Republic of the Philippines
CITY OF PAGADIAN
Office of the City Board
ORDINANCE NO. 1
"AN ORDINANCE REGULATING FISHING AND FISHERIES IN THE MUNICIPALITY OF PAGADIAN, PROVINCE OF ZAMBOANGA DEL SUR, AND FOR OTHER PURPOSES AND IMPOSING PENALTIES FOR VIOLATION THEREOF"
By authority of the provisions of Sections 67, 69 and 70 of Act No. 4003, as amended by Commonwealth Act No. 471 and Republic Act Nos. 462 and 659, the Municipal Council of Pagadian, Province of Zamboanga del Sur, hereby ordains:
SECTION 1. This Ordinance shall be known as the "Fishery Ordinance" of this Municipality, shall be enforced in conjunction with the laws and regulations on fishing and/or fisheries already promulgated or that may later be promulgated regarding the matter.
SECTION 2. MUNICIPAL WATERS - For the purposes of this Ordinance, the term "Municipal Waters" include not only streams, lakes, and tidal waters included within the municipality, not being the subject of private ownership, and not comprised within national parks, public forest, timberlands, forest reserves, or fishery reserves but also marine included between two (2) lines drawn perpendicular to the general coast line from points where the boundary lines of the municipality touch the sea at low tide and a third line parallel with the general coastline and distant from it three (3) nautical miles.
SECTION 3. LICENSE PERMIT, FISHERY GRANT - It shall be unlawful for any person, association or corporation to take or catch fish or any aquatic products by means of nets, traps, or other fishing gears in the municipal waters of this Municipality or by means of fishing gear in the vessels of three (3) tons or less, unless provided with necessary license and municipal permits issued for the purpose by the Municipal Mayor. It shall be likewise illegal for any persons, association or corporation to operate fish ponds, fish corrals, or oyster culture beds, or take or catch "bangus" fry or fry of other species for propagation within the jurisdiction of this Municipality without first securing a municipal grant therefore conferred as provided by law and this Ordinance.
SECTION 4. PERSONS ELIGIBLE FOR FISHING OR FISHERY PRIVILEGE - The following are, under this Ordinance, eligible for fishing or fishery privilege:
a. Citizens of the Philippines or of the United States; and
b. Association or corporation duly registered or incorporated under the laws of the Philippines or of the United States or any state thereof and authorized to transact business in the Philippines, and at least Sixty-One (61%) Per Centum of whose capital stock belong wholly to citizens of the Philippines or of the United States.
SECTION 5. DIVISION AND CLASSIFICATION OF MUNICIPAL WATERS - The municipal waters within the jurisdiction of this Municipality shall be divided and classified as follows:
(NOTE: Divided and classify the municipal waters into zones or areas for fish corrals and "bangus" fry or fry of other species according to potentiality or productivity and distance to market and provide for the minimum bid for each privilege, for instance, Zone No. 1, the minimum bid shall be P100.00 per annum, and etc.)
SECTION 6. EXCLUSIVE FISHERY PRIVILEGE - Operation fish corrals and catching of "bangus" fry or fry of other species for propagation and shall be always granted to the highest bidder in public bidding held according to the provision of this Ordinance.
Grant for the exclusive privilege to erect fish corrals and to take or catch "bangus" fry or fry of other species for propagation shall be for a period of not exceeding five (5) years, or upon previous approval of the Provincial Board for a period not exceeding Ten (10) years or for a longer period, but not exceeding Twenty (20) years upon previous approval of the Secretary of Agriculture and Natural Resources.
SECTION 7. APPLICATION FOR EXCLUSIVE FISHING PRIVILEGE - Application for any of the exclusive fishery privilege mentioned in the preceding Section shall be made on official form approved by the Municipal Council.
SECTION 8. TO WHOM TO SUBMIT APPLICATION - Application shall be forwarded to the Municipal Secretary who shall forward the same to the Municipal Mayor. Upon receipt of the application, the Municipal Mayor shall satisfy himself that the license applied for will not prejudice public interest and that the portion or area for which an application for lease has been presented is not covered by any subsisting lease.
SECTION 9. COMMITTEE ON AUCTION - A committee on auction is hereby created to compose of the Municipal Treasurer, as Chairman, and Two (2) members of the Municipal Council, as Members (in the composition of the committee on auction, the Office of the Municipal Treasurer shall be represented by the Municipal Treasurer.)
SECTION 10. PUBLICATION OF NOTICE - The committee on auction shall advertise notice of sealed bids for exclusive fishery privilege in areas and taking or catching "bangus" fry or fry of other species for propagation by posting said notice in public places or in a newspaper published in the locality, if any, for a period of not less than fifteen (15) days.
SECTION 11. TIME AND PLACE OF AUCTION - The Municipal Council shall in a resolution for a notice calling for sealed bids for exclusive privilege granted under Section 67 of the Fisheries Act specifying the time and place of auction, the amount to be deposited before an individual or an entity is entitled to participate, the procedure to be followed by the committee on auction before any exclusive privilege is granted and the bond as guarantee of good faith and for satisfactory compliance with the terms of the lease or grant. The bond shall be in cash, in real estate situated within the Philippines or by surety company authorized for the purpose in an amount not less than two (2) years rental.
SECTION 12. AWARD - As soon as the successful bidder shall have posted the required bond and all the requirements complied with, the privilege shall be granted as awarded to him and a contract executed within 48 hours upon receipt of the notice of award. It is understood that the license fees have been paid to the Office of the Municipal Treasurer or his authorized representative.
SECTION 13. LICENSE PERMIT - The privilege of taking or catching fish in the municipal waters of this Municipality with nets, traps, or other fishing gears with or without using thereafter fishing boats or vessels of not more than three (3) tons gross, shall be granted under ordinary license permit issued by the Municipal Mayor to any person, association or corporation qualified under Section 4 of this Ordinance, upon payment of the corresponding license or permit fee, either annually or quarterly, which for this purpose, has been divided into categories.
Provided, that no other fee shall be collected from fisheries duly licensed by other municipality unless the license fees paid by them in that municipality are less than those prescribed above, in which case, the difference between the two annual fees may be collected: Provided, further, that fishing boats of more than three (3) tons gross and fishermen license by the national government shall not be subject to the requirements of this Ordinance, especially the payment of municipal license tax, fee or charge; provided, lastly, that the residencies of those municipality who have not been granted license for commercial fishing shall be allowed to fish in municipal waters for their consumption; provided, that no fish caught under this privilege shall be sold; provided also that they shall not fish within 200 meters from any existing corral operated under exclusive privilege granted by the municipality in accordance with this Ordinance.
License permits under this Section shall be valid for the year in which they are issued.
SECTION 14. REPORT OF FISH CAUGHT - Any individual or entity who has obtained a fishery grant or license to take or catch fish in the municipal waters of this Municipality shall submit to the Municipal Mayor within Ten (10) days of each ensuing month, a monthly report in triplicate, showing the kind, quantity, value, if sold, of fish caught during the month.
SECTION 15. RESTRICTIONS - Licenses and permits issued or contracts executed under this Ordinance shall contain provisions to the effect that:
a. No fish corral or "baklad" shall be constructed within two hundred (200) meters or of another marine fisheries or one hundred (100) meters in fresh water fisheries, unless they belong to the same grantee but, in no case shall fish corral be less than sixty (60) meters apart, unless previously approved by the Secretary of Agriculture and Natural Resources or his duly authorized representative.
b. Fish corral shall be entirely open during the closed season period or periods, for the free passage of fishes to enable a considerable number to reach the spawning ground.
c. Nothing in the license shall be constructed as permitting the license, grantee or permittee to obstruct the free navigation of any streams or waters wherein the license lessee or permittee is granted a fishery privilege.
d. The licensee agrees unconditionally to comply with all the laws, rules and regulations governing fishing and fishery law, which may hereafter be in force.
e. The licensee assumes responsibility for any or all the acts of his agents and employees or contractors connected with his fishing operation.
f. Failure to pay any fee or bond when due as prescribed in the permit, license, contract or regulations shall be sufficient reason for cancellation of the license, permit or contract.
SECTION 16. PENALTY - Any individual or entity found violating any of the provisions of this Ordinance shall be punished for each offense by a fine of not less than Twenty-Five (P25.00) Pesos but not exceeding Two Hundred (P200.00) Pesos or by an imprisonment of not less than Ten (10) days but not exceeding Six (6) months, or both such fine and imprisonment in the discretion of the Court.
SECTION 17. REPEAL - All ordinances and regulations or parts thereof in conflict with this Ordinance are hereby repealed.
SECTION 18. EFFECTIVITY - This Ordinance shall take effect upon its approval by the Secretary of Agriculture and Natural Resources.
ENACTED: APPROVED:
January 2, 1963 January 16, 1963
ATTESTED:
(SGD.) REYNERIO I. DECENA
Municipal Secretary
A TRUE COPY:
November 26, 1970
(SGD.) DELIA A. LOPEZ
Clerk-Stenographer