CITY ORDINANCE NO.2010-160
Series of 2010
“AN ORDINANCE FOR THE ESTABLISHMENT AND MANAGEMENT
OF THE ISLAND GARDEN CITY OF SAMAL MARINE PROTECTED
AREAS (MPAs) AND PROVIDING FUNDS THEREOF”
Be it ORDAINED, by the Sangguniang Panlungsod, Island Garden City of Samal, that:
Explanatory Note:
It is a policy of the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. It is clearly provided in RA 7160, otherwise known as the Local Government Code of 1991 that local government units shall ensure and support, among other things, the right of the people to a balanced ecology;
Republic Act No. 8550, also known as The Philippine Fisheries Code of 1998, provides for the development, management and conservation of the fisheries and aquatic resources and integrates all laws pertinent thereto;
Section 16 of Republic Act No. 8550 provides that the municipal/city government shall have jurisdiction over municipal/city waters as defined therein, and that the municipal/city government may, in consultation with the Fisheries and Aquatic Resources Management Councils (FARMC), enact appropriate ordinances for the said purpose. It is also provided in same section of the Republic Act No. 8550 that the LGU shall enforce all fishery laws, rules and regulations as well as valid fishery ordinances enacted by the municipal/city council;
Rule 16.3 of the IRR (of R.A. No. 8550) provides that the municipal/city government shall enact, in consultation with the Bureau of Fisheries and Aquatic Resources (BFAR) and the Department of Environment and Natural Resources (DENR), special fishery ordinances, such as but not limited to declaring special demarcated fishery areas, closed season and environmentally critical areas and sanctuaries consistent with the provision of R.A. No. 7586 or the National Integrated Protected Areas System (NIPAS) Act relative to the definition of zones;
ARTICLE I
Title of the Ordinance
Section 1. Short Title. This Ordinance shall be known as “The Island Garden City of Samal Marine Protected Areas (MPA) Ordinance of 2010.”
ARTICLE II
DECLARATION OF POLICY
Section 2. Declaration of Policy. – It is hereby declared the policy of the City:
a. To achieve food security as the overriding consideration in the utilization, management, development, conservation and protection of the coastal, marine and fishery resources;
b. To ensure ecological balance and quality of the environment through a rational and sustainable development, management and conservation of the City’s coastal, marine and fishery resources appropriately supported by research, technical services and resources;
c. To promote active public support (to include community, business, non-government organizations, people’s organizations, academe, media, religious, among others) and participation in the integrated coastal, marine and fisheries management including areas with natural aesthetic scenery.
ARTICLE III
DEFINITION OF TERMS
Section 3. Definition of Terms. As used in this Ordinance, the following terms are defined as follows:
1. Buffer Zones – are delineated areas surrounding and immediately adjacent to the core zone of the MPA intended for its protection;
2. City Waters – shall mean municipal waters as defined under R.A. 8550 which includes not only streams, lakes, inland bodies of water and tidal waters within the municipality/city. These waters are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law);
3. Coastal Areas/Zone – is a band of dry land and adjacent ocean space (water and submerge land) in which terrestrial processes and uses directly affect oceanic processes and uses and vice versa; its geographic extent may include areas within the land mark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobath to include coral reefs, algae flats, seagrass beds and other soft bottom areas. (RA 8550, Philippine Fisheries Code)
4. Coral Reef – refers to the natural aggregation of coral skeleton, with or without living coral polyps, occurring in intertidal and subtidal marine waters. (RA 8550, The Philippine Fisheries Code of 1998)
5. Core Zone – refers to the “no-take-zone” area, where all fishing and/or any related activities are not allowed except for regulated research and monitoring. (Philippine Coastal Management Guide Book Series no. 5 page 78)
6. Demarcated Areas – are boundaries defined by markers and assigned exclusively to specific individual or organization for certain specified and limited uses. (RA 8550, The Philippine Fisheries Code of 1998)
7. Ecosystem – is an assemblage of the living and non-living entities interacting with their physical environment so that the energy, the material flow and the unit as a system may attain a degree of stability. (Graham, 2000)
8. Endangered, Rare and/or Threatened Species – refer to aquatic (and terrestrial) plants, animals, including some varieties of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules and regulations or in the Protected Areas and Wildlife Bureau (PAWB) of the DENR and in the Convention on the International Trade of Endangered Species (CITES) of flora and fauna. (RA 8550, The Philippine Fisheries Code of 1998)
9. Fishery (Refuge and) Sanctuary – is a designated area where fishing or other forms of activities which may damage the ecosystem of the area is prohibited and human access may be restricted (RA 8550, The Philippine Fisheries Code of 1998)
10. Fisherfolk – refers to people directly or personally and physically engaged in taking, culture, trade and/or processing of fishery and/or aquatic resources. (FAO196)
11. Fisheries – refers to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing aquatic resources and fishery areas, including the privilege to fish or take aquatic resources thereof; (RA 8550, Philippine Fisheries Code)
12. Habitat – refers to the place or environment where a plant or an animal naturally or normally lives and grows. (Philippine Coastal Management Guide Book Series no. 5)
13. Management shall mean the proper administration of marine protected areas within Samal City to include the protection, conservation, sustainable development and utilization of coastal resources
14. Mangrove – refers to a community of intertidal plants including all species of trees, shrubs, vines and herbs found on a coasts, swamps or border of swamps. (RA 8550, Philippine Fisheries Code)
15. Marine Protected Area (MPA) – refers to any specific area which has been reserved by law or other effective means and is governed by specific rules or guidelines to manage activities and protect part or the entire enclosed coastal and marine environment (Philippine Coastal Management Guide Book Series no. 5)
16. Seagrass beds – are areas of salt tolerant plants that occur in shallow near shore waters, estuaries, lagoon and adjacent to coral reefs. They hold sediments in place, support rich detrital community and provide food and habitat for many important near shore species. (Philippine Coastal Management Guide Book Series no. 5)
17. Sub-Zones – refer to specific zones such as the mangrove protection and rehabilitation zone, species conservation zone and fish sanctuary within the marine protected area.
ARTICLE IV
Establishment of Marine Protected Areas
Section 4. Establishment of the Marine Protected Areas – There is hereby established the following marine protected areas (MPAs) in the City waters, with description as follows:
a. Sanipaan Marine Park – The marine park encompasses coral reefs, mangroves, seagrass beds and sandy substrates. The Sanipaan Marine Park covers a total area of about 158 hectares and subdivided into four different zones (Marine Sanctuary, Multiple Use Zone, Mangrove Protection and Rehabilitation Zone, Eco-tourism/Recreational Zone) It is situated at the northern portion of Babak District with the following coordinates:
Point Latitude Longitude
1 7o10’25.64”N 125o40’46.69”E
2 7o10’06.67”N 125o41’02.06”E
3 7o09’52.91”N 125o41’02.45”E
4 7o09’32.82”N 125o40’56.18”E
5 7o09’12.53”N 125o40’49.10”E
6 7o09’12.53”N 125o40’34.99”E
7 7o09’22.13”N 125o40’30.27”E
8 7o09’53.65”N 125o40’35.78”E
9 7o10’15.10”N 125o40’30.28”E
1. Marine Sanctuary – includes areas with high biodiversity value which shall be closed to all human activity except for scientific studies and/or ceremonial or religious use by indigenous communities.
Point Latitude Longitude
Core Zone
FS1 7o09’59.78” N 125o41’04.14” E
FS2 7o09’54.18” N 125o40’58.44” E
FS3 7o10’09.90” N 125o40’56.70” E
FS4 7o10’04.80” N 125o40’52.20” E
Buffer Zone
fs-1 7o10’00.58” N 125o41’06.08” E
fs-2 7o09’52.94” N 125o40’58.42” E
fs-3 7o10’12.18” N 125o40’56.83” E
fs-4 7o10’05.43” N 125o40’50.71” E
The total area of the marine sanctuary is 28 hectares. The core zone covers an area of about 8 hectares. The buffer zone extends from the boundary of the core zone up to 50 meters surrounding all 4 sides of the core zone, and covers an area of about 20 hectares.
2. Multiple Use/Sustainable Use Zone – includes natural areas where the habitat and its associated biodiversity shall be conserved. It is located within the marine park.
3. Mangrove Protection and Rehabilitation Zone – includes areas of degraded habitats where the long term goal will be to restore natural habitat with its associated biodiversity and to re-zone the area to a more strict protection level. This zone covers an area of about 2 hectares.
Point Latitude Longitude
MZ1 7o09’20.28”N 125o40’06.53”E
MZ2 7o09’21.06”N 125o40’58.44”E
MZ4 7o09’25.98”N 125o40’53.22”E
MZ6 7o09’29.88”N 125o40’53.40”E
MZ8 7o09’35.40”N 125o40’54.66”E
MZ9 7o09’35.34”N 125o40’56.16”E
4. Eco-tourism/Economic Zone – includes areas with high recreational, tourism, educational or environmental awareness values where sustainable eco-tourism, recreational, conservation education or public awareness activities may be allowed as prescribed in the management plan. This zone covers an area of approximately 7 hectares.
Point Latitude Longitude
1 7o09’51.80”N 125o41’03.10”E
2 7o09’42.10”N 125o41’03.62”E
3 7o09’18.62”N 125o40’55.97”E
4 7o09’19.25”N 125o40’53.23”E
5 7o09’31.60”N 125o40’55.63”E
6 7o09’50.69”N 125o40’58.07”E
b. Sta. Cruz Marine Protected Area – The marine park encompasses coral reefs, mangroves, seagrass beds and sandy substrates. It includes two areas in Barangay Sta. Cruz that are located at the northern and eastern portions of Talikud Island, Kaputian District, with the following coordinates:
1. Dapia Marine Sanctuary – located in Sitio Dapdap, Barangay Sta. Cruz at the eastern part of Talikud Island.
Point Latitude Longitude
1 6o 57’ 54.93” N 125o41’20.73” E
2 6o 58’ 08.80” N 125o41’21.72” E
3 6o 58’ 07.93” N 125o41’38.53” E
4 6o 57’ 54.93” N 125o41’39.76” E
The core zone of the marine sanctuary covers an area of about 22.45 hectares. The buffer zone extends from the boundary of the core zone up to 50 meters surrounding all four sides of the core zone.
2. Dugong Sanctuary – located in Isla Reta at the northern portion of Talikud Island. It covers an estimated area of 20.93 hectares.
Point Latitude Longitude
1 6o 56’ 12.33” N 125o43’15.81” E
2 6o 56’ 04.47” N 125o43’19.63” E
3 6o 55’ 53.58” N 125o43’23.52” E
4 6o 55’ 35.97” N 125o43’29.72” E
5 6o 55’ 37.09” N 125o43’23.81” E
6 6o 55’ 44.69” N 125o43’20.64” E
7 6o 55’ 51.75” N 125o43’17.00” E
8 6o 55’ 00.74” N 125o43’14.80” E
9 6o 56’ 11.39” N 125o43’11.41” E
c. Linosutan Coral Garden and Marine Park – The marine park encompasses coral reefs, seagrass beds and sandy substrates. It is situated at the eastern portion of Talikud Island, with the following coordinates:
Point Latitude Longitude
1 6o56’12.23” N 125o40’24.20” E
2 6o55’56.14” N 125o40’36.48” E
3 6o56’05.45” N 125o40’08.71” E
4 6o55’48.58” N 125o40’19.60” E
The marine park covers a total area of 35.5 hectares. The core zone covers an area of about 35 hectares. The buffer zone extends from the boundary of the core zone up to 50 meters surrounding all 4 sides of the core zone, and covers an area of about 0.5 hectares.
d. Dadatan Marine Sanctuary – the marine park encompasses coral reefs, mangroves, seagrass beds and sandy substrates. It includes two areas in Barangay Dadatan that are located at the northern and western portions of Talikud Island, Kaputian District, with the following coordinates:
1. Mansud MPA – It is located at Barangay Dadatan northern portion of Talikud Island. It covers an estimated area of 5 hectares. The buffer zone extends from the boundary of the core zone up to 50 meters surrounding all 4 sides of the core zone.
Point Latitude Longitude
1 6o57’46.92” N 125o41’11.10” E
2 6o57’43.79” N 125o41’10.49” E
3 6o57’42.30” N 125o40’53.28” E
4 6o57’45.33” N 125o40’53.34” E
2. Dadatan Coral Garden – located at the western portion of Talikud Island.
Point Latitude Longitude
1 6o56’39.52” N 125o40’5.76” E
2 6o56’19.85” N 125o40’18.58” E
3 6o56’15.28” N 125o40’06.67” E
4 6o56’34.95” N 125o39’55.09” E
The MPA covers a total area of 26 hectares. The buffer zone extends from the boundary of the core zone up to 50 meters surrounding all 4 sides of the core zone.
e. Cogon Fish Sanctuary – The fish sanctuary encompasses coral reefs, seagrass beds and sandy substrates. The fish sanctuary covers a total area of 34.88 hectares. It is located at Barangay Cogon, Talikud Island, Kaputian District, with the following coordinates:
Point Latitude Longitude
1 6o 54’00.98” N 125o 41’ 33.71” E
2 6o 53’ 58.73” N 125o 41’ 46.18” E
3 6o 53’ 35.98” N 125o 41’ 46.68”E
4 6o 53’ 37.87” N 125o 41’ 30.46”E
f. Camudmud MPA – The MPA encompasses coral reefs, seagrass beds, mangroves and sandy substrates. It is located at western portion of Samal Island with the following coordinates:
Point Latitude Longitude
1 7o10’46.46” N 125o41’28.30” E
2 7o10’28.69” N 125o41’22.78” E
3 7o10’23.39” N 125o41’20.98” E
4 7o10’26.89” N 125o41’19.78” E
Section 5. Purpose – The Marine Protected Areas (MPAs) shall be reserved and protected for the following purposes:
a. Protection, rehabilitation and replenishment of the coastal and marine resources and habitats such as but not limited to mangrove areas, seagrass beds, coral reefs, shorelines, etc.;
b. Protection and conservation of endangered, rare and threatened species such as whale sharks (butanding), whales, marine turtles, dolphins, avian species, dugong, etc.; and,
c. Contribution to food security and ecological sustainability.
Section 6. Prohibited Acts – The following activities are prohibited in all MPAs within the City:
a. Core zone:
1. All types of fishing activities
2. Boat anchorage
3. Passage of all types of boats (except during emergency cases)
4. SCUBA diving using gloves and bringing knives and/or spears
5. Gathering and/or collecting any marine organism and other non-living components
6. Improper waste disposal
b. Buffer zone:
1. All types of fishing activities
2. Boat anchorage
3. SCUBA diving using gloves and bringing knives and/or spears
4. Gathering and/or collecting any marine organism and other non-living components
5. Improper waste disposal
c. Multiple/Sustainable Use Zone (specifically in Tambo Marine Park):
1. Improper waste disposal
2. Fishing with the use of a compressor and air-pumping device
3. Construction of seaweed dryer/caretaker’s house
4. Construction of structures except boardwalks
d. Mangrove Protection and Rehabilitation Zone (specific for Tambo Marine Park, Sta. Cruz Marine Park and Camudmod MPA):
1. All forms of fishing activities including gleaning
2. Boat anchorage
3. Disposal of solid and liquid wastes
4. Bird and nest hunting
5. Installation of swing (“duyan”) on young mangrove branches
6. Cooking within the mangrove rehabilitation zone
e. Eco-tourism/Economic Zone (specifically in Tambo Marine Park):
1. All motorized aqua sports such as jet ski, speedboat, banca race
2. Disposal of wastes
3. Gathering and/or collecting any marine organism and other non-living components
4. Boat anchorage
5. Compressor diving
6. Construction of fish shelter (payao) or other fish aggregating structures
7. Additional establishment of structure (rest house/guest house) within the economic zone
8. Expansion of existing structures
9. Mariculture (seaweeds)
f. Dugong Sanctuary (specifically in Sta. Cruz Marine Park):
1. Use of karas
2. Seaweed culture
3. Construction of fish cage
4. Gathering and/or collecting any marine organism and other non-living components
5. Establishment of fish corrals
Section 7. Permitted Acts – The following activities are allowable in all Marine Protected Areas within the City:
a. Core zone:
1. Research and monitoring activities
2. Clean-up activities including crown-of-thorns collection
b. Buffer zone:
1. Passage of all types of boats (only when there is no diving activity)
2. Mooring of boats in designated areas
3. Research and monitoring activities
4. Clean-up activities including crown-of-thorns collection
5. Recreational activities including SCUBA diving (but limited to 20 persons per site per day), snorkeling and swimming
c. Multiple/Sustainable Use Zone (specifically in Tambo Marine Park):
1. Regulated fishing activities such as fish traps, handline and gillnet
2. Gleaning
3. Mariculture project such as seaweeds, oyster, clam culture and fish cages; Provided, that this may not cause damage to the marine resources.
d. Mangrove Protection and Rehabilitation Zone (specific for Tambo Marine Park, Sta. Cruz Marine Park and Camudmud MPA):
1. Mangrove planting
2. Clean-up activities
3. Educational tour
4. Passage of boat in the designated area
5. Research and monitoring activities
e. Eco-tourism/Economic Zone (specifically in Tambo Marine Park):
1. Recreational activities such as snorkeling , kayaking, diving, rowing and other eco-tourism activities
2. Cruising and hopping shall be allowed beyond 200 meters from the demarcation line
3. Establishments of demarcation buoys
4. Establishment of mooring station for dive boats
f. Dugong Sanctuary (specifically in Sta. Cruz Marine Park):
1. Rehabilitation activities
2. Research and monitoring activities
Section 8. Requirements – No permitted activity within any of the MPAs in the city shall be undertaken unless the following requirements are complied with:
a. For educational research/study: The research institute, group or individual shall seek endorsement of the research/study from the CFARMO and permission from the City Mayor. Reports should be furnished immediately after the activities.
b. For visiting tourists, notice shall be submitted 2-3 days before the actual visit.
c. All permitted activities shall be subject to collection of fees, registration in the MPA logbook, and conducted with the presence of authorized tour guides.
d. All fees collected under this ordinance shall be paid to the City Treasurer or his/her deputies.
ARTICLE V
Management of the Marine Protected Areas
Section 9. Responsible Office – The City Fisheries and Aquatic Resource Management Office (CFARMO) shall be the lead office within the City Government in enforcing this Ordinance, and in facilitating, coordinating and supervising the implementation of all MPA management plans and programs of the City.
Section 10. Creation of Local MPA Management Body – A local MPA management body shall be created in each of the MPAs through an Executive Order of the Mayor. The MPA management body shall be composed of representatives from the barangay LGU, BFARMC, people’s organizations, non-government organizations and other concerned agencies necessary to do the following functions, duties, and responsibilities:
a. Coordinate with the CFARMO on all MPA activities;
b. Formulate local MPA management plans with approval from the CFARMC;
c. Implement local MPA plans, programs and projects, and policies;
d. Source out, utilizes and/or allocates funds (internal or external);
e. Enforce relevant laws;
f. Monitor and evaluate MPA plans, programs and projects; and,
g. Recommend priority programs and projects as well as relevant policies to the CFARMO.
Section 11. Implementing Structure. Implementing structures at the local level shall follow the respective MPA Management Plans.
Section 12. Management Plan – The Marine Protected Area Management Plans of the MPAs listed in Section 4 of this Ordinance are hereby adopted and shall be the basis for all activities to be undertaken in these areas. Specifically, all activities shall be implemented in line with the following:
a. Conduct of series of organizational meetings to formulate the management bodies’ internal rules and regulations, membership and delineation of functions and authorities;
b. Delineation of boundaries of the MPAs and installation of marker buoys;
c. Enactment of ordinances to support the implementation of the MPA Management Plans;
d. Deputation of fish wardens and formulation of a systematized guarding scheme;
e. Construction of a watch tower and procurement of equipment for enforcement;
f. Establishment of a visitor’s center for assistance of tourists;
g. Conduct of training and workshops on MPA Management, monitoring and evaluation, leadership, auditing and database management and supplemental skills on participatory resource and coral reef assessment and fish catch monitoring;
h. Conduct of fish catch monitoring and semi-annual biophysical assessment;
i. Conduct of regular meetings and capacity building of the management bodies.
Section 13. Monitoring and Evaluation of MPAs – The MPAs shall be monitored and evaluated on a quarterly basis to be jointly facilitated by the local MPA management bodies and the CFARMO. Data generated from monitoring and evaluation activities shall be stored in a databank (to be lodged at the CFARMO) for future records and reference. Details of the implementing guidelines for monitoring and evaluation program shall be embodied in the approved MPA management plans as well as the monitoring and evaluation plan of the CFARMO.
Section 14. Enforcement Mechanisms – Enforcement mechanisms shall be defined or embodied in the approved MPA management plans.
ARTICLE VI
Coastal Resource Management Fund
Section 15. Coastal Resource Management Fund – There is hereby created, as a special account of the city, a Coastal Resource Management (CRM) Fund to be administered by the CFARMO. Such fund shall be sourced from the following:
a. LGU 20% Development Fund
b. Other sources such as:
1. Fines from violations against this Ordinance, the City Fisheries Code and other fisheries/CRM-related ordinances;
2. Fees as prescribed in this Ordinance, the City Fisheries Code and other fisheries/CRM-related ordinances;
3. Income/revenue generating projects;
4. Support from Congressman/senator’s CDF;
5. Grants/loans from the Local Government Support Program
Section 16. Use of the Coastal Resource Management Fund – The CRM Fund shall be used to finance the CRM program and activities of the City, including operational expenses allocated for the management programs as prescribed in the MPA Management Plans, such as but not limited to the following:
1. All CRM-related activities
2. Honorarium and incentives for the law enforcement group and MPA management bodies
3. Procurement and maintenance of equipment for the MPAs
4. Other activities as indicated in the CRM and MPA Management Plans
SectIon 17. Collection of Fees – The Local Government Unit of IGACOS shall collect fees from all CRM-related activities that shall be placed in and form part of the CRM Fund. The following fees shall be collected from the permitted activities indicated in Section 17 of this Ordinance:
1. Entrance fees (to mangrove parks) – PhP 20/person/site/day
2. Snorkeling/swimming – PhP 50/person/site/day
3. SCUBA Diving – PhP 200/person/site/day
Photo documentation – additional PhP500/person/day
Video documentation – additional PhP1,000/person/day
4. Mooring fee
Above 3 gross tons – PhP 300/mooring
3 gross tons and below – PhP 50/mooring
5. Accreditation fee of dive operators not based in Samal
– PhP 10,000/operator/annum
6. Accreditation fee of island hopping operators not based in Samal
– PhP 5,000/operator/annum
7. Research – PhP 500/research
• Strictly “No ticket, No entry” policy shall be followed.
• Any fee collected shall be issued an official receipt.
• The City Treasurer may deputize the Barangay Treasurer to collect fees and/or fines in relation to this Ordinance. The Barangay Treasurer should be properly bonded for this purpose, and any supplementary premiums on additional bond to be applied for shall be paid by the City Government. The Barangay Treasurer shall follow the same procedures in turning over their collections to the City Treasurer/Cashier concerned as other collected taxes.
• City/Barangay Treasurer shall be the only persons allowed to issue receipts.
• Fees shall be collected on/or before entry into the MPAs while fines shall be collected immediately after apprehension.
• Accreditation fee for operators includes the following benefits: permit to bring guests to the city, free annual mooring fee, free annual diving fee for 1 dive master.
All fees collected from recreational/research activities shall follow this sharing arrangement:
Sharing schemes:
1. Tambo: 50% to City LGU; 50% to the Barangay LGU (35% to BLGU MPA Fund; 15% to BLGU
General Fund)
2. Cogon: 50% to City LGU; 50% to the Barangay LGU
3. Linosutan: 50% to City LGU; 50% to the Barangay LGU
4. Dadatan: 50% to City LGU; 50% to the Barangay LGU
5. Camudmud: 40% to City LGU; 60% to the Barangay LGU
6. Sta. Cruz: 50% to City LGU; 50% to the Barangay LGU
SectIon 18. Reporting and Auditing – The City Accountant shall submit annual financial report to the Sangguniang Panglungsod (SP), Mayor’s Office, CFARMO and the BLGU. The Fund shall be audited yearly in accordance with the rules and regulations prescribed by the Commission on Audit.
Section 19. Appropriations – There is hereby appropriated the amount of ONE MILLION PESOS (PhP 1,000,000.00) from the City Development Fund for the CRM Program on the year this Ordinance is approved. Thereafter, the CFARMO shall submit its proposed annual budget to the City Development Council and City Mayor’s Office for inclusion in the Annual Investment Plan of the City to be approved by the SP. The amount appropriated yearly shall form part of the CRM Fund.
ARTICLE VII
Fines and Penalties
Section 20. Fines and Penalties – Violators of the provisions stipulated herein shall be subject to the following administrative fines and penalties:
OFFENSE Administrative FINE/PENALTY
1. Fishing inside the MPA 1st offense: P1,000 per person and confiscation of catch;
2nd offense: P3,000 per person and confiscation of catch;
3rd and subsequent offenses: P5,000 per person and confiscation of catch and gear
2. Boat anchorage in the MPA (core and buffer zone, Ecotourism/Economic Zone and the Mangrove Protection and Rehabilitation Zone) 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
3. Passage of boat within the core zone of the MPAs 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
4. SCUBA diving using spears in the MPAs 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and confiscation of diving equipment.
5. Gathering/collecting any marine organism and other non-living components 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
6. Passage of boat within the buffer zone during diving activities 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
7. Stealing and destroying of marker and mooring buoys 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
8. Violation of accreditation conditions 1st offense: Fine of P1,000;
2nd offense: Fine of P3,000;
3rd offense: Fine of P5,000 and Cancellation of accreditation for a period of one year
9. Improper waste disposal into the MPA 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
Other violations specific to Tambo Marine Park:
OFFENSE FINE/PENALTY
1. Fishing with the use of a compressor and air-pumping device within the Multiple/Sustainable Use Zone, Eco-tourism/Economic Zone 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and confiscation of fishing gears.
2. Construction of seaweed dryer/caretaker’s house within the Multiple/Sustainable Use Zone 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and demolition of structure.
3. Construction of structures within the Multiple/Sustainable Use Zone 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and demolition of structure.
4. Motorized aqua sports such as jet ski, speedboat, banca race within the Eco-tourism/Economic Zone 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
5. Construction of fish shelter (payao) or other fish aggregating structures within the Eco-tourism/Economic Zone 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and demolition of structure.
6. Additional establishment of structure (rest house/guest house) within the Eco-tourism/Economic Zone 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and demolition of structure.
7. Expansion of existing structures within the Eco-tourism/Economic Zone 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and demolition of structure.
8. Implementing Mariculture projects within the Eco-tourism/Economic Zone 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
Other violations specific to the Dugong Sanctuary in Sta. Cruz Marine Park:
OFFENSE FINE/PENALTY
1. Use of karas 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and confiscation of equipment.
2. Seaweed culture 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person
3. Construction of fish cage 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and demolition of structure.
4. Construction of fish corral 1st offense: P1,000 per person;
2nd offense: P3,000 per person;
3rd and subsequent offenses: P5,000 per person and demolition of structure.
All fines and penalties collected for violations against this Ordinance shall be place in and form part of CRM Fund. The collected fees from fines shall be partitioned as follows:
Sharing scheme:
1. Tambo: 50% to City LGU; 25% to Barangay LGU; 25% to apprehending officers
2. Cogon: 75% to City LGU; 25% to apprehending officers
3. Linosutan: 50% to City LGU; 25% to Barangay LGU; 25% to apprehending officers
4. Dadatan: 75% to City LGU; 25% to apprehending officers
5. Camudmod: 50% to City LGU; 25% to Barangay LGU; 25% to apprehending officers
6. Sta. Cruz: 50% to City LGU; 25% to Barangay LGU; 25% to apprehending officers
ARTICLE VIII
Miscellaneous Provisions
Section 21. Separability Clause – If any provision of this Ordinance or the application of such provision to any person or circumstances is declared invalid, the remainder of the Ordinance or the application of such provision to other persons or circumstances shall not be affected by such declaration.
Section 22. Repealing Clause – All ordinances, executive orders, rules and regulations or parts thereof which are inconsistent with this Ordinance are hereby repealed or modified accordingly.
Section 23. Effectivity – This Ordinance shall take effect immediately upon approval hereof and after the required publication or posting requirement is complied with.
CARRIED UNANIMOUSLY.
ENACTED AND APPROVED this 26th day of January 2010.
CERTIFIED CORRECT:
(Sgd) ERNEST A. GULBEN
SP Secretary
ATTESTED:
(Sgd) JAIME A. PICHON
SP Member
Presiding Officer Pro-tempore
APPROVED:
(Lapsed)
ANIANO P. ANTALAN
City Mayor
samalkongmahal 