Republic of the Philippines

Province of Batangas
MUNICIPALITY OF LIAN

MUNICIPAL FISHERIES CODE

Series of 2023

AN ORDINANCE ENACTING THE FISHERIES CODE OF LIAN

Be it coordinated by the Sangguniang Bayan of Lian, Batangas that:

ARTICLE I
TITLE OF THE ORDINANCE
Section 1. Title of the Ordinance- This ordinance shall be known as the Fisheries code of Lian,
Batangas

ARTILE II
AUTHORITY AND PURPOSE
Section 1. Authority – This code is enacted pursuant to the provisions of the following:

a. RA 7160 (Local Government Code of 1991) also known as the Local Government code of
1991 particularly Sec 2 (a), 2 (c), 3 (d), 3 (e), 3(f) up to 3(m), 5(a), 5(c), 16,17,18,26 and 27,
33,34, 35, 36, 129, thereof; including Section 389 (b)(9), 444 (b) (3)(vii), 455 (b)(3)(v), and
465 (b)(3)(v), which mandated the Municipal Mayor, City Mayor, and Provincial Governor,
respectively to adopt adequate measures to safeguard and conserve land, mineral, marine,
forest and other resources; section 447 (a)(1)(vi), Section 458 (1)(v), and section 468(a)(vi),
which provides for the authorities of the Sangguniang Panlunsod, and Sangguniang
Panlalawigan, respectively, to protect the environment, and impose appropriate penalties
for acts which endanger the environment such as dynamite fishing and other forms of
destructive fishing and other forms of destructive fishing, illegal logging and smuggling of
logs, smuggling of natural resources products and endangered species of flora and fauna,
slash and burn farming, such other activities which result in pollution, acceleration of
eutrophication of rivers and lakes, or of ecological balance.

b. The Fisheries Code of 1998 of RA 8550 as amended by RA 10654 and its implementing Rules
and Regulations

Section 2. Objectives and Purposes – This code is enacted for the following objectives and
purposes:

a. To develop and maintain effective regulatory measures that will institutionalize community
property rights over the fishery resources;
 b. To promote and ensure the sustainable use of all fishery resources;
c. To ensure the effective implementation of the preferential rights of Municipal fishers in the
Municipal waters;
d. To tap the participation of all stakeholders of the local fishery sector in order to promote the
development of local fishing industry;
e. To endure effective budget allocation to the local fishery sector for the ultimate benefit of
its stakeholders;
f. To ensure participation of women in fisheries and development of the local fishing industry;
g. To ensure effective enforcement of fishery laws through the participation of the community
and its partnership with local and national law enforcement agencies;
h. To democratize access to fishery resources in accordance with the local development of the
local government;

Section 3. Operative Principles – the Local Government of Lian shall be guided with the
following principles in enforcing and implementing the provisions of this Code:

a. The active participation of the constituents of Lian, Batangas is the key to the attainment of
sustainable development;
b. The enactment and enforcement of laws concerning the protection and conservation of
marine and fishery resources;
c. Limited access to fishery and aquatic resources shall be undertaken to ensure its effective
use and management;
d. Resources use plan shall be the basis of implementation of any development projects after
the due consultation with the various stakeholders;
e. All fishery activities shall be done on the basis of the approved zonation plan of the
Municipal waters;
f. The Municipal water shall be reserved for Municipal fisheries: Provided, that other activities,
such as, but not limited to, research and monitoring activities may be allowed under
appropriate regulations, for purely research, scientific, technological and educational
purposes.
g. All fisheries and coastal related activities in the municipal waters, subject to existing laws
and regulations shall be utilized by the residents and the municipal fishers their
organizations and cooperatives duly accredited by the Sangguniang Bayan: Provided, the
Municipal fishers from other municipalities may be allowed to use and exploit the coastal
and fisheries resources of the municipality, subject to existing national and local rules and
regulations: Provided, however, that no commercial fishing vessels is allowed to operate
within the municipal waters subject to the provisions provided by the Fisheries Code.
h. The Municipal Government, shall maintain a registry of coastal fishery resource users for the
the resource users for the purpose of determining priority among them, of regulating and
limiting entry into the municipal waters and of monitoring fishing activities and/or other
related purposes: Provided, that such list or registry shall be updated annually or as often as
may be necessary and shall be updated annually or as often as may be necessary, and shall
be posted in barangay halls or other strategic locations where it shall be open to the public,
for the purpose of validating the correctness and completeness of list: Provided however,
 that the municipal government, with FARMC, shall formulated the necessary mechanisms
for inclusion or exclusion procedures that shall be most beneficial to the resident municipal
fishers. The FARMC may likewise recommend such mechanisms: Provided, further, that the
Municipal Government shall also maintain a registry of municipal fishing vessel, type of
gears and other boat and fishing particulars
i. The Local Fisheries sectors shall have adequate and effective share the annual budget of the
Municipality to ensure and promote its development.

ARTICLE III
DEFINITION OF TERMS

1. Appropriate Fishing Technology- Adaptable technology both in fishing and ancillary industries
that is ecologically sound, locally sourced-based and labor intensive.
2. Aquaculture- Fishery operations involving all forms of raising and culturing fish and other fishery
species in fresh, brackish, and marine areas.
3. Aquatic pollution- the introduction by human or machine, directly or indirectly of substances or
energy to the aquatic environment which result or is likely to result in such deleterious effects as
to harm living or 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 waste and other marine litters, discharge of petroleum or residual products of petroleum or
carbonaceous materials and other, radioactive, noxious or harmful liquid, gaseous or solid
substances, from any water, land or air transport or other human-made structure.
Deforestation, unsound agricultural practices such as the use of banned chemicals and excessive
use of chemicals, intensive use of artificial fish feed, and wetland conversion, which causes
similar hazards and deleterious effects, shall also constitute aquatic pollution.
4. Aquatic resources- includes fish, all other aquatic flora and fauna and physical resources of the
aquatic environment, including but not limited to salt, corals, shell deposit and solar, tidal wave
energy.
5. Artificial reefs- any structure of natural or man-made materials placed on the body of waters to
serve as shelter and habitat, source of food, breeding area for fishery species and shoreline
protection.
6. Coastal area/zone- is a band of dry and adjacent ocean shape (water and submerged land) in
which terrestrial processes and uses directly affect oceanic processes and uses, and vice-versa;
its geographic extent may include areas within a landmark limit of one (1) kilometer from the
shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps,
estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobaths to
include coral reefs, algal flats, sea grass beds and other soft-bottom areas.
7. Commercial Fishing- the taking of fishery species by passive or active gear for trade, business or
profit beyond subsistence or sports fishing, to be further classified as:
a. Small scale commercial fishing – fishing with passive or active gear utilizing fishing
vessels of 3.1 gross tons (GT) up to twenty (20) GT;
b. Medium scale commercial fishing – fishing utilizing active gears and vessels of 20.1
gross tons (GT) up to one hundred fifty (150) gt; and
 c. Large scale commercial fishing – fishing active gears and vessels of more than one
hundred fifty (150) GT
8. Coral – the hard calcareous substance made up of the skeleton of marine coelenterate polyps
which includes reefs, shelves and atolls or any of the marine coelenterate animals living in
colonies where their skeletons form a stony mass. They include: a.) skeletons of anthozoan
coelenterates characterized as having a rigid axis of compact calcareous or horny spicules,
belonging to the genus corallium as represented by the red, pink, and white corals which are
considered precious corals; b.) skeletons of anthozoan coelenterates characterized by thorny,
horny axis such as the antipatharians represented by the black corals which are considered
semi-precious corals; and c.) ordinary corals which are any kind of corals that are not precious
nor semi-precious.
9. Coral Reef- a natural aggregation of coral skeleton, with or without living coral polyps, occurring
in intertidal and subtidal water;
10. Demarcated Areas – boundaries defined by markers such as bouys and assigned exclusively to
specific individuals and organizations for certain specified and limited uses such as;
a) Aquaculture, sea ranching and sea farming
b) Fish aggregating device such as artificial reefs, fish shelter or payaos
c) Fixed and passive fishing gears
d) Fry and fingerling gathering
11. 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.
12. 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 and
regulations 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)
13. Farm to Market Road- shall include roads linking the fisheries production, coastal landing points
and other post-harvest facilities to major market and arterial roads and highways.
14. Fish and Fishery/Aquatic Products- included not only finfish but also mollusk, Crustaceans
echinoderms, marine mammals and all other species of Aquatic flora and fauna and all other
products of aquatic living resources in any form.
15. Fine meshed net- all nets webbing whether made of natural fibers, synthetic of any other
materials made in fishing with a meshed size less than three (3) centimeters measured between
two (2) knots of a full-meshed when stretched.
16. Fish cage- any method of culturing fish and fishery/aquatic resources in a fish enclosure which is
either stationary or floating made up of netting and or screen sewn or fastened together and
installed in the water with opening at the surface or covered and held in a place by
wooden/bamboo post or various types of anchors and floats;
17. Fish coral (Baklad) – stationary wire or trap device to intercept or capture fish, consisting or
rows of stakes of bamboo or other material fence with split bamboo matting or wire netting
with one or more enclosure usually with easy entrance and difficult exit, and with or without
leaders to direct the fish to the catching chambers or purse;
18. Fish fingerlings- a stage in the life of a fish measuring to about 6-13 cm depending on the
species.
19. Fish fry- a stage at which the fish has just been hatched usually with sizes from 10-25 mm.
20. Fish pen- an artificial enclosure constructed within the body of water for culturing fish and
fisher/aquatic resources made of bamboo/wooden materials, screen or nylon netting to prevent
escape of fish.
21. Fishfolk- people directly or personally and physically engaged in taking and/or culturing and
processing fishery and/or culturing and processing fishery and/aquatic resources.
22. Fishfolk cooperative- a self-help voluntary organization of fishfolk recognized by the
government;
23. Fisherfolk organization- an organized group. Association federation, alliance or an institution of
fisherfolk which has atleast 15 members, set of officers, constitution and by-laws and
organizational structure and program of action;
24. Fisheries- refers to activities relating to the act or business of fishing, culturing preserving,
marketing, developing, conserving and managing aquatic resources; the fishery areas and the
right to fish or take aquatic resources thereof;
25. Fishery product- include all products of aquatic living resources in any form;
26. Fishpond - a landbased facility enclosed with earthen or stone material to impound water for
growing fish.
27. Fishing Vessel/Gear License –refers to a permit to operate specific types of fishing vessel/gear
for specific duration in areas beyond municipal waters for demersal or pelagic fishery resources.
28. Fisheries Management Area - a bay, gulf, lake or any other fishery area which may be
delineated for fishery resource management purposes.
29. Fishery Operator- one who owns and provides the means including land, labor, capital, fishing
gears and vessels, but does not personally engage in fishery.
30. Fishery Refuge and Sanctuaries — a designated area where fishing orother forms of activities
which may damage the ecosystem of the area is prohibited and human access may be restricted.
31. Fishery Reserve — a designated area where activities are regulated an d set aside for
educational and research purposes.
32. Fishery Species — all aquatic flora and fauna including, but not restrictedto, fish, algae,
coelenterates, mollusks, crustaceans, echinoderms and cetaceans.
33. Fishing — the taking of fishery species from their wild state of habitat, withor without the use
of fishing vessels.
34. Fishing Gear–refers to any instrument or device and its accessories utilized in taking fish and
other fishery species.
(a) Active Fishing Gear – is a fishing device characterized by the pursuit of the target
species by towing, pushing the gears, surrounding, covering, dredging, and scaring the
target species to impoundments; such as, but not limited to, trawl, purse seines, Danish
seines, paaling and drift gill net.
(b) Passive Fishing Gear – is characterized by the absence of pursuit of the target
species; such as, but not limited to, hook and line, fishpots, traps and gill nets set across
the path of the fish.
35. Fishing Light Attractor –refers to a fishing aid which employs lights using, among others,
mercury vapor, high pressure sodium vapor, standard tungsten, tungsten halogen, fluorescent
or light-emitting diode, that are attached to a structure above water or suspended underwater
to attract both fish and members of their food chain to specific areas in order to harvest them.
36. Fishing vessel — any boat, ship or other watercraft equipped to be usedfor 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, preservation, supply, storage, refrigeration,
transportation and/or processing.
37. Fishing with Explosives — the use of the dynamite, other explosives orother chemical
compounds that contain combustible elements or ingredients which upon ignition by friction,
concussion, percussion or detonation of all or parts of the compound, will kill, stupefy, disable or
render unconscious any fishery species. It also refers to the use of any other substance and/or
device which causes an explosion that is capable of producing the said harmful effects on any
fishery species and aquatic resources and capable of damaging and altering the natural habitat.
38. Fishing with Noxious or Poisonous Substances — the use of anysubstance, plant extracts or
juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or
processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render
unconscious any fishery species and aquatic resources and capable of damaging and altering the
natural habitat.
39. Fishworker — a person regularly or not regularly employed in commercialfishing 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, fishponds, prawn farms, sea farms, salt
beds, fish ports, fishing boat or trawlers, or fish processing and/or packing
plants. Excluded from this category are administrators, security guards and overseers.
40. Food Security — refers to any plan, policy or strategy aimed at ensuringadequate supplies of
appropriate food at affordable prices. Food security may be achieved through self-sufficiency
(i.e. ensuring adequate food supplies from domestic production), through self-reliance (i.e.
ensuring adequate food supplies through a combination of domestic production and
importation), or through pure importation.
41. Foreshore Land — a string of land margining a body of water; the part of a seashore between
the low-water line usually at the seaward margin of allow tide terrace and the upper limit of
wave wash at high tide usually marked by a beach scarp or berm.
42. Fully developed Fishpond Area — a clean leveled area enclosed by dikes, at least one foot
higher than the highest floodwater level in the locality and strong enough to resist pressure at
the highest flood tide; consists 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.
43. Gross Tonnage — includes the underdeck tonnage, permanently enclosedspaces above the
tonnage deck, except for certain exemptions. In broad terms, all the vessel’s ‘closed-in’ spaces
expressed in volume terms on teases of one hundred cubic feet (that equals one gross ton).
44. Illegal Fishing – means fishing activities conducted by Philippine fishing vessels operating in
violation of Philippine laws, Regional Fisheries Management Organization resolutions, and laws
of other coastal states.
45. Inland Fishery — the freshwater fishery and brackish water fishponds.
46. Lake — an inland body of water, an expanded part of a river, a reservoirformed by a dam, or a
lake basin intermittently or formerly covered by water.
47. Mangroves — a community of intertidal plants including all species oftrees, shrubs, vines and
herbs found on coasts, swamps, or border ofswamps.60.
48. Marine Protected Area – means a defined area of the sea established and set aside by law,
administrative regulation, or any other effective means in order to conserve and protect a part
of or the entire enclosed environment through the establishment of management guidelines. It
 is considered generic term that includes all declared areas governed by specific rules or
guidelines in order to protect and manage activities within the enclosed area.
49. Maximum Sustainable Yield (MSY) — is the largest average quantity offish that can be
harvested from a fish stocks/resource within a period of time (e.g. one year) on a sustainable
basis under existing environmental conditions.
50. MFARMC— Municipal Fisheries and Aquatic Resources Management Council.
51. Migratory species — refers to any fishery species which in the course of their life could travel
from freshwater to marine water or vice versa, or any marine species which travel over great
distances in waters of the ocean as part of their behavioral adaptation for survival and
speciation:
(a) Anadromous species — marine fishes which migrate to freshwaterareas to spawn;
(b) Catadromous species — freshwater fishes which migrate to marineareas to spawn.
6 4 . Monitoring, control and surveillance —
a ) Monitoring — the requirement of continuously observing: (
1) fishing effort which can be expressed by the number of days or hours of fishing,
number of fishing gears and number of fisher folk;
(2) Characteristics of fishery resources; and
(3) Resource yields (catch)
b.) Control — the regulatory conditions (legal framework) under which theexploitation,
utilization and disposition of the resources may be conducted; and
c.) Surveillance — the degree and types of observations required to maintain compliance with
regulations.
6 5 . 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 fishingvessels 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, timber lands, 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. Where two (2) municipalities are so situated on opposite shores
that there is less than thirty (30) kilometers of marine waters between them, the third line shall
be equally distant from opposite shore of the respective municipalities.
68. Nongovernmental organization (NGO) — an agency, institution, afoundation or a group of
persons whose purpose is to assist peoples organizations/associations in various ways including,
but not limited to, organizing, education, training, research and/or resource accessing.
69. MAO- Municipal Agriculture Office
70. Payao — a fish aggregating device consisting of a loating raft anchored by a weighted line with
suspended materials such as palm fronds to attract pelagic and schooling species common in
deep waters.
71. People’s Organization — a bona fide association of citizens withdemonstrated capacity to
promote the public interest and with identifiable leadership, membership and structure. Its
members belong to a sector/who voluntarily band themselves together to work for and by
themselves for their own upliftment, development and greater good.
 72. Person — natural or juridical entities such as individuals, associations , partnership,
cooperatives or corporations.
73. Post-Harvest Facilities- these facilities include, but are not limited to fishport, fishlanding, ice
plant and cold storage, fish processing plants.
74. Protected Area- refers to identified portions of land and water set aside by reason of their
unique physical and biological diversity and protected against destructive human exploitations
75. Sea farming — the stocking of natural or hatchery-produced marine plantsor animals, under
controlled conditions, for purposes of rearing and harvesting, but not limited to commercially-
important fishes, mollusks (such as pearl and giant clam culture), including seaweeds and
seagrasses.
76. Sea ranching — the release of the young of fishery species reared inhatcheries and nurseries
into natural bodies of water for subsequent harvest at maturity or the manipulation of fishery
habitat, to encourage the growth of the wild stocks.
77. Superlight – also called magic light, refers to 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 a ballast,
regulator, electric cable and socket. The source of energy comes from a generator, battery or
dynamo coupled with the main engine.
78. Total Allowable Catch (TAC) — the maximum harvest allowed to be takenduring a given period
of time from any fishery area, or from any fishery species or group of fishery species, or a
combination of area and species and normally would not exceed the MSY.
79. Trawl — an active fishing gear consisting of a bag shaped net with orwithout 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 trawls(bottom, mid-water, and baby trawls) and tow nets.

ARTICLE IV

UTILIZATION, MANAGEMENT, DEVELOPMENT AND CONSERVATION OF FISHERIES AND COASTAL

RESOURCES OF THE MUNICIPALITY OF LIAN

Section: Use of Municipal Waters. The use and exploitation of the coastal and fishery resources
in the municipal water of Lian shall be reserved for the interest of its inhabitants: Provided, however,
other activities may be allowed for such as but not limited to research, scientific, technological and
educational purposed that would benefit the municipality and its inhabitants under appropriate
regulations.
Section 2: Regulation of Fishery Rights. Fishery rights are subject to the regulation of the
municipal government. No person shall exploit, breed, culture, capture or gather fish, fry or fingerlings
of any species and other coastal and fishery resources of commercial purposes, or engage in any
commercial fishery activity in the municipal water without license, lease or permit secured from the
municipal government: Provided, However, That fishing for daily food sustenance or for leisure which is
not for commercial, occupation or livelihood purposes may be allowed subject to regulations as
provided for by laws and ordinances: Provided, further, That resident municipal fishers of the
municipality and their organizations shall have priority to use municipal and demarcated fishing areas of
the municipality.
 Section 3: Access to Fisheries and Aquatic Resources: The number of licences, leases or permits
to be granted by the municipal government should take into consideration of the principle of maximum
sustainable yield (MSY) of the resource. Preference, when appropriate, shall be given to sustenance
fishers and resource users who are residents of the Municipality of Lian.

Section 4: Enhancement of Public Awareness and Transparency in Decision-Making. The

municipality shall ensure the enhancement of public awareness of the need of protection and
management of coastal and fishery resources and the participation of the communities and
management process. It shall likewise ensure transparency and openness in the management of coastal
and fishery resources and in the decision making process that is integral to participatory management.

Section 5: Recognition of Scientific and Technical Bases, of Traditional Local and Critical
Knowledge and Technologies. The municipality shall ensure that responsible fishery activities, projects
and programs recognize the usefulness of sound, scientific and technical bases in order to assist coastal
and fishery managers, the people and other coastal and fishery resource conservation management and
development.

The municipality shall recognize appropriate and traditional, local fisher’s knowledge and
technologies, particular by those applied in small-scale fishing in the promotion of sustainable coastal
and fishery resource conservation management and development.

Section 6: Support and Promotion of Conservation and Management Measures. The municipal
government shall give due support in the promotion of conservation and management measures and to
ensure the laws, ordinances, regulations and other legal rules governing their implementation are
effectively disseminated. The bases and purpose of such measures shall be widely communicated to
people of Lian to encourage the full participation and support of the target community.

Section 7: Environmental Impact Assessment (EIA) System. All proposed projects and
undertakings by agencies and institutions of the government owned and control corporations as well as
private corporations, as well as private corporations, firm and entities which may significantly affect the
quality of the environment shall be guided by the Environmental Impact Statement system. The
preparation of the EIS shall form an integral part of the entire planning process: Provided, however that
no person natural or juridical shall undertake any development project without first securing an
Environmental Compliance Certificate (ECC) from the concerned agency of the government as provided
by law.

Section 8: Coastal/Aquatic Pollution. All activities in the grounds or water, directly or indirectly,
which results or likely to result in such deleterious effect which harm living and non-living aquatic
resources, are hazards to human health, hindrance to coastal or fishery activities such as fishing and
navigation including dumping/disposal of waste and other marine letter shall be prohibited. Provided,
however that is shall be the responsibility of the polluter to contain, remove and clean-up pollutants at
his/her own expense, when appropriate and possible. Provided, further, That in case of failure to do so,
the municipal government in coordination with other concerned agencies and institution shall
undertake containment, removal and clean-up operation and the expenses incurred in said operation
shall be charged against the person and/or entities responsible for such pollution without prejudice to
other criminal or civil liability as may be provided by these Ordinance and other laws.

Section 9: Water Quality Monitoring and Surveillance. The municipal government shall seek
assistance and institutions concerned with environmental protection in establishing to the greatest
extent practicable a water quality monitoring and surveillance.

Section 10: Protection of Rare, Threatened and Endangered Species. The municipal government
shall take conservation and rehabilitation measures to protect rare, threatened or endangered species
as identified by existing laws.

Section 11: Protection of Spawner or Breeder. The municipal government shall ensure that
spawners or breeders of any fish and shellfish are protected. Fishing or taking of any spawners or
breeders of any fish and shellfish shall be strictly regulated.

Section 12: Catch Ceiling Limitation. When the municipal government deems it necessary and in
consideration of the need to prevent over fishing and harmful depletion of breeding stocks of aquatic
resources, it may establishing and harmful depletion of breeding stocks of aquatic resources, it may
establish catch ceiling per species whenever practicable after conducting the appropriate study and
upon consultation, concurrence and recommendation of the FARMC.

Section 13: Monitoring, Evaluation, Control, and Enforcement. The municipal government, in
coordination with the people and their organizations and other agencies and institutions concerned,
shall establish, within its competence and capability, effective mechanism of monitoring, evaluation,
control and enforcement to ensure compliance with policies, programs and projects on conservation
and management shall also ensure that the coastal and fishery resources of the municipality are
judiciously and wisely utilized and managed on a sustainable basis.

Section 14: Reporting and Monitoring System. The municipal government through the
Municipal Agriculturist Office (MAO) shall undertake an effective monitoring system of all fishing and
fishery related activities to ensure its proper management and utilization and for the purpose of
providing information for policy development. The following shall form part of the system but other
methods may be added later on in order to achieve the purpose for which the system was established:

a.) Fish Catch Report. For statistical record purpose, any person or entity who has obtained a
grant or license to take or catch fish in the municipal waters of Lian shall submit a semi-annual report of
fish caught to the Municipal Agriculturist Office. This report shall be prepared in triplicate showing the
kind, quantity and value if sold, of fish caught during the period, and must be submitted within the first
ten days of the month of July and January of each preceding year.

b.) Monitoring of Fish Landing Shipments of Fish and Fishery Products. The Municipal
Agriculturist Office or the Municipal Fish Inspector or deputized officer is hereby authorized to monitor
fish landing and fish markets, particularly the kind of species and corresponding volume in likewise, all
fishery and aquatic products being shipped out of the Municipality shall be monitored by the same office
on cooperation with the office of the Municipal Treasurer and Philippine National Police.
 c.) Monitoring, Control and Surveillance of Municipal Waters. A monitoring, control and
surveillance system shall be established by the municipality through the Municipal Agriculturist Office
and in coordination with other agencies concerned to ensure that the fisheries and aquatic resources in
the municipal water are judiciously and wisely utilized and managed or a sustainable basis and
conserved for the benefits and enjoyment, exclusively of the Filipino citizens.

d.) System of Reporting and Monitoring of Fishing and Fishery Related Activities. A system
reporting and monitoring on all aspects of the activities and operation of fisher folk and their
organization/cooperative shall also be developed. The system shall render the following data but not
limited to the number of fishermen, fishing boat, catch effort, fishing violations and other related
fisheries and aquatic resources activities.

Section 15: Restriction at the Foreshore Land. The banks of river throughout their entire length
within twenty (20) meters inland along the margins: and the shores of the seas throughout their entire
the length within 50 m. inland along the margins are subject to the easement of the public use in the
interest of recreation, navigation, float age, fishing and the salvage. No person shall be allowed to stay in
this zone longer than what is necessary for recreation, navigation, float age, fishing or salvage or to build
structures of any kind.

Reclamation of foreshore land may be allowed when the person or entity who wishes to reclaim
the area shall comply with existing national law or policy on reclamation and has obtained favourable
endorsement from the concerned Barangay Council and approval of the Sangguniang Bayan and
permission from the Municipal Mayor subject to existing land-use and zoning plan of the municipality.

Section 16: Declaration of Closed Season. The Sangguniang Bayan may declare a close season
for fishing or and fishery-related activities as it may deem appropriate for management and
conservation purposes after undertaking the necessary technical study through the assistance of
concerned government agencies or NGO’s with expertise to do the same and after consultation with the
MFARMC.

Section 17: Sea farming Development. The municipality shall consider sea farming like seaweed
farming, oyster culture among others, within the municipal waters as a means to promote diversification
of income of municipal fisher folk and to contribute to the development of the local fishing industry.
Preferential right shall be given to municipal fisher folk and their organization in securing licence and
permit in undertaking sea farming in the designated areas. Specific guidelines on the procedure and
terms and conditions of undertaking sea farming shall be issued by the Municipal mayor through MAO
after the enactment of this code

Section 18: Ban on Mangrove Conversion. All existing natural stand of mangrove forest within
the municipality are declared as reserved/protected areas. The cutting of mangroves and/or conversion
of mangrove areas into fishpond shall be prohibited and shall be prosecuted in accordance with RA
8550.

Section 19: Management of Mangroves. The municipal government, in coordination with the
MFARMC and the people and their organizations in the adjacent barangays where mangroves are
located shall promote the proper management of mangrove area in the municipality: Provide, however,
that the municipal government shall develop a program that will promote and ensure community
participation in the rehabilitation and management of existing mangrove areas.

Section 20: Restoration of all converted mangrove areas. The municipal government in
coordination with the MFRAMC and the people and their organizations in the adjacent barangays where
mangroves are located and other concerned agencies shall immediately take step for the restoration of
all abandoned, undeveloped or underutilized fishponds to their original state.

Section 21: Coastal Resource Management Plan. The Sangguniang Bayan shall enact an
ordinance for the creation and implementation of the coastal resources management plan. The said plan
shall be implemented by the Coastal Resource Management Board whose composition, function and
authority shall be provided in the said Ordinance.

Section 22: Port and Pier Development. Port development shall be located and designed in a
manner that will minimize changes to existing water and sediment quality parameters such as salinity
and temperature, dissolved oxygen, nitrogen and sediment concentration; organic constituent; and
transparency of waters, Provided, However, That ports and harbour shall be placed in areas with the
highest available flushing rate, and access channels shall be designed to minimize adverse water
circulation changes and creation of stagnant water column. Provided, further, that ports and harbour
shall incorporate facilities which allow for effective waste disposal and erosion control.

Section 23: Ferry Operations. Ferry operations shall be subject to the regulation of the
municipal government, subject to existing rules and regulations on safety and public transportation
standards. That within 60 days from the enactment of this ordinance, the municipal government shall
issue implementing rules and regulations for the purpose.

ARTICLE V

MUNICIPAL WATERS

Section 1. Jurisdiction over Municipal Waters. The municipal government of Lian shall have
Jurisdiction over its municipal water as defined under RA 8850 and RA 7610. It shall be responsible for
the management, conservation, development, protection, utilization and disposition of all coastal and
fisheries resources within the municipal waters and shall tap the participation of the various
stakeholders. It shall enact corresponding ordinances and issue executive orders after consultation with
the MFARMC. Provided, however, that all ordinance enacted and executive orders issued by the
municipal government shall confirm with the existing national and local laws and policies and shall
conform to existing national and local. Laws and policies and shall not endanger the sustainability of the
coastal and fishery resources or destroy the ecological balance.

Section 2. Delineation of Municipal Waters. Immediately upon affectivity of this code, the
mayor shall adopt all measures to involve the barangays, coastal inhabitants and concerned national
agencies to complete the delineation of municipal waters of Lian whose coastlines ranges from Brgy.
San Diego to Brgy. Balibago. As such, The Municipal Mayor, shall tap the assistance of the National
Mapping and Resource Information Authority (NAMRIA) in the delineation of the municipal waters and
the Sangguniang Bayan shall enact the appropriate ordinance after completing the validation Process of
the demarcation of its boundaries. The chief executive may suspend the issuance of any fishing
privileges provided under this ordinance and those provided under section 149 of RA 7160 if the same
will hamper or affect the completion of the delineation process. Boundary dispute resulting or arising
from delineation of municipal waters shall be resolved in accordance with Section 118 of RA 7160.

Section 3. Users of Municipal Water. All the fishery and fishery related activities in municipal
waters of Lian, as defined in this ordinance shall be opened to all municipal fisher folk and their
organization who use massive fishing gears and vessels of not more than three (3) gross tons and
engaged in fishing and listed as such on the registry of municipal fisher folk of Lian, and or their
organizations subject to limitations as may be herein provided.

Section 4: Support the Municipal Fisher folk. The municipal government shall provide support
to the municipal fisher folk through the appropriate technology and research, credit, production and
marketing assistance, sea-to-market roads and other basic social services such as but not limited to
housing, medical, education, water and electricity.

Section 5: Privileges in the use of Municipal Water. The privileges granted by the Municipal
government of Lian as provided in the Article VII hereof, shall be subject to the zonation of the municipal
waters and the CRM Plan that may here in after be enacted by the Sangguniang Bayan.

Section 6: Registration of Municipal Fishers. All municipal fishers and other person who wish to
undertake fishing and fishery-related activities within the municipal waters should register within the
municipal waters should register with the MAO. Registration and subsequent annual renewal of
registration shall be free of charge. Fishing or undertaking fishery-related activities without registration
shall be penalized in accordance with the provisions of this code. To this end, the municipal government
through the MAO shall maintain the registry of municipal fishers undertaking fishing or fishery related
activities within its municipal for the purpose of regulating entry and access into the municipal waters as
well as monitoring of fishing activities and/or related purposes such list or registry shall be updated
annually or as may be necessary and shall be posted in barangay halls or other strategic locations where
it shall be open to the public, for the purpose of validating the correctness and completeness of the list.
A system of undertaking the registration of municipal fishers shall be done by MAO in coordination with
the Sangguniang barangay and BFARMC.

Section 7: Special Permit. Special permit shall be granted to commercial fishing boats weighing
3.1 gross tons and above to fish within 10.1 to 15 kilometers of the municipal waters of Lian, subject to
the following conditions provided under Art 1 Section 18 of RA 8550:

a. no commercial fishing in municipal waters with depth less than seven (7) fathoms as certified
by the appropriate agency:

b. fishing activities utilizing methods and gears that are determined to be consistent with
national polices set by the department.

c. prior consultation, through public hearing, with the M/CFARMC has been conducted: and

d. the applicant vessel as well as the ship owner, employer, captain and crew have been
certified by the appropriate agency as not having violated this code, environmental laws and related
laws.

In no case shall the authorization or permit mentioned above be granted for fishing in an
environmentally critical condition and during closed season as provided in this Ordinance and RA 8550.
 Section 8: Zonation of Municipal waters. The Sangguniang Bayan after the effectivity of this
Code shall enact an ordinance for the zonation of the municipal waters and the guidelines for its
establishment to ensure its proper management and utilization including the fishery and coastal
resources found there in. The same shall provide for the following: Eco tourism Zone, Multiple Use Zone,
and Fishery Management Zone, Trade and navigation zone and watershed protection Zone and such
other demarcation as may be appropriate. All fishing rights and privileges granted under this code shall
be subject to the implementation of the zonation plan of the municipal waters.

ARTICLE VI

ESTABLISHMENT AND MANAGEMENT OF MARINE PROTECTED AREAS (MPAS)

Section 1. Establishment of Marine Protected Areas (MPAs). The Municipality through an

ordinance enacted by the Sangguniang Bayan shall establish Marine Protected Area where appropriate
within the municipal waters subject to the provisions of RA 8550. Fishing and fishery-related activities
shall be strictly prohibited within the protected area but regulated fishing activities shall be allowed
within, the buffer zone or the sustainable-use zone. Construction and operations of fish corals, oyster,
culture beds or gathering of fry and any fishing activities are therefore strictly prohibited in the
protected areas. However, scientific and educational activities shall be allowed inside the sanctuary and
reserve areas for monitoring and other related purposes only if written permission is obtained from the
Municipal Mayor upon favourable recommendation by the MFARMC and the IMPAMB.

All MPAs established prior to the enactment of this code in accordance with existing laws shall
be recognized and covered by the provisions herein.

The Municipal Mayor through Executive Order may extend and adjust areas of existing MPA’s
upon the recommendation of Marine Protected Area Management Board (IMPAMB) and the Municipal
Environment and Natural Resource Office.

Section 2. Management of Marine Protected Areas/Sanctuaries (MPAs). The management of

any of the declared Marine Protected Areas shall be done through stewardship agreement (SA) with any
qualified organization or failure of any organization to qualify an interim Management Board shall be
created by the Municipal Environment and National Resources office and Municipal Agriculture Office
until such time an organization shall have qualified to undertake the management of the MPAs under a
stewardship agreement with the LGU of Lian.

Section 3. Functions of the Interim Marine Protected Area Management Board (IMPAMB) are as
follows:

3.1 Oversee the implementation of the approved management plan in coordination with the
Barangay that has jurisdiction over the MPA;

3.2 Coordinate with the Bantay-Dagat, BFARMC and other local government agencies and local
organizations for the effective enforcement of fishery laws and regulations over the MPA;

3.3 Recommend policies appropriate measures the Sangguniang Bayan to ensure the effective
management of the protected area in consultation with Marine Protected Area Management Board
(IMPAMB) and MFARMC;
 3.4 Regulate all activities within the sustainable area use zone of the MPA;

3.5 Submit a regular report to the MAO regarding the implementation of the management plan;

3.6 Prepare the annual budget proposal of finance the implementation of the management plan
to be submitted to the Office of the Municipal Mayor for endorsement and approval by the SB.

37. Recommend to the Municipal Mayor areas to be declared as MPA for appropriate action.

Section 4. Composition of IMPAMB. The IMPAMB shall be composed of representatives from

various local organizations, both public and private organizations. A representatives should have an
official endorsement from the Board. The board shall be composed of but not limited to the following
organizations.

4.1 Municipal Mayor

4.2 MENRO and MAO,

4.3 Sangguniang Barangay where the MPA is located;

4.4 Accredited people organization within the barangay where the MPA is located which have
expressed intention to be a member of the board;

4.5 Bantay-Dagat

4.6 Accredited NGO which have expressed intention to be a member of the board provided such
NGOs concern/work is in the line with fisheries and/or environment;

4.7 Private Sector which have expressed intention to be a member of the board provided that
operates within the Barangay where the MPA is located;

4.8 BFARMC

4.9 Women sector

4.10 Youth

Section 5. Organization and Term of IMPAMB. As soon as the board have been organized, the
Chairman of the Board shall call an election of the officers who shall serve for one year unless an
organization have been duly qualified to undertake the stewardship agreement even prior to the lapse
of the one-year term. However, if an organization has qualified the IMPA shall continue to perform its
function and undertake election each time the term of the concerned member of the Board lapses.

Section 6. Stewardship Agreement. A MPA shall be executed between the LGU of Lian through
the Marine Protected Area Management Board (IMPAMB), the grantor, and the qualified organization,
as the grantee under the agreement shall enjoy the beneficial use of a specific portion of the sustainable
use zone subject to existing laws rules and regulation and shall be required to oversee and administer
the implementation of the Management plan for the duration of the contract. It may revoked or
terminated for cause mentioned in Section 10 hereof and such other cause the existing laws may
provide.
 Section 7. Term and renewal of the stewardship Agreement. The lifetime of the agreement
shall be left to the parties but in no case shall it be less than one year and not more than 5 years subject
to renewal of the agreement by the mutual agreement of the parties. However, no automatic renewal of
the contract may be done if there are pending Applications of other organization than has demonstrated
is capacity to undertake the stewardship agreement as determined by the Marine Protected Area
Management Board (IMPAMB). The Marine Protected Area Management Board (IMPAMB) shall likewise
determine if the SA may be awarded to more than one grantee given to the attending circumstances
such as but not limited to the geographical location of the management area its physical condition,
extent of the management area or the organizational capacity of the grantee.

Section 8. Scope of the agreement. The agreement shall cover only the area specified in it
whereby the grantee shall exercise all the acts of administration and management including but not
limited to the following:

8.1 Implement and monitor the implementation of the management plan duly approved by the
MAO after consultation with the CRMB, MFARMC and other stakeholders of the MPA;

8.2 Coordinate with the Bantay-Dagat and the PNP in order to ensure effective enforcement of
fishery laws and other related laws, rules and regulation within the area subject of the agreement;

Section 9. Qualifications of the Grantee. The SA shall be awarded to any organization provided it
has the minimum qualifications as follow:

9.1 Is has duly registered and organized under Philippine Laws;

9.2 It is duly accredited by the LGU of Lian;

9.3 Any of its member should have not been found to have not been found to have violated any
fishery law, rules and regulations at the time of its application;

9.4 With the track record that will show organizational and financial capacity to manage MPA;

The MAO shall undertake a mandatory inquiry to validate the compliance of the applicant with
the above qualifications. The foregoing qualifications should be possessed by the grantee for the entire
duration of the contract.

Section 10. Requisites for the approval of application for SA. No application shall be processed
and approved by the Marine Protected Area Management Board (IMPAMB) unless, the applicant has
comply with the following:

10.1 Submission of letters of intent

10.2 Indicative plan that will implement the management plan for the MPA;

10.3 Budget proposal

10.4 Financial statement for the previous year duly received by the BIR and SEC;

10.5 At least, endorsement from existing fisher folk organization within the barangay where the
MPA is located;
Section 11. Grounds for termination of SA. The grantor may revoke the SA, should the grantee after due
notice and hearing have been found to have committed any of the following acts:

11.1 Gross violation of the provisions of the Agreement;

11.2 When the grantee made any misrepresentation in its application or during the routine or
spot inspection conducted by the Marine Protected Area Management Board (IMPAMB) or its
representative. Misrepresentation shall mean wilful manifestation orally or in writing of any facts
assertions not in accordance with facts.

11.3 When any of its members or agents knowingly allows the use of fishing gears not allowed
by the contract or under existing fishery laws and ordinance in harvesting or fishing within any of the
area of MPA such as electrofishing. Blast fishing, fishing through the use of noxious substance, use of
fine meshed nets, superlight, use of trawl among others;

11.4 Non- compliance with the reportorial requirements for monitoring and evaluation including
the submission of annual performance audit despite due notice;

11.5 Failure to perform its obligation within the standard of performance duly agreed upon in
the contract. A system of evaluation of its performance shall be instituted for this purpose by the Marine
Protected Area Management Board (IMPAMB);

11.6 Assignment of the performance of the agreement or any of the portion thereof to a third
person without the written consent of Marine Protected Area Management Board (IMPAMB);

11.7 Failure to possess the qualifications of a grantee as provided in section hereof during the
lifetime of the contract.

11.8 Performance of any acts similar to the foregoing and such others acts that will render
useless or nugatory the purpose for which the SA was entered into between the grantor and grantee;

Section 12. Enjoyment of the sustainable Use Zone. The grantee shall enjoy the use/utilization
of a specific portion of the sustainable Use Zone or the entire portion as may be provided in the SA
subject to the following conditions:

12.1 Use/utilization of the specific portion of the sustainable use zone shall limited to capture
fishing using the gears allowed/regulated by fishery laws or existing local ordinances and other related
rules and regulation. Any use other than fishing shall require prior approval and consent in writing by
the Marine Protected Area Management Board (IMPAMB);

12.2 Use of utilization of the specific portion may be assigned to third person but shall require
prior written consent of the grantor. However such assignment should not in any way result in the
violation of the provisions of the Agreement directly or indirectly or cause any actual damage or
deterioration of the MPA. In such case, the grantee shall be liable for such act without prejudice to the
termination of the contract. Fishing for mere sustenance and not for any proprietary purpose by any
individual not member of the grantee may be allowed by the grantee without prior written consent of
MAO.
 12.3 It may be suspended by the grantor if there exist a ground to do so based on the
recommendation of MFARMC, CRMB or other groups after a technical study has been conducted for
such purpose.

12.4 Any income derived from such utilization exempt subject to existing tax ordinances and
existing laws;

12.5 Such portion may be increased or decreased by mutual agreement of the parties and
subject to the performance audit of the grantee by the grantor;

Section 13. Enjoyment of the sustainable Use Zone Not provided in any SA. The Marine
Protected Area Management Board (IMPAMB) shall have the authority to determine who may enjoy/use
the sustainable use zone not covered by any existing SA. The grantee, however, shall have the task of
ensuring that the said users comply with existing fishery laws, rules and regulation. The grantee
however, may recommend to the Municipal Mayor the appropriate regulatory measures for the use of
such portion.

Section 14. Technical Support from LGU. The grantee shall be provided with the available
technical support from the LGU through the Marine Protected Area Management Board (IMPAMB) in
order to ensure its effective compliance to the SA. Technical support shall include but will not be
limited to the following:

14.1 Recoverable grant to finance IEC, research and training activities among others subject to
the submission of project proposal

14.2 Mobilization of Bantay-Dagat and other law enforcement agencies to ensure effective law
enforcement;

14.3 Endorsement to financial institution for loans intended to livelihood project of the grantee;

14.4 Provision of supplemental logistical support like motor boats, dive equipment, GPS among
others;

ARTICLE VII

GRANT OF FISHING PRIVILEGES FOR VARIOUS FISHING AND FISHERY RELATED ACTIVITIES

Section 1. License, Lease and Permit. No person shall exploit, occupy, produce, breed, culture,
capture, gather fish fry of fingerlings of any species and other aquatic resources or engage in any fishery
activities in municipal waters without a license, lease or permit. The license fee as much as practicable
shall be based on the resource rent.

Section 2. License to operate fish pens, fish cages, fish traps, fish shelter or ‘’payao’’ and other
structures for the culture of fish and other fishery products. Fish pens fish cages, or payao and other
structures for the culture of fish other fishery products shall be constructed and open only within
established zone duly designated through the ordinance enacted by the Sangguniang Bayan and in
consultation with the MFARMC in accordance with national fisheries policies. The area to be leased for
this purpose for individual and juridical person shall be determined by the municipal government after
consultation with MFARMC, provided however, that only ten percent (10%) of the water surface of all
lakes and rivers shall be allotted for aquaculture purpose like fish pens, fish traps, and the stocking
density, feeding requirement and by its carrying capacity.

Section 3.Who inlay apply for Municipal Fishery Grants. The following are eligible for the grant
of the Fishery Privileges by the municipality.

a) Citizen of the Philippines

b) Domestic Corporation, Partnerships, Associations or corporations duly registered and

incorporated under Philippine Laws which are authorized to engage in fisheries, sixty percent (60%) of
the capital stocks belong to the Filipino and forty percent (40%) belong to foreign investments.

c) Organizations and cooperatives of Marginal fisherman duly registered and will established
track of records shall have the preferential right in the grant of the exclusive

Section 4. Municipal Fishery Grants. The LGU shall have the exclusive authority in granting the
exclusive fishery privileges of erecting and operating fish corals, fish pens, fish traps, mussels and oyster
culture beds and gathering of milkfish or fry of other species from the municipal waters. Provided the
duly registered and accredited cooperatives of Marginal Fisherman shall have the preferential right to
such privilege, provided, further that a public bidding may be required in conformity and pursuant to the
ordinance, for the grant of such. Provided finally that in the absences of such marginal organization and
cooperatives and for the failure to take advantage of the privileges and exercise their preferential right,
other parties may participate in the public bidding.

Section 5. Licensing the Fishery Privileges. Upon failure of the public bidding wherein nobody
opted to participate for at least two (2) calls therefore the LGU notwithstanding the second paragraph of
Section 11 hereof shall be authorized to grant the exclusive fishery privileges upon payment of
appropriate license fees.

Section 6. Application of Exclusively Fishery Privileges. To whom shall submit. Application for
the grant of Exclusive Fishery Privileges shall be made on official form duly approved by the LGU. The
same shall be submitted to the Mayor who will satisfy himself that the grant applied for, will not be
prejudicially public interest and that any existing does not cover the area subject of such application for
grant or license.

Section 7.Local pre-qualification bids and awards committee. To handle the public bidding shall
be the Local Pre-qualification Bids and Awards Committee (LPBAC) Composed of the Mayor as chairman
of the following members hereof;

a) The chairman of the appropriation committee of the Sangguniang Bayan.

b) A representative of the minority party in the Sangguniang Bayan if any or if there is none, one
to be chosen by the Sangguniang from its members.

c) Two (2)representative in Municipal Development Council concerned to be chosen by the

organization themselves;

d) A practicing Certified Public Accountant (CPA) from the private sector to be designated by the
local chapter of the Philippine Institute of Certified Public Accountant (PICPA) if any:
 e) Representative of the Commission on Audit shall observe the proceeding of the committee
and shall certify that the rules and procedures for pre-qualification bids and awards have been complied
will.

Section 8.Time and place of auction. The Sangguniang Bayan shall in the resolution provide for
the holding of Public Bidding for the granting of Exclusive Fishery Privileges, specifying the time and
venue of such auction, the amount to be deposited before an individual or entity is entitled to
participate to be followed by the Committee on Auction before any exclusive privileges is granted and
the bond as guarantee of good faith and for satisfactory compliance with the term of lease or grant. The
bond shall be in cash.

Section 9. Publication of Notice. The local Pre-qualification Bids and Awards Committee shall
cause the publication of the notice to bid in the local media, if any, in the bulletin board of the municipal
hall and other conspicuous places in the municipality being frequented by the public for wide
advertisement for the period of not less than fifteen (15) days prior to the holding of such public
auction.

The agenda and other information relative to the bidding shall be deliberated by the committee
at least one (1) week before such auction.

Organization and cooperative of marginal fisherman duly registered with appropriate government
agencies and with establish track of records shall be personally notified in order for them to exercise
their preferential right to be the exclusive privileges over the other in the use of fishing resources.

Section 10: Artificial Reefs and Other Fish Aggregating Devices (FADs).

The municipality shall ensure that the construction, installation and deployment of artificial reefs and
other fish aggregating devices in the municipal waters should conform with the prescribed procedure as
determined by concerned agencies and institutions that they will not unduly affect the sustained
productivity nor decrease the biodiversity of the natural environment through their use or misuse:
Provided, however, That artificial reefs and other fish aggregating devices shall not be placed or on the
coral reefs. Provided, finally, that exclusive grantee or permit lee of artificial reef or fish aggregating
devises can fish within their sites using passive fishing gears only.

All Construction of Fish Sheller or "Payao" shall be allowed only within the 10.1kilometer of the
municipal waters and the allowable distance between each "payeo" shall be one (1) kilometre.

Section 11. Fishing/Harvesting from the payaos, only those persons who were permitted to
install payao shall be allowed to harvest/fish from the said payao using lashing gears specified in the said
permit. Registered permitted of the payao may allow others to fish/harvest from the same provided it is
only for subsistence. A registered permitted may contract-out the harvesting or fishing from the said
payao provided that the contractor shall use the gear specified in the permit and that the said
contractor has no derogatory record or pending case of any violation of fishery laws. Non-compliance
with this provision shall be a ground for the cancellation of the permit.

Section 12. Requirements in the application for the installation of payao. The following are the
requirements for the approval of the application for the installation of payao:

1. The transferee is riot disqualified to be a permitted under this Ordinance.

 2. Reasonable fees which may hereinafter be imposed have been duly paid.

3. Permitted shall manage and maintain the payao to ensure that the same does not cause any
obstruction to navigation or any ecological harm to the fishery and coastal resources.

4. When under the circumstance the transfer is to circumvent the provisions of this Section or
existing laws or public policy.

In all cases of transfer of permit, the MAO shall give preference to the association, cooperative
or Non-stock Corporation of registered municipal fisher folk of Lian who was has the capacity to manage
and use the payao/FADS.

The permits may be used as collaterals in obtaining loans or financial aid by the fisher folk
association, cooperatives or non-stock corporations if the same shall be used for the livelihood or other
activities that will benefit the organization, provided a recommendation from the MFARMC/MAO or its
representative is secured prior to such act. In such case, the assignee or its mortgagee shall comply with
the provisions of this Ordinance, otherwise such assignment or mortgage shall be void and without
prejudice o criminal prosecution if the same is to circumvent the provisions of this Ordinance.

Section 13.Cancellation of the permit to install, manage and use the payao/FADS. Any permit
issued by the MAO may be cancelled based on the following grounds:

a. Whenever there is a reasonable ground lo believe by the MAO on the basis of a technical
study conducted by BFAR,NGO or academic institution with expertise to conduct such study that the
continued operation of the payao/FADS poses imminent danger to the ecological balance of the coastal
and fishery resource;

b. when the registered permitted made any misrepresentation in its application for the permit
or during the routine or spot inspection conducted by the MAO or its representative. Misrepresentation
shall mean wilful manifestation orally or in writing of any facts or assertions not in accordance with
facts.

c. Knowingly allows the use of fishing gears not allowed by the permit rounder existing fishery
laws or ordinance in harvesting or fishing within the payao or immediate premises such as
electrofishing, blast fishing, fishing through the use of noxious substance; use of fine meshed nets,
superlight, use of trawl among others.

Section 14. Moratorium on the use/installation of payao. The following rules shall govern the
declaration of moratorium in the use of payao:

a. Immediately upon the effectivity of this Ordinance, there shall be moratorium of any
installation of any payao/FADS until such time that an inventory has been conducted by the MAO as to
the number, status and ownership of the payao/FADS and such other information relatives to the
effective implementation of this Ordinance. The Chief Executive shall issue Memorandum to this effect,
and any violation of the same shall cause the summary confiscation or destruction of the said
payao/FADS if necessary.

b. The MFARMC- Bantay Dagat is hereby deputized to ensure that the moratorium is given effect
under the supervision of the Philippine National Police (PNP).
 c. All owners of existing payaos that have been inventoried shall be notified to comply with the
specifications provided by the MAO. In case the payao is owned by individual persons whether or not
resident of Lian, Batangas the same shall not be exempted in complying with this Ordinance and any
violation thereof shall cause the summary confiscation of the payao without compensation. For those
individual persons who wish to transfer ownership of the payao to persons authorized under Ordinance
to install, manage, use payao, the MAO shall assist for its immediate transfer and shall be given an
incentive to fish/harvest within one (1) year in the said payao if ever the same is transferred to the
persons authorized in this Ordinance to use, manage and install payao.

d. In cases of payaos whose ownership remained unknown despite due notice in public for (30)
days, the same shall be forfeited in favor of the LGU and may thereafter be the subject of application for
permits.

e. Moratorium shall be lifted upon the determination by the Chief Executive based on the study
conducted by the MAO that new permit may be issued for the installation of new payaos.

Section 15.License and fees. The privileges of taking or catching fish in the municipal waters of
this municipality with nets, traps, or other fishing gears with or without using therefore fishing boats or
vessels (3) gross tons or less shall be granted with ordinary license issued by the Municipal Treasurer to
any person cooperative, association or corporation qualified under Section of this ordinance upon
payment of the corresponding license fee.

Section 16. Report of fish Caught. Individuals and entities who have obtained fishing
concessions and license to catch fish in municipal waters shall submit to the Municipal Treasurer within
the first (10) days of each month, a monthly report in duplicate copies showing the kind quantity and
value, if sold, of the fish caught for the previous month; provided that the Municipal Agriculture Office
shall furnish such information and data to the Bureau of Fisheries and Aquatic Resources (BFAR) for
statistical purposes.

Section 17. Restrictions. License and permits issued and contracts executed under this
ordinance shall contain provisions to the effect that:

a) No fish corral of baklad shall be constructed within two hundred (200) meters of another
fish corral in marine fisheries of one hundred (100) meters in freshwater fisheries that
belong to the same license or grantee but in no case shall be less than sixty (60) meters
apart; except in waters less than two (2) meters deep at low tide
b) Fish corrals shall be completely opened during closed season period for the free passage of
fish to enable a considerable number of them to reach spawning grounds.
c) The licensee agrees unconditionally to comply with all the laws, decrees, orders, rules and
regulations governing fishing now existing of may later be promulgated.
d) The licensee, grantee, lessee or permitee assumes responsibility for any and all the acts of
everyone connected with his fishing concession.
e) Failure to pay any or file a bond when due as prescribed in the permit, license, or contract
shall be sufficient ground for the cancellation of the concession.
f) Catching of juvenile crab “Alimango Fry” is strictly prohibited.
 Section 18. Non-obstruction to navigation. Nothing in foregoing section shall be construed as
permitting the lessee, licensee, or permittee to undertake any construction which will obstruct the free
navigation in any stream, river lakes, or bays flowing through or adjoining the fish pen, fish cages, fish
trap and fish ponds, or impede the flow of the tide to and from the area. Any construction made in
violation hereof shall be removed upon the order of the LGU in coordination with the other government
agencies concerned at the expenses of the lessee, licensee, or occupants thereof, whenever applicable.

Section 19. Non-obstruction to defined migration paths. Nothing in foregoing section shall be
construed as permitting the lessee, licensee, or permitee to undertake any construction which will
obstruct any migration path of anadromous species such as river mouths estuaries within the distance
determined by the concerned MFARMC.

Section 20. Registration and licensing of fish, hatcheries etc. all fish hatcheries and fish
breeding facilities must register with and be licensed by the LGU, which shall prescribe minimum
standard for such facilities and consultation with MFARMC.

Section 21. Establishment of post-harvest facilities for fishing communities. the Sangguniang
Bayan shall coordinate with the private sector and other concerned agencies and MFARMC in the
establishment of post-harvest facilities for fishing communities such as municipal landing sites, fish port,
ice plants and cold storage and other fish processing establishment to serve primarily the needs of
municipal fisheries.

Section 22. Registration and licensing of all post-harvest facilities. All post-harvest facilities
such as fish processing plants, ice plants, cold storage, fishport/ landing licensed by the LGU which shall
prescribe standards for such facilities consultation with MFARMC.

Section 23. Transportation of fishery products.

1. Transport of fishery products shall be regulated. Whenever such transportation affects

domestic food security and production. A 10% of their total fishery. Products for every species
shall be retained for local food supply.

2. Spawners, breeders, eggs and fry of Bangus prawn and other endemic fishery species that are
threatened or endangered, or are necessary to maintain the viability of the industry shall not be
transported by any person, natural or juridical.

The MAO in consultation with the MFARMC shall promulgate and implement rules and
regulations on transportation of fish and fishery aquatic resources with the government's
transportation simplification procedures. For purposes of transportation, the OMA shall
establish a Municipal Fishery Inspection Control with the assistance of BFAR.

Section 24. Weights and other standards. Standards for weights, volumes and other
measurements for all fishery transactions shall be set by the OMA in coordination with the Department
of Trade and Industry and the Municipal Price Control Council.

Section 25. Quality grades and standards. All fish and fishery products for export, import and
domestic consumption should meet the quality grades and standards prescribed by the LGU.
 Section 26. Auxiliary invoices. All fish and fishery products produced, cultured. Captured,
gathered/collected, processed and made must have an auxiliary invoice to be issued by the Municipal
Government of Lian or their duly authorized representatives prior to their transport from their point of
origin to their point of destination in the Philippines and/or export purposes upon payment of a fee to
be determined by the municipal government to defray administrative cost therefore.

Section 27. Fish terminal fees. Entry or disposal of fish hauled by any fisher al the designated fish
terminal shall be charged of fees per kilo, the rate of which shall be determined through the appropriate
regulations issued by the Office of the Municipal Mayor.

ARTICLE VIII

REGISTRATION AND LICENSING OF FISHING VESSEL OF MUNICIPAL FISHERFOLK

Section 1. Registration and licensing of fishing boats. All Motorized Fishing boats from three (3)
gross tons and below shall be registered with the Municipal Agriculture Office (MAO)

All non-motorized/paddled fishing boats shall be registered with the barangay concerned. Color
codification shall be observed on all municipal fishing vessels. Each coastal barangay shall have an
assigned distinct color as prescribed by the Office of the Municipal Agriculturist.

The MAO shall maintain and update the registry of fishing vessels with the assistance of the
BFARMC/MFARMC and submit the updated registries to the Office of the Mayor. The LGU shall regularly
submit the list of fishing vessels registered and deleted/cancelled from the registry within the first
quarter of the succeeding year to the MARINA Central Office or Regional Office concerned, thePCG
Station/Detachment and DA-BFAR. The Barangay Councils shall be furnished copies of the registry to be
posted in barangay halls and in other strategic locations where it shall be accessible to the public for
validation of the correctness and completeness of the list.

Section 2. Eligibility for Fishing Vessel Registration-Only those fishing vessels which are owned
by Filipino citizens, single proprietorship, partnerships and/or corporations fully owned by Filipinos, and
duly registered or accredited fisherfolk associations and cooperatives shall be eligible for registration.

Section 3. General Registration Guidelines for Issuance of Certificate of Number (CN). A

certificate of number (CN) shall be issued to each registrants of the fishing vessel. The same shall be
issued upon compliance with the following requirements:

a. Duly Accomplished Standard Registration Application under oath using a standard application
(Annex A);

b. Certified Standard Tonnage Admeasurements Form (Annex "B");

c. Clearance from Philippine National Police Maritime certifying that the fishing vessel is not
involved in any criminal offense;

d. Official Receipt of Purchase of Engine;

e. Police Clearance that the engine purchased is not from a carnapped/stolen vessel; and,

f. Official receipt evidencing payment of corresponding vessel registration fees.

 The MAO shall verify and evaluate the submitted documents and upon finding that the
registrant has complied will all the documentary requirements and has paid the registration fee, the
MAO shall process and facilitate the issuance of the CN for approval of the Municipal Mayor or his duly
authorized representative.

Section 4. Issuance of Now CN. The MAO shall issue a new CN in case the fishing vessel changes
its homeport. A change in homeport may occur in case the owner/operator decides to change residence
of principal office, or sells or transfers ownership of the fishing vessel to a person or entity with domicile
in another local government unit, the Municipality shall delete the registration of such fishing vessel
from its register.

No clearance for the change of homeport shall be issued by the current homeport under the
following instances:

A. the single proprietorship, partnership, corporation of fisher folk cooperative has no branch
office in the intended homeport;

B. there is an outstanding safety requirement, which the fishing vessel has to comply;

C. the fishing vessel is involved in a pending criminal or administrative case for violation of a
fishery law or ordinance or a civil case regarding questions of ownership.

The new homeport shall issue a new CN upon filling of an application for issuance of a new CN
supported by the following documents:

a. The original copy of the CN; and, clearance lo change homeport issued by the current
homeport; and,

b. Clearance to change homeport issued by the current homeport.

Upon approval of the change of homeport, all records pertaining to the vessel shall transmitted
by the previous homeport to the new homeport.

Section 5.Re-issuance of CN. The MAO shall re-issue the CN in the following instances:

A. change in ownership or transfer of the fishing vessel without change in homeports;

B. change in the engine of motorized fishing vessel;

C. change of name; and

D. loss of CN.

Section 6.Sale and Transfer of Ownership of the fishing vessel. In case the fishing vessel is the
subject of sale of transfer of ownership, the MAO shall re-issue the CN, containing the amended
information on ownership upon application of the new owner or transferee, and subject to compliance
with following requirements:

a. Submission of a duly notarized Deed of Absolute Sale;

 b. Posting in the Barangay or Town/City Hall for seven (7) consecutive days giving notice that the
fishing has been sold or transferred to a new owner.

c. Affidavit of Posting executed by the Punong Barangay or the Municipal Mayor as the case
maybe that said notice had been posted in the premises and that there are no opposition to the fishing
vessel's sale, and.

d. Original copy (les) of the CN.

Section 7. Change of the engine. In case of replacement of vessel engine, an application for the issuance
of new CN shall be filed with the current homeport accompanied by the following documents:

a. The original copy of the CN;

b. Official Receipt of Purchase of Engine; and

c. Police Clearance that the engine purchased is not from a carnapped/stolen vessel

Section 8. Change of name of the fishing vessel. The municipality /city shall re-issue a CN when an owner
or operator desires to change the name of his vessel, upon application filed with the current homeport,
stating the reason for such.

An application for change of name shall not be approved if the fishing vessel in involved in civil case
regarding question of ownership or in a criminal case for violation of a fishery law or ordinance.

Only applications with complete documentary requirements shall be accepted. The following are the
documents that should be attached to the application.

a. The original copy of the CN;

b. The Posting of a notice in the Barangay or Municipal Hall on the Change of Name of the fishing vessel,
for a period of seven (7) consecutive days;

c. Affidavit of Posting executed by the Punong Barangay or Municipal Mayor that notice has been posted
and that no opposition or claims were filed against the vessel during the seven-day period of posting.

Section 9. Loss of CN. In case of loss of the CN, the following shall be required for the replacement of the
lost CN:

a. Affidavit of loss; and

b. Certified photocopy of the original CN.

Section 10. Vessel Marking or Colour coding. For easy identification of fishing vessels from the
Municipality, all duly registered fishing vessels operating in the municipal waters shall be assigned an
official number and a name and shall be painted a mark/colour pursuant to the implementing rules and
regulation which shall be promulgated after the enactment of this Code.

Section 11. Deletion and Cancellation of Fishing Vessel Registration-The fishing vessel registration shall
be deleted or cancelled under the following circumstances:

a. Loss or decay of the fishing vessel:

b. Involvement of the vessel in a marine/maritime incident;

c. Transfer of municipal area of operation of the fishing vessel; and

d. Such other lawful causes.

Under the foregoing circumstances, the owner/ operator of the subject vessel shall immediately inform
the Municipality.

Section 12. Monitoring of Registered Fishing Vessel. The LGU through the MAO shall institute a
monitoring system to determine compliance with EO 305 and its Implementing Guidelines.

The LGU shall take in consideration in its legislation other factors to guide them in approving the
registration of fishing vessel, such as but not limited to the carrying capacity of its marine resources and
the constitutional and statutory preferential rights of municipal fisher folk within municipal waters.

Section.13. Schedule of fees. The Municipality shall exact payment of registration fees in the amount of
Two Hundred Fifty Pesos. (Php .00). Such amount may hereafter be increased or decreased as may be
appropriate through an Ordinance.

ARTICLE IX

MUNICIPAL FISHERIES AND AQUATIC RESOURCES COUNCIL (MFARMC)

Section 1. Creation of FARMCs-To institutionalize the major role of the local fisherfolk and other
resource users in the community-based planning and implementation of policies and programs for the
management, conservation, development and protection of fisheries and aquatic resources of the
municipal waters as defined herein, there is hereby created FARMCs at the municipal level and in all
coastal barangays of the Municipality of Lian

A) How to Organize the FARMCs-The FARMCs shall be formed by fisherfolk organization in the locality to
be assisted by the Office of the Municipal Agriculturist (OMA) and other government entities. Before
organizing the FARMCs, the LGUs, NGOs, fisherfolk, and other concerned POs shall undergo consultation
and orientation on the formation of FARMCs.

B) How to elect Fisherfolk Representative to the Council-The council's regular fisherfolk members shall
be elected through a general election among the members of fisherfolk organizations in the locality to
be administered by the MAO in coordination with the Sangguniang Barangay. A fisherfolk must possess
the following qualifications:

a) Must not be less than eighteen (18)years of age;

b) Must have been a resident of the barangay for at least one (1) year; and

c) Must be directly or personally engaged in lacking or culture of fish and other fishery products in
municipal waters as their source of livelihood.

C) Selection Criteria for Regular Members of FARMCs-Regular members of the FARMCs shall be selected
in accordance with the following:
a) For fisherfolk representatives, including the youth and the women sectors, they shall belong to a
fisherfolk organization; residents of the barangay for at least one (1) year; engage in fishing or fish
culture which is their main source of livelihood; and with good moral character and reputation in the
community.

b) For the representatives from the NGOs and the private sector, they shall be endorsed/recommended
by fisherfolk organization based on their involvement, expertise in fisheries, track record in helping
municipal fisherfolk and in protecting the fishery and aquatic resources.

D) Structural Framework - The FARMCs may follow the following framework: First Level-the Council to
be assisted by an advisory body; and the Second Level-task forces/committees/services. The advisory
body shall be selected from the academe and research institutions, national government agencies, local
government units, NGOs and POs based on their involvement, expertise in fisheries and track record in
helping the fisherfolk. The FARMCs may be supported or assisted by a secretarial to be appointed by the
Council.

The task force/committees/services which may be created in support to the operational activities of
FARMCs may include, but not limited to the following: law enforcement or Bantay Dagat, rehabilitation
and conservation, livelihood, research, education control land and water use/zonation and resettlement.

E) Officers of FARMCs. The FARMCs shall constitute the following officers that come from among the
Council's regular fisherfolk members: Chairperson Vice-Chairperson, Secretary, Treasurer, Auditor,:
Press Relations Officer and Sergeant-at-arms, who shall be elected among themselves.

F) Tenure, Meetings and Compensation-The FARMCs members shall serve the council, in its initial
formative years for three (3) years. Thereafter, the members shall be elected yearly.

The FARMCs shall hold regular meetings every month and may hold special meetings whenever
necessary.

The FARMCs may set aside funds for allowances of its members for every meeting actually attended as
funds become available.

Section 2.Barangay Fisheries and Aquatic Resources Management Councils (BFARMCs)-There is hereby
created in every fishing barangay a BFARMC.

a.) Composition-The regular members of the Barangay FARMCs shall be composed of:

1. Chairperson of Sangguniang Barangay Agriculture/Fisheries Committee.

2. Representative from an accredited non-government organization

3. Representative from private sectors involve in fisheries or fishery-related activities;

4. At least eight (8) representatives of the fisherfolk including the youth and women sectors.

The Council shall adopt rules and regulations necessary to govern its proceedings and election.

b) Powers and Functions of BFARMC:

1. Formulate and submit Barangay Fisheries and Aquatic Resources Development Plan (BFARDP) to the
Barangay Development Council and implement it.

2. Formulate and submit fisheries and aquatic resources policies and management measures to the
Sangguniang Barangay.

3. Screen qualified applicant and evaluate application for fishing permits and/or licenses and
recommend/endorse applications to appropriate offices of the municipality/city for approval.

4. Participate in the conduct of fishery resources management studies or researches that need to be
undertaken in the barangay.

5. Create a law enforcement task force/committee in coordination with OMA and law enforcement as its
enforcement arm.

·6. In collaboration with the designated prosecutor, file complaints with administrative and/or juridical
bodies against those who commit violations of fisheries and environmental laws, rules and regulations.

7. Participate in the protection of fishery reserves and sanctuaries, and manage the sustainable use of
fisheries and aquatic resources.

8. Assist in the arbitration of disputes between and among fisherfolk over fishery rights and sharing
contracts.

9. Take active participation in establishing fishing zone, demarcated area and in delineating navigational
lanes.

10. Recommend and submit resolution to the Sangguniang Bayan concerning fisheries and aquatic
resources management and conservation measures for adoption into municipality ordinances.

11. Monitor and gather data in fish landing points as basis for the formulation of management plan and
policies.

12. Participate in the regulation of fishing effort in designated fishing ground as may be determined by
studies of concerned groups and/or agencies.

13. Maintain a registry of barangay fisherfolk and their organizations.

14. Promulgate guidelines, screen fisherfolk organizations and recommend to Sangguniang Bayan for
accreditation.

15. Monitor and evaluate the implementation of BFARDP.

Section. 3. Municipal Fisheries and Aquatic Resources Management Councils (MFARMCs)-There is

hereby created a Municipal FARMC:

a) Composition-The regular members of the Municipal FARMC shall be composed of:

1. Municipal Agriculture and Fishery Officer.

2. Representative from the Municipal/Fishery Committee of the Sangguniang Bayan.

3. Representative from the Municipal Development Council.

4. Representative from the accredited non-government organization.

5. Representative from the private sector.

6. Al least ten (1) representatives from the fisherfolk, inclusive of the Chairpersons of every barangay
FARMC including the representatives from the youth and women sectors.

The council shall adopt rules and regulations necessary to govern its proceeding and election.

b) Powers and Functions-The Municipality FARMCs shall exercise the following powers and functions:

c) Harmonize the integrate into a Municipal Fisheries and Aquatic Resources Development Plan
(MFARDP) the existing Barangay FARDP and submit plan to the Municipal/City Development Council.

d) Monitor and evaluate the implementation of the MFARDP.

e) Assist law enforcement agencies and support BFARMC law enforcement task forces/ committees in
the enforcement of fisheries and environmental laws, rules, regulations and ordinances.

f) Assist and support BFARMCs in the filing of complaints with administrative and/or juridical bodies
against those who commit violations of the fisheries and environmental laws, rules and regulations in
collaboration with designated Prosecutor.

g) Recommend and submit resolutions to the Sangguniang Bayan concerning fisheries and aquatic
resources management and conservation measures for adoption into municipality ordinances.

h) Endorse application for fishing and/or licenses to the appropriate offices of the municipal and special
agencies for consideration.

i) Arbitrate disputes between and among barangay over fishery rights.

j) Source funds for their requirements and assist in sourcing of funds for the needs of the BFARMCs.

k) Promote ancillary economic activities, including marketing and socio economic services.

1) Assist and support BFARMCs in establishing fishing zones, demarcated area and in delineating
navigational lanes.

m) Monitor and gather data in fish landing points as basis for the formulation of management plans and
policies.

n) Assist and support BFARMCs in regulating fishing effort in designated fishing groups and/or agencies.

o) Maintain a registry of municipal fisherfolk and their organizations:

Section 4. Appropriation. The sum of one hundred thousand(P100,000.00)pesos/year shall be

appropriated for the operational expenses of the Municipal Fisheries and Aquatic Resource Council
(MFARMC).All income from the first five (5) years of implementation of this Ordinance shall be
appropriated only for fisherfolks/fishery programs and projects. Twenty (20%)percent of income from
violations shall be appropriated as share of barangay where such violation occurred.

ARTICLE X
 REGULATED AND PROHIBITED FISHING AND FISHERY RELATED ACTIVITIES

Section 1.Possession of compressor on board a banca/boat or fishing vessel. Possession of compress or

on board a banca/boat or fishing vessel whether on shore or at sea without a permit to carry or
transport from the MAO shall be presumed that the same shall be sued for illegal fishing activities.
Violation hereof shall result in the confiscation of the compressor and by a fine of Php2,500.

Section 2.Use of compressor' as paraphernalia or breathing apparatus in fishing or catching fish. Use of
compressor as paraphernalia or breathing apparatus in fishing or catching fish or with the use of any
fishing gear or method whether such gear is prohibited or not shall be punishable with confiscation of
the compressor and fine of Php2,500.00. This is without prejudice to the filing of separate criminal
action for the commission of the illegal fishing through the use of prohibited fishing methods or gear.

Section 3.Violation of the permit or regulation in fish caging. Violation of the permit or regulation in fish
caging shall be punishable by cancellation of the fish caging permit and by a fine of Php2,500 without
prejudice to the filing of proper criminal or civil action as the case may be;

Section 4.Posession or use of"bayate”, “tubli" or similar organic materials. Possession or use of
“bayate" , "tubli” or similar organic materials in fishing shall be punishable by confiscation of catch and
the fishing vessel and by a fine of Php2,500 .

Section 5.Fishing within the no-fishing zone in Marine protected area (MPA). Fishing within the no-
fishing zone in Marine protected area (MPA) shall be punishable with cancellation of the permit to fish
within the municipal water of Lian and confiscation of catch and by a fine of Php2,500 ;

Section 6.Unauthorized installation of payao. Unauthorized installation of payao shall be punishable

with confiscation of the payao installed and payment for the cost of its removal from the municipal
water upon refusal of the person who installed the same to remove it upon order of the MAO and by a
fine of Php2,500 ;

Section 7.Construction/Installation of baklad in prohibited zones and or construction of baklad without

permit. Construction/Installation of baklad in prohibited zones and or construction of baklad without
permit shall cause the summary removal/destruction of the baklad so erected/installed and shall subject
the violator to the payment of the cost of its removal upon order of MAO and and by a fine of
Php2,500 ;

Section 8.Construction/Installation of fish pen in prohibited zones. Construction/Installation of fish pen

in prohibited zones shall cause the summary removal/destruction of the baklad so erected/installed and
shall subject the violator to the payment of the cost of its removal upon order of MAO including
cancellation of permit if committed by a permitted and by a fine of Php2,500 . Construction of fish pen
without permit shall likewise be subjected to the removal/destruction of said fish pen upon order of the
MAO and by a fine of Php2,500 .

Section 9.Seaweed farming not in the designated zone area. Seaweed farming not in the designated
zone/area shall cause the cancellation of the permit of the violator for one harvest season and a fine of
by a fine of Php2,500.
Section 10. Destruction or removal of payao in its designated location. Destruction or removal of payao
in its designated location shall be punishable by a fine of Php2,500 and payment of the cost of damage
or destruction of payao

Section 11. Removing/altering markers of buoys of protected area or boundaries of municipal waters.
Removing/altering markers of buoys of protected area or boundaries of municipal waters shall be
punishable with a fine of Php2,500

Section 12. Fishing in municipal waters by an unregistered fisher. Fishing in municipal waters by an
unregistered fisher shall be punishable by a fine of Php1,500 per person and confiscation of catch

Section 13. Fishing with the use of unregistered banca. Fishing with the use of unregistered banca shall
be punishable by a fine of Php1,500 if not motorized and Php 2,500 if motorized including confiscation
of catch;

Section 14. Fishing with the use of unregistered fishing gear. Fishing with the use of unregistered fishing
gear shall be punishable by a fine of Php1,500 per gear and confiscation of catch;

Section 15. Catching/fishing of juvenile fishes and other species. Catching/fishing of juvenile fishes and
other species shall be punishable by a fine of Php2,500 per person and confiscation of catch;

Section 16. Dumping/throwing of trash fishes on sea or land. Dumping/throwing of trash fishes on sea or
land shall be punishable by a fine ofPhp2,500 and rendering of community service for 40 hrs;

Section 17. Unauthorized fishing or harvesting in payao. Unauthorized fishing or harvesting in payao
unless for subsistence only shall be punishable by a fine of Php2,500 per person and confiscation of
catch;

Section 18. Use of sudsod for shellfish gathering. Use of sudsod for shellfish gathering shall be
punishable by a fine of Php1,500 and confiscation of shell fish caught.

Section 19. Violation of catch ceiling imposed by Sangguniang Bayan. Violation of catch ceiling imposed
by Sangguniang Bayan shall be punishable by a fine of Php.2,500 and confiscation of the catch in excess
of the ceiling imposed.

Section 20. Violation of closed season imposed by the Sangguniang Bayan. Violation of closed season
imposed by the Sangguniang Bayan shall be punishable by a fine of Php2,500 and cancellation of permit
to fish within the municipal waters.

Section 21. Other violations. Other violations not specifically provided under this Article shall be
penalized and prosecuted in accordance with the provisions of Chapter VI of RA 8550 as amended by RA
10654 and provisions other fishery laws rules and regulations as the case may be.

Section 22.Use of forfeited properties. Whenever, forfeiture of property is imposed as penalty, such;
property or proceeds from the sale thereof shall go to the trust fund of the municipal government to
serve coastal and fisheries resources management purposes.

Fish found caught with the use of explosives, noxious or poisonous substances or prohibited gears shall
immediately be seized or confiscated. If fit for human consumption, the seized or confiscated fish shall
be donated to penal institutions or to charitable institutions such as hospitals, houses of charities,
orphanages or similar institutions subject to existing fishery rules and regulation.

ARTICLE XI

LAW ENFORCEMENT WITHIN THE MUNICIPAL WATERS OF LIAN

Section. 1. Persons Authorized to Enforce Fishery Rules, Regulations and Ordinances. The law
enforcement officers of DA-BFAR, the Philippine Coast Guard, PNP-Maritime Command, Local Philippine
National Police, and duly' deputized law enforcement officers of the municipality are hereby authorized
to enforce this Ordinance.

Section. 2. Bantay-Dagat. Other competent government officials and employees, punong barangays and
officers, volunteers and members of fisherfolk associations who have undergone training on law
enforcement may be designated in writing by the Municipal Mayor as deputized fish wardens in the
enforcement of this Ordinance and other fishery laws, rules and regulations. Such deputization shall be
effective unless sooner withdrawn by the Municipal mayor or his successor for cause.

Section 3. Qualifications and Organization of Bantay-Dagat. The Municipal Mayor through the MAO and
MENRO shall issue the necessary guidelines and procedure in the deputization, organization,
management and monitoring of the Bantay-Dagat including the qualifications and disqualification of its
members. But in no case shall educational attainment and political affiliation be a ground for
qualification or disqualification as bantay-dagat.

Section. 4. Functions of the Bantay-Dagat.All deputized bantay-dagat shall have the following functions:

i. Enforce the provisions of this Code and other fishery laws, rules and regulations issued by the .LGU
and other national government agencies;

ii. Conduct regular patrolling and apprehend violators in their respective area of operations in
coordination with and assistance of the local PNP and other law enforcement agencies as the case may
be;

iii. Coordinale with MFARMC and BFARMC for the effective enforcement of this Code and other fishery
rules and regulation;

iv. Assist and coordinate with MFARMC, local' PNP and designated prosecutor in the filing and
prosecution of cases involving the violations of this Code and other fishery laws, rules and regulations;

v. Perform such other functions as may be appropriate for the effective enforcement of this
Code and other fishery laws, rules and regulations;

Section 5.Support to Bantay-Dagat. The Office of the Municipal Mayor shall provide the Bantay-
Dagat the necessary financial, logistic and technical support to ensure the effective performance of its
function provided in the preceeding Section. To this end, it shall be mandatory that a specific
appropriation be allotted for Bantay-Dagat operation.

ARTICLE XIII

GENERAL PROVISIONS
 Section 1. Fisherfolk Settlement Areas. The municipality shall establish and create fisherfolk
settlement areas in coordination with the concerned agencies of the government, wherein certain areas
of the public domain, specifically near the fishing grounds shall be reserved for the settlement of the
municipal fisherfolk for whom said areas may have been reserved or had been actually granted.

Section 2.Municipal Fisheries Grant/Development Fund. For the development, management

and conservation of the municipal resources, there is hereby created a trust fund known as Fishery
Grant Fund to finance fishery projects of the municipality primarily for the upliftment of the municipal
fisherfolk. A seventy percent (70%) from the total collections/revenues from all fisheries and related
activities hereby appropriated to support the Grant/Development Fund. For this purpose, the
municipality may seek financial assistance from any source and may receive any donations therefore.

Section 3.Educational Campaign. The municipality through the barangays shall launch and
pursue an educational campaign to help realize the policies and implement the provisions of this
Ordinance and Fisheries Code of1998.

Section 4. Mandatory Review. The Sangguniang Bayan with the MFARMC shall undertake the
mandatory review of this ordinance at least once every three (3)years and as often as it may deem
necessary, to ensure that coastal and fisheries policies and guidelines remain responsive to the changing
circumstances at the local and national level.

Section 5.Appropriation.The municipality shall appropriate funds in its annual budget for
purposes of fisheries and fisheries related activities and other fishery projects.

Section 6.Repealing Clause. All previous ordinances, rules and regulations or parts thereof
which are inco

Section 7.Separability Clause. If for any reason or reasons, any portion or provision of this
Ordinance is declared unconstitutional or invalid, the other portions or provisions hereof which are not
affected thereby, shall continue to be in full force and effect.

Section 8. Effectivity. This Ordinance shall take effect ten (10) days after a copy hereof is posted
in a bulletin board at the entrance of the municipal building and in at least two (2) other conspicuous
places and the ordinance has been published once in a local newspaper of general circulation in the
municipality.