ORDINANCE NO: 2017-385 Authored by: Honorable Troy B. Asugas "AN ORDINANCE DECLARING AN OFF OR CLOSED SEASON FOR ALL KINDS OF FISHING ACTIVITIES DURING THE HEREIN DECLARED PERIOD: TWO (2) DAYS PRECEDING THE ONSET OF THE NEW MOON AND THE DAY OF THE NEW MOON (DISPERAS SA HIMATAYON, HIMATAYON UG PIRMERONG SUBANG) OF EVERY MONTH TO GIVE WAY FOR FISH SPAWNING WITHIN THE MARINE WATERS OF PAGADIAN CITY, AND PROVIDING PENALTIES FOR VIOLATION THEREOF" WHEREAS, study shows that though the main aim of fisheries is to catch fish, not all fish that come into contact with the fishing gear are caught. Fishing activities may disturb the natural behavior of these fish during the spawning period and adversely affect the quantity or quality of the offspring produced by these disturbed fish; WHEREAS, spawning disturbance may cause a forced delay in fertilization which again may negatively affect the reproductive output. It has been shown that when females are unable to shed their ovulated eggs, the quality of the eggs deteriorates and the fertilization rate declines, a process called over ripening; WHEREAS, records disclose that the phases of the moon can have a large effect on the feeding habits and spawning of fishes because of the movement of tides and the ability of fish to feed throughout the night. The behavior of fish, which is often hard to predict can also be read in some ways to coincide with the different phases of the Moon; WHEREAS, full moons play a more significant role in saltwater fish movement due to the increase in tidal fluctuations. Fishing during the spawning period may have consequences for (1) the number and quality of the eggs produced which may affect the recruitment to the population; (2) the genetics of the population due to the selective effects on individuals and distinct stock components; WHEREAS, the off season of fishing during the days preceding and following the full moon policy is an important initiative to conserve and protect the fisheries resources in the city. It provides for the sustainable use and exploitation of important fisheries resources. It should be noted that given the natural calamities and adverse effects of climate change, overfishing and overexploitation of the country's fisheries resources may lead to extinction of important fish species and significant economic losses. Hence, the implementation is seen as significant mechanism to address such damaging effects and to help conserve, protect and sustain the city's fishery and aquatic resources. NOW, THEREFORE, the Sangguniang Panlungsod of the City of Pagadian in session assembled do ordain, as it hereby ordains that: Section 1. TITLE. - This Ordinance shall be known as "An Ordinance Declaring An Off or Closed Season for all Kinds of Fishing Activities during the herein Declared Period: Two (2) Days Preceding the Onset of the New Moon and the Day of the New Moon (Disperas Sa Himatayon, Himatayon Ug Pirmerong Subang) of Every Month to Give Way for Fish Spawning within the Marine Waters of Pagadian City, and Providing Penalties for Violation Thereof." Section 2. POLICY. - It is hereby adopted policy of the City Government to support the declared principle for the protection and conservation of the country's fishery and aquatic resources. Section 3.? OBJECTIVES. - This Ordinance is enacted purposely to promote adherence to all laws and regulations on the practical management of the marine resources within the municipal waters of the city consistent with national programs on food security and to provide sustainable livelihood to the local fisherfolks with reference to the implementation of Republic Act No. 8550, the Fisheries Code of 1998. Section 4.?DEFINITION OF TERMS. - As used in this Ordinance, the herein terms, words and phrases shall mean: BFARMC - Barangay Fisheries and Aquatic Resources Management Council; CFARMC - City Fisheries and Aquatic Resources Management Council; Fish Spawning - this is an external method of reproduction where the female releases many unfertilized eggs into the water. At the same time, a male or many males release a lot of sperm into the water which fertilizes some of these eggs; Fisherfolk - people directly or personally or physically engaged in taking and/or culturing and processing fisher and/or aquatic resources; Fisheries - refer to all activities relating to the act or business of fishing, culturing, preserving, processing, marketing, developing, conserving and managing aquatic resources and fishery areas including the privilege to fish or take aquatic resources thereof; Fishing Gear - any instrument or device and its accessories utilized in taking fish and other fishery species; Fishing - the taking of fishery species from their wild state of habitat, with or without the use of fishing vessels; Fishing Vessel - any boat, ship or other watercraft equipped to be used for taking of fishery species aiding 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; Off Season - a period of time for suspended or reduced fishing activities; Open Season - a period when it is legal to kill or catch game or fish protected at other times by law; Preceding - to come before (something) in time. Section 5. PROHIBITED FISHING PERIOD. - The herein period every month based on the lunar cycle is hereby declared closed for all fishing activities, to wit: a) Two (2) days preceding the onset of the new moon (disperas sa himatayon ug himatayon); b) The day of the new moon (primerong subang); Section 6. IMPLEMENTING OFFICE. - In coordination with the BFARMC and CFARMC, the Barangay Government Units of Pagadian City together with the Purok Officials and Barangay Tanods; the Maritime Police; Bantay Dagat volunteers; and the Philippine Coast Guard and in coordination with the BFARMC and CFARMC, shall take charge in implementing the regulation under this ordinance. Section 7. PENALTIES. - a) Any person found violating any of the provision of this ordinance shall be fined the amount of: 1) First Offense: One Thousand (P1,000.00) Pesos; 2) Second Offense: Two Thousand (P2,000.00) Pesos; and 3) Third & Succeeding Offenses: Three Thousand (P3,000.00) Pesos b) In the event a violator fails or refuses to pay the fine above-stipulated, aside from the confiscation and turn-over of the apprehended fishing vessel and all of its fishing gear to the Office of the City Agriculturist, he shall be appropriately charged in court for which, upon conviction, the violator may be meted six (6) months of imprisonment. Section 8. DISPOSITION OF THE FINES COLLECTED. - The amount collected from violators will be remitted to the Office of the City Treasurer who, by this Ordinance, shall be allocated in the following manner: a) Sixty (60%) Percent of the fine shall be remitted to the barangay responsible for the apprehension. In case of a apprehensions involving the joint operation by two or more barangay government units, such amount shall be equally apportioned to the barangays involved; b) Forty (40%) Percent shall be retained by the City Government of Pagadian. Section 9. REPEALING CLAUSE. - All orders, memoranda, rules and regulations, or any part or parts hereof, inconsistent with the provisions of this Ordinance are hereby revoked or modified accordingly. Section 10. SEPARABILITY CLAUSE. - If for any reason a provision of this Ordinance is declared invalid or unconstitutional, all other provisions hereof not affected thereby shall continue to be in full force and effect. Section 11. EFFECTIVITY CLAUSE. - This Ordinance shall take effect ten (10) days after its publication in a local newspaper of general circulation in the City. ENACTED AND APPROVED by the Sangguniang Panlungsod (12th City Council) during its 55th Regular Session on 29 September 2017 at the SP Session Hall, Legislative Building, V. Sagun Street, San Francisco District, Pagadian City.