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Legislative Tracking System

2004 ORDINANCE NO. 3 (Marine Sanctuary)

BE IT ORDAINED by the Sangguniang Bayan of Catarman, Camiguin, assembled, the following:


ARTICLE I

TITLE


Section 1

This ordinance shall be known as “AN ORDINANCE DECLARING PASIL REEF OF THE DAANG LUNGSOD, BONBON, CATARMAN, CAMIGUIN, AS A RESERVED MARINE SANCTUARY AND REGULATING ITS USE.”


ARTICLE II

DEFINITION OF TERMS


Section 2

For purposes of this ordinance, the following terms and words shall mean:


a.  Pasil coral reef -  the coral reef area at the sunken cemetery identified by the map prepared by the DENR with total area of 16.88 hectares situated at the Daang Lungsod, Bonbon,Catarman, Camiguin.

b.  Marine sanctuary - an area within the municipal waters where resources of different kinds and species e.g. corrals, shells, mollusk, corral fish, etc., are thriving.

c. BFARMC - Barangay Fisheries & Aquatic Resources Management Council – shall mean the government-initiated fishermen’s organization under Fishery Administration Order No. 196, series of 2000.

d. Municipal waters - shall mean the area fronting the municipality extending 15 kilometers from the shoreline to the ocean as provided for under R.A. 8550.

e. Scientific study and research - shall refer to the diving activities of any educational institution or NGO/PO researching and/or studying the life, potential and the actual situation of an area herein declared as reserved marine sanctuary.


ARTICLE III

DECLARATION OF POLICY


Section 3

It is the policy of the Local Government or Municipality of Catarman to determine, fix, alienate and protect its municipal waters within its territorial jurisdiction from over exploitation, over fishing and prioritize the rehabilitation of the damaged areas and declare for reservation the fish and marine sanctuaries to preserve and protect its eco-system and its environmental integrity.


ARTICLE IV

DECLARATION AS MARINE SANCTUARY


Section 4

The Pasil Reef area at the Daang Lungsod, Bonbon, Municipality of Catarman, Province of Camiguin, is hereby declared a reserved marine sanctuary and its protection, control and regulation shall be imposed.


ARTICLE V

CLOSE SEASONS AND PROHIBITIONS


Section 5

The Pasil Corral Reef area, declared herein as reserved marine sanctuary shall b e closed for fishing and therefore prohibits catching of fish with any kinds of fishing gear or methodology, gathering of corrals, getting shells of any kind and seaweeds, mollusk and other marine living or non-living resources, for seven years effective upon the approval of this ordinance.


Section 6

Diving shall be prohibited in the reserved marine sanctuary area except diving for scientific study and research which may be allowed upon permission of the Local Government Unit of Catarman, Camiguin, recommended by the BFARMC, MFARMC or Barangay Council.


Section 7

Fish traps, nets of any sizes, used of dynamite, chemical, toxic herbs and other poisonous substance are strictly prohibited within the declared reserved marine sanctuary.


ARTICLE VI

FINES AND SANCTIONS


Section 8

Violations of Article V of this ordinance shall be fined and sanctioned as follows:


First Offense      - Warning

Second Offense - Fine of P300.00

Third Offense     - Fine of P500.00 & confiscation of fishing Gears and equipment.


Provided that violation of Section 7 hereof shall be sanction by the existing laws and order.


ARTICLE VII

SEPARABILITY CLAUSE


Section 9

If any provision or part hereof is held invalid, the remainder of the provisions not otherwise affected shall remain valid and subsisting.

              

ARTICLE VIII

REPEALING CLAUSE


Section 10

Other ordinance, local executive orders and issuances, rules and regulations contrary to or inconsistent with the provisions of this ordinance are hereby repealed, modified or amended accordingly.


ARTICLE IX

EFFECTIVITY


Section 11

This ordinance shall take effect upon its approval.


ADOPTED this 19th day of July 2004.


APPROVED: July 19, 2004


ATTESTED:


 CLEMENTE E. TORRO


APPROVED:


MARVE G. RODRIGUEZ

THOMPSON I. BABAEL

CLAUDIA E. MAISO

WILFREDO R. ABREGANA

LIBRADO B. ABESAMIS

ISIDRO E. DABLO

OLIMPIO A. JADMAN

BERNARDO B. BORRES

GILBERTO G. LOQUIAS

GRACE NIEVES B. VELOSO