ORDINANCE NO: 2007-260 "AN ORDINANCE ESTABLISHING MARINE PROTECTED AREA-I IN THE MUNICIPAL WATERS OF PAGADIAN CITY, PROVIDING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES" BE IT ORDAINED by the Sangguniang Panlungsod, City of Pagadian, in session assembled, that: Section 1. Title. - This Ordinance shall be known as "An Ordinance Establishing the Marine Protected Area-I in the Municipal Waters of Pagadian City, Providing Penalties for Violations Thereof, and for Other Purposes." Section 2. Purpose. - The establishment of the Pagadian City Marine Protected Area is to rehabilitate coastal habitat and their resources, regeneration of coral reefs that will serve as breeding, spawning, nursery ground and refuge of all kinds of marine organisms, conservation and protection of municipal waters to ensure the sustainability of food supply, and to enhance livelihood for fisher folks. It shall also serve as fishing reserves for special or limited use, for educational, research and for special management purposes. Section 3. Size and Location. - Pagadian City Marine Protected Area-1, situated between the coastal barangays of Poloyagan and Bomba and consisting of 57.749 hectares, lies between the following coordinates: MPAPT LONGITUDE LATITUDE Dao-Dao Pt. 1 123.43040273 7.79658070 Dao-Dao Pt. 2 123.43438545 7.79475526 Dao-Dao Pt. 3 123.43103494 7.78908661 Dao-Dao Pt. 4 123.43961532 7.78901510 Dao-Dao Pt. 5 123.43754487 7.79708887 Dao-Dao Pt. 6 123.43599423 7.79521735 Dao-Dao Pt. 7 123.43679862 7.79271861 Dao-Dao Pt. 8 123.43495024 7.79128099 Dao-Dao Pt. 9 123.43856999 7.79473756 Dao-Dao Pt. 10 123.43084033 7.79557020 Section 4. Definition of Terms. - As used in this Ordinance, the following terms and/or phrases shall mean: 1. Municipal Waters - refers to the municipal waters of Pagadian. It includes not only streams, rivers, lakes and other inland bodies of water and tidal water within its political jurisdiction which are not included in the protected areas as defined under the National Integrated Protected Areas Act (R.A. 7586), public forest, timber lands, forest reserve or fishery reserve, 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 then 30 kilometers of marine waters between them, the third line shall be equally distant from opposite shore of the respective municipalities. 2. Coral Reef - refers to the natural aggregation of coral skeleton, with or without living coral polyps, occurring in the intertidal and subtidal marine waters. 3. Habitat - refers to the specific set of environmental conditions under which an individual specie or community of specie exist. 4. Mangroves - is a community of intertidal plants including all species of trees, vines and herbs found in coasts, swamps or border of swamps. 5. Marine Protected Area or MPA - a defined are 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 the entire enclosed environment through the establishment of management guidelines. It is considered a generic term that includes all declared areas governed by specific rules or guidelines in order to protect and manage activities within the enclosed area. 6. Marine Reserve - an area where access and uses (whether extractive or non-extractive) are regulated or controlled for specific uses or purposes. A marine reserve may include a marine sanctuary within its boundaries. The entire area need not be placed under the same conditions or restrictions as a marine sanctuary but all uses are still controlled and regulated to the extent necessary to ensure that little or no harm is imposed on the environment enclosed in the reserve. 7. Marine Sanctuary - a defined area established and set aside exclusively for the purpose of protecting habitats or species through the prohibition of all extractive uses and strict regulation for non-extractive uses. The term is synonymous with "No-Take-Zones" (NTZ). A marine sanctuary may have buffer zones around the area sought to be protected from extractive and non-extractive uses. It may be located within a marine reserve or marine park. 8. Marine Park - a type of marine reserve in which multiple uses maybe allowed through zoning regulations and where conservation oriented recreations, education and research are emphasized. A marine park may include a marine sanctuary within its boundaries. An example of a marine park in the Philippines is the Tubbataha Reef National Marine Park. 9. Persons - refers to natural or juridical entities such as individuals, associations, partnerships, cooperatives or corporations. 10. Seagrass Beds - area group/s of sub-merged grass-like flowering plants found in shallow waters of the marine environment. 11. Spawning Ground - a marine habitat where aquatic organisms develop sperms or eggs and produce young organisms in great number. Section 5. Pagadian City Marine Protected Areas Management and Marine Fishery Reserve. - (a) The MPA shall be directly managed by the Barangay Councils of the six (6) coastal barangays of Poloyagan, Bomba, Napolan, Dumagoc, Santa Lucia and Santiago. There shall be an MPA management team to be recognized with the following composition: representatives from the Pagadian Coastal Resource Advisory Board (PCRAB) Site Development Committee; Law Enforcement Committee; IEC Committee; Pagadian Tourism Council; Six (6) Punong Barangays; Six (6) Barangay Councils; Committee on Agriculture, Fisheries & Environment; Barangay Fisheries and Aquatic Resources Management Council (BFARMC); Fisherfolks Associations; Women Associations; Kabataang Barangay; Religious Sector; Private Sector; and other NGOs based in the respective barangays shall constitute the MPA Management Team and shall become the members of the different management components under the Pagadian City MPA Plan. (b) The MPA Management Team will identify or elect their team leader (TL), co-Team Leader (co-TL) and identify or elect different committee chairman for Committee Chairman on Site Development, Committee Chairman on Law Enforcement, Committee Chairman on MPA Caretaker, Committee Chairman on IEC and Committee Chairman on Monitoring and Evaluation and members of the Barangay Councils. (c) The Management Team shall formulate their manual of operation with the technical support from PCRAB and technical consultants and other CRM experts from national agencies and provincial government for guidance. (d) The Barangay Councils of each barangays involved shall allocate regular budget taken from the GAD fund for MPA while 2% of their 20% development fund shall serve as counterpart to Integrated Management Program for the operationalization of the plan and management sustainability. Section 6. Law Enforcement. - The Committee Chair on Law Enforcement shall formulate the enforcement's operational plan in coordination with other law enforcement bodies based in Pagadian City namely: PNP-Maritime Group, Philippine Coastguard, Philippine Army and IBRA FLET for effective, efficient and cost effective operation. The enforcement team shall be augmented by the Federation of Bantay Dagat, CVOs and strong community support especially for intelligence surveillance, maintenance of buoys, guardhouses, outposts and other MPA facilities and equipment in order to ensure protection and preservation of MPAs. The Law Enforcement Team will submit a periodic status report of fisheries and MPAs related to apprehensions and violation to PCRAB Law Enforcement Committee for updates and appropriate actions. Section 7. Prohibition on the Marine Protected Area (MPA). - Absolutely "NO FISHING ACTIVITIES" in any form is allowed in the Marine Protected Area. Cutting of mangrove trees and gathering or collecting of any marine and coastal organisms including non-living matters like rocks and sand with the MPA are strictly prohibited. Any act or activity that will destroy or place the MPA in imminent or potential harm shall also be prohibited. Section 8. Regulations in the Marine Protected Area (MPA). - Pump boats or similar water crafts shall slow down when passing through the designated navigational route. Any activity conducted within the Marine Protected Area should have prior approval from the management body, PCRAB, and Dao-Dao Island Management Team or any authorized and designated representative. Fishing outside the buffer zone may be allowed provided that the fishes are registered and have license/permit duly approved by the City Mayor and that they use prescribed and licensed fishing gears. The traditional navigation area especially during high tide shall be reserved for such purpose. Dropping of anchors anywhere inside the MPA is strictly prohibited, instead boats should be tied to mooring buoys which are installed at designated areas. Section 9. Other Considerations for the Marine Protected Area. - In the event that the MPA shall become part of the eco-tourism program of the Barangay and in the City of Pagadian in general, the DIMPAM team shall promulgate additional provisions and addendum to this ordinance that shall embody among others, the users fee systems, accreditation and permit systems, allowable acts and prohibitions shall be amended. Should other issues arises, the MPA management committee shall convene and deliberate on the matter. Section 10. Research, Monitoring and Evaluation - Activities related to research, monitoring and evaluation purposes may be allowed provided boat permission is duly approved by PCRAB and Dao-Dao Island Management Team. Furthermore, the activity conducted shall be closely supervised by the MPA Caretaker or any authorized representative designated by the management team. Section 11. Penalties and Administrative Fines. 1) For Individual Offenders: a. First Offense: A fine of One Thousand Five Hundred (P1,500.00) Pesos to Two Thousand (P2,000.00) Pesos per person for violating the provisions of this ordinance or both imprisonment depending upon the discretion of the court. b. Second Offense: A fine of Two Thousand (P2,000.00) Pesos to Two Thousand Five Hundred (P2,500.00) Pesos per person and imprisonment of four (4) to six (6) months and by confiscation of the catch, fishing boat, paraphernalia used in fishing and the cancellation of the boat registration, license and permit. 2) For Boat Operators/Owners: a. First Offense: A fine of One Thousand (P1,000.00) Pesos and suspension of the boat's operation for one (1) month; b. Second Offense: A fine of Two Thousand (P2,000.00) Pesos and suspension of the boat's operation for three (3) months. c. Third Offense: A fine of Three Thousand (P3,000.00) Pesos and the cancellation of permit/license and confiscation of fishing paraphernalia. Section 12. Trust Fund. - The City and coastal barangays shall allocate under their regular budgets as stipulated in Executive Order No. 533 of President Gloria Macapagal-Arroyo as counter-part funds for the MPA Management and 49% from the revenues generated from the administrative fines, fees and others shall serve as Trust Fund for the maintenance and improvement of the MPA and shall be deposited in any banking institution in the name of MPA management team with at least three (3) signatories; two (2) of which are duly designated by MPA management team and one (1) PCRAB representative to ensure transparency and accountability. The Punong Barangays from the coastal communities involve in the MPA management shall sign a joint Memorandum of Agreement and to be witnessed by the Barangay Councils of the coastal barangays for legality and accountability purposes. Section 13. Repealing Clause. - Any ordinance, barangay resolution and orders found inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. Section 14. Effectivity. - After validation by the Sangguniang Panlalawigan, this ordinance shall take effect within ten (10) days after its posting in the bulletin board at the City Hall and in two (2) other conspicuous places within the city and its publication in a local newspaper. ENACTED AND APPROVED by the Sangguniang Panlungsod (8th City Council) of Pagadian City during its 129th Regular Session held on April 24, 2007 at the Sangguniang Panlungsod Session Hall.