
1030
1031 SECTION 46. EXERCISE OF OVERSIGHT FUNCTION.- The Sangguniang Bayan shall hereby
1032 exercise its inherent oversight function pertaining to the use of the aforementioned budgetary
1033 allocation for the implementation of the coastal and fisheries resources management programs and

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1034 strategies by the executive department pursuant to this Ordinance.
1035
1036 SECTION 47. IMPLEMENTING RULES AND REGULATIONS.- A Technical Working
1037 Committee is hereby created to formulate rules and regulations for the full implementation of this
1038 Ordinance within sixty (60) days of its effectivity: Provided, however, that the formulated rules and
1039 regulations, after due consultations to FARMCs, shall be submitted to the Municipal/City Mayor who
1040 shall issue an Executive Order for the purpose of adopting such implementing rules and guidelines.
1041 Such rules and regulations shall take effect upon publication or posting in the Municipal/City Hall and
1042 in public places as identified in the said Order.
1043
1044 SECTION 48. SEPARABILITY CLAUSE.- If any provision of this Ordinance be declared
1045 unconstitutional or invalid, the other provisions thereof not affected shall remain valid and
1046 enforceable.
1047
1048 SECTION 49. TRANSITORY PROVISION.- All existing laws, rules, regulations, executive orders
1049 not inconsistent with this Ordinance shall remain operative until amended, repealed, or revoked.
1050 Towards this end, the incumbent members of the officers and appointed officials within the bodies
1051 which are amended or repealed by this Ordinance shall continue in office until such time as the duly
1052 appointed members and officers of such bodies have been appointed and taken their oath of office.
1053
1054 SECTION 50. REPEALING CLAUSE.- All ordinances, executive orders, rules and regulations or
1055 parts thereof whose provisions are inconsistent to this Ordinance are hereby repealed.
1056
1057 SECTION 51. MANDATORY LEGISLATIVE REVIEW.- The Sangguniang Bayan/Sangguniang
1058 Panlungsod shall undertake the mandatory legislative review of this Ordinance at least once every
1059 three (3) years or as often as may be deemed necessary, to ensure that the policies, programs and
1060 strategies will remain responsive to changing circumstances in the Municipality.
1061
1062 SECTION 52. EFFECTIVITY CLAUSE.- This Ordinance shall take effect immediately after
1063 compliance with the posting and publication requirement pursuant to Section 59 of Republic Act No.
1064 7160, otherwise known as the Local Government Code of 1991.
1065 APPROVED by the Sangguniang Panlungsod/Bayan of _____________ this ____ day of ___,
1066 ___________.
1067
1068 CERTIFIED CORRECT:
1069
1070 ___________________________
1071 SP/SB Secretary
1072 ATTESTED BY:
1073
1074 ____________________________________
1075 Vice-Mayor & Presiding Officer
1076
1077
1078 APPROVED:
1079
1080 _______________________________

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 ANNEX A: TEMPLATE FISHERIES ORDINANCE (BASIC VERSION)

1081 Mayor

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