MUNICIPAL ORDINANCE NO. 2017-07

AN ORDINANCE AMENDING MUNICIPAL ORDINANCE NO. 2008-04, ENTITLED: “AN ORDINANCE PROVIDING FOR THE SUSTAINABLE MANAGEMENT, DEVELOPMENT AND CONSERVATION OF ALL MUNICIPAL WATERS AND COASTAL AND FISHERY RESOURCES HARMONIZING AND INTEGRATING ALL OTHER ORDINANCES PERTINENT THERETO AND FOR OTHER PURPOSES, OTHERWISE KNOWN AS THE MUNICIPAL FISHERIES ORDINANCE OF 2008 OF LUPON, DAVAO ORIENTAL.”

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1. There shall be an amendment by inserting a third paragraph in Article III, Section 9 of the herein Ordinance, as follows:

Furthermore, no fishing or taking, gathering, catching, transporting, selling or trading and possessing of juvenile fishes shall be allowed. Juvenile Fish refers to any species of fish, which does not reach its reproductive maturity stage and less average size in length, to wit:

English (Local Name) Scientific Name Average Size
@ Maturity (cm)

PELAGIC FISHERIES
Skipjack (budissan) Katsuwonus pelamis 44.0
Frigate mackerel (tulingan) Auxis thazardthazard 29.0
Big-eyed scad (matambaka) Selar crumenophtalmus 24.0
Indian scad (borot) Decapterus russelli 18.0
Bigmouth mackerel (hasahasa) Rastrelliger kanagurta 18.0
Shortfin scad (galunggong) Decapterus macrosoma 17.0
Japanese scad (galunggong) Decapterus maruadsi 16.0
Short-bodied mackerel (hasahasa) Rastrelliger brachysoma 15.7
Moonfish (bilong-bilong) Mene maculate 15.0
Goldstripe sardine (tamban) Sardinella gibbosa 14.5
Yellowstrip scad (salaysalay) Selaroides leptolepis 13.0
Bali sardinella (tamban) Sradinella lemuru 13.0
Indian Anchovy (tornos) Stolephorus indicus 11.4
Splendid ponyfish (sapsap) Leiognatus splendens 10.7
Fringescale sardinella (tamban) Sardenilla fimbriata 8.9
Commerson’s anchovy (bolinao) Stolephonus commersonii 7.0
DEMERSAL FISHERIES
Giant trevally or jack (talakitok) Caranx ignobilis 95.4
Leopard coral grouper (lapulapu) Plectropomus leopardus 62.9
Snapper (maya-maya) Lutjanus argentimaculatus 54.6
Pink ear emperor (bakawil, kiros) Lethrinus lentjan 35.0
Dory snapper (mangagat) Lutjanus Fulviflamma 25.0
Whitesaddle goatfish (timbungan) Parupeneus ciliates 22.8
Rabbitfish (danggit) Siganus canaliculatus 19.9
Honeycomb grouper (lapulapu, suno) Epinephelus merra 19.0
Silverbiddy (malakapas) Gerres filamentosus 18.5
Lattice monocle bream (silay) Scolopsis taeniopterus 17.4
Silver sillago (asuhos) Sillago sihama 17.0
Java parrotfish (molmol) Scarus javanicus 16.3
Common parrotfish (molmol) Scarus psittacus 15.5
Ornate threadfish bream (bisugo) Nemipterus hexodon 15.3
Little spinefoot (danggit) Siganus spinus 14.7
Goldband goatfish (timbungan) Upeneus moluccensis 14.6
SECTION 2. Section 80. Registration of Fishing Vessels shall now be read as follows:

All fishing vessels operating and/or fishing within the municipal waters must be registered annually. Only registered fishing vessels with Certificate of Number shall be allowed and/or issued fishing license.

SECTION 3. There shall be inserted Section 82 (a), as follows:

Permit to Operate. Registered fishing banca shall only be operated by persons with a Permit to Operate from the municipality.

The use of the Permit to Operate shall be limited to the registered fishing vessel of the immediate family member only to the exclusion of other registered fishing vessels in the municipality. The Permit to Operate shall be co-terminus to the validity of the registration of the fishing vessel.

Other persons who wish to operate fishing vessels neither owned nor registered under his name or his immediate family. But in case of a cooperative or a corporation, the one to operate must possess a Boat Captain License issued by the Maritime Industry Authority (MARINA).

SECTION 4. There shall be inserted Section 124 (a), as follows:

FLET Incentive – This Ordinance shall hereby authorize the grant of remuneration to the Fishery Law Enforcement Team (FLET) equivalent to a portion of every fine or penalty derived from apprehensions for violation of this Ordinance. Such grant, amount or percentage out of the penalty shall be recommended by the MFRB to the Local Finance Committee (LFC).

For the purpose of the effective operation of the FLET, an annual budget of One Million Five Hundred Thousand (P 1,500,000.00) Pesos shall be allocated in the Annual Budget under the Maintenance and Other Operating Expenses (MOOE) of the Municipal Agriculturist’s Office.

SECTION 5. There shall be inserted Section 170 (a), as follows:

Anyone caught fishing or taking, gathering, catching, transporting, selling or trading and possessing of juvenile fishes, as specified in Section 9 hereof, shall be fined with Two Thousand Five Hundred (P2,500.00) Pesos.

SECTION 6. Creation of Municipal Fisheries Regulatory Board (MFRB)

MFRB shall be created to ensure effective participation of various stakeholders in the fisheries management in the municipality. Policies being recommended by both MFARMC and MPA Board shall be reviewed and shortlisted by the MFRB prior to indorsement at the Sangguniang Bayan. An implementing rules and regulations pertaining to its operation shall be set later by the MFRB, including the election of its officers.

MFRB shall be composed of the following:

SB Representative – Chairperson, Committee on Fisheries and Aquatic Resources
Municipal Agriculturist
Municipal Environment and Natural Resources Coordinator
Representative from Municipal Development Council
At least two (2) representatives from Local Finance Committee
Representative from private sector
At least four (4) representatives from accredited fisherfolk organizations
The MFRB shall have the following functions:

Recommend appropriate license fees of fisheries activities;
Concur, approve, or recommend the establishment of closed season in municipal waters or parts thereof for ecological purposes;
Submit to the LGU for consideration the list of priorities among fishers, of limiting entry into municipal waters;
Recommend necessary mechanisms of inclusion or exclusion procedures on list or registry of municipal fishers;
Recommend for the declaration of overfished areas in municipal waters;
Recommend for the establishment of pre/post-harvest facilities for fishing communities;
Recommend the enactment/amendment of municipal fishery ordinance;
Recommend mechanisms to ensure effective enforcement of the municipal fisheries ordinance;
Review all applications for fishery concessions, licenses and permits prior to approval;
Review all fishery policy formulations from MFARMC and MPA Board for indorsement to the Sangguniang Bayan;
Resolve cases administratively filed by the Bantay Dagat or fishery law enforcement personnel; and
Recommend areas within municipal water for fishery refuge and sanctuaries.
SECTION 7. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 8. REPEALING CLAUSE. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 9. EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 3rd day of April 2017.