th - official website of kalibo, province of aklan · hon. ananias v. solina - sb member, liga...

Republic of the Philippines Province of Aklan

Municipality of Kalibo

OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 20TH REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION HALL

ON JUNE 13, 2013

PRESENT: Hon. Madeline A. Regalado - Vice Mayor, Presiding Officer Hon. Nilda B. Tambong - SB Member Hon. E. Soviet R. A. Dela Cruz - SB Member Hon. Ariel O. Fernandez - SB Member Hon. Arnaldo M. Tejada - SB Member Hon. Mark Mitchell C. Sy - SB Member Hon. George L. Quimpo - SB Member Hon. Peter Jene N. Lao - SB Member Hon. Rodillo L. Policarpio - SB Member Hon. Michael Angelo R. Melgarejo - SB Member, SK President ABSENT: Hon. Ananias V. Solina - SB Member, LIGA President (Sick leave)

“RESOLUTION NO. 2013-070

RESOLUTION EXPRESSING PROFOUND APPRECIATION AND GRATITUDE TO THE PROVINCIAL GOVERNMENT OF AKLAN THROUGH THE HONORABLE GOVERNOR CARLITO S. MARQUEZ FOR THE INSTALLATION OF ADDITIONAL ATTRACTIVE AND UNIQUE LIGHTING FACILITIES (LAMP POSTS) ALONG JAIME CARDINAL SIN AVENUE FROM CORNER JUDGE MARTELINO STREET, BARANGAY ANDAGAO TO CROSSING ROTUNDA AND ALONG D. MAAGMA STREET TO CORNER MABINI STREET, THE INSTALLATION OF LIGHTING FACILITIES (LAMP POSTS) ALONG TOTING REYES STREET FROM CROSSING ROTUNDA TO CORNER ROXAS AVENUE, THE CONSTRUCTION OF ROOFING IN THE ACCESS ROAD OF KALIBO PUBLIC MARKET AND OTHER DEVELOPMENT PROJECTS AND PROGRAMS IMPLEMENTED IN THE MUNICIPALITY OF KALIBO

WHEREAS, the Municipality of Kalibo being the premier capital town of the Province of Aklan was a recipient of various priority development programs and projects of the provincial government under the administration of the HONORABLE GOVERNOR CARLITO S. MARQUEZ. Noteworthy to mention is the installation of additional attractive and unique lighting facilities (lamp posts) along Jaime Cardinal Sin Avenue from corner Judge Martelino Street, Barangay Andagao to crossing rotunda and along D. Maagma Street to corner Mabini Street, the installation of lighting facilities (lamp posts) along Toting Reyes Street from crossing rotunda to corner Roxas Avenue, the construction of roofing in the access road of Kalibo Public Market and the proposed Pook Ecological Tourism Development Project which will surely boost Kalibo’s Tourism industry;

WHEREAS, the Provincial Government of Aklan through the HONORABLE GOVERNOR CARLITO S. MARQUEZ, with its continued efforts and support to improve Kalibo as it is the show window of the Province of Aklan, is helping with the implementation of priority development thrusts and programs designed to maximize positive effects on the socio-economic and environmental development of the Municipality of Kalibo;

WHEREAS, the above mentioned lighting facilities has brought attraction during night travel not only for the locals but to foreign and domestic tourists as well. It has provided for the safety of the motorists and the riding public and the peace and order situation has greatly improved. Positive about this impressive lighting facilities has brought pride and delight to the people of Kalibo;

WHEREAS, the construction of roofing in the access road of Kalibo Public Market where the HONORABLE GOVERNOR CARLITO S. MARQUEZ has extended financial assistance for this project has brought great importance and benefits for the protection of vendors and the buying public especially during rainy days;

WHEREAS, the other priority development programs and projects implemented in the Municipality of Kalibo by the Provincial Government of Aklan through the HONORABLE GOVERNOR CARLITO S. MARQUEZ has ultimately redound to the benefits and welfare and alleviation of the quality of life of the people of Kalibo and has greatly contributed to the present growth and progress of this Ati-atihan town of Kalibo;

Kalibo Sangguniang Bayan “RESOLUTION NO. 2013-070

WHEREAS, the Sangguniang Bayan of Kalibo as a Collegial Legislative Body deems it proper and

fitting to give due recognition and appreciation to the HONORABLE GOVERNOR CARLITO S. MARQUEZ for his unselfish efforts and untiring support to the development projects and programs of the Municipality of Kalibo;

NOW THEREFORE, in view of the foregoing premises, upon motion made by HONORABLE ARIEL

O. FERNANDEZ, duly seconded, be it RESOLVED as it is hereby RESOLVED to express profound appreciation and gratitude to the Provincial Government of Aklan through the HONORABLE GOVERNOR CARLITO S. MARQUEZ for the installation of attractive and unique lighting facilities (lamp posts) along Jaime Cardinal Sin Avenue from corner Judge Martelino Street, Barangay Andagao and along D. Maagma Street up to corner A. Mabini Street and for the construction of roofing in the access road of Kalibo Public Market and other development projects and programs implemented in the Municipality of Kalibo;

RESOLVED FINALLY, to furnish copy of this Resolution to HONORABLE GOVERNOR CARLITO

S. MARQUEZ for his information;

APPROVED, June 13, 2013.” -

I hereby certify to the correctness of the above stated resolution as to form.

DIANA V. TORRE-FEGARIDO SB Secretary Attested: MADELINE A. REGALADO Vice Mayor Approved: WILLIAM S. LACHICA Municipal Mayor





ON JUNE 13, 2013 PRESENT: Hon. Madeline A. Regalado - Vice Mayor, Presiding Officer Hon. Nilda B. Tambong - SB Member Hon. E. Soviet R. A. Dela Cruz - SB Member Hon. Ariel O. Fernandez - SB Member Hon. Arnaldo M. Tejada - SB Member Hon. Mark Mitchell C. Sy - SB Member Hon. George L. Quimpo - SB Member Hon. Peter Jene N. Lao - SB Member Hon. Rodillo L. Policarpio - SB Member Hon. Michael Angelo R. Melgarejo - SB Member, SK President ABSENT: Hon. Ananias V. Solina - SB Member, LIGA President (Sick leave)


RESOLUTION SUPPORTING AND FAVORABLY ENDORSING TO HONORABLE ARMIN LUISTRO, SECRETARY OF THE DEPARTMENT EDUCATION, THE REQUEST FOR THE CONVERSION OF BAKHAW NORTE ELEMENTARY SCHOOL AS BAKHAW NORTE INTEGRATED SCHOOL

WHEREAS, the Barangay Council of Barangay Bakhaw Norte of the Municipality of Kalibo and the Parents Teacher Association (PTA) of Bakhaw Norte Elementary School passed and approved Joint Resolution No. 001, series of 2013 dated March 11, 2013 entitled “A RESOLUTION REQUESTING THE CONVERSION OF BAKHAW NORTE ELEMENTARY SCHOOL TO BAKHAW NORTE INTEGRATED SCHOOL”; WHEREAS, the request of the Barangay Council and the Parents Teacher Association of Bakhaw Norte are based on sound and reasonable grounds as Barangay Bakhaw Norte where BAKHAW NORTE ELEMENTARY SCHOOL is located in an island Barangay and that the nearest secondary school is about three (3) kilometers away. Furthermore, crossing the river by banca during rainy season is likewise perilous and dangerous to school children; WHEREAS, the reclassification of Bakhaw Norte Elementary School into an Integrated School will not only ease the financial burden among the parents of the school children but will also reduce if not eliminate the risk of the school children getting exposed to the dangers in crossing the river. It is also believed that the Integration of the school could also reduce incidents of juvenile delinquency and early marriages among adolescents in the Barangay; WHEREAS, this concern was presented to Dr. Jessie R. Gomez, the Division Superintendent of the Division of Aklan of the Department of Education, during the regular Municipal School Board Meeting of the Municipality of Kalibo held last June 6, 2013 at Lynettes Garden in Barangay Andagaw, Kalibo. More so, Dr. Gomez during the meeting have expressed his support to the request and even assured the full cooperation of DepEd Aklan for the conversion Bakhaw Norte Elementary School into an Integrated School; NOW THEREFORE, in view of the foregoing premises upon motion of Hon. E. Soviet Russia A. dela Cruz, duly seconded, be it RESOLVED as it is hereby RESOLVED to support and favorably endorse the request of Barangay Bakhaw Norte Barangay Council of the Municipality of Kalibo and the Parents Teacher Association (PTA) of Bakhaw Norte Elementary School for the CONVERSION OF BAKHAW NORTE ELEMENTARY SCHOOL TO BAKHAW NORTE INTEGRATED SCHOOL”; RESOLVED FURTHER, that copies of this resolution be furnished to Hon. Maribeth Cual, Punong Barangay of Barangay Bakhaw Norte, Jovita M. Villanueva, PTA President of Barangay Bakhaw Norte Elementary School and Mr. Elnor T. Luna, Head Teacher of Bakhaw Norte Elementary School for their information and guidance; DONE in the Municipal Hall of the Municipality of Kalibo, Aklan, Philippines this 13th day of June 2013.

- I hereby certify to the correctness of the above stated resolution as to form.






ON JUNE 13, 2013



RESOLUTION RE-ESTABLISHING THE ATI-ATIHAN GALLERY AND SHOWROOM AT THE 2ND FLOOR OF CAPTAIN GIL MIJARES BUILDING SITUATED AT XIX MARTYRS STREET, KALIBO, AKLAN WHEREAS, it is the thrust of the Local Government Unit of Kalibo that tourism plays an

indispensable role in the socio-cultural-economic development of the municipality;

WHEREAS, the Kalibo Sto. Niño Ati-Atihan Festival has become a cultural heritage of the people of Kalibo and at the same time is considered as one of the tourism events in the Philippines;

WHEREAS, the Ati-Atihan Gallery and Showroom was situated at the Kalibo Tourism Center per Tourism Master Plan, however, the Tourism and Cultural Affairs Division has shared the same space due to lack of office space in the Municipal Hall of Kalibo;

WHEREAS, there is a need to house the colorful and artistic costumes and other artifacts that will showcase the festival’s vibrant culture in a new and wider area;

WHEREAS, the re-establishment of the Ati-Atihan Gallery will be considered as another tourism attraction in the Municipality of Kalibo and the same shall be part of the tour packages of the Municipal Tourism and Cultural Affairs Division;

NOW THEREFORE, in view of the foregoing premises, upon motion made by Hon. Mark Mitchell C. Sy, duly seconded, be it RESOLVED as it is hereby RESOLVED, to re-establish the Kalibo Ati-Atihan Gallery and Showroom at the 2nd Floor of Captain Gil Mijares Building situated at XIX Martyrs Street, Kalibo, Aklan;

RESOLVED FINALLY, to furnish copy of this Resolution to Mayor William S. Lachica and other agencies/entities and offices concerned for their information and guidance.

APPROVED, June 13, 2013.” -

I hereby certify to the correctness of the above stated resolution as to form.





EXCERPT FROM THE MINUTES OF THE KALIBO SANGGUNIANG BAYAN PROVINCE OF AKLAN, IN ITS 20TH REGULAR SESSION HELD AT THE SANGGUNIANG BAYAN SESSION

HALL ON JUNE 13, 2013


“ORDINANCE NO. 2013-005

AANN OORRDDIINNAANNCCEE EENNAACCTTIINNGG TTHHEE FFIISSHHEERRYY CCOODDEE OOFF TTHHEE MMUUNNIICCIIPPAALLIITTYY OOFF KKAALLIIBBOO,, AAKKLLAANN

Be it enacted by the Sangguniang Bayan of the Municipality of Kalibo, Province of Aklan in its regular session assembled, that:

ARTICLES 1. TITLE AND PURPOSE

Section 1. This ordinance shall be known as the “FISHERY CODE OF THE MUNICIPALITY OF KALIBO, AKLAN” providing for the Sustainable Management, Development and Conservation of the Municipal Water and its Coastal Resources. It shall be enforced in conjunction with the laws, decrees, orders, rules and regulations on fishing and/or fisheries currently existing or which may hereafter be promulgated.

ARTICLE 2. DECLARATION OF POLICY AND DEFINITION OF TERMS

Section 2. Declaration of Policy. It is hereby declared the policy of the Municipality of Kalibo, Aklan:

a. To promote conservation and ensure sustainable and equitable utilization of coastal and aquatic resources in the Municipality in conformity with the “Philippine Fisheries Code of 1998”

b. To provide the food security of the population as the major consideration in the utilization, development, conservation, protection and management of fishery resources.

c. To regulate access to the fishery and aquatic resources for the benefits and enjoyment of the people.

d. To protect the rights of marginal fisher folk in the preferential use of the municipal waters from intrusion of destructive fishing and safeguarding offshore fishing grounds against large-scale fishing and exploitation.

e. To provide full support for sustainable fisheries in municipal waters, including gender and youth sector involvement through appropriate technology and research, adequate financial production, construction of post harvest facilities and marketing assistance.

f. To grant preferential rights to registered municipal fisherfolk to utilized marine resources prior to granting the private sector the privilege to utilize fishery resources under the basic principles that the grantee, licensee or permittee thereof shall not only be a privileged beneficiary of the Municipality but also an active participant and partner of the Government in the sustainable development, management, conservation and protection of the fishery and aquatic resources.

g. To develop, protect and regulate the marine environment and resources to enhance tourism program.

Kalibo Sangguniang Bayan “ORDINANCE NO. 2013-005

Section 3. Applications of its Provisions. The provisions of this ordinance shall be enforced in:

1. All municipal waters, as defined in this ordinance; 2. All fishery resources in the Municipal Waters; 3. All fishery activities or businesses relating to the use, development, conservation and

management of the municipal waters and its coastal and fisheries resources; and 4. All people, entities or corporations that use and/or intend to use the coastal and

fishery resources of the municipality.

Section 4. Definition of Terms . As used in this ordinance the following terms and phrases shall mean as follows:

1. Ancillary Industries - firms or companies related to the supply, construction and maintenance of fishing vessels, gears, nets and other fishing paraphernalia, fishery machine shops and other facilities such as hatcheries, nurseries, feed plants and other pre-harvest and post harvest facilities.

2. Angelwing Clams - a bivalve mollusks belonging to the species Pholas Orientalis under the family Pholadidae. Shell with elongate-ovate outlined of dirty white exterior color and milky white and porcelaneous interior color. A deep burrowing bivalve found mostly in the tidal flats and has a habit of extending its long siphon out of the mud during filter feeding.

3. Appropriate Fishing Technology - adaptable technology, both in fishing and ancillary industries, that ecologically source based and labor intensive.

4. Aquaculture - fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas.

5. Aquatic Resources/Products - includes fish, all other water flora and fauna and physical resources of the aquatic environment, including but not limited to salt, corals, shells, oil deposit and solar, tidal and wave energy.

6. Artificial Reef - any structure of natural or man-made materials placed on a body of water to serve as shoreline protection, shelter where algae and fish food grow, habitat and breeding areas for fishes.

7. Aquatic/Coastal Pollution - the introduction by human or machine, directly or indirectly of substance or energy to the aquatic or coastal environment that resulted in such deleterious effects as to harm living and non-living aquatic resources, pose potential and/or real hazard to human health, hindrance to aquatic activities such as fishing and navigation, including dumping/disposal of wastes and other marine litters, discharge of petroleum or carbonaceous materials/substances and other radioactive, noxious or harmful liquid, gaseous or solid substance, from any water, land, air transport or other human made structure.

8. Auxiliary Invoice - a document issued by the municipality prior to the transport of fish and fishery products from point of origin to their point of destination upon payment of prescribed fee.

9. Beneficial Use - means the use of the environment or any element or segment thereof conducive to public or private welfare, safety and health; and shall include but limited to the use of water for domestic, municipal, irrigation, power generation, fisheries, livestock raising, industrial, recreational and other purposes.

10. BFARMC - Barangay Fisheries and Aquatic Resources Management Council. 11. BioproSpecting - involves/refers to the search, collection and utilization of biological

and genetic resource for scientific and/or commercial purposes. 12. Biological Resources - includes genetic resource, organism or part thereof,

populations or any other biotic component of ecosystem with actual or potential use or value for humanity. It include, but not limited to all biological specimens such as algae, plants seeds, tissues and other propagation materials, animals, microorganisms, live or preserved whether whole or in part thereof.

13. Biological Diversity - the distinction among organisms from all sources including terrestrial, marine and other aquatic ecosystem and ecological complexes of which they are part; this includes diversity within species between species and ecosystem.

14. Closed Season - is the period prescribed by law during which the taking of specified fishery species by a specified fishing gear is prohibited in a specified area or areas in the municipal waters.

15. Coastal Area/Zone - is a band of dry land and adjacent ocean space in which terrestrial processes and uses directly affect oceanic processes and uses, and vice-versa; its geographic extent may include areas inland within one (1) km from shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within seaward limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and other soft bottom areas.


16. Crablets - refers to young crab, which their carapace measure less than two and half (2½) inches in length.

17. Commercial Fishing - is the taking of fishery species by passive or active gear for trade, business or profit beyond subsistence or sports fishing, further classified as: i. Small-Scale Commercial Fishing - fishing with passive or active gear utilizing

fishing vessels of 3.1 gross tons up to 20 GT; ii. Medium-Scale Commercial Fishing - fishing with passive or active gear utilizing

fishing vessels of 20.1 gross tons up to 150 GT; and iii. Large-Scale Commercial Fishing - fishing with passive or active gear utilizing

fishing vessels of more than 150 GT. 18. Commercial Scale - a scheme of producing a minimum of 1000 kilogram harvest per

hectare per year of milkfish or equivalent in other species including raised in pens, cages and tanks.

19. Compressor - a device driven by a motor or engine for storage air. Its primary usage is to supply air to inflate rubber tube and to supply air to a person undertaking underwater activities.

20. Coral - marine animals made of hard calcareous substance, anthozoan and coelenterates polyps living in colonies where their rigid skeleton form a stony mass are all referred to. Included are members of the genus (a) Corallium characterized by a rigid axis of compact calcareous or horny spicules and represented by red, pink and white corals which are considered precious corals; (b) the Antipatharians characterized by a thorny, horny axis and represented by the black coral which are considered semi-precious corals; and (c) ordinary corals which are neither precious nor semi-precious and usually characterized by calcareous skeleton.

21. Coral Reef - a natural aggregation of coral skeleton with or without living coral polyp, occurring in intertidal and subtidal marine waters.

22. Demarcated Areas - boundaries defined by markers and assigned exclusively to specific individuals or organizations for certain specified and limited uses such as: a. Aquaculture sea ranching and sea farming (mariculture) b. Fish aggregating devices such as artificial reefs, fish shelter or payao. c. Fixed and passive gears; and d. Fry and fingerlings gathering.

23. Destructive Fishing Gear - refers to a fishing gear which by nature of its operation, whether by pushing, towing or other methodologies in which it is operated, destroys, damages or cause to destroy, alter and damage fish and aquatic resources’ shelter and habitats.

24. Electrofishing - the use of electricity generated by batteries, electric generators and other source of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered.

25. Endangered, Rare and/or Threatened Species - aquatic plants, animals including some varieties of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules, regulation and administrative orders or in the Protected Areas and wildlife Bureau of the Department of Environment and Natural Resources (DENR) and in the Convention on the International Trade of Endangered Species of Flora and Fauna (CITES).

26. FARMC - the Fisheries and Aquatic Resource Management Council. 27. FARMO - the Fisheries and Aquatic Resource Management Officer. 28. FARMU - the Fisheries and Aquatic Resource Management Unit 29. Farm-to-Markets Roads - shall include roads linking the fisheries production sites,

coastal landing point and other post-harvest facilities to major markets and arterial roads and highways.

30. Fine Meshed Nets - refer to nets used in fishing which is three (3) centimeters in opening, measured between two (2) opposite knots of a full mesh when stretched.

31. Fish and Fishery/Aquatic Products - include not only finfish but also mollusks, crustaceans, echinoderms, marine mammals and all other species of aquatic flora and fauna and all other products of aquatic living resources in any form.

32. Fish Cage - is a method of culturing fish and aquatic resources in an enclosure which is either stationary or floating made up of nets or screen sewn or fastened together and installed in the water with opening at the surface or covered and held in place by bamboo or wood stakes or various types of anchor and floats.

33. Fish Corral or “Baklad”- a shallow water entrapment or offshore floating traps, devise to intercept and capture fish, consisting of rows of fences made of split bamboo matting, plastics nets or screen and other materials with one or more enclosures, usually with easy entrance but difficult exit and with or without leaders to direct the fish to the catching chambers, purse or bags held in place by bamboo or wood stakes or various types of anchor and floats.


34. Fisheries - refers to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing aquatic resources and the fishery areas, including the privilege to fish or take aquatic resource thereof.

35. Fisherfolk - people directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources.

36. Fisherfolk Cooperative - a duly registered association of fisherfolk with common bond of interest, who have voluntarily joined together to achieve a lawful common social and economic end or undertaking, making equitable contribution to the capital requirement and accepting a fair share of the risks and benefits in accordance with universally accepted cooperative principles.

37. Fisherfolk Organization - an organized group, association, federation, alliance or an institution of fisherfolk which has at least fifteen (15) members, a set of officers, a constitution and by-laws, and organizational structure and a program of action.

38. Fish Fry - a stage at which a fish has just been hatched usually with size from 1-2.5 cm. 39. Fish Fingerlings - a stage in the life cycle of the fish measuring to about 6-13 cm.

Depending on the species. 40. Fishing - the taking of fishery species from their wild state or habitat, with or without

the use of fishing vessels and/or fishing gears. 41. Fishing gears - any instruments or device and its accessories utilized in taking fish and

other fishery species. a. Active Fishing Gear - a fishing device characterized by active movement of gear

and/or the pursuit of target species by towing, lifting and pushing the gears; surrounding, covering, dredging, pumping and scaring the target species to impoundments such as, but not limited to trawl, purse seines, Danish seines, bag nets, paaling, drift gill net and tuna longline.

b. Passive Fishing Gear - is characterized by the absence of gear movement and/or the pursuit of the target species; such as, but not limited to, hook and line, fishpots, traps and gill nets across the path of the fish.

42. Fishpond - a land base facility enclosed with earthen or concrete dikes to impound water for growing fish.

43. Fishing Boat/Gear License- a permit to operate specific types of fishing boat/gear for specific duration in areas within municipal waters to catch demersal or pelagic fishery resources.

44. Fishing Vessel - any boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one (1) or more vessels in the performance of any activity relating to fishing including but not limited to the preservation, supply, storage, refrigeration, transportation and/or processing.

45. Fishing with Explosive - the use of dynamite or other chemical compounds that contain combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all parts of the compound, will kill, stupefy, disable or render unconsciousness to any fishery species and aquatic resources and capable of damaging and altering the natural habit.

46. Fishing with Noxious or Poisonous Substances - the use of any substance, plant extract or juice thereof, sodium cyanide and/or cyanide compound of other chemicals either in a raw or processed form, harmful or harmless to human being, which will kill, stupefy, disable or render unconsciousness to any fishery species and aquatic resource and capable of damaging and altering the natural habitat.

47. Fish Worker - a person regularly or not employed in commercial fishing and related industries, whose income is either in wage, profit-sharing or stratified sharing basis, including those working in fish pens, fish cages, fish corrals/traps, fishpond, prawn farms, sea farm, slat beds, fish ports, fishing boat or trawler, or fish processing and/or packing plants. Excluded from this category are administrators, security guards and overseers.

48. Foreshore Land - a string of land margining a body of water, the part of seashore between the low-water line usually at the seaward margin of a low tide terrace and the upper limit of wave wash at high tide usually marked by a beach scarp or berm.

49. Fully-Developed Fishpond Area - a clean leveled area enclosed by dikes, at least one foot higher than highest floodwater level in the locality and strong enough to resist pressure at the highest tide; consist of at least a nursery pond, a transition pond, a rearing pond or a combination of any or all said classes of ponds and a functional water control system and producing in a commercial scale.

50. Gratuitous Permit - a permit issued by the Mayor for fishing privileges purposely for scientific, research and /or educational purpose only.

51. Gravid - a stage in life of marine species ready to release eggs for fertilization.


52. Gross Tonnage - includes the under deck tonnage, permanently enclosed spaces above the tonnage deck, except for certain exemptions. In broad term all the vessel’s closed-in spaces expressed in volume terms on the basis of one hundred cubic feet (that equals one gross ton).

53. Handlines - long simple fishing line with a small series of baited hooks requiring a constant attention.

54. Harvestable Angelwing Bivalve or Mollusks - it has a measurement of not less than three (3) inches.

55. Inland Fishery - the fresh water fishery and the brackish water fishponds. 56. KAPCCO - Kalibo Angelwing Protection and Conservation Council. 57. Longline - extremely long fishing line with a large series of baited hooks either set or

drifted and requiring only periodical attention at more or less fixed interval of time. 58. Limited Access - a fishery policy by which a system of equitable resource use and

allocation is established by law through fishery rights granting and licensing procedure as provided by this Ordinance.

59. Mangroves - a community of intertidal plants including all species of trees, shrubs, vines and herbs found on coasts, swamps or border of swamps.

60. Mariculture - fishery operations involving all forms of raising and culturing fish and other fishery species in brackish and marine water areas.

61. Migratory Species - refers to any fishery species which in the course of their life could travel from freshwater to marine or vice versa, or any marine species which travel over great distance in the ocean or vice-versa, as part of their behavioral adaptation for survival and speciation: a. Anadromous species -marine fishes which migrate to freshwater areas to spawns; b. Catadromous species - freshwater fishes, which migrate to marine areas to spawn.

62. Marine Protected Area - is an area identified and delineated/delimited by and supported with Ordinance purposely for the protection, preservation and propagation of all Coastal and marine species, applicable to a specified use of which accessed are regulated, monitored and controlled.

a) Sanctuary is strictly No-Takers Zone purposely for the reproduction of various species in habitat with the idea that species in abundance will supply the immediate vicinity.

b) Government Reservation Area is a regulated area where fishery activity is allowed in limited number using fish stocks friendly fishing gear/s.

c) Tourism Zone is a regulated area for recreational or sport activity. 63. MFARMC - Municipal Fisheries Aquatic Resources and Management Council. 64. Monitoring, Control and Surveillance:

Monitoring - the requirement of continuously observing: (1) fishing effort, which can be expressed by the number of fishing gears and number of days or hours of fishing, number of fishing gears and number of fisherfolk; (2) characteristics of fishery resources; and (3) resource yields catch;

Control - the regulatory condition (legal framework) under which the exploitation, utilization and disposition of the resources may be conducted; and

Surveillance - the degree and types of observations required to maintained compliance with regulations.

65. Municipal Fisherfolk - persons who are directly or indirectly engaged in municipal fishing and other related fishing activities.

66. Municipal Fishing - refers to fishing within municipal waters using fishing vessels of three (3) gross tons or less, or fishing not requiring the use of fishing vessels.

67. Municipal Waters - include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 (the NIPAS Law), public forest, timberlands, forest reserves or fishery reserves but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline.

68. Non-Renewable Resources - are resources, which include sand, gravel, pebbles, rocks and boulders.

69. Open Season - a period in time wherein authorized and accredited angelwing gatherers are allowed to harvest and gather mature and harvestable angelwing bivalves and mollusks.

70. Overfished Area - is an area within the municipal water, which cannot sustain the fisheries. It can be due to any of the following: (i) too much harvesting in such a way that the mean size of fish captured is suboptimal for providing effective yields from


fishery; (ii) intense fishing pressure by which the process of fishery restocking through reproduction and resettlement is impaired; (iii) shift in community structure from a fishery dominated by valuable species to one dominated by species of less economic value or utility; and (iv) when resource users faced with declining catches and lacking any other alternative, initiate wholesale resource destruction in their effort to maintain their income.

71. Payao - a fish aggregating device consisting of a floating raft anchored by a weighted line with materials attached underneath such as palm fronds to attract pelagic and schooling species common in deep waters.

72. People’s Organization - a bona fide association of citizens with demonstrated capacity to promote the public interest and with identifiable leadership, membership and structure. Its members belong to a sector/s who voluntarily bands themselves together to work for and by themselves for their own upliftment, development and greater good.

73. Permit - is a document issued to license holders before engaging in fishing using particular gear and/or boat or engage in any fisheries activities within the municipality.

74. Post-Harvest Facilities - these facilities include, but are not limited to, fishports, fishlandings, ice plants and cold storages, fish processing plants.

75. Prior Informed Consent Certificate refers to the consent obtained by the applicant of bioprospecting activity from local government unit (LGU), Protected Areas Management Board (PAMB) and private land owner concerned, after disclosing fully the intent and scope of such activity in a language and process understandable to the community.

76. Push Nets (Hudhud) - triangular framed, collapsible net operated by one man and the capture effected by a forward, horizontal motion along the bottom of shallow waters within wading depths.

77. Purse Seine - a form of encircling net having a line at the bottom passing through rings attached to the nets, which can drawn or pursed. In general, the net is from a boat or pair of boats around the school of fish. The bottom of the net is pulled closed with the purse line. The net is then pulled aboard the fishing boat or boats until the fish are concentrated in the fish bag.

78. Sabalo - mother bangus, with a measurement of approximately 60 cm from the tip of the snout to the tip of the caudal fin.

79. Santuary - is a designated area within the municipal waters where fishing and other human activities are prohibited.

80. SEAFDEC - Southeast Asian Fisheries Development Center. 81. Sea farming - the stocking of natural or hatchery-produced marine plants or animals,

under controlled conditions, for purposes of rearing and harvesting, but not limited to commercially-important fishes, mollusk (such as pearl and giant clam culture) including seaweeds and seagrasses.

82. Sea Ranching - the release of the young of fishery species reared in hatcheries and nurseries into natural bodies of water for subsequent harvest at maturity or the manipulations of fishery habitat, to encourage the growth of the wild stocks.

83. Superlight - also called magic light, is a type of light using halogen or metal halide bulb, which may be located above the sea surface or submerged in the water. It consists of ballast, regulator, electric cable and socket. The source of energy comes from a generator, battery or dynamo coupled with the main engine.

84. Sustainable Use - means the utilization of components of biological diversity in a way and a rate that does not lead to the long-term decline, hereby maintaining its potential to meet the needs and aspirations of the present and future generations.

85. Tagad or Daras - a local term for a rake or a flat bar like instrument that is used in extracting clams. It could be made of metal, wood, hard plastic or a combination of different materials.

86. Total Allowable Catch (TAC) - the maximum harvest allowed to be taken during a given period of time from any fishery area, or from any fishery species or group of fishery species, or combination of area and normally would not exceed Maximum Sustainable Yield.

87. Trawl - an active gear consisting of a bag shaped net with or without otter boards to open its opening which is dragged or towed along the bottom or through the water column to take fishery species by straining them from the water, including all variations and modifications of trawl (bottom, mid-water and baby trawls) and low nets.

ARTICLE 3. BOUNDARIES AND CLASSIFICATION OF MUNICIPAL WATERS

Section 5. Area and Territorial Boundary. Pursuant to and subject by R.A. 7160 - the

Local Government Code, R.A. 8550 - the Philippine Fisheries Code of 1998 and as defined in


Article 2, No. 63 of this Ordinance, the Municipal Waters of the Municipality of Kalibo, Aklan is approximately (211.0665 square kilometers or 21,106.65 hectares)* bounded on the NE, by the Municipal Waters of Numancia, on the SE, by land area of the Municipality of Kalibo, on the SW, by the Municipal Waters of New Washington, and on the NW, by Sibuyan Sea. The bearings and lines are specifically described in Annex “A”- Municipal Waters of Kalibo Sketch Map and made as an integral part hereof.

Section 6. Zoning of Municipal Waters. To ensure consistent, cohesive and harmonious planning and management, and in order to promote the sustainable development through integrated coastal resource management, the municipal waters of the Municipality of Kalibo, Aklan are hereby divided into Zone or Areas and Classified. These will be farther divided into Lots when monitoring data/results warrants such action. The Coastal Zoning Map of Kalibo is hereby made an integral part of this Ordinance as Annex “B”.

Section 7. Coastal Barangays. To effectively manage our Fisheries and Coastal Areas, and as defined in Article 2, No. 15 of this ordinance as well as guide concerned entities in their implementation, the ten (10) coastal barangays of the Municipality of Kalibo are hereby identified: Andagao, Bakhaw Norte, Bakhaw Sur, Briones, Buswang New, Buswang Old, Caano, Mabilo, Nalook and Pook.

ARTICLE 4. UTILIZATION, DISPOSITION, ALLOCATION, MANAGEMENT AND DEVELOPMENT OF FISHERIES AQUATIC RESOURCES

Section 8. User of Municipal Waters. The use and exploitation of fishing and aquatic

resources in the municipal waters in the Municipality of Kalibo, Aklan shall be reserved exclusively for all registered fisherfolk of the municipality; provided they are utilizing vessels three (3) gross tons and below, and using non-destructive fishing gears. (a) Hereunder are eligible users of municipal waters:

1. Filipino citizen and resident of the Municipality of Kalibo, Aklan. 2. Partnership, Associations, Corporations duly registered under the laws of the

Philippines, duly accredited by the Municipal Government and whose capital stock belong wholly to Filipino citizens, and are residents of Kalibo, Aklan.

3. Cooperatives duly registered in accordance with law and duly accredited by the Municipal Government, and are residents of Kalibo, Aklan.

(a) It shall be unlawful for persons, partnerships, cooperatives, associations or corporations not qualified by law and this Ordinance for that effect, to engage, personally or through other persons at any means, in fishing, catching or collecting aquatic products, or engaging in any fishery activity in the Municipal Waters.

(b) Other users such as but not limited to, research and monitoring activities may be allowed by the Municipal Mayor under appropriate regulations or permission, for purely research, scientific, technological and educational purposes.

Section 9. Establishment of Closed Season. The Municipal Government, through legislative action, upon consultation with the FARMC may declare a closed season on gathering or catching specific species of fishes at specific time or season, such as breeding, spawning or hatching seasons with the aim of preserving its fry or young to mature and/or declare a portion of the municipal water as marine reserve for special or limited use, like research, special management or projects and use of Municipal fisherfolk as well as for protection, conservation and propagation purposes.

Section 10. Mangrove Protection and Conservation. No person, partnership, cooperative, organization or groups shall exploit, utilize and develop mangrove areas without approval of the Sangguniang Bayan, the Municipal Mayor through the Fisheries and Aquatic Resources Management Unit (FARMU) and FARMC in coordination with the Department of Environment and Natural Resources (DENR) and Bureau of Fisheries and Aquatic Resources (BFAR), shall develop program that promote and ensure community participation in the management and rehabilitation of mangrove areas; Provided that mangrove areas subject to private ownership, is not covered by this provision.

Section 11. Establishment of Marine Protected Area. The Municipal Government through legislative action, and upon consultation with FARMC, Barangay concerned in coordination with the DENR and BFAR may declare a certain area in Municipal Waters as Marine Protected Area such as; Marine Sanctuary, Marine Reserve and Tourism Zone if applicable purposely to closely regulate access for its protection and conservation.


Section 12. Protection and Conservation of Rivers, Streams and Wetland. The Municipal Government, in coordination with national agencies, the FARMC and other concerned organizations shall regulate all activities which result or will likely result to the degradation of fishery and aquatic resources, within rivers streams and wetlands in consonance with the provision of DILG Memorandum Circular 2002-62 and FAO 216 of the Department of Agriculture.

Section 13. Temporary Bans and Closures in Case of Emergencies . The Municipal Mayor may temporarily by means of Executive Order, in exceptional cases where, based on best available information a clear and present danger exists that continued fishing will result in serious harm and danger to the public health or damage to the habitat and/or coastal environment. Provided, that such ban or closure shall be effective for not more than sixty (60) days; provided further that within fifteen (15) days of the ban or closure, the Sangguniang Bayan shall convene a special session to determine the factual basis for imposition of the ban or closure be lifted, upheld, or extended for such period as may be necessary to protect the public or the environment. Such action shall be expressed by means of a SB Resolution for the purpose; provided that should the Sanggunian deem it necessary to make the ban or closure permanent, the same shall enact an appropriate ordinance.

Section 14. Ban on Certain Fishing Gears and Methods. The Sangguniang Bayan in

consultation with FARMC, through an appropriate ordinance, bans the use of any specific fishing gears and/or methods within the municipal waters or any specified areas of the municipal waters. When such ban is necessary to protect the vital habitats of fishes and other aquatic species such as coral reefs and sea grass beds or to prevent over-fishing.

Section 15. Extraction of Non-Renewable Coastal Resources. No person, corporation, cooperatives, partnership, organizations or groups shall extract, transport or cause to extract non-renewable coastal resources defined in Article 2, No. 64 of this ordinance without permits or licenses from authorized agencies, organizations, councils and the Municipal Government in accordance with existing policies.

Section 16. Aquaculture Development. The Municipal Government shall ensure the development of coastal area, pursued responsibly and with minimal impact on the diversity and ecosystem integrity of municipal waters and local communities in accordance with DA-FAO 214, series of 2001. No Structures shall be allowed in rivers less than 20 meters in width and not over ten (10) percent of the suitable water area of all rivers shall be allotted for aquaculture relative to its carrying capacities.

Existing fishery structures shall be inspected and monitored for compliance of DA-FAO 214. Those located especially in riverine outside the designated zone or not in accordance with, shall be abated and cleared. Marginal Fisherfolk are given preferential privileges to occupy riverine areas adjacent to fishponds provided, said structures do not obstruct the water gates and immediate area.

Section 17. Mariculture Development. The Municipal Government must promote diversification to other means of aquaculture. Offshore culture of groupers, Seaweeds and other marine species shall be considered for additional income, preservation and conservation of coastal and fisheries resources. Provided however that marine aquaculture development shall consider the genetic diversity and ecosystem integrity of the municipal waters and the livelihood of the people and their access to fishing grounds are not adversely affected.

Section 18. Promotion of Freshwater Aquaculture. Inland aquaculture particularly culture of freshwater species is a good alternative source of income to diversify pressure on coastal fishery resources; provided, that the Municipal government shall formulate guidelines and procedures in its development.

Section 19. Compliance with Water Quality and Food Safety. The FARMU in coordination with the Municipal Environment and Natural Resources Officer, FARMC and other Government Agencies, shall monitor compliance with the beneficial use of water and seafood quality standard set by regulatory agencies according to resource use and in compliance with international standards relevant to seafood trade.

All activities in the grounds or water with such deleterious effect which harm living and non-living aquatic resources, hazards to human health, hindrance to coastal or fishery activities such as fishing and navigation, including dumping/disposal of waste and other marine litter shall be prohibited: Provided, that it shall be the responsibility of the polluter to contain, remove and clean-up of pollutants at his own expense; provided however, that in case of failure to do so, the municipal government in coordination with other concerned agencies and institutions, shall


undertake containment, removal and clean-up operations and the expenses shall be charged against the person and/or entities responsible for such pollution.

Section 20. Regulating Bioprospecting on Coastal and Marine Re sources. No

scientific research, collection and utilization of biological and genetic resources shall be conducted without securing a Prior Informed Consent (PIC) Certification from the Municipal Government through the FARMU, Head of Protected Area Management Board (PAMB) or landowner concerned before prospecting shall be allowed; this is in coordination with the Department of Environment and Natural Resources (DENR), FARMC and other concerned organization and entity, as embodied in Executive Order 247 dated May 18, 1995 by the President of the Philippines and DENR-DAO 96-20.

The following shall be required for submission:

a) A copy of Summary of the Research Proposal, either Academic or Commercial

Research. b) Endorsement/Certification from the DENR c) Copy of the output/result of the undertaking shall be furnished to the municipal

government.

Section 21. Support to Municipal Fisherfolk . The Municipal Government in coordination with DA-BFAR, DENR and other government agencies shall provide support to marginal fisherfolk through appropriate fishing technology and research, production and marketing assistance, and other services such as but not limited to training for additional or supplementary livelihood.

Section 22. Post Harvest Facilities. The Municipal Government with the active

participation of cooperatives, non-governmental organization, private sectors and other concerned agencies and the FARMC, shall initiate the establishment of Post harvest facilities such as, but not limited to, fish landing sites, fish ports, ice plants and cold storage facilities and other fish processing utilities to serve primarily the needs of fisherfolk; provided that such post-harvest facilities shall be consistent with the comprehensive post -harvest and ancillary industries plan.

ARTICLE 5. FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCIL (FARMC)

Section 23. Barangay and Municipal FARMC. The Barangay Fisheries and Aquatic Resources Management Council (BFARMC) is hereby strengthened in every coastal barangay and shall have the following functions:

� Assist in the preparation of the Barangay/Municipal Development Plan and submit such plan to the Barangay/Municipal Development Council;

� Recommend the enactment of municipal fishery ordinances to the Sangguniang Barangay/Bayan through its Committee on Fisheries;

� Assist in the enforcement of fishery laws, rules and regulations in municipal waters; and

� Advise the Sangguniang Barangay/Bayan on fishery matters through its Committee on Fisheries.

Composition of the BFARMCs. The regular members of the BFARMC shall be composed of: a. Chairperson of the Sangguniang Barangay Committee on Agriculture Fisheries b. Representative from the Barangay Development Council. c. Representative from an accredited non-government organization. d. Representative from the private sector. e. At least eight (8) representatives of the fisherfolk/fishworkers including the youth

and women sectors.

To institutionalize the major role of the fisherfolk and other resource users in the planning and formulation of policies and programs for the management, conservation, protection and sustainable development of fisheries and aquatic resources, the Municipal Government through the Fisheries and Aquatic Resources Management Unit (FARMU) shall strengthen the existing Barangay and Municipal FARMC through integration in the Barangay and Municipal Development Councils (B/MDC), Municipal Agriculture and Fishery Council (MAFC), Peace and Order Council (POC), Barangay/Municipal Disaster Risk Reduction and Management Council (B/MDRRMC) and other organized advisory body. The operation of Barangay and Municipal FARMC shall be in accordance with DA-FAO 196, series of 2000.

Kalibo Sangguniang Bayan “ORDINANCE NO. 2013-005 Section 24. Persons and Deputies Authorized to Enforce this Co de. Officers and members of FARMC as well as Punong Barangays and Barangay Kagawad shall undergo trainings and be deputized as Fish Warden and shall work and coordinate harmoniously especially on fishery matters with the municipal government and other government law enforcement agencies. The Fisheries and Aquatic Resources Management Unit (FARMU), Philippine National Police, Municipal Treasurer, Bantay-Dagat Task Force, KAPCCO and other individuals that shall be created and Deputized by the Municipal Mayor, shall be hereby authorized to enforce this ordinance, national fishery laws and other related laws, rules and regulations. Section 25. Funding Support of the BFARMC, MFARMC and Deputy F ish Warden. The Barangay Council as well as the Municipal Government shall appropriate fund annually for the operation of the Barangay and Municipal FARMC. The Local Government Unit of Kalibo shall allocate in the Annual Budget to grant monthly honorarium or incentive to each 12 Deputy Fish Wardens (Bantay Dagat) who are actively enforcing fishery laws and ordinances and other coastal resources rules and regulations.

The Monthly Honorarium shall not be less than P4,000.00 and not to exceed P5,000.00 monthly to each of the 12 Deputized Fish Warden.

Proceeds on Fisheries and Aquatic Resources Managem ent. Collected fishery fees shall accrue to the special account of the General Fund to be expended as follows: 15% for the barangay share, 85% for FARMC operation, Deputy Fish Warden Incentives and Patrol Operation; and for Fisheries Programs and Projects of the Municipality.

ARTICLE 6. REGISTRATION, OPERATION AND PERMIT

Section 26. Maintaining and Updating Fishery-Related Registry. The Code requires all FARMC’s to maintain and regularly update, and to furnish copy of the following records to the Municipal government, through the Fisheries and Aquatic Resources Management Unit (FARMU)

a. Registry of Fisherfolk and Fishworkers b. Registry of Fishing Vessels, Gears, Equipment and establishment for each coastal

and inland barangays c. Registry of Fishpond Operators and Fishpond Area d. Registry of Post-harvest Facilities

Section 27. Registry of Municipal Fisherfolk and Fishworkers. All persons desiring to

be licensed to fish within the municipal waters of the Municipality must register in the Registry of Fisherfolks and Fish workers. Only bonafide residents for one (1) year are eligible for inclusion in such registry. The listing of registered persons shall be updated annually and posted in Barangay Halls and FARMU office for public inspection and validation: Provided that the crewmembers of fishing vessels owned and operated by bonafide residents of the Municipality shall be registered as fish worker.

Section 28. Procedure for Registration. Immediately after the approval of this Code, a General Registration for Fisherfolk and Fishworkers will be conducted, spearheaded by the FARMU, free of charge, in coordination with respective coastal Barangay FARMC and Barangay Council. The Barangay FARMC shall submit to the FARMU a list of all eligible municipal fisherfolk and fish workers, duly endorsed by the Chairman.

Section 29. Registry of Municipal Fishing Vessel, Gear and Est ablishment. All municipal Fishing vessels three (3) gross tons and below operating within the municipal waters must register in the Registry of Municipal Fishing Vessel. The listing of registered vessels shall be annually updated and made available for public inspection at the FARMU office. This Registry of Municipal Fishing Vessels may be used for the purpose of determining priorities between users of Municipal waters. All fishing gears must be registered to corresponding Registry for its regulation and development. Section 30. Conditions for Registration of Municipal Fishing V essel and Gear. The following shall be required for the registration of a municipal fishing vessel in the Registry:

a. Submission of all information required in the Registration Form, particularly those pertaining to the actual ownership of the vessel;


b. The vessel is not, at the time of registration, the subject of, or evidence, in a

pending case for violation of any fishery ordinance, law, rules or evidence, in a pending case for violation of any fishery ordinance, law, rules and regulations within the municipal waters;

c. An Inspection Report showing that the vessel complies with the color-coding and identification requirements of the Municipality.

d. For Fishing Gear: No Certificate of Ownership shall be issued to applicant fisherfolk with fishing gears deemed, unauthorized or illegal as duly confirmed by BFARMC. Fishing gear shall be marked qualified as the basis for issuance of Certificate of Ownership. Certificate of Ownership shall be issued by the Punong Barangay duly attested by the BFARMC Chairperson.

e. All registered gear or gathering equipment shall be issued a plate with corresponding number and shall be attached to the equipment during gathering operations including aggregating devices.

Section 31. Color-Coding and Vessel Identification Scheme. For purposes of easy identification of registered vessels, all duly registered municipal fishing vessels, both motorized and non-motorized shall bear the corresponding boat numbering and identification in BLACK color as assigned by the FARMU, with 18 x 24 inches dimension YELLOW BACKGROUND with black borderline. Any vessel found operating within the municipal waters and which does not comply with the foregoing color-coding and identification scheme shall be presumed to be without a license and subject to boarding and inspection by Fishery Law Enforcement Officers. Section 32. Minimum Conditions for Grant to all Fishing Licens es. The following conditions must be complied for the issuance of fishing licenses:

� Letter of Intent duly indorsed by the Municipal Mayor. � Duly accomplished Application Form. � BFARMC/MFARMC Indorsement. � Barangay Clearance and Police Clearance � Community Residence Certificate for individuals and/or Certificate of Registration

or Accreditation for corporations, organization, associations and cooperative. � The licensee or vessel must be registered in the respective Registry of Municipal

Fisherfolk and Municipal Fishing Vessel. � Official Receipt of Payment of applicable fees. � The license shall be valid only within specified zones or lots as identified in Annex

“B”-Coastal Zoning Map of Kalibo of this ordinance as certified by the Zoning Officer of the Office of the Municipal Planning and Development Coordinator.

� Prior to the issuance of the license, an Orientation on Fishery Laws, Ordinances, Rules and regulations shall be conducted.

� The license shall be carried at all times on the person of the licensee or on board the license vessel;

� In case of violation of the terms and conditions in the license, the licensee or vessel-owner undertakes to submit himself or herself to the administrative processes, fines, penalties, charges and indemnity without prejudice to prosecution in a criminal case for any other violation of law arising out of the same acts.

Section 33. Municipal Fishing License. Only those duly registered in the Registry of Municipal Fisherfolk may be issued Municipal Fishing Licenses. Municipal Fishing Licenses may pertain to the person, boat or gear; Provided that in the case of gear license, any fishing gear which has been newly invented or not previously used in municipal waters shall be considered as “new gear” and shall not be presumed to be eligible for licensing until proven otherwise. Section 34. Renewal of Licenses and Permit. Licenses/ Permit shall be renewed within first 20 days of February of each year and expires every end of December of that year. A penalty shall be charged for all late renewal applicants. Motorized Fishing Vessels shall be renewable every two (2) years. Section 35. Fishpond Operator’s Permit. All fishpond Operators operating within the municipality shall secure a Fishpond Operator’s Permit, subject to the following terms and conditions:

a. The permitee submits the following documents:


1. A valid Fishpond Lease Agreement (FLA), title or Tax Declaration whichever is applicable; and

2. An endorsement from the FARMC of the area where the fishpond is located. b. The permittee undertakes not to clear any mangrove areas, and shall rehabilitate any

mangrove areas that are damaged by the fishpond activity; c. The permittee undertakes to compensate for any losses or damages that may be

incurred by the Municipality on account of violation of the terms and conditions of the permit;

The FARMU shall be responsible to determine other kinds of fishpond operations other

than identified in this Ordinance.

Section 36. Mariculture Operator’s Permit. The Municipality may issue a Mariculture Operator’s Permit to a person duly registered in the Registry of Municipal Fisherfolk and Fish Workers, or their cooperatives or associations, subject to the following terms and conditions:

a. The permittee submit the following documents: 1. Environmental Compliance Certificate (ECC) or its equivalent; and 2. An endorsement from the FARMC of the area where the activity is located,

b. The permittee undertakes not to obstruct any navigational lanes, migration paths of fish species, or flow and ebb of tides;

c. Upon expiration of the Permit, the permittee shall remove all structures and improvements.

The FARMU shall be responsible to determine other kinds of mariculture operations other

than identified in this Ordinance.

Section 37. Auxiliary Invoices. All fish and fishery products must have an Auxiliary Invoice to be issued by this municipality or its duly authorized representative prior to their transport from this municipality to their point of destination in the Philippines and/or export purposes upon payment of a fee to be determined by this municipality to defray administrative cost.

Section 38. Preferential Rights of Municipal Fisherfolk, Orga nization and/or Cooperatives. Duly registered fisherfolk in the Registry of Fisherfolk and Fish worker in the Municipality and their organizations, and/or cooperatives shall have priority in the issuance of permits and licenses.

This Fisherfolk, organizations and/or cooperatives may be granted use of demarcated fishery areas to engage in fish capture, mariculture and/or fish farming; Provided, however that an organization or cooperative member whose household is already in possession of a fishery right other than for fish capture cannot be granted the preferential right to the organization or cooperative.

Section 39. Accreditation of Fisherfolk Associations, Organiza tion and or

Cooperatives. In order to avail of any privileges granted to fisherfolk cooperatives and associations under the law and this Ordinance, such organizations must be recognized and accredited with the Sangguniang Bayan.

The following conditions must be complied with in order for a municipal fisherfolk

cooperative or association to be eligible for accreditation with the Municipality: a. Majority of the members of the cooperative or association must be fisherfolks who are

residents of the Municipality and registered in the Registry of Municipal Fisherfolk and Fish Worker;

b. The home office of the cooperative or association must be located within the Municipality.

Section 40. Privileges. Upon accreditation a cooperative or association of municipal

fisherfolk may be granted the following privileges:

a. Preference in the grant of fishery rights and privileges as may be determined by the FARMU;

b. Exclusive use of defined portions of the Municipal waters such as demarcated fishery areas and/or demarcated fishery rights for purposes of fish capture, mariculture or fish farming;

c. Issuance of fishing vessels license owned or operated by the cooperative/association; d. Operation of post-harvest facilities; e. Participate in the selection of representatives to the FARMC;


f. Such other privileges as may be subsequently granted by law or ordinance. Section 41. Registration and Licensing of Fisheries Post-Harve st Facilities. All post-

harvest facilities such as fish drying area/s, fish processing plants, ice plant, cold storage, private fish/landing centers and other fishery business establishments must register with the Fisheries and Aquatic Resources Management Unit (FARMU) and secure permit from to operate from the Office of the Mayor or his duly authorized representative and pay corresponding fees. Provided, that it shall satisfy prescribed minimum standard and consistent with the comprehensive post harvest and ancillary industry plan specified by BFAR and DENR. Provided farther, that it shall undertake an EIA and secure ECC from DENR.

Section 42. Environmental Impact Assessment (EIA). Any agency corporation firm or

entity, whether public or public or private, who intend to undertake activities or projects, which will affect fishery and aquatic resources within the waters of the Municipality of Kalibo, Aklan must prepare a detailed Environmental Impact Assessment prior to such undertaking in accordance with Presidential Decree 1586 and in conformity with DA-DENR Joint Memorandum No.1, such EIA shall be submitted to the DENR for review and evaluation. No person, natural or juridical shall undertake such project or activity without first securing an Environmental Compliance Certificate (ECC) from DENR.

Section 43. Registration of Fish Hatchery, Breeding Facilities , Fry Stockyard/House

and Fishponds. Fishery establishment but not limited to fish hatcheries, breeding facilities, fry stockyard/house and fishpond shall register with the Fisheries and Aquatic Resources Management Unit (FARMU).

Section 44. Report of Fish Catch/Harvest. Individuals and entities who operate

aquaculture projects such as but not limited to fish hatcheries, breeding facilities, fry stockyard/house and fishpond, and engage in fish capture with licenses and/or permit in Municipal waters, mandated for a YEARLY REPORT that shall conform with the provisions of DA-FAO 218, series of 2001 and shall farther submit to the Fisheries and Aquatic Resources Management Unit (FARMU) and annual report of their fish catch showing the kind, quantity and value sold on a monthly basis, in triplicate copies. This is a pre-requisite in the issuance of license and renewal of delinquent licenses.

Section 45. Public Bidding. Subject to the usual accounting and auditing rules, the Municipal Mayor, through the FARMU, may allow identified fishery activities in clearly defined area of the Municipal waters to be parceled out to concessionaires through public bidding; Provided that in case of failure of bidding, the Municipal Mayor may be authorized by the Sangguniang Bayan, to negotiate a contract for the concession; Provided further, that duly registered and bonafide residents of the Municipality or their cooperatives and associations shall have priority and preference in the grant of concessions, whether by public bidding or negotiated contract; Provided finally, that negotiations for concession shall be conducted under conditions of utmost transparency and be subjected to review and approval of the Sangguniang Bayan, through its Committee on Agriculture and Fisheries and the Chairman, Bids Committee.

Section 46. Committee on Auction/Bidding. In cases where there are no registered

organizations or cooperatives or failure of the same to exercise their preferential rights, a Bids Committee is hereby created with the Municipal Mayor as Chairman, the Municipal Treasurer, and two (2) Members of the Sangguniang Bayan as members of the Committee.

Section 47. Exclusive Fishery Privileges. The grant of fishery privileges to construct and

operate fish corrals, oyster beds, mussel beds, seaweed beds or other aquatic beds or gathering of “bangus” fry or fry of other species within a definite zone of municipal waters, operate motorized fishing vessels of 3 gross tons and below, operate non-destructive fishing gears (as determined and identified by the government accredited agencies and or research institutions) and other fisheries and aquaculture undertakings, business or similar operations in the municipality and in the municipal waters, shall be considered as exclusive fishery privileges which shall be granted with preferential rights to duly registered organizations and cooperatives of marginal fishermen. Provided however, that in the absence of such organizations and cooperatives, their failure to exercise their preferential rights, the Sangguniang Bayan may require public bidding held according to the provisions of this Ordinance. The Municipal Mayor is hereby authorized to grant to the rightful person the exclusive privileges of constructing and operating fish corrals, oyster culture beds, mussel beds, seaweed beds or other fishery/ aquatic beds, gathering of “Bangus” fry or fry of other species within a specified zone of the municipal waters for a period of one (1) year subject to renewal.


Other fisheries regulatory functions within the Municipal waters:

a. Authorization of the establishment and operation of ferries, wharves and other structures;

b. Regulations of the preparation and sale of fish for public consumption; c. Approval of measures and adoption of quarantine regulations to prevent the

introduction and spread of diseases.

Section 48. Exclusive Fishery Privileges Licensing Procedures. Applicant for any of the exclusive fishing privileges mentioned in the preceding section shall be required to accomplish a ready available application form/s duly prepared by the FARMU. Basic requisite on all application to avail of the privileges are the following:

1. Letter of Intent of operation duly indorsed by the Municipal Mayor 2. Brgy. and FARMC Clearance of no objection on its operation 3. Police Clearance for the Operator 4. Fisherfolk Registration Certificate 5. Cooperative and other organization must submit Certificate of Registration 6. Residence Certificate

a. For motorized fishing vessels (3 GT and below), non-motorized boat and fishing gear:

1. Boat, engine and gear Barangay Certificate of Ownership or documents of purchase

2. Police clearance not involve in illegal transaction b. For other fishery activities except those which are specified under this Ordinance:

1. Brgy. Clearance from where the owner/operator/in-charge resides c. All applicants shall be processed by the FARMU after the applicants has complied

all the requirements of the business or fishery privileges applied for, except those covered by special or existing national environmental policies and Certified as Inspected.

Thereafter, the application form shall be forwarded to the Municipal Mayor, which is duly countersigned by the Municipal Treasurer upon payment of required fees and charges. In the processing of the application the Municipal Mayor shall satisfy himself that the license applied for will not prejudice public interest and/or that the portion of the area from which an application for lease presented is not covered by any subsisting lease.

Section 49. Fisheries and Aquatic Resources Management Unit (F ARMU). To ensure compliance, efficiency and orderly processing, evaluation and issuance of licenses and permits, the Municipal Agricultural Services Division (ASD) with its Fisheries Section designated as the Fisheries and Aquatic Resources Management Unit (FARMU), shall be the lead unit for coastal and fisheries management and charged with the implementation of this Ordinance.

The Unit shall be headed by Fisheries and Aquatic Resources Management Officer

(FARMO) and support staff (must have previous experience and background in Coastal Resource Management) composed of: Fishery Law Enforcement Officer/Marine Fisheries, Aquaculturist, Fish Processing/Processor, and Patrol boat operator/machinist.

Section 50. Duties and Functions of the FARMU. The FARMU shall have the following

duties and functions: a. Establish and maintain records in relation to Coastal and Fisheries management

such as: 1. BFARMC Registry of Fisherfolk and Fishworkers. 2. BFARMC Registry of Fishing Vessels, Gears, Equipment and establishment for

each coastal and inland barangays. 3. Registry of Fishpond Operators and Fishpond Area 4. Registry of Post-Harvest Facilities

b. Inspect, determine and recommend the appropriate kinds of fishing licenses and permit to be issued by the Municipality, and monitor its operations valid only within its designated area.

c. Evaluate bids for fishery concessions and similar contracts for fisheries activities, in close coordination with SB, OMPDC, and Municipal Treasurer and make recommendation thereon to the Municipal Mayor;

d. Determine and impose upon consultation with the FARMC and approval of the committee on Fisheries of the Sangguniang Bayan, and the Municipal Treasurer appropriate license fees and charges for the grant of fishery rights and privileges within the Municipal waters;


e. Coordinate with the Committee on Fisheries of the Sangunian, the BFARMC and

the MFARMC in the implementation of the Municipal Fisheries and Aquatic Resources Management Development Plan;

f. Facilitate the division of the major Zones of the Municipal waters further into sub-zones/lots for specific purposes if deemed necessary and practicable;

g. Determine and impose administrative fines, penalties, charges, in indemnities for violation of the terms of the fishing licenses issued by the unit or for fishing without such licenses;

h. Determine and impose administrative sanctions and indemnities for all other violations of fishery laws, rules and regulations;

i. Coordinate, maintain and ensure the continuous training of the Fishery Law Enforcement Officers/Deputy Fish Warden authorized hereunder as well as barangay and municipal FARMC;

j. Formulate and issue the pertinent rules and regulations to carry out the duties and functions of the FARMU;

k. Exercise such other functions as may be assigned by the Sangguniang Bayan or delegated by the Municipal Mayor.

Section 51. Mandate for Fisheries and Aquatic Resources Manage ment Planning. The Sangguniang Bayan with coordination from the FARMU and in consultation with the FARMC shall formulate a Municipal Fisheries and Aquatic Resources Management Plan that shall be the basis for the long-term development and management of the fish and other aquatic resources of the Municipality.

ARTICLE 7. RULES AND REGULATIONS GOVERNING THE GATHERING AND/OR

CULTURE OF ANGEL WING (DIWAE)

Section 52. Gathering and/or Culture of Angel Wing (Diwae). 1) No person, partnership, association, corporation or cooperative shall gather or culture angel

wings, seaweeds and other species suitable to culture within the Municipal waters without any of the following permits or license issued by the Mayor in accordance with the provisions of this Ordinance:

a. Permit to Gather b. Permit to Culture c. Barangay Clearance d. KAPCCO Favorable Endorsement e. Proof of MAO Seminar on Angelwing Mollusks and the Environment f. Official Receipts Proving Payment of Applicable Fees g. Gratuitous Permit h. Mayor’s Business Permit

2) Establishment of Open and Close Season

a. Open Season - is that period from May to September wherein authorized and accredited angelwing gatherers are allowed to harvest and gather mature and harvestable angelwing bivalves and mollusks.

b. Close Season - is that period from October to April where the gathering of angelwing bivalve or mollusks resource or diwae is prohibited.

c. A Bulletin Board - shall be maintained at all times at the identified Angelwing site. This Bulletin Board also serves as notice and to inform the public of the regulatory measures and management of the Angelwing bivalve

3) Identification of Harvetible Size of Angel Wing Clams

a) Size of Angelwing Mollusks that may gathered must not be less than Three (3) Inches 4) Person Eligible to Harvest and gather Angelwing Mollusks

a. All persons living along the coastal areas of the Municipality of Kalibo may engage in harveting and gathering of the Angelwing Clams but must first be registered with KAPCCO and the Municipal Agriculture Office.

The purpose of this registration is to monitor all gathering activities and to keep track as well of the number of gatherers. A regulated number of gatherers will assure the level of profitability of the undertaking and also to protect the Angelwing Clams from too much human activity.

5) Use of Flaglet for Bancas and Motorized Boat


a) Flaglets for bancas and motorized boats must first be secured on or before the start of the open season with the KAPCCO and before any daily gathering activity could commence.

b) The flaglets must be placed at the highest portion of the banca or motorized boat to assure its visibility from the shore.

c) The flaglets shall be returned to the KAPCCO right after the end of every harvest day during the entire open season.

6) Identification of Landing Site Zone

a) KAPCCO shall identify specific landing site where all gatherers must unload the gathered mollusks.

b) At the landing site, angelwing gatherers must give and convey the following information necessary for the continuous study and monitoring of the angelwing mollusks, to wit: • The number of kilograms harvested • The number of hours spent in harvesting • Examination and inspection of the mollusks harvested • Other data and information as maybe required by KAPCCO

7) Annual Underwater Assessment a) An annual underwater assessment shall be conducted (by the Office of the Provincial

Agriculture and the Department of Agriculture - Bureau of Fisheries and Aquatic Resources prior to the Open Season) for the purpose of identifying the area where there is an abundant number of harvestable Angelwing mollusks.

The data taken during the underwater assessment will serve as a guide for KAPCCO in recommending to the Office of the Mayor the number of gatherers that may be authorized for that particular season as well as the number of kilograms that may be gathered each day.

8) Number of Authorized Angelwing Gatherers

a) The KAPCCO shall recommend, before the start of the Open Season , to the Municipal Mayor the ideal number angelwing bivalve or mollusk gatherers who are residents of coastal barangays of the Municipality of Kalibo.

Section 53. Creation and Function of the Kalibo Angelwing and Conservation Council (KAPCCO)

1) Creation and Function of the Kalibo Angelwing Protection and Conservation Council

(KAPCCO) - the Municipal Government of through the Municipal Agriculture Office shall facilitate the organization and strengthening of the KAPCCO which shall have the following functions, to wit:

a. Assist in the preparation of the Municipal and Barangay Plan for the protection and conservation of the angelwing clams.

b. Recommend legislative enactments to the Sangguniang Bayan of Kalibo for the protection and conservation of the angelwing clams.

c. Recommend the annual number of gatherers of angelwings to the Municipal Mayor of Kalibo.

d. Assist in the enforcement of the provision of this Ordinance, Executive Orders and regulatory measures issued by the Office of Mayor relative to the implementation of this ordinance.

e. Perform other functions as maybe assigned by the Chief Executive and the Sangguniang Bayan of Kalibo.

2) Composition of the KAPCCO

a) Barangay Captain or authorized representatives of all Coastal Barangays (Pook, New Buswang, Old Buswang, Bakhaw Sur, Bakhaw Norte, Mabilo, Andagaw and Caano)

b) Registered Fisher folks whose primary livelihood is harvesting of angelwing mollusks. c) Chairman for Committee on Agriculture and Aquatic Resources of the Sangguniang

Bayan of Kalibo - Ex officio member d) Representative from BFAR - Ex officio member e) Representative from DENR - Ex officio member f) Representative from DTI - Ex officio member g) Representative from OPA - Ex officio member h) Chairperson of BFARMC- Ex officio member


i) Chairperson of MFARMC- Ex officio member j) Representative from Mun. Agricultures Office - Ex officio member k) Representative from Mun. Tourism Office - Ex officio member

3) Officers of the KAPCCO shall be filled through an election from the registered members and

Barangay Officials and shall have a two (2) year Term of Office. a) Chairperson b) Vice Chairperson c) Secretary d) Treasurer e) Auditor f) 8 Enforcers (Sea Angels)

4) Deputation of KAPCCO Officers and Enforcers

a) Officers and the Angelwing Enforcers shall undergo training and deputized as bivalves wardens and shall work and coordinate with the Municipal Government of Kalibo and other government enforcement agencies in the enforcement of this ordinance.

5) Support to the KAPCCO

a) The Municipal Government of Kalibo will provide support to the KAPCCO through close coordination with the Bantay Dagat, Office of the Provincial Agriculturist, the DA-BFAR, and the SEAFDEC as well as with other government and non-government agencies by securing research data, information, resources, technology, assistance and other services relative to the protection and conservation of the Angelwing Mollusks.

Section 54. RESTRICTIONS FOR FARMING AND CULTURE 1) Restrictions for Farming/Culture of Angelwings (Diwae) a) Size of Angel Wings (Diwae), Seaweed Farm Lot

1. For Individual - Not more than an aggregate maximum area of one (1) hectare, Provided that only one (1) license shall be issued to a family, either to the husband or the wife unless they are living separately and independently from each other and provided further, that any member of the family and living independently may also apply for a license.

2. For partnership, associations, corporations or cooperatives - Not more than an aggregate maximum area of five (5) hectares. a) Establishment of Seaweed Farm Lot - No seaweed farm lots shall be established within a distance of not less than twenty (20) meters from each other nor shall they be so established as to obstruct free navigation, provided however that such a distance shall apply only in case of different ownership for the said farm lots.

3. Restrictions on Angel Wing, Seaweed Gathering No person shall gather, take or remove Angel wing, seaweeds from any farm lot area covered by an existing license to culture except the license thereof, nor shall any person gather, take or remove angel wing, seaweeds from any angel wing, seaweed restricted area without a permit to gather issued by the Mayor.

4. Form and Content of Application All applications shall be accompanied by documents consisting of: a)

Barangay Clearance. b) Article of Incorporation or Partnership and By-Laws. c) Certificate of Registration in case the applicant is a cooperative, corporation, association or partnership.

b) Sketch Plan/ Map of the area applied for No permit shall be issued unless otherwise authorized FARMU

representative has inspected the area.

Section 55. FEES 1) All Angelwing Clam Harvesters/Gatherers shall pay the following amount to wit:

1. Mayor’s Permit - P 100.00 - Municipal Treasurers Office 2. Occupation Fee - P 65.00 - Municipal Treasurers Office 3. KAPCCO Endorsement - P 20.00 - Organizations Treasurer

4. Barangay Clearance - P ____ - Barangay Treasurer

Section 56. APPROPRIATIONS 1) Appropriation for Coastal Resource Management


a) The Municipal Government of Kalibo shall appropriate a yearly budget necessary

to effectively carry out the objectives of this ordinance for the management, conservation, utilization, harvesting, and gathering of the angelwing bivalves.

b) All revenues derived from this ordinance shall be exclusively allocated to Coastal Resource Management (CRM) activities such as but not limited to law enforcement, livelihood program for fisher folks, research, monitoring, training and education.

c) Fifty percent (50%) of all fines and penalties imposed and collected under this Ordinance shall accrue to the Barangay where the offense were committed to help fund the Barangay’s Fishery Development Plan or program.

Section 57. PROHIBITIONS AND PENALTIES

1) All relevant national laws, orders, rules and regulations shall be implemented within the

municipal waters and violation of the same shall constitute violation of this Ordinance. The following acts are hereby prohibited and that penalties are hereby imposed on the violators:

a) It shall be unlawful for any person not registered with the Municipality of Kalibo to gather angelwing mollusks.

b) A penalty of Five Hundred Pesos (P500.00) shall be imposed to each violator and/or an imprisonment of not more than 15 days for the First Offense.

c) A penalty of One Thousand Pesos (P1,000.00) shall be imposed to each violator and/or an imprisonment of not more than 30 days for the Second Offense.

d) A penalty of One Thousand Five Hundred Pesos (P1,500.00) shall be imposed to each violator and/or an imprisonment of not less than 60 days for the Third and Succeeding Offenses.

e) Fishing boat, gears and apparatus used shall be confiscated in Favor of the municipality of Kalibo and may be only releases upon order of the Court or upon payment of a Compromise Discharge Fee of Five Hundred Pesos (P500.00).

f) Angelwing bivalves harvested shall be given to KAPCCO for its care and disposition. g) In case the violator opts not to be prosecuted in court, he/she may pay with the

Municipal Treasurers Office a Compromise Penalty of Five Hundred Pesos (P500.00)

2) It shall be unlawful for any person registered or not registered with the Municipality of Kalibo to gather angelwing clams with a size less than Three (3) inches

a. A penalty of Five Hundred Pesos (P500.00) shall be imposed to each violator and/or an imprisonment of not more than 15 days for the First Offense.

b. A penalty of One Thousand Pesos (P1,000.00) shall be imposed to each violator and/or an imprisonment of not more than 30 days for the Second Offense.

c. A penalty of One Thousand Five Hundred Pesos (P1,500.00) shall be imposed to each violator and/or an imprisonment of not less than 60 days for the third and succeeding offenses.

d. Angelwing bivalves harvested shall be given to KAPCCO for its care and disposition. e. In case the violator opts not to be prosecuted in court he/she may pay with the

Municipal Treasurer Office a Compromise Penalty of Five Hundred Pesos (P500.00)

3) It shall be unlawful for any person whether registered not with the Municipality of Kalibo to use scuba gears, compressors, “tagad”, rake and “daras” and similar tools, gears and equipment in harvesting the angelwing mollusks.

a. A penalty of One Thousand Pesos (P1,000.00) shall be imposed to each violator per offense and/or an imprisonment of not more than three (3) months.

b. Fishing boats, gears and apparatus shall be confiscated in favor of the Municipality of Kalibo. The fishing boats, gears and apparatus confiscated may only be released upon order of the Court or upon payment of a Compromise Discharge Fee of One Thousand Five Hundred Pesos (P1,500.00)

c. Clams harvested shall be given to KAPCCO for its care and disposition. d. An Accessory Penalty of canceling the Mayors Permit previously granted. e. In case the violator opts not to be prosecuted in court, he/she may pay with the

Municipal Treasurers Office a Compromise Penalty of Five Hundred Pesos (P500.00) 4) It shall be unlawful for any person, while in the Municipal waters of Kalibo, to possess

explosives, dynamites, noxious or poisonous substances or chemical compounds which contain combustible elements or electro fishing devices while on board a fishing vessel.

a. A penalty of Two Thousand Five Hundred Pesos (P2,500.00) shall be imposed to each violator per offense and/or an imprisonment of not more than six (6) months.


b. Fishing boat, gears and apparatus used shall be confiscated in favor of the Municipality of Kalibo and may only released upon order of the Court or upon payment of a Compromise Discharge Fee of One Thousand Five Hundred Pesos (P1,500.00).

c. An Accessory Penalty of canceling the Mayors permit previously granted. d. LGU Kalibo shall cause the destruction of the explosives, dynamites, noxious or

poisonous substances or chemical compounds which contain combustible elements or electro fishing devices.

5) It shall be unlawful for any person, while in the Municipal waters of Kalibo, to introduce any aquatic pollutants, including but not limited to fertilizers, pesticides and other substances used in aqua culture operations.

a. A penalty of Two Thousand Five Hundred Pesos (P2,500.00) shall be imposed to each violator per offense and/or an imprisonment of not more than 6 months.

b. Fishing boat, gears and apparatus used shall be confiscated in favor of the Municipality of Kalibo and may only be released upon order of the Court or upon payment of a Compromise Discharge Fee of One Thousand Five Hundred Pesos (P1,500.00).

c. An Accessory Penalty of canceling the Mayors permit previously granted. d. LGU Kalibo shall cause the destruction of the pollutants and disposal of said fertilizers,

pesticides and other substances.

6) It shall be unlawful for any angelwing gatherer to land outside of the designated landing sites. a. A penalty of Five Hundred Pesos (P500.00) shall be imposed to each violator or for

each offense committed. b. In case the violator opts not to be prosecuted in court, he/she may pay with the

Municipal Treasurers Office a Compromise Penalty of Three Hundred Pesos (P300.00).

7) It shall be unlawful for anybody to harvest angelwing during the Close Season.

a. A penalty of One Thousand Pesos (P1,000.00) shall be imposed to each violator and/or an imprisonment of not more than 15 days for every offense committed.

b. Clams harvested shall be given to KAPCCO for its care and disposition.

In case the violator opts not to be prosecuted in court, he/she may pay with the Municipal Treasurers Office a Compromise Penalty of Five Hundred Pesos (P500.00)

ARTICLE 8. RULES AND REGULATIONS GOVERNING THE GRANT OF FISHING

AND/OR FISHERY PRIVILEGES

Section 58. Establishment of Fish Corrals. 1) No person, partnership, association or cooperative shall establish fish corrals in designated area within the municipal waters without necessary permits or license issued by the Mayor in accordance with the provisions of this ordinance. 2) Fish corrals’ catching chamber/ bag shall be made up of either bamboo mattings/ splittings (banata) with slats having a distance of 1 centimeter, or polyethelene net with a mesh size of not less than 3 centimeters from opposite knots when fully stretch. Section 59. Preferential Right of Application. The following rules shall be observed in determining the priority of applications:

a. Duly registered organizations and cooperatives of municipal fisherfolk shall have preferential right;

b. When two (2) or more applicants filed for the same area which is unoccupied and unimproved, the first applicants shall have the right of preference thereto;

c. Between the applicant and a bonafide resident and registered municipal fisherfolk of an area where the seaweed, fish corral or any aquatic bed is located, the latter shall have the right of preference to the said area.

Section 60. Grounds for Rejection of Application, Suspension o r Cancellation of Permits and License. Any applications for gratuitous permit, license or permit may be rejected, suspended or cancelled for the following reasons:

a. Giving false statements in the applications forms; b. Serious or continued violation of existing fishery laws, rules, regulations and the terms

and Conditions stated therein; c. Abandonment of the area granted; d. Lack of interest or voluntary request by the licensee/permittee; e. When public interest so requires;


f. Failure or refusal to pay without justifiable cause, the rentals and/or charges in

accordance with the provisions of this Ordinance. Section 61. Duties and Obligations of Permittee/Licensee.

a. To introduce improvements in the area within one (1) year from the date the permit or license was issued;

b. To pay corresponding surcharge as provided in this Ordinance; c. To keep records of transactions in connection with the permit; d. To submit annual project development report to the Municipal Mayor, through the

FARMU and to make open their financial statement to the Municipal Treasurer for taxation purposes;

e. To allow duly authorized representative of the Municipal Government to inspect all the records required in connection with the operation of the area applied;

f. To give priority to the residents within the area when hiring workers; g. To assume or accept responsibility in protecting the area against deleterious

methods of fishing and to report to the Municipal Mayor or to the authorities concerned, any person found committing any illegal fishing within or adjacent area covered by the permit/ license;

h. The licensee/ permittee shall not subleased nor enter into a subcontract over the area or any portion covered by the license/ permit;

i. To practice environment and fish stock friendly operation through sustainable fishing by catching marketable or mature fishes and other aquatic species, and

j. To vacate the area or any portion covered by the permit or license upon its expiration or Cancellation.

Section 62. Schedule of Fishery related Annual Fees, Charges a nd Licenses.

(a) Registration of Fisherfolk and Fishworker (in the Concerned Barangay) Free (b) Fish corrals erected at Sea: (1 fathom = 6 feet = 1.829 meters) 1 fathom deep but less than 5 fathoms 300.00/Annum 5 fathoms but less than 8 fathoms 500.00/Annum 8 fathoms but less than 10 fathoms 800.00/Annum 10 fathoms and above 1,500.00/Annum (c) Fishing operation without Banca

Push Nets (Hudhud, Sagudsud, Suwayang) 60.00/Annum Cast Net (Eaya) 25.00/Annum Pole and Line 25.00/Annum Others 25.00/Annum

(c) Fishing operation with Banca Non-Motorized Banca (Free) Motorized Boat: Less than 1 Gross Ton 150.00/ 2 Years

1 GT to 2.0 GT 200.00/ 2 Years 2.1 GT to 2.5 GT 300.00/ 2 Years 2.6 GT to 3.0 GT 500.00/ 2 Years (e) Fishermen using nets 1. Pante “Palubog” (Bottom Set Gill Net) 100.00/Annum 2. Pante “hampas” (Drive in Net) 50.00/Annum 3. Anod (Drift Gill Net) 100.00/Annum 4. Panambilawan (Drive in Net for Half Beak) 100.00/Annum 5. Stationary Bag/Lift Net (Bintahan) 750.00/Annum 6. Encircling Gill Net (Korantay, Likos, Likom-Likom) 1,000.00/Annum 7. Skimming Net (Hila-Hila) 50.00/Annum 8. Other Nets 100.00/Annum (f) Fishermen using Traps 1. Bobo (minimum of 5) (Fish Trap) 50.00 (in excess of 5) 10.00 each 2. Paeaan (sa eawod) (Fish Corral) 250.00/ unit 3. Tapangan (Crab Trap) 20.00/ unit 4. Bintoe Free 5. Pundasyon (Squid or Lukos Trap) 50.00/unit 6. Panimilya (Fry Collector) 50.00 7. Tangab (Filter Net) 75.00 8. Netting (Coop’s fisherfolks) 1,000.00 (Otoshi-Ami/Lambaklad/Netting) 9. Other Traps 100.00


(g) Fishermen using Hook and Line (Pamunit) 1. Handline, Longline (Pangawil) 25.00 2. Without Light 25.00 3. With Light 50.00 4. Pusit/Squid Longline (Minimum of 10 Hooks) 50.00

5. Other Paraphernalia 50.00 (h) Fishermen using other Fishing Gear 1. Pana (Spear Gun Fishing) 50.00 2. Bentahan sa Eawod (Stationary Lift Net) 100.00/unit 3. Bentahan sa Manabaw/Suba (Stationary Lift Net) 50.00/unit

4. Buya - strictly for Hook & Line purpose only (Fish Aggregating Device) (Sec.53, RA 8550, granted to Municipal Fisherfolk) 50.00/unit

(i) Fish Cages: per module of 5x5 meters or less 50.00 (j) Fish Pen: per 30 sq. meters 50.00 (k) Crab Fattening: per 250 sq. meters 50.00 (l) Tilapiahan: per 2500 sq. meters/and a fraction thereof 100.00 *tilapia in backyard culture (m) Pantatan: per 2500 sq. meters/* and a fraction thereof 100.00 (n) Oyster/Mussel and other shelled-mollusk culture beds per 100 m2 50.00 (o) Seaweeds Farm: per 100 sq. meters 100.00 (p) Fry gathering of bangus and other species 100.00 (q) Gathering of shells: oysters, etc. 100.00 (r) AUXILIARY INVOICE:

1. Preserved Fish, Prawn, shrimp, etc. 30.00 per 50 kls. and fraction (Iced, frozen salted, dried, smoked, bagoong, etc) thereof of shipments 2. Ornamental shells/other shell 20.00 per 50 kgs. of shipments 3. Dried squid 30.00 per 50 kgs. of shipments 4. Seaweeds (all kinds, fresh) 60.00/ton or fraction of shipments 5. Seaweeds (all kinds, dried) 20.00 per 50 kgs. of shipments 6. Salted skin of sea snakes 20.00 per 25 kgs. of shipments 7. Bangus, prawn fry, fry of other species 50.00 per 50 kgs. of shipments 8. All other unclassified marine products 20.00 per 25 kgs. of shipments License to use, occupy, produce culture, capture or gather any fish and other fishery products in the Municipal Waters shall be granted by the Municipal Mayor upon payment of the corresponding fees specified above. Provided, However that marginal fisherfolk shall be exempted from payment of Municipal Fishery License Fees; Provided Further, that municipal fisherfolks with motorized bancas using 10 hp engine and more shall be assessed, P200.00 as fishery license fees. Section 63. Surcharges for Default of Payment of Annual Fees a nd Licenses. Failure to pay the annual fees when it becomes due shall be subjected to a 25% surcharge per month. Section 64. Duration and Renewal of the License/ Permit . Any license or permit or a gratuitous permit in the grant of fishery privileges in the Municipal waters which is issued by the Mayor shall be at a period not exceeding one (1) year subject for renewal every first twenty (20) days of every fiscal year.

ARTICLE 9. PROHIBITIONS, RESTRICTIONS AND PENALTIES

Section 65. Fishing within Marine Protected Area (MPA). It shall be unlawful for any person to engage in fishing with the use of any kind of nets, crab traps, squid pots and spearfishing within the Marine Protected Area declared by the municipality. A person who violates this provision shall be liable to pay a fine of P2,500.00 and/or an imprisonment of not more than three (3) months at the discretion of the court. In case the violator opts not to be prosecuted in Court, he or she may pay the Municipal Treasurer’s Office a Compromise Penalty of One Thousand Pesos (P1,000.00). Section 66. Prohibition in the catching, selling, processing a nd transporting of gravid crab (mud crabs, blue crabs, “cruzan” crabs, “pitik-pitik”) and lobster. It shall be unlawful for any person to take or catch gravid crabs in the municipal waters or to possess or transport the same.

Kalibo Sangguniang Bayan “ORDINANCE NO. 2013-005 A person who violates this provision shall be meted penalty or P1,000.00 per kilo and confiscation of the aforementioned species and/or an imprisonment of not more than one (1) month at the discretion of the court. In case the violator opts not to be prosecuted in court, he or she may pay the Municipal Treasurer’s Office a Compromise Penalty of Five Hundred Pesos (P500.00). Section 67. Prohibition on the Extraction of Non-Renewable Res ources. It shall be unlawful for any person, partnership, association or cooperatives to extract in large volume of not more than 2 cubic meter and for commercial purposes of sand, gravel, pebbles, rocks, and boulders within the municipal waters without necessary permits and license issued by appropriate agencies. Violators of this provision shall be liable for a fine of P 2,500.00 and/or an imprisonment of not more than three (3) months at the discretion of the court. In case the violator opts not to be prosecuted in court, he or she may pay the Municipal Treasurer’s Office a Compromise Penalty of One Thousand Pesos (P1,000.00). Section 68. Unlicensed Fishery Activities. It shall be unlawful for any person, whether natural or juridical, to engage in any fishing activity or to operate any fishing vessel within the Municipal waters without the corresponding license and permit issued by the Municipal Mayor. A person who violates this provision shall be liable to pay a fine of One Thousand Pesos (P1,000.00) and/or an imprisonment of not more than one (1) month at the discretion of the court. In case the violator opts not to be prosecuted in court, he or she may pay the Municipal Treasurer’s Office a Compromise Penalty of Five Hundred Pesos (P500.00). Section 69. Violation of the Terms and Conditions of a License /Permit. Any person whether natural or juridical, to whom a fishing license/permit has been issued shall comply strictly with the terms and/or conditions thereat. Anyone, natural or juridical who violates this provision shall be liable to pay a fine of One Thousand Pesos (P1,000.00) and/or an imprisonment of not more than one (1) month at the discretion of the court. In case the violator opts not to be prosecuted in court, he or she may pay the Municipal Treasurer’s Office a Compromise Penalty of Five Hundred Pesos (P500.00). Section 70. Fishing by a Person not Registered with the Regist ry of Municipal Fisherfolk and Fish Workers. - It shall be unlawful for any person/s who are not registered with the Registry of Municipal Fisherfolk and Fish Workers to engage in any kind of fishing activity within the municipal waters. Anyone, natural or juridical who violates this provision for the 1st Time shall be reprimanded. For the 2nd & Succeeding Offense, he/she/it shall be liable to pay a fine of One Thousand Pesos (P1,000.00) and/or an imprisonment of not more than one (1) month at the discretion of the court. In case the violator opts not to be prosecuted in court, he or she may pay the Municipal Treasurer’s Office a Compromise Penalty of Five Hundred Pesos (P500.00). Section 71. Fishing within Municipal Waters by a Vessel not Re gistered with the Municipality . It shall be unlawful for any Municipal fishing vessel, which is not registered with the Registry of Municipal Fishing Vessels to engage in any kind of fishing activity within the Municipal waters. The owner/operator, leader of the crew and crew members of the vessel who violate this provision shall be liable for a fine in the amount of P2,500.00 and confiscation of the fishing vessel and its fishing accessories and can be released upon paying a value equivalent to 20% of the value of the fishing vessel as assessed by the Municipal Agriculturist of Kalibo. Section 72. Prohibition of Fishing within Municipal Waters by Commercial Vessel above Three (3) Gross Tons (GT). It shall be unlawful for any Commercial fishing vessels above three (3) Gross Tons, to engage in any kind of fishing activity within the Municipal Waters. The owner/operator, leader of the crew and crew members of the vessel who violate this provision shall be liable for a fine in the amount of P2,500.00 and confiscation of the fishing vessel and its fishing accessories and can be released upon paying a value equivalent to 30% of the value of the fishing vessel as assessed by the Municipal Agriculturist of Kalibo. Section 73. Failure to Carry License. Failure of licensee to carry appropriate license on board fishing vessel, shall render the offender liable for a fine of P500.00.

Kalibo Sangguniang Bayan “ORDINANCE NO. 2013-005 Section 74. Fishing During Closed Seasons. It shall unlawful for any person to engage in fishing at any area where closed season has been declared as stipulated under Article 4, Section 9. Anyone, natural or juridical who violates this provision shall be liable to pay a fine of Two Thousand Five Hundred Pesos (P2,500.00) and/or an imprisonment of not more than three (3) months at the discretion of the court. In case the violator opts not to be prosecuted in court, he or she may pay the Municipal Treasurer’s Office a Compromise Penalty of One Thousand Five Hundred Pesos (P1,500.00). Section 75. Violation of Temporary Ban or Closure. It shall be unlawful for any person to engage in any fishing activity in violation of a temporary ban or closure duly declared by the Municipal Mayor in accordance with Article 4, Section 13. Anyone, natural or juridical who violates this provision shall be liable to pay a fine of Two Thousand Five Hundred Pesos (P2,500.00) and/or an imprisonment of not more than three (3) months at the discretion of the court. In case the violator opts not to be prosecuted in court, he or she may pay the Municipal Treasurer’s Office a Compromise Penalty of One Thousand Five Hundred Pesos (P1,500.00). Section 76. Ban on Fishing with Active Gear. – It shall be unlawful to use the following active gears in municipal waters:

1. Trawl (all kinds) --------------- Galadgad, Norway 2. Purse Seine --------------- Pangulong 3. Danish Seine --------------- Hulbot-Hulbot, Pahulbot-Hulbot, Likisan, Liba-Liba,

Palisot, Patangko, Bira-Bira, Buli-Buli, Holahoop, Zipper, Lampormas, etc.

4. Ring Net ------------------------ Pubkob, Panggulong, Kalansisi 5. Drive-In Net ------------------- Paaling, Kayakas 6. Round Haul Seine ----------- Sapyaw/Lawag 7. Motorized Push Net --------- Sudsod De Makina

*Motorized Push Net used to Catch Shrimp/Hipon shall be allowed during the Open Season, that is, February to July, and shall not be allowed during the identified Close Season from August to January.

8. Bag Net ----------------------- Basnig, Saklit Provided, that other active gear which may be found to be destructive to fisheries and aquatic resources may later on be added to this list through subsequent orders and policies set and promulgated by the Sangguniang Bayan or by the national government. Violators of this provision shall be liable of a penalty in accordance with DA-FAO 201, Series of 2000. Section 77. Prohibition in the Catching of Sabalo, and other B reeders/Spawners. It shall be unlawful for any person, cooperative, association, partnership or corporation to fish for or deal in sexually matured milkfish (sabalo) or mother bangus and such other breeders or spawners of other fishery species as maybe determined and/or recommended by FARMC to the Sangguniang Bayan. A person who violates this provision shall be liable for a fine of P2,500.00 or imprisonment for six (6) months upon the discretion of the court. Section 78. Fishing with Fine - Meshed Nets. It shall be unlawful for any person to fish with fine mesh net as defined in Article 2, Section 4 No. 30. Provided, that this prohibition shall not apply to gather fry, anchovies, gobies, hipon and such species which by their nature are small but already matured or in seasonal basis. Violation of this provision shall render the offender liable for a fine of P100.00 per square meter of the prohibited net used and imprisonment for three (3) months. The net shall be confiscated and forfeited in favor of the Municipality. Section 79. Illegal Possession and Damaging of Sea Corals. It shall be unlawful for any person or corporation to sell or possessed, cause damage or destroy ordinary, precious and semi-precious sea corals. A person who violates this provision shall be liable for a fine of P2,500.00 for every square meter of damage or imprisonment for six (6) months upon the discretion of the court. Section 80. Unlawful Sale or Possession of Illegally Caught Fi sh. It shall be unlawful for any person to possess or engage in trading of any fish that have been caught in any manner in violation of this ordinance. Such person shall be liable for a fine in the amount of P500.00 for every kilogram of illegally caught fish found in his possession without prejudice to the filing of the case in violation of Section 88(4) of RA 8550.


Section 81. Construction of Fish Pens, Cages and Traps in Navi gational/Prohibited Areas. It shall be unlawful for any person to construct fish pens, cages, fish corrals, filter nets or traps outside the designated Zone or in a manner which obstruct safe and convenient navigation, the flow of ebb tides, or the migration paths of fish and aquatic species. Violators shall render the offender liable for a fine in the amount of P2,500.00 for every day that the fish pen, cage or trap remains in the area and/or imprisonment for five months upon the discretion of the court. A fish pen, cage or trap constructed or deployed in violation of this section may be removed or demolished by the Municipal Mayor for being a public nuisance, after due notice and demand to the owner or operator thereof to voluntarily remove or demolish the same within fifteen (15) days from receipt of the notice and demand. This shall be without prejudice to subsequent prosecution and reimbursement for expenses incurred in removing or demolishing the prohibited structures. Section 82. Anchoring/ Fishing at the Navigational Lane/Passag e Way. It shall be unlawful for any person to anchor to anchor or conduct fishing within the limit of designated navigational lane/passage way. A person who violates this provision shall be liable for a fine of P2,500.00 or imprisonment for one (1) month upon discretion of the court. Section 83. Destructive Practices within Municipal Waters. The utilization of fishing gears and methods, or any other practices that cause extensive damage to fish or marine habitat, or to other fishing gears and/or operators, or indiscriminately kill fish including fry, other aquatic species and their young offspring, are prohibited within the Municipal Waters. Such practices include electro-fishing; fishing through the use of explosives, noxious or poisonous substances; muro-ami and any of its variations; aquatic pollution; use of naphthalene balls, “tubli”, “eagtang”, cyanide, pesticides and other derivatives; disabling mooring by cutting from the anchor or destroying any fishing boats, and/or fishing gears and the like which may latter be identified. Subsequent to the promulgation of this Ordinance, the FARMU is hereby authorized to determine, based on the available information, what fishing gears, methods or practices are to be considered destructive within the Municipal Waters. The list of destructive practices shall be submitted to the Committee on Fisheries of the Sanggunian for purposes of inclusion in the list of destructive fishing gears and methods at the amendment of this Ordinance. Violators shall render the offender liable for a fine of P2,500.00 or imprisonment for six (6) months upon discretion of the court. Section 84. Non-Compliance with Color-Coding and Identificatio n Scheme. It shall be unlawful for a duly licensed fishing vessel operating without color-coding and identification scheme of the Municipality within one (1) month after the issuance of the license. The vessel owner and the Captain or Master of the vessel shall be jointly and solely liable for a fine in the amount of P2,500.00, or imprisonment for three (3) months upon the discretion of the court. The License of the vessel shall likewise be subject to immediate revocation. Section 85. Failure to Secure Auxiliary Invoice. Failure of any person to secure an Auxiliary Invoice for the transport of fish and fishery products entering and exiting the municipality, shall render such person liable for payment amounting or double the value of the auxiliary invoice, but in no case shall it be lower than P2,500.00. Section 86. Abandonment of Fishing Vessel or Gear. It shall be unlawful for any person to abandon his/her fishing vessel or gear, or any aquaculture/ mariculture facility, in Municipal Waters for any reason other than force majeure. Violation of this provision shall render such person liable for a fine in the amount of P2,500.00 or imprisonment for three (3) months upon the discretion of the court. An abandoned fishing vessel, gear, aquaculture or mariculture facility may be removed or demolished by the Municipal Mayor for being a public nuisance or hazard, after due notice and demand to the owner or operator thereof to voluntarily remove or demolish the same within fifteen (15) days from receipt of the notice and demand. This shall be without prejudice to subsequent prosecution and reimbursement for expenses incurred in removing or demolishing the prohibited structures. Section 87. Obstruction to Fishery Law Enforcement Officer. It shall be unlawful for any person to obstruct, hinder, or prevent the performance of duty by any duly deputized fishery law enforcement officer of the Municipality as provided herein. Violation of this provision shall render such person liable to a fine in the amount of P2,500.00 or imprisonment for two (2) months upon the discretion of the Court.


Section 88. Prosecution under National Law. Where a person commits an act or omission that is punishable under the provisions of both this Ordinance and the Fisheries Code or other national laws, the FARMU shall have the option of determining the appropriate complaint to be filed before the investigative and prosecution offices of the government, as well as the proper forum where such complaint shall be lodged. A person may be prosecuted for as many offenses as may arise from the same act or omission, unless the defense of double jeopardy becomes available and is raised in the proper time and at the proper forum. Section 89. Disposition of Illegally Caught Fish. Any fish caught in violation of any provision of this ordinance shall be immediately confiscated and properly recorded for evidentiary purpose in any proceeding arising from the illegal act. The offender shall be entitled to the issuance of Official Receipt for the confiscated catch. Thereafter, the same shall be disposed of, through sale at public auction, donation to charitable and/or penal institutions, or be buried under the soil. In the case of sale, the proceeds shall be held in trust by the FARMU until final determination of the case filed against the offender. Section 90. Injunction as Part of Penalty. Where a person is convicted in court of an offense under this Ordinance, in addition to any punishment imposed, the court may, having regard to the nature of the offense and the circumstances surrounding its commission, make an order containing any one or more of the following prohibitions, directions or requirements:

a. Prohibiting the person from doing or engaging in any activity that may, in the opinion of the court, result in the continuation or repetition of the offense;

b. Directing the person to take any action the court considers appropriate to remedy or avoid any harm to any fish, fishery or fish habitat that resulted may result from the commission of the offense;

c. Directing the person to pay the Municipality an amount of money compensation, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf of the Municipality as a result of the commission of the offense;

d. Directing the person to perform community service in accordance with any reasonable conditions that may be specified in the order;

e. Directing the person to post a bond or pay to the court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirements of the court;

f. Requiring the person to comply with any other conditions that the court considers appropriate for securing the person’s good conduct and for preventing the person from repeating the offense or committing other offenses prescribed by this Ordinance.

Section 91. Illegal Use of Superlights. It shall be unlawful to engage in fishing with the use of superlights as prescribed for by DA-FAO 204, series of 2000, in the municipal waters of this municipality. Violation of this provision shall render the offender to a fine in the amount of P2,500.00 or imprisonment for six (6) months upon the discretion of the court, without prejudice to the confiscation of the superlights used, fishing vessel and gear. Section 92. Fishing or Taking Rare, Threatened and Endangered Species. It shall be unlawful to fish or take rare, threatened and endangered species such as, whale sharks, manta rays, dolphins, sea turtles and others species described in DA-FAO 208 series of 2001, in municipal waters. Violators shall be liable for a fine of P2,500.00 or imprisonment for six (6) months upon the discretion of the court. Section 93. Restrictions. Licenses and Permits issued or executed under this Ordinance shall contain provisions to take effect that:

a. No fishing shall be allowed within the distance of one hundred (100) meters from established Artificial Reefs or Fish Shelters and the like. However exclusive grantee of licensee of Fishshelters (arong or buya) can fish within their respective fish shelters using passive fishing gears).

b. No other fishing gear be constructed within Five Hundred (500) meters from another gear in marine waters, unless they belong to the same licensee or grantee, but in no case, shall the distance be less than Two Hundred (200) meters apart.

c. Nothing in the license shall be construed as permitting the lessee or licensee, grantee or permittee, to undertake any construction, which will restrict the free navigation in any stream, lake, rivers or marine areas of the Municipal Waters or impede the flow and ebb of the tide to and from the area wherein the lessee or licensee, grantee or permittee is granted a fishery privileges.

d. The licensee agrees unconditionally to comply with all the laws, decrees, rules and regulations governing fishing and fisheries; and may later be promulgated.


e. The licensee agrees unconditionally to comply with all acts of his agents and

employees or the contractors connected with his fishing operation. f. Failure to pay and/or file a bond when due as prescribed in the permit, license,

contract or lease shall be sufficient ground for the cancellation of the license, permit, lease and contract.

g. Restriction on Berthing Place/Anchorage Area. No fishing boat/banca shall berth/anchor in any other place except in the designated berthing place/anchorage area.

ARTICLE 10. GENERAL PROVISONS

Section 94. Persons Authorized to Implement/Enforce this Ordin ance. The Philippine National Police (PNP) and Deputized Fishery Wardens are authorized to implement and/or enforce this ordinance. Section 95. Incentives for Law Enforcers and Deputized Fish Wa rdens. The Sangguniang Bayan shall appropriate funds and or authorize the Municipal Mayor to set aside an amount for the incentives and other operating expenses of the Law Enforcers and Deputized Fish Wardens subject to government auditing and accounting procedures. Section 96. Administrative Investigation. The FARMU is hereby authorized to conduct hearings for the purpose of investigating and imposing administrative sanctions and indemnity against any person apprehended within the Municipal waters and accused of violating any provision of this Ordinance. Such hearings shall be summary and non-litigious in nature and shall be concluded within fifteen (15) days from the time the case is filed for investigation. Failure to appear at the administrative investigation shall result in the rendition of summary judgment against the offender and the immediate filing of the appropriate criminal cases before the regular courts. Section 97. Impoundment of Fishing Vessel and/or Gear. The fishing vessel or gear used in committing a violation of this Ordinance shall be impounded by the Municipality, through the FARMU, pending resolution of the administrative investigation against the offender. The offender shall be issued an official receipts for the items impounded and shall bear the costs of storage and upkeep of the vessel and/or gear while it is in impoundment. Prior to resolution of the administrative investigation, the same shall not be released unless the costs of storage and upkeep and security bond in the amount of the fair market value of such vessel or gear, are paid or deposited with the Municipal Treasurer’s Office to answer for any administrative sanctions or indemnity that may be imposed; Provided, that items which are inherently illegal such as dynamite, noxious and poisonous substances, and electro-fishing gear among others, shall be deposited with the PNP and not be released except upon lawful order of the court before which the criminal case pending; Provided further, that should the offender be subsequently found guilty of the offense, the inherently illegal items shall be disposed of or destroyed. Section 98. Revocation of License. Any person found to have violated the terms and conditions of a valid license in his favor shall be required to surrender the license to the FARMU, which shall thereafter revoke the same for the remainder of the term of the license. A new license shall not be issued unless the licensee has paid all administrative sanctions and indemnity that may have been imposed for the violation. Section 99. Other Sanctions and/or Indemnity. The Municipal Mayor upon the recommendation of the FARMU may prescribe other administrative sanctions or indemnity by means of an Executive Order; Provided that the same shall have been subjected to consultations with the FARMC. Section 100. Mandatory Review. The Sangguniang Bayan shall undertake a review of this Ordinance at least once every three (3) years, and succeeding years thereafter to ensure that all provisions thereof are still relevant and responsive to the current situation. Section 101. Repealing Clause. All ordinances, rules and regulations or part thereof, in conflict with or inconsistent with any provisions of this Ordinance are hereby repealed or modified accordingly. Section 102. Separability Clause. If any portion of this ordinance is declared unconstitutional or invalid, the other provisions hereof which are not affected, shall continue in full force and effect.


Section 103. Effectivity Clause. This Ordinance shall take effect upon its approval and after due posting and publication as provided in the Local Government Code of 1991. ENACTED by the Sangguniang Bayan, Municipality of Kalibo, on its 20th Regular Session held on June 13, 2013.”

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I hereby certify to the correctness of the above stated ordinance as to form.


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