ORDINANCE NO.

270-2021
AN ORDINANCE ENACTING THE FISHERIES AND COASTAL RESOURCES MANAGEMENT CODE OF THE CITY OF
MASBATE, AND FOR OTHER PURPOSES

WHEREAS, pursuant to the provisions of Republic Act No. 7160, otherwise known as The Local Government Code of
1991, particularly Sections 3 on Operative Principles of Decentralization; the City Mayors are mandated to
adopt adequate measures to safeguard and conserve land, mineral, marine, forest and other resources;

WHEREAS, under the same Code, the Sangguniang Panlungsod is mandated to protect the environment and impose
appropriate penalties for acts which endanger the environment such as dynamite fishing and other forms of
destructive fishing acceleration of euthrophication of rivers and lakes;

WHEREAS, it is the policy of the City Government of Masbate to ensure that all reasonable and practicable measures are
taken by local government protect, restore and enhance the quality of coastal and marine environment having
regard to the principle of ecologically sustainable development;

BE IT ENACTED, that by the Sangguniang Panlungsod of Masbate in its regular session assembled, that:

SECTION 1. Title. This Ordinance shall be known as the, “FISHERIES AND COASTAL RESOURCE MANAGEMENT
CODE OF THE CITY OF MASBATE OF 2020”

Article I
GENERAL PROVISIONS

SECTION 2. Declaration of Policies. It is hereby declared the policy of the City to:
1. Promote conservation and ensure sustainable and equitable utilization of its coastal areas and resources
in conformity with the Philippine Fisheries Code of 1998 as amended by Republic Act. 10654
2. Ensure judicious and wise utilization, protection, conservation and management on a sustainable basis of
its coastal and fishery resources with the necessity of maintaining a sound ecological balance and
protecting and enhancing the quality of the environment.
3. Protect the rights of the small and marginal fishers in the preferential use of communal coastal and fishery
resources.
4. Allow people’s full and active participation in the conservation and management of the coastal and fishery
resources and shall promote awareness of sustainable fisheries through appropriate education and
training.
5. Provide full support for sustainable fisheries in the municipal water through appropriate technology and
research, adequate financial, production, and marketing assistance other services.
6. Allow the private sector to utilize fishery resources under the basic concept that the grantee, licensee or
permittee there of shall not only be a privileged beneficiary of the city, but also an active participant and
partner of the municipal government in the management, development, conservation and protection of the
fisheries and coastal resources of the city.
7. Promote and adhere to the precautionary principle of conservation, management and exploitation of living
coastal and fishery resources in order to assure to sustainable development of the coastal environment.
The absence of adequate scientific and technical information should not be used as a reason for
postponing or failing to take conservation and management measures.
8. Manage, conserve, develop, protect, utilize, and dispose of all fishing and fishery/aquatic resources,
including preferential rights in the management and access to the fishery for marginal fishermen-residents
of the City.
9. Regulate activities within the Buntod Reef Marine Sanctuary and Sandbar in accordance with the
principles of an integrated coastal resource management that shall:

a. Conserve, protect, and maintain the integrity of the City’s coastal marine resources;
b. Manage coastal and fishery resources within the established area of the sanctuary
c. Enhance people and community participation in the management of coastal and fishery
resources of the city’s municipal waters through community-based organizations;
d. Promote eco-tourism enterprises for a sustainable and effective coastal resource management.
10. To promote eco-tourism activity through a well manages and protected marine sanctuary.
11. Regulate activities within Bugsayon Marine Sanctuary in order to conserve, protect and maintain the
integrity of its coastal marine resources manage the coastal and fishery resources within the established
covered area of Bugsayon Marine Sanctuary as well as to enhance people and community participation in
the management of coastal and fisheries resources of the city’s municipal waters through community-
based organization in accordance with environmental laws and protection.
12. Establish additional source of funding which shall be applied to finance conservation, protection and
management of various ecotourism and farm tourism sites of the city;

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Ordinance No. 271-21
 13. Share responsibility for environmental protection, remediation, restoration and development by allocating
costs to responsible agents and users;
14. Establish and implement partnerships and linkages among the Local Government, Department of Natural
Resources (DENR), Department of Tourism (DOT) and other concerned national government agencies,
non-governmental organizations and other stakeholders.
15. To grant the private sector, in absence of the municipal fisherfolk/s who signify intention to avail their
preferential rights, the privilege to utilize resources under the basic concept that the grantee, licensee or
permit thereof shall not only be privileged beneficiary of the City but also in active participant and partner
of the government in the sustainable development, management, conservation, and protection of the
fishery and aquatic resources of the country without undermining the carrying capacity of the resources;
and
16. To provide support to the fishery sector, primarily to the municipal fisherfolk/s, including women and youth
sectors, through appropriate technology and research, adequate financial, production, construction of
post-harvest facilities, marketing assistance, and other services. The protection of municipal fisherfolk/s
against foreign intrusion shall be extended to offshore fishing grounds. Fishworkers shall receive a just
share for their labor in the utilization of marine and fishery resources.
17. Initiate economic enhancement strategy in collaboration with the private sector involving key infrastructure
development and technology transfer that will equip the fishermen cooperatives or associations and
ensure investors to venture effectively, securely and sustainability on different mariculture projects;
18. To provide better post-harvest handling and processing system and faster access to market in order to
reduce port harvest losses and increase incomes.
19. Protect and manage its coastal and fisheries resources for the enjoyment and benefit of the people of
Masbate City;
20. Enhance people’s participation in the management of coastal resources; and
21. Implement a structured and purposive information, education, communication, training, interpretive and
outreach program aimed at increasing the level of awareness and appreciation of the public for the local
culture and environment and the need to conserve and sustain them, and at increasing people’s
involvement in coastal resource management.

SECTION 3. Applicability. The provisions of this ordinance shall be enforced in:

1. All the Municipal Waters of Masbate City, as defined in this ordinance

2. All aquatic and fishery resources whether inland, coastal or offshore fishing areas including but not
limited to fishpens and cages;
3. All lands devoted to aquaculture, or business and activities relating to fishery whether private or public
lands; and
4. All people, entities or corporations that use and/or intend to use the coastal and fishery resources of the
City.

SECTION 4. Definition of terms. As used in this Ordinance, the following terms and phrases shall mean as:

a. Admeasurements - the measure of volumetric capacity o the fishing vessel to determine

its gross tonnage
b. Administrative Aide – is responsible for the upkeep and maintenance of the cleanliness
inside the CFLC.
c. Adult- all persons in secondary level, collegiate level and all other persons who does not
fall under item c of this Section.
d. Ancillary Industries – firms or companies related to the supply, construction and
maintenance of fishing vessels, gears, nets and other fishing paraphernalia; including but
not limited to fishery machine shops, and other   facilities such as feed plants, cold
storage and refrigeration, processing, plants, and other post-harvest facilities;
e. Aquaculture – fishery operations involving all forms of raising and culturing of fish and
other fishery species in fresh, brackish and marine water areas.
f. Aquatic Resources – includes fish, all aquatic flora and fauna and other living resources
environment, including but not limited to salt corals.
g. Aquatic/Coastal Pollution – the introduction by human of machine, directly or indirectly, of
substance or energy to the aquatic environment which result or is likely to result in such
deleterious effects as to harm living and non-living aquatic resources, pose potential
and/or real hazard to human health, hindrance to aquatic activities such as fishing and
navigating, including dumping/disposal of waste and other marine litters, discharge of
petroleum or residual products of petroleum or carbonaceous materials/substances and
other radioactive, noxious or harmful liquid, gaseous or solid substance, 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 cause similar hazard and
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 deleterious effects shall also constitute aquatic pollution.
h. Auxiliary Invoice – a document issued by the City Government of Masbate for all fish and
aquatic products prior to their transport from Masbate City to any point of destination in
the Philippines and/or export purposes upon payment of the fees prescribed in this
Ordinance;
i. B/CFARMC - Barangay/City Fishery and Agriculture Resource Management Council
j. Baby Trawl – A fishing gear operated by a fishing boat three (3) gross tons or less
consisting of a net made in the form of a conical bag with the mouth kept open by various
device (as otter boards/doors, wooden or iron beam, two (2) boats and extra long ropes)
and the entire gear towed, trailed, to capture fish of fishery/aquatic products;
k. Bantay Dagat – a volunteer group of community members residing inside or within the
vicinity of the coastal area, recognized and deputized by the City Government of
Masbate, whose task is to monitor, prevent or police the area against all sorts of illegal
activities committed by any natural or juridical persons.
l. Bantay Kadagatan Task Force – a coastal and fishery law enforcement unit, composed of
deputized fish wardens, CFARMC Members, PNP-Maritime group, DA-BFAR, DENR,
Coast Guard, and its auxiliary units Masbate City Station and enforcers which tasked to
safeguard, conserved and protect the marine resources and enforce fishery and coastal
environmental protection laws.
m. BFAR – refers to Bureau of Fisheries and Aquatic Resources.
n. Buntod Reef Marine Sanctuary and Sandbar Eco-Tourism Service Providers - shall refer
to accredited organizations who provide facilities and services for the responsible travel to
Buntod Reef Marine Sanctuary and Buntod Sandbar;
o. Buntod Reef Marine Sanctuary Buffer Zone- shall refer to area of the marine sanctuary
outside the core zone where hook and line fishing are allowed and recreational activities
such as but not limited to scuba diving, snorkeling, swimming, kayaking, paddle boats and
other non-motorized rides;
p. Buntod Reef Marine Sanctuary Core Zone- shall refer to the area of the marine sanctuary
as designated by Section 4, par. 2 and 3 of Ordinance No. 021-02 where human activities
are limited to snorkeling and scuba diving for recreation as well as for education and
scientific research;
q. Buntod Reef Marine Sanctuary- shall refer to the designated coordinates declared by
Ordinance No. 021-02 and is characterized by high marine biodiversity;
r. Buntod Sandbar- shall refer to the portion of the reef that protrudes on the surface and
covered by sand through accretion and is covered by water during high tide;
s. Buoy – foam floated or anchored on the boundary or at the edge of the Marine Sanctuary
and Buffer Zone, to serve as guide for fishermen and navigators not to enter or cross the
Marine Sanctuary.
t. Carrying Capacity – is the ability of a designated area of water like mariculture zone to
sustain the maximum number of fishing operation such as fish cages /pens, without
causing deterioration to the environment and damage to its ecosystems
u. Certificate of Accreditation- a certification issued by the Office of the Mayor after
complying with registration and accreditation procedures in providing eco-tourism
services in the sanctuary and sandbar;
v. Certificate of Lease – document issued to any person from association or business,
organization legally qualified thereat to operate mariculture park in the City.
w. Certificate of Number - proof of identity of fishing vessel
x. CFLC Operation Officer – Shall be in charge of the day-to-day operation of the Fish
Landing Center and shall apprise the immediate supervisor thereat of its operation.
y. CFLC Supervisor – oversees the proper implementation of guidelines and rules for the
CFLC Operations. He shall report and recommend policy and actions related to CFLC
Operation and Management to the Project Management Committee (PMC).
z. Child - all persons over 3 feet in height,
aa. City – Refers to the City of Masbate.
bb. City Fisheries and Aquatic Resources Management Council (CFARMC) – A multi-sectoral
council with the primary responsibility of planning, formulation of policies and programs
for the management, conservation, protection, and sustainable development of fisheries
and aquatic resources of Masbate City.
cc. City Waters – referred to as municipal waters in Republic Act 8550, within the city and not
being the subject of private ownership, and nor comprised within the national parks,
public forests, timber lands, forest reserves, but also marine waters included between two
(2) lines drawn perpendicular to the general coastline from points where the boundary
lines of the city touch the sea at low tide and a third line parallel with general coastline
and fifteen (15) kilometers from the coastline of the outermost inhabited island of the city.
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 Where the city and a municipality are so situated on the opposite shores that there is less
thirty (30) kilometers of marine waters between them, the third line shall be a line
equidistant from the respective shore of the city or municipality;
dd. Close Season – the period in which taking of specified fishery species by a specified
fishing gear is prohibited in the specific area of the City’s municipal waters.
ee. Coastal Resource Management – a participatory process of planning, implementing and
monitoring sustainable uses of coastal resources through collective action and sound
decision-making.
ff. Coastal Resource Management Interpretive Center (CRMIC) – an office under the City
Mayor which oversees the implementation of the City's Coastal Resource Management
(CCRM) interpretive program, coordinates Information, Education and Communication
(IEC) and outreach activities related to CRM.
gg. Coastal Resource Management Interpretive Program – a set of activities, methodologies
and strategies designed to translate information from scientific language to “everyday
language” so non-scientists can easily understand it; it is an effective way to
communicate about and involve people in coastal resource management.
hh. Coastal Zone –  is a band of dry and adjacent ocean space (water and submerged land)
in which terrestrial processes and uses, and vice versa, its geographic extent may include
area 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.
ii. Collection Agent - any designated employee of the City Treasurer's Office who is
authorized to collect fees and issue receipts or cash tickets,
jj. Collection- is an act or process of getting things from a certain place and bringing them
together;
kk. 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:

i. Small Scale Commercial Fishing – fishing with passive or active gear

utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) gross
tons (GT);
ii. Medium Scale Commercial Fishing – fishing utilizing active gear and
utilizing fishing vessels of 20.1 gross tons (GT) up to 150 gross tons
(GT); and
iii. Large Scale Commercial Fishing – fishing utilizing active gear and vessel
of more than 150 gross tons (GT).
ll. Community Fish Landing Center (CFLC) – a post harvest facility which serves as an
auction center for fishes and other aquatic resources for the following purposes:
i. Faster access to markets;
ii. Reduce post-harvest losses; and
iii. Increase income of sectors concerned.
mm. Community Organizations- shall refer non-government organizations and people’s
organizations which promote the protection and conservation of the environment
particularly Buntod Reef Marine Sanctuary and Buntod Sandbar and the municipal waters
of the City of Masbate and the neighboring municipalities;
nn. Community Outreach – refers to those activities designed to bring information, education
and interpretive programs to audiences who do not have the opportunity to visit the
interpretive center; it may include presentations (slide shows, films, puppet shows,
dramatic sketches), portable exhibits, media campaigns, community meetings and special
events.
oo. Community-based Organization – a bonafide association of residents of Barangay B.
Titong with demonstrated capacity to promote the public interest and with identifiable
leadership, membership and structure. Its members belong to a sector/s who voluntarily
bands themselves for their own upliftment, development and greater good.
pp. Compressor – a mechanical device that increases the pressure of air and reducing its
volume and both can transport the air through a hose and used as underwater breathing
apparatus of the diver. It consists of a motor engine, pump, tank, hose and other
accessories.
qq. Control – the regulatory conditions (legal framework) under which the exploitation,
utilization and disposition of the resources may be conducted.
rr. Coral – 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) skeleton of
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 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.
ss. Coral Reef – a natural aggregation of coral skeleton, with or without living coral polyps,
occurring in intertidal and subtidal marine waters.
tt. Coral – Marine animals, anthozoan, and cnidarian coelenterates, consisting of polyps and
the rigid skeletal structure they produce. 
uu. Department – shall mean Department of Agriculture.
vv. Domestic tourists - shall refer to any Filipino citizen holiday-makers living in the
Philippines;
ww. Educational Tour – an excursion or a learning experience of an entity/group at Buntod
Reef Marine Sanctuary and Sandbar for educational enhancement outside of their area of
responsibility.
xx. EMC- Executive Management Council.
yy. Endangered, rare or threatened species – aquatic plants and animals including some
varieties of coral and sea shells in danger of extinction as provided in existing fishery
laws, rules and regulations, or by the protected Areas and wildlife Bureau (PAWB) 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)
zz. Environmental User's Fee (EUF) - charges imposed on any person who visits/enters the
Mangrovetum, including the Masbate Coastal Resource Management Interpretive Center
(MCRMIC) for the purpose of enjoying, and/or experiencing various scenery provided by
the natural environment or habitat within the area,
aaa. Exclusive Fishery Privilege – The lease or grant conferred by the City Government to any
individual, association, cooperative, partnership or corporation, and to no other, to
operate fish corrals, pens and cages, oyster and other shelled-mollusk culture beds,
seaweed farms, pearl culture farms, and the catching of bangus fry, prawn or fry of other
species;
bbb. Fees and Charges - the amount to be collected at the CFLC in accordance with the
Ordinance;
ccc. Fine-Meshed Nets -net with mesh size of less than three (3) centimeters measured
between two (2) knots of a full mesh when stretched or as otherwise determined by the
appropriate government agency
ddd. Fish Cage – any method of culturing fish and fishery resources in a fish enclosure which
is either stationary or floating; made up of nets or screens sewn or fastened together and
installed in the water with opening at the surface or covered and held in a place by
wooden bamboo posts or various types of anchors and floats.
eee. Fish Catch Monitoring – the activity of recording, inspecting and gathering data of all
fishery products delivered at the fish landing center which includes the species, sizes and
the fishing gears used;
fff. Fish Corral or “Baklad” – a stationary weir or trap devised to interact and capture fish
consisting of rows of bamboo stakes, plastic nets and other materials fenced with split
bamboo mattings or wire mattings with one or more enclosures, usually with easy
entrance but difficult exit, and with and without leaders to direct the fish to the catching
chambers, purse or bags.
ggg. Fish Examiner – a person deputized to conduct a scientific examination of fishes
suspected to have been caught with the use of explosive and noxious substances and
other protected, endangered marine species enumerated at Fisheries Administrative
Order No. 208 and 158 and Cites;
hhh. Fish Fingerlings- a stage in the life cycle of the fish measuring about six (6) to thirteen
(13) centimeters depending on the species.
iii. Fish Fry- a stage at which a fish has just been hatched usually with sizes from 1-2.5cm.
jjj. Fish Inspector – a person deputized to conduct inspection and monitor the arrival of
fishers and other aquatic products at the CFLC;
kkk. Fish Landing – an area where fish and other products are unloaded, traded and/or
inspected/checked, their appropriate fees paid, before they are packed and shipped/flown
to their points of destination;
lll. Fish Pen – A fish enclosure made of closely woven bamboo screens, nylon screen or
nets, or other materials attached to poles staked to the water bottom for the purpose of
growing and/or culture of fish to various sizes both fresh and salt water areas;
mmm. Fish Port – A harbor/area where fish and other fishery products are unloaded, traded
and/or inspected/checked, their appropriate fees paid, before they are packed and
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Ordinance No. 271-21
 shipped/flown to their points of destination;
nnn. Fish Sanctuary – A protected water area where fish are able to spawn, feed and grow
undisturbed and where fishing and other activities are absolutely prohibited and/or be
regulated.
ooo. Fish Worker- a person regularly or not regularly employed in commercial fishing related
industries, whose income is either in wage, profit sharing or stratified sharing basis,
including those working in fish pens, sea farms, salt beds, fish ports, fishing boat or fish
processing and/ or packing plants. Excluded from this category are administrators,
security guards and overseers.
ppp. Fisherfolk - people directly or indirectly, personally or physically engaged in taking and/or
culturing and processing fishery and/or aquatic resources
qqq. Fisherfolk Organization and/or Cooepratives –an organized group, association,
federation, alliance or an institution of fisherfolk which has at least fifteen (15) members, a
set of officers, a constitution and by-laws, an organizational structure and a program of
action; and whose members are listed in the registry of Municipal Fisherfolks, may be
granted the use of Demarcated Fishery areas to engage in fish capture, Mariculture
and /or fish farming and any other fishing activities within the Municipal Waters
rrr. Fisherfolks Organization – an organized group, association, federation, alliance or an
institution of fisherfolk which has at east fifteen (15) members, a set of officers, a
constitution and by-laws, an organizational structure and a program of action;
sss. Fisheries – refer to all activities relating to the act or business of fishing, culturing,
preserving, processing, marketing, developing, conserving and managing aquatic
resources and the fishery areas, including the privilege to fish or take aquatic resource
thereof.
ttt. Fisheries Livelihood Development Technician (FLDT) – refers to a representative of
BFAR to monitor fish catch and other technical services.
uuu. Fisherman’s License – The authority issued by the City Government in favor of the
fishermen for fishing in the City Waters for a period of one (1) year;
vvv. Fishery and Marine Resources – included not only finfish but also mollusks, crustacean,
echinoderms, marine mammals, and all other products derived form aquatic resources in
any form.
www. Fishery Operator- one who owns and provides the means including land, labor, capital,
fishing gears, and vessels, but does not personally, engage in fishery.
xxx. Fishery Reserve – A designated area where fishing activities are regulated and set for
educational and scientific research purposes;
yyy. Fishing – the taking of fishery species from the wild state or habitat, with or without the
use of fishing vessels.
zzz. Fishing Boat/Vessel – Includes all boats, such as bancas, sailboats, motorboats, or any
other type of watercraft, whether licensed or not, used in fishing. Provided, that any such
boat used for the purpose of transporting the fish in the course or fishing operations shall
be considered as a fishing boat; Provided further, that any vessel fishing with a mother
and supplementary boats (net boats, air boats) shall be considered for the purposes of his
Ordinance as one fishing unit/fishing boat;
aaaa. Fishing Gear – refers to any instrument or device and its accessories utilized in taking fish
and other fishery species. It can be either of the following.
i. Active Fishing Gear- is a fishing gear characterized by active
movement and/or pursuit of the target species by towing, pushing the
gears surrounding, covering, dredging, and scaring the target species to
impoundments or such as, but not limited, to trawl, purse seines, Danish
seines, paaling and drift gill net.
ii. 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 across the path of the fish.
bbbb. Fishing Industry – Includes fish catchers/fishermen, producers, fish processors, fish
traders, both wholesalers and retailers, and owners of refrigerating and cold storage
plants serving the industry;
cccc. Fishing Pot (bobo) – a device made of bamboo splits, stainless, steel bar, rattan or screen
woven together for easy entrance and difficult exit of the fish
dddd. Fishing Records – Includes all records and documents of the fishery as required in the
terms and conditions of the license of exclusive fishery privilege in the office of the city
agriculturist;
eeee. Fishing Vessel – any boat, ship or other watercraft equipped to be used for 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 the preservation, supply, storage,
refrigeration, transportation and processing.
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ffff. Fishing with noxious or poisonous substance – any substance, plant extracts or juice
thereof, cyanide compound or other chemical wither in a raw or processed form, harmful
or harmless to human being, which will kill, stupefy disable or render unconscious any
fishery species and aquatic resources and capable of damaging and altering the natural
habitat.
gggg. Food Security – refers to any plan, policy or strategy aimed at ensuring adequate supplies
of appropriate food at affordable prices.
hhhh. Foreign tourists - shall refer to holiday-makers other than Filipino citizens.
iiii. Foreshore Land – a string of land margining a body of water, part of seashore between
the low-water line usually at the seaward margin of a low tide terrace and upper limit of
wave wash at high tide usually marked by a beach scrap or berm.
jjjj. Government Site Visit – shall refer to a learning visit of a government entity as a vehicle
to increase their knowledge on coastal resource management
kkkk. Gratuitous Permit – a permit issued to marginal and subsistence municipal fishers free of
any charges.
llll. Gross Tonnage - the product of vessel tonnage length, vessel depth, and vessel modified
by a factor of 0.07 divided by 2.83
mmmm. Halogen Bulb – is a lamp with a tungsten filament contained within an inert gas and a
small amount of a halogen cycle which increases the lifetime of the filament and prevents
darkening of the bulb by re-depositing tungsten from the inside of the bulb back onto the
filament. Because of this, a halogen lamp can be operated at a higher temperature than a
standard gas-filled lamp of similar power and operating life.
nnnn. Homeport - refers to the locality where the fishing vessel is registered
oooo. Hulbot-hulbot – Refers to a fishing gear consisting of a conical-shaped net with a pair of
wings, the ends of which are connected to two (2) ropes with buri, plastic strips or any
similar materials to serve as scaring/herding device with hauling ropes passing thru a
metal ring permanently attached to a weight (linggote) when hauling into a fishing boat;
pppp. Incandescent lamp – otherwise known as light bulb, is a filament enclosed in glass shield
that is either evacuated or filled with an inert gas. The filament gives off light when
heated by an electric current.
qqqq. Land-Based Transportation Vehicles – any vehicle propelled by any power other than
muscular power such as, but not limited to (a) 2-3 wheel motor vehicle, car, van jeepney,
truck and bus which are loaded with fishery products intended for commercial purposes;
rrrr. Landing or Docking – bringing or coming of fishery products to land or shore;
ssss. LGUs - Local Government Units; refers to cities and municipalities
tttt. License/Permit to Fish - the privilege to fish in its municipal water granted to registered
fisherfolks by the LGU
uuuu. Locator – refers to Mariculture Park Investors.
vvvv. Maintenance Fee - shall refer to the charges to be collected from the use of every facility
and activities in the sanctuary and sandbar;
wwww. Mangroves – a community of intertidal plants including all species of trees, shrubs, vines
and herbs found on coasts, swamps, or border of swamps.
xxxx. Marginal Fishermen – Refers to individuals engaged on subsistence fishing as their
primary source of income and whose sale, barter or exchange of marine/aquatic products
produced by himself and his immediate family, do not exceed a gross value of One
Hundred Eighty Thousand Pesos (P180,000.00) per annum based on 1992 constant
prices;
yyyy. Mariculture Park – is an area in the waters duly designated by proper authorities for
legitimate conduct of mariculture activities basically involving growing of marine species
of plants and animals and provided necessary infrastructure and amenities to make it
convenient for entrepreneur to locate or engage in mariculture business for fee.
zzzz. Mariculture Park Investors- a person or entity who will engaged in aquaculture business
operation with the City of Masbate Mariculture Park.
aaaaa. MARINA - Maritime Industry Authority
bbbbb. Marine Sanctuary – a designated area in the city waters where fishing and other fisheries
activities are prohibited and human access may be restricted and which is characterized
by high productivity and/or high biodiversity.
ccccc. Marine Sanctuary – A designed area in the Municipal waters where fishing activities are
prohibited and human access maybe restricted and which characterized by high
productivity and biodiversity.
ddddd. Medium Scale Commercial Fishing Boats – a fishing boats weighing from 20.1 tons and
up to 150 gross tons based on its certificate of vessel registration;
eeeee. Mercury Bulb – is a gas discharge lamp that uses mercury in an excited state to produce
light. The arc discharged is generally confined to small quartz that is mounted within a
larger borosilicate glass bulb. The outer bulb maybe clear or coated with a phosphor, in
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Ordinance No. 271-21
 either case, the outer bulb provides thermal insulation; protection from ultraviolet radiation
and a convenient mounting for the fused quartz are tube.
fffff. Monitoring. Control and Surveillance:
i. 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 fisherfolk; (2) characteristics of
fishery resources; and (3) resource yield (catch);
ii. Control- the regulatory conditions (legal framework) under which the
exploitation, utilization and disposition of the resources may be
conducted; and
iii. Surveillance- the degree and types of observations required to
maintain compliance with regulations.
ggggg. Mooring Area- a place where a vessel or boat can moored as designated
hhhhh. Motorized Fishing Vessel - a fishing vessel propelled by mechanical means
iiiii. Municipal Fisherfolk – person who are directly or indirectly engaged in municipal fishing
and other related fishing activities.
jjjjj. Municipal Fishing – refers to fishing within municipal waters using fishing vessels of three
(3) gross tons or less, or fishing not required the use of fishing vessels.
kkkkk. Municipal Water - include not only streams, lake, inland bodies of water and tidal water of
the municipalities which are not included within the protected areas as defined under
Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserve or
fishery reserves, but also marine waters included between two (2) lines drawn
perpendicular to the general coastline from point where the boundary lines of the
municipality touch the sea at low tide and 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 the
opposite shore of the respective municipalities.
lllll. Net Tonnage - the gross tonnage modified by factor 0.32
mmmmm. No Take Zone (NTZ) – means the prohibition of any kind of extractive and fishing activity
within the core zone
nnnnn. Non-Government Organization (NGO) – refers to agency, institution a foundation 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.
ooooo. Notice of Approval – a formal notice from EMC approving application for lease of
Mariculture Park in the City.
ppppp. Open Season – Refers to the period during which fishing or specific species of aquatic
organisms or products, or the use of specified fishing gear is permitted in a specified area
or areas within the City Waters, as provided in an Ordinance promulgated for the
purpose.
qqqqq. Overfished Area – an area within the municipal waters which cannot sustain the fisheries.
It can be due to any of the following types of overfishing: (i) too much harvesting in such a
way that the mean size of fish captured is suboptional for providing effective yields from a
fishery; (ii) intense fishing pressure by which the process of fishery restocking through
reproduction and resettlement is impaired; (iii) shift community structure from fishery
dominated by valuable species to one dominated by species of less economic value or
utility; and (iv) when resource destruction in their effort to maintain their incomes.
rrrrr. Pa-aling – Refers to a fishing gear consisting of a net set at coral/shoal reef areas
whereby fish are driven towards the net by means of air bubbles produced by
compressors, with the use of a motor boat and supported by airboats, and to be used
outside the 14-km;
sssss. PCG - Philippine Coast Guard
ttttt. People’s Organization- a bonafide and duly accredited association of citizens with
demonstrated capacity to promote the public interest and with identifiable leadership,
membership and structure. Its members belong to a sector/s in the community who
voluntarily band themselves together to work for their own upliftment, development and
greater good.
uuuuu. Permit – a document issued to license holders before engaging in fishing using particular
gear and/or boat engine in any fisheries activities within the city.
vvvvv. Permit to Dock – The permit granted to commercial fishing vessels to dock in any port,
pier, wharf, or quay within the city for purposes other than in direct support of the fishery
except as noted in the terms and conditions thereon (i.e. to offload fish and re-supply
only);
wwwww. Persons – natural or juridical entities such as individuals, associations, partnership,
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Ordinance No. 271-21
 cooperatives or cooperation’s.
xxxxx. Persons with Disability (PWD)- are those who have long-term physical, mental,
intellectual or sensory impairments which in interaction with various barriers may hinder
their full and effective participation in society or an equal basis with others.
yyyyy. PNP MARIG - Philippine National Police Maritime Group
zzzzz. Project Management Committee – a committee in-charge to ensure that all programs
related to CFLC are properly implemented;
aaaaaa. Quarry Resources – means any common stone or other common minerals/substances
such as, but not restricted to mud, marble, granite, cinders, basalt, tuff and rock
phosphates, provided they contain no metal or other valuable minerals in economically
workable quantities
bbbbbb. Quarrying – refers to the extraction or removal of quarry resources in identified production
rivers
cccccc. Registered Breadth - the transverse distance taken at a widest part of the hull, excluding
rub rails from the outer board side of the skin on one side of the hull to the outboard side
of the skin on the other side of the hull.
dddddd. Registered Length - the horizontal distance between the outboard side of the foremost
part of the stem and the outboard side of the aftermost part of the stem, excluding fittings
and attachments
eeeeee. Registration - an act/process of enlisting a fishing vessel three gross tonnage and below
for the purpose of establishing identity and ownership by assigning it a permanent
number (recorded in the city registry of city fishing vessels)
ffffff. Republic Act No. 8550 as amended by RA 10654 – otherwise known as the Philippine
Fisheries Code of 1998 as amended by Republic Act No. 10654, entitled “An Act to
Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing”. It is the
national law that governs the management and conservation of the fisheries resources of
the country.
gggggg. Research Activity – shall refer to any scientific or academic research related activity
hhhhhh. Resources Rent- the difference between the value of the products produced from
harvesting a publicly owned resource less the cost of producing it, where cost includes
the normal return to capital and normal return to labor.
iiiiii. Revenue Collection Clerk – shall be in charge of the checking and recording volume and
local name of fish unloading and such other services offered by the CFLC wherein a
corresponding fee is being exacted. All fees collected shall be remitted daily to the
Cashier at the City Treasurer”s Office at the end of the transaction. Market checker can
derive statistical data from his own records and he shall prepare Statistical Report
monthly for submission to the appropriate office.
jjjjjj. SAMAPUSI- refers to Samahang Mangingisda ng Puro-Sinalikway who are accredited
and registered fisherfolk organization physically engaged in taking fish and other fishery
product which include the protection, conservation, management of aquatic resources.
kkkkkk. Sangguniang Panlungsod – Refers to the Sangguniang Panlungsod of the City of
Masbate;
llllll. SCUBA – Self Contained Underwater Breathing Apparatus.
mmmmmm.Sea-Ranching – the release of the young of fishery species reared in hatcheries 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.
nnnnnn. Senior Citizens - refers to any resident citizen of the Philippines at least sixty (60) years
old.
oooooo. Small player investors- it refers to marginal registered municipal fisherfolk or
group/registered fisherfolk organization recognized by the City FARMC.
pppppp. Small Scale Commercial Fishing Boat – fishing boat which weighs 3.1 gross tons up to 20
gross tons based on its Certificate of Vessel Registration.
qqqqqq. Spear Fishing – method of fishing with the use elastic powered spear guns and slings, or
compressed gas pneumatic powered spear gun.
rrrrrr. Sport Fishing – Any fishing practice using hook and line solely for catching fish for
tournament(s) where the fisherman may receive an award, financial or otherwise, and the
catch may be used for personal consumption, but will not be able to receive financial gain
for resale of his/her catch;
ssssss. Superlight – also called magic light is a type of strong light using halogen or metal halide
either submerged or located above the sea surface, consisting of a ballast, regulator,
electric cable and socket, the power of which comes from a generator, battery, dynamo or
the main engine of the boat;
tttttt. Three (3) Gross Registered Tonnage – Cubical content in tons of the boat’s hull with 16
horse power engine.
uuuuuu. Tonnage Breadth - measured at the mid part from the gunwale inside of the skin of the
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Ordinance No. 271-21
 hull to the inside of the skin on the other side of the hull
vvvvvv. Tonnage Depth - measured at the centerline from a point below the line of the tonnage
deck. Measurement taken at right angle to the vessel centerline of the vessel down to the
inboard of the bottom skin of the hull
wwwwww. Tonnage Length - the length measured at the center line of the fishing vessel from the
point forward where the line of the tonnage deck intersects the line of the faces at the
stem to the point, where the line of the tonnage deck intersects the inboard face of the
stem.
xxxxxx. Tourist Related Activities–shall refer to any and all eco-tourism activities permitted at
Buntod Reef Marine Sanctuary and Sandbar offered by accredited service providers.
yyyyyy. Tourists- refer to any person who is not a Filipino visiting the Magrovetum for pleasure
and interest.
zzzzzz. Tourists’ Recreational Cottage- shall refer to a small-storey building of simple
construction, to include floating cottages (balsa), serving as a temporary house or shelter
for the tourists.
aaaaaaa. User’s Fee – a fee levied to those who shall use the Marine Sanctuary and Sandbar, for
its operation and maintenance.
bbbbbbb. Vessel License – Refers to the authority issued by the City Government to the fishing
vessel three (3) gross registered tons or less to fish within City Waters, and is non-
transferable.
ccccccc. Wattage – is an amount of power, especially electrical power, expressed in watts or
kilowatts.
ddddddd. Zone – subdivision of the City/Municipal waters into uses.

Article II
MUNICIPAL WATERS & TERRITORIAL BOUNDARIES

SECTION 5. Municipal Water Territorial Boundary of the City of Masbate- Pursuant to the Local Government of Code of
1991, the Philippines Fisheries Code of 1998 as amended by RA 10654 and as defined in this ordinance, the
municipal waters of the City of Masbate shall be within the following geographic coordinates:

POINT LATITUDE LONGITUDE REMARKS

Beginning at 1 12º 27’ 48” 12º 27’ 48” Coastal Terminal Point
Thence 2 12º 27’ 48” 12º 27’ 48”
Thence 3 12º 31’ 36” 12º 27’ 48”
Thence 4 12º 31’ 01” 12º 27’ 48”
Thence 5 12º 30’ 11” 12º 27’ 48”
Thence 6 12º 27’ 48” 12º 27’ 48”
Thence 7 12º 27’ 48” 12º 27’ 48”
Thence 8 12º 27’ 48” 12º 27’ 48”
Thence 9 12º 27’ 48” 12º 27’ 48”
Thence 10 12º 27’ 48” 12º 27’ 48”
Thence 11 12º 27’ 48” 12º 27’ 48”
Thence 12 12º 27’ 48” 12º 27’ 48”
Thence 13 12º 27’ 48” 12º 27’ 48”
Thence 14 12º 27’ 48” 12º 27’ 48”
Thence 15 12º 27’ 48” 12º 27’ 48” Coastal Terminal Point
Thence following to coastline
12º 27’ 48” 12º 27’ 48”
to 1

SECTION 6. Jurisdiction of the City of Masbate over its Municipal Waters. The City Government shall have jurisdiction over
the municipal waters. The city government shall be responsible for the management, conservation, protection,
utilization and disposition of all coastal and fishery resources with the municipal waters.

The city government, in consultation with the CFARMC, shall enact corresponding ordinances and issue
executive orders thereon: Provided, That all ordinance enacted and executive orders issued by the city
government shall conform with the existing national and local laws and policies and shall not endanger the
sustainability of the coastal and fishery resources or destroy the ecological balance: Provided however, That
the city government, in coordination with the CFARMC and other concerned agencies and institutions, shall
also enforce all fishery and environmental laws, rules and regulations as well as coastal and fishery resources-
related ordinances enacted by the Sangguniang Panlungsod.

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Ordinance No. 271-21
SECTION 7. Zonation of the Municipal Waters. The utilization of the water resources for domestic and industrial use shall
be allowed PROVIDED that it is consonance with the development regulations of provisions of the Water
Code of the Philippines, Clean Air Act, and the Revised Forestry Code of the Philippines, as amended subject
to an Environmental Impact Assessment prior to the approval of its use.

Such bodies of water shall include rivers, streams, lakes and seas with the following uses:
A. Allowed Uses:
1. Domestic water use
2. Irrigation water use
3. Industrial water use
4. Recreation, fishing and related activities, floatage/transportation
5. Navigation Zone
B. Allowable/Non-Conforming uses
1. Water supply infrastructure such as river intake structures, water treatment plant, reservoir,
infiltration gallery and appurtenances, provided that it conforms with existing laws and
regulations.
2. Sand and gravel quarrying for the following rivers, provided that it conforms with existing laws
and regulations.
C. Non-allowable/Non-Conforming uses - No development is allowed in this zone, permanent or
temporary in nature except those mobile float cage facilities for recreation purpose.

SECTION 8. Division and Classification of City Waters. The City Waters shall be divided by barangay and the boundary shall
be the territorial boundary of every barangay, and also marine waters included between two lines drawn
perpendicular to the general coastline from points where the boundary lines of the barangay touch the sea at
low tide and a third line parallel with the general coastline and fifteen (15) kilometers from the coastline of the
outermost inhabited island of the city, and shall also include inland waters of the barangay.

Article III
EXTRACTION OF QUARRYING MATERIALS

SECTION 9. Rules on Extraction of Quarrying Materials. No extraction of materials shall be allowed within a distance of one
Kilometer from boundaries of reservoir established for public water supply, archeological and historical sites
and any public or private works or structures, unless prior area clearance of the agency or owner is obtained;
while no extraction or removal of materials shall likewise be allowed in offshore areas within Five Hundred
meters distance from the coast and Two Hundred meters from the mean low tide level along the beach,
pursuant to Section 101, Department Administrative Order 23, series of 1995;

SECTION 10. Penalty. Violation of Section 9 hereof shall be fined the amount of One Thousand Pesos (Php 1,000.00) or
imprisonment of six (6) months, or both, at the discretion of the Court.

Article IV
REGISTRATION OF FISHERFOLKS AND OTHER RELATED GUIDELINES

SECTION 11. Use of the Municipal Waters. The use and exploitation of the fishery and aquatic resources in the Municipal
Waters of the City of Masbate shall be reserved exclusively to the City’s Fisherfolks: Provided, however, that
research and survey activities may be allowed under strict regulations for purely research, scientific,
technological and educational purposes that would also benefit the City constituents.

The fisherfolk from the City of Masbate have preferential rights over the use and utilization of the City’s
municipal waters. Nonetheless, all persons may be allowed to fish and utilize the City’s Municipal Waters, as
defined in this Code, provided, a fishing permit or license shall first be secured from the concerned office of the
City Government of Masbate.

SECTION 12. Registry of Municipal Fisherfolks, Vessels & other Miscellaneous Provisions. The City Government, thru the
Office of the City Agriculturist, shall maintain a registry of municipal fishers for the purpose of determining
priorities among them, of regulating and limiting entry 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 mechanism for inclusion or exclusion procedures that shall be most beneficial to the resident
municipal fisher. The CFARMC may likewise recommend such mechanism: Provided, further, That a registry
of municipal fishing vessels, type of gears and other boat and fishing particulars shall also be maintained.

Below are the following guidelines that shall be observed:

a. Registry of fisherfolks- The City Government shall maintain a registry of fishing boat 3.0 GT and below. A
registry list of fishing boat shall be submitted to the office of the City Agriculturist for reference.
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Ordinance No. 271-21
 b. Number coding and color coding – All municipal fishing boats registered in the City of Masbate shall bear
a number per coastal barangay as stated in this ordinance. The number itself shall be painted
horizontally from end of the boat with green color code to use by this City.
c. Priority of resident municipal fisherfolks - Resident municipal fisherfolks of the City of Masbate and their
organization/cooperatives shall have priority to exploit municipal and demarcated fishery areas of the
City.
d. Demarcated Fishery Right. The City shall grant demarcated fishery right of fishery
organization/cooperatives for Mariculture operation in specific areas identified under this Code.
e. Limited Entry into Overfished Areas. Whenever it is determined by the City through the Department of
Agriculture (DA) or Bureau of Fisheries and Aquatic Resources (BFAR), that a municipal water is
overfished based on available data or information or in danger of being over fished, and that there is a
need to regenerate the fishery resources, in that water, the City shall limit fishery activities in the said
waters.
f. Support to Municipal Fisherfolks The City shall provide support services to the Municipal fisherfolks
through appropriate technology and research credit, production and marketing assistance and other
services such as, but not limited to training for additional livelihood projects. The City and the CFARMC
shall endeavor to avail of the technical services of the DA or BFAR for the training of Municipal
Fisherfolks of Masbate, transfer of modern fishery technology, fisheries management, technical
assistance on the preparation of a feasibility study and organizing and strengthening of fishery
organization.
g. Rights and Privileges of Fisherfolks. The fisherfolks shall be entitled to the privileges accorded to other
workers under the Labor Code, Social Security System and other benefits, under other laws or social
legislation for workers, provided that fish workers on board any fishing vessels engaged in fishing
operation are regularly working with the fishing operators. Fish workers employed in a fishing operation
shall be classified as field personnel as defined under The Philippine Labor Code, as amended and shall
not be subject to the regulations on normal working hours and overtime.
SECTION 13. Fishermen’s Licensing Registration System. All qualified fishermen applicants shall registered with the City
Government, and shall be issued Fishermen Identification Cards, upon completing the filling-up application
forms and payment of the registration fees, and which they shall carry at all times when engaged in fishing
operations and present and surrender whenever requested by the Bantay Dagat personnel and other duly
authorized law enforcement officers: Provided, that this Fishermen’s license shall be valid for one year,
renewable annually.

Article V
GRANT AND CANCELLATION OF FISHERY LICENSES & PRIVILEGES

SECTION 14. Grant of Fishing Privileges in Municipal Waters. The duly registered fisherfolks organizations/cooperatives
shall have the preference in the grant of fishery rights by the City Council.
All fisheries and coastal activities in the municipal waters, subject to existing laws and regulations, shall be
utilized by the registered municipal fishers and their organizations and cooperatives duly accredited by the
Sangguniang Panlungsod: Provided, That no commercial fishing vessel is allowed to operate within the
municipal waters.

SECTION 15. Persons Eligible for Fishing and/or Fishing Privileges. The following are, under this Ordinance, eligible for
fishing and/or fishing privileges within the City Waters, provided they do not utilize vessels more than three (3)
gross tons:
1. Residents of the City of Masbate, who are Filipino Citizens;
2. Partnerships, associations, or corporations duly registered under the laws of the
Philippines, and whose capital stock belong wholly to Filipino citizens;
3. Cooperatives duly registered in accordance with law and duly accredited with the City
Government.

SECTION 16. Municipal Fishers from Adjacent Municipalities. Municipal fishers from other municipalities may be allowed to
use the municipal waters: Provided, That they should be a registered municipal fishers in their respective
municipalities and shall secure the necessary fishery license from the municipal government of City of
Masbate: Provided however, That they shall not be more than ten percent (10%) of total number of registered
resident municipal fishers from City of Masbate: Provided, Furthermore, That the municipal fishers from the
adjacent municipalities shall abide all ordinances and executive orders pertaining to the use and management
of the municipal waters and its coastal resources.

SECTION 17. Exclusive Fishery Privilege. Operating Fish corrals, pens and cages, seaweeds, pearls, oyster and other
culture beds, or the catching of “bangus” fry or fry of other species for propagation shall be considered as
Page 12 of 43
Ordinance No. 271-21
 Exclusive fishery Privileges which shall be granted preferably to organizations or cooperatives of marginal
fishermen registered under the CFARMC, upon payment of half of the corresponding annual rental fee and the
corresponding license fee as specified in the next preceding paragraph. The grant of such privileges shall be
in accordance with the provision of this Section and is non-transferable.

SECTION 18. Fishery License. All individuals, cooperative, partnership, firms or corporations who are listed in the Registry of
Municipal Fishers shall be issued Fishery License: Provided, however, that the Fishery License is non-
transferable. Provided, further, That the holder agrees unconditionally to comply with all the laws, orders,
policies, and rules and regulations governing fishing. The licensee shall also assume responsibility for any and
all of his acts with his fishing operation.

SECTION 19. Procedures for the Application/Renewal for Fishing Licenses or Exclusive Fishery Privileges. The following are
the procedures to be followed by the applicants in applying/renewing for fishing licenses, auxiliary invoices
and/or exclusive fishery privileges:

(a) Application/Renewal for any of the fishery licenses (Fishermen’s License, Vessel License, Mayor’s
Permit for fishing gear) or Exclusive Fishery Privileges mentioned in the proceeding sections shall be
made on official forms duly approved by the Sangguniang Panlungsod, attached to which shall include,
but not limited to the following:
(1) Community Tax Certificate
(2) Barangay Clearance/BFARMC Clearance
(3) Bantay Dagat Certificate of Inspection for vessels
(4) PNP-Maritime or Philippine Coast Guard Certificate of vessel Registration with more than
three (3) –gross tonnage.
(5) Affidavit of Ownership of Vessel or Gear/Lease Contract
(6) Certificate from the Fisheries Regulatory Field Office (BFAR)
(7) Certificate of Registration

(b) For an Auxiliary Invoice to Transport “bangus” fry or fry of other species within the Philippines, which
shall be for a period of one month to take effect from the date of the first shipment of fry:
(1) In case of public fishponds, copy of Fishpond Lease Agreement (FLA);
(2) In case of private fishponds, copy of supporting document (TCT or lease Contract);
(3) In case of fishpen/fish cage owners or operators, copy of BFAR or LLDA license, whichever is
applicable;
(4) Sketch of fishpond showing the nursery and other portions of the fishpond;
(5) Estimated stocking rate per heater per season for the developed fishpond or fishpen;
(6) Fry concession contract if any, showing source, quantity and price of fry;
(7) Corporation or Partnership’s document, when applicable;
(8) Fry or fingerling’s contract, if any, with fishpond, fishpen/fishcage or nursery owner or operator.

(c) All applications shall be forwarded to the City Mayor who shall ensure through the Bantay Dagat, which
shall be tasked with the inspection of persons, boats, fishing gears, and other paraphernalias, fishery
records and contracts, private ports and warehouses used in the fishery, and the operation site; 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 existing lease. Thereafter, the appropriate fees and
charges shall be paid, and the bond filed for exclusive privileges in accordance with the Guidelines for
granting Preferential Right.

(d) Following the process for Granting Preferential Rights and no qualified applicants have been found, the
following shall be the procedure for granting exclusive fishery privileges:
(1) A Committee on Auction, which shall be composed by the City Treasurer as Chairman and two
(2) members of the Sangguniang Panlungsod as members, shall advertise a notice for the
raffle in areas or zones of the City Waters available for creating fish corral, pens and cages, or
operating oyster, pearl, seaweed or other culture beds, or taking or catching bangus fry or fry
of other species for propagation by posting said notice in a newspaper published in the locality
for a period of not less than fifteen days;

(2) The Sangguniang Panlungsod shall, provide a notice calling for a raffle for the Exclusive
Fishery Privilege, specifying the time and place of the raffle, the number of permits to be
issued, the bond to be deposited before an individual or entity be entitled to participate, the
procedure to be followed by the Committee on Auction before any exclusive fishery privilege is
granted. The bond, which is a guarantee of good faith and for satisfactory compliance with the
terms of the lease or grant, shall be in cash or real estate situated within the Philippines or
guaranteed by a surety company authorized for the purpose in an amount not less than two (2)
years rental.

Page 13 of 43
Ordinance No. 271-21
 (e) Issuance of an Auxiliary Invoice, before transporting any shell or other marine/aquatic products, the
shipper, collector, dealer, or possessor shall secure an Auxiliary Invoice from the Office of the City
Treasurer. This Invoice shall state the kind, quantity value and origin of the aquatic products, the fees which
have been paid and who received the payment, giving therein the number of the official receipt. The
Auxiliary Invoice shall be made in quadruplicate and shall accompany the products described therein, from
which it must not be separated until the said products have reached their destination. However, before an
Auxiliary Invoice is issued, a certificate of Quarantine Inspection must be procured by the
shipper/transporter from the Quarantine Office.

SECTION 20. Additional Guidelines in the grant Fishing Licenses or Exclusive Fishery Privileges. The following are the
additional guidelines to be observed in the granting of fishing license or exclusive fishery privileges:

a. The Sangguniang Panlungsod shall post in the City Hall and at least two other strategic places a notice to
fisherfolk’s organizations or cooperatives to apply for the granting of preferential rights.
b. The same notice shall be posted in at least two strategic places in every fishing barangay and announce
once a week for four consecutive weeks.
c. Interested parties shall have forty-five (45) days from the posting of the notice to signify their intention to the
Sangguniang Panlungsod to avail of the preferential right. Should two or more groups signify their intent to
avail of the right, the CFARMC shall accommodate them, if possible, or consequently, shall develop criteria
for the selection of qualified applicants.
d. Only when no qualified applicants who have signified their intent to avail of the preferential right, shall the
Sangguniang Panlungsod invite other parties to participate in a public bidding, to be conducted by the
Committee on Auction in the process prescribed under this Code.
e. The Sangguniang Panlungsod may then grant to the highest bidder the exclusive privilege of constructing
and operating fish corrals, pens and cages, seaweeds, pearls, oyster and other culture beds, or the
gathering of “bangus” fry or fry of other species in City Waters upon payment of the corresponding rental
and license fees; Provided, that if there’s only one applicant, then it is the decision of the Sanggunian to
grant the application, the bidding process shall be waived and only the rental fee and license fees shall
apply.

f. Provided further, that the license granted for these Exclusive Fishery Privileges shall be for a period not
exceeding three years, except the license granted for gathering “bangus” fry or fry of other species which
shall only be for a period of one year; Provided furthermore, that these grants of Exclusive Fishery
Privileges shall be under and comply with such conditions prescribed by the Sangguniang Panlungsod.

SECTION 21. Rental Fees for Exclusive Privileges. The following are the rental fees to be collected for the exclusive fishery
privileges:

(a) For the privilege of erecting fish corrals (baklad), an annual rental fee of five Hundred (P500.00) Pesos
per fish corral;
(b) For the privilege of catching or taking of “bangus” fry or “kawag-kawag” or fry of other species, an
annual rental fee of Five Hundred Pesos per family/household;
(c) For the privilege of establishing and maintaining fish cages, an annual rental fee of Five Hundred
Pesos per five hundred square meters or fraction thereof;
(d) For the privilege of erecting fish pens, an annual rental fee of Five Hundred Pesos per five hundred
square meter or fraction thereof;
(e) For the privilege of gathering/culturing oyster or shelled-mollusk beds (i.e. kapis shells), an annual
rental fee five hundred per five thousand square meter area or any fraction thereof;
(f) For the privilege of establishing and maintaining pearl culture farms, an annual rental fee of Six
Thousand Pesos per five hundred square meters or a fraction thereof;
(g) For the privilege of establishing and maintaining seaweeds farms, an annual rental fee of Three
Hundred Pesos per five thousand square meters or a fraction thereof.

Except those specified areas identified by the CFARMC, the privilege to gather, take, or catch bangus fry,
prawn fry or “kawag-kawag” or fry of other species from the City Waters by nets, traps, or other fishing gears
by marginal fishermen shall be free of any rental fee, or any other imposition whatsoever.

SECTION 22. Limitation on “Bangus” Fry or Fry of Other Species Reservations. The City Fisheries and Aquatic Resources
Management Council (CFARMC) shall determine a definite zones within the City Waters for the purpose of
granting preferential fishing rights to associations/cooperatives of marginal fishermen duly registered as such
at the CFARMC. Further, in addition to the aforementioned, that in the zoning and classification of the City
Waters for purposes of awarding areas for the construction of fish corral, pens and cages, or the culture of
seaweeds, oysters, pearls and other shelled-mollusk beds, or the gathering of “bangus” fry or fry of other
species, the CFARMC shall set aside not more than one-fifth (1/5) of the area designated for the gathering of
fry, as may be designated by the City Government as Government “Bangus” Fry Reservation.

Page 14 of 43
Ordinance No. 271-21
SECTION 23. Limitation on the Grant of Exclusive Fishery Privilege. The following limitations shall be strictly followed:

1. The exclusive fishery privilege shall be valid and effective for three (3) years.
2. The exclusive fishery privilege shall not be sub-contracted or sub-leased, in whole or in part.
3. The members of fisherfolk organizations or cooperative whose household are already in possession of
any Exclusive Fishery Privilege, other than for fish capture, cannot enjoy the Exclusive Fishery Privilege
granted to the organizations or cooperative.

SECTION 24. Grounds for the Cancellation of the Exclusive Fishery Privilege - The following are the grounds for the
cancellation of the exclusive fishery privilege:

1. Construction and operation of fish corral and/or gathering of bangus fry outside of the designated
area in the municipal waters.
2. Violation of any fisheries and environment-related ordinances;
3. Use of dummies;
4. Failure to comply with national laws, rules and regulations; and
5. When public welfare so requires as deemed by the city government, in consultation with the
CFARMC.

Provided, That a voluntary written request to forego the exclusive fishery privilege by the holder is a sufficient
ground for the cancellation of the privilege.

SECTION 25. Schedule of License Fees. License to occupy, produce culture, or gather fish of any species and other
fisheries products in the municipal waters shall be granted by the City Mayor upon payment of corresponding
fees at the rate not exceeding those fixed hereunder: Provided, however, That registered fishers from other
municipalities who will be permitted to use the municipal waters of this city shall pay double of the rate fixed
hereunder.
License fees for exclusive fishery privilege of erecting fish corrals, pens, cages, seaweeds, pearls, oysters,
aquasilvi and other culture beds, or catching bangus fry or fry other species. The Sangguniang Panlungsod is
authorized to grant franchise for the privilege of erecting fish corrals, pens and cages, operating oyster, pearl
seaweeds, or other culture beds, or catching bangus fry or fry of other species within the City Waters
preferably to cooperatives/organizations or individuals or marginal fishermen registered under the CFARMC,
and to partnerships, associations or corporations, upon payment of license fees therefore at the rates fixed
hereunder:

(a) Fish Corrals/Fish Pen Erected (Zone No.IV): Annual Fee

(1) Less than 3 meters deep Php 200.00
(2) Three (3) meters deep or more, but not less than 5 meters deep 400.00
(3) Five (5) meters deep or more, but less than eight (8) meters deep 800.00
(4) Eight (8) mtrs. deep or more, but not less than ten (10) mtrs. Deep 1,500.00
(5) Ten (10) mtrs. deep or more, but not less than fifteen (15) mtrs. Deep 2,000.00
(6) Fifteen (15) meters deep or more 3,000.00

(b) Fish Cages:

Per one hundred (100) square meters P 100.00
(c) Baklad
Per Unit/a year 500.00
(d) Oyster and Other Shelled-Mollusk Culture Beds
Per Hectare P 1,000.00
(e) “Bangus” Fry or Fry of Other Species:
(1) Less than two thousand (2,000) square meters P 1,600.00

(2) Two thousand (2,000) square meters or more, but not less than four thousand (4,000)
square meters 3,000.0

(3) Four thousand (4,000) square meters or more, but not less than six thousand (6,000)
square meters 4,500.00

(4) Six thousand (6,000) square meters or more, but not less than eight thousand (8,000)
square meters 6,000.00

(5) Eight thousand (8,000) square meters or more P 8,000.00

(f) Fish Pens:

Per 100 sq. meters P 100.00
(g) Seaweeds Farms:
Per five hundred (500) square meters P 500.00
(h) Pearl Culture Farm:
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Ordinance No. 271-21
 Per five hundred (500) square meters P 1,000.00

SECTION 26. Fines. A fine of Three Thousand Pesos (Php 3,000.00) is imposed for the violation of Section 25 of this code.

Article VI
REGISTRATION OF FISHING VESSELS, GRATUITOUS PERMIT, DOCKING, FISHING GEARS, AQUACULTURE
OPERATIONS AND OTHER RELATED GUIDELINES

SECTION 27. Registry of Fishing Vessels- The City of Masbate through the City Agriculture Office (CAO) shall keep a
registry of fishing vessels three gross tonnage and below. The registry shall be for the purpose of information
generation, monitoring and regulation, establishment of identity of ownership of vessels and maritime safety.

The CAO shall maintain and update the registry of fishing vessels with the assistance of the Barangay/City
Fishery And Agricultural Resource Management Council (BFARMC/CFARMC) and submit the update
registries to the Office of the Mayor. The City Government of Masbate 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
Maritime Industry Authority (MARINA) Central Office or Regional Office concerned, the Philippine Coast Guard
(PCG) Station and Department Of Agriculture – Bureau Of Fishery And Aquatic Resources. The Barangay
Councils shall be furnished a copy of the registry to be posted in barangay halls and in other strategic location
where it shall be accessible to the public for validation of the corrections and completeness of the list.

SECTION 28. Eligibility for Fishing Vessel Registration - Only those fishing vessel which are owned by Filipino citizens,
single proprietorship, partnerships and/or corporation fully owned by Filipinos, and duly registered or
accredited fisherfolk association and cooperatives shall be eligible for registration.

SECTION 29. General Registration Guidelines for Issuance of Certificate of Numbers (CN) The applicant shall submit to the
City Agriculture Office the following documentation:
a) Duly Accomplished Standard Registration Application under oath using a standard application;
b) Clearance from PNP-Maritime Group Headquarter certifying that the fishing vessel is not involved in
any criminal offense;
c) Official Receipt of Purchase of Engine;
d) Police Clearance that the engine purchased is not from a car napped/stolen vessel: and,
e) Official receipt evidencing payment of corresponding vessel registration fees/proof of ownership.

SECTION 30. Issuance of New Certificate of Number. The City shall verify/issue a new Certificate of Numbers in case of
fishing vessel changes in homeport. A change in homeport may occur in case the owner/operator decides to
change residence or principal office, or sells or transfers ownership of the fishing vessel to a person or certify
with domicile in another local government unit. The City shall, upon application for change homeport, issue a
certificate of clearance and shall cancel the registration of such fishing vessel from its registry.

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

a)The single proprietorship, partnership, corporation or fisherfolk 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 civil case regarding questions of ownership.

B. The new homeport shall issue a new Certificate Of Numbers upon filing of an application for
issuance of new certificate supported by the following documents:

a. The original copy of the certificate of numbers; and

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

SECTION 31. Re-issuance of Certificate Of Numbers. The City shall re-issue the Certificate Of Numbers in the following
instances:

a. Change in ownership or transfer of the fishing vessel without change in the homeports:
b. Change in the engine of motorized fishing vessel:
c. Change of name; and,
d. Loss of Certificate Of Numbers.

SECTION 32. Rules on Certificate Of Numbers.

A. Change in ownership - In case the fishing vessel is the subject of sale or transfer of ownership, the
City shall re-issue the Certificate Of Numbers containing the amended
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Ordinance No. 271-21
 information on ownership upon application of the new owner or transferee,
and subject to compliance with the following requirements:

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

b) Posting in the Barangay or City Hall for seven consecutive days
giving notice that the fishing vessel has been sold or transferred to a
new owner;
c) Affidavit of posting executed by the Punong Barangay or City
Mayor that said notice had been posted in the premises and that
there are no oppositors to the fishing vessel’s sale; and
d) Original copy (ies) of the certificate of numbers.

B. Change in engine - In case of replacement of vessel engine, an application for the issuance of new
certificate of numbers shall be filed with current homeport accompanied by
the following documents:

a. The original copy of the certificate of numbers;

b. Official Receipt of Purchase of Engine; and
c. Police Clearance that the engine purchased is not from
carnapped/stolen vessel.

C. Change of name - The City shall re-issue a certificate of number when an owner or operator desires
to change the name of his fishing vessel upon application filed with the
current homeport, starting the reason for such.

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

Only application which complete documentary requirements shall be

accepted. The following are the documents that should be attached to the
application:

a. The Original copy of the certificate of numbers;

b. The posting of a notice in the Barangay or City Hall on the
change of the name of the fishing vessel for a period of seven
consecutive days;
c. Affidavit of posting executive by the Punong Barangay or City
Mayor that notice had been posted and that no opposition or claims
were filed against the vessel during the seven day period of posting.

D. Loss of certificate of numbers

a. Affidavit of loss; and

b. Certified photocopy of the original certificate of numbers.

SECTION 33. Coding of Motor Boats. All duly registered fishing vessels operating in the municipal water shall be assigned
an official number and a name and shall be painted a mark/color GREEN, for easy identification of fishing
vessels from the city.

To ease identification of fishing vessels/boats licensed to operate in City Waters, shall be identified, in addition
to the numbering system by the City Government, it shall be painted a diagonal green stripe three feet back
from the bow on each other side from gunwale extending to the waterline and extending horizontally for a
distance of three feet.

The city government shall designate coding for all motor boats that will be operated in the city: Provided, That
the following numbers shall be designate as number coding for the each of the barangay:

Name of Barangay Number Code Color Code

B. Titong 01 Green
Anas 02 Green
Bolo 03 Green
Cawayan Exterior 04 Green
Bantigue 05 Green
Batuhan 06 Green
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Ordinance No. 271-21
 Pawa 07 Green
Maingaran 08 Green
Kinamaligan 09 Green
Pating 10 Green
Bagumbayan 11 Green
Espinosa 12 Green
Ibingay 13 Green
Nursery 14 Green
Tugbo 15 Green
Asid 16 Green
Usab 17 Green

SECTION 34. 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 City.

SECTION 35. Schedule of Fees. The City shall exact the following registration fees annually for each motorized banca to be
operated within the municipal waters of Masbate City, to wit:

a. Certificate of Number Php 65.00

b. Permit to Operate:
a. Below 1. Gross ton Php 550.00
b. From 1.1 to 2 gross ton Php 650.00
c. From 2.1 to 3 gross ton Php 750.00
d. Baroto Php 80.00

c. Operator’s License 150.00

d. Transfer of Ownership 75.00

SECTION 36. Time of Payment. The fee herein imposed shall be paid to the City Treasurer within the first twenty (20) days
of January or within the first twenty (20) days of each calendar quarter

SECTION 37. Schedule of Fees for Fishing Gears. The privilege of taking or catching fish in the City Waters of Masbate City
with nets, traps, or other licensed fishing gears or paraphernalias, with or without therefore a fishing boat or
vessel three (3) gross tons or less, shall require a license issued by the City Mayor to any person, cooperative,
association or corporation, qualified under this Code, recognizing the principle of conservation and upon
payment of the corresponding fees enumerated below:

SCHEDULE OF LICENSE FEES

Kind of Fishing Gear License Fee per Year

(A) Fishermen using nets P 250.00/year
1) Pangki (except for the use of fry gathering)
2) Pabbas
3) Largarete
4) Panapao

Provided that the mesh of the fish nets should not be less than three (3) cm. when stretched.

(B) Fishermen using traps:

1) Pangasag P 300.00/year
2) Squid Jigger (pamusit) P 200.00/year
3) Bobo or Panggal (big or small) P 200.00/year
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Ordinance No. 271-21
 4) Kitang P 100.00/year
5) Pamana (manu-manu) P 100.00/year
6) Pukot (pagkuha san semilya) P 400.00/year
7) Pukot (pagkuha san Aquarium Fish) P 500.00/year

(C) Fishermen using other Paraphernalia: P 150.00

1) without light
2) with torch

(D) Fishermen using other fishing gears: P 250.00

1) Panti
2) Bitana
3) Bocatot Padarao

(E) Other fishing gears

FISHING GEAR FEES

Pangbingwit Php 100.00
Panglambay Php 200.00
Pamo Php 200.00
Gillnet Php 200.00
Bahan-bahanpasol Php 300.00
Laya Php 100.00

Impounding of motorized or non-motorized fishing boat or baroto, which shall be placed under the custody of
the Punong Barangay, for the use of the above-mentioned fishing gears.

SECTION 38. Permit to Anchor for fishing vessels of Three (3) gross tons and below. All fishing vessels of three (3) gross
tonnage (GT) and below in the City of Masbate shall comply with all the requirements set under City Ordinance
No. 085-07, or the Ordinance Prescribing for the registration of fishing vessels of three (3) gross tonnage (GT)
and below in the City of Masbate.

SECTION 39. Permit to Dock. All fishing vessels/boats, more than three (3) registered gross tons shall secure a Permit to
Dock at the City Administrator’s Office upon payment of the corresponding fee for the purpose to be set by the
same office.

SECTION 40. Issuance of Gratuitous Permit. The City Government may issue gratuitous permits to municipal fishers to use,
occupy, produce, culture, capture, or gather fish of any species and other fisheries products in the municipal
waters: Provided, That government agency or institution of learning may also be given gratuitous permit to
engage in any fishery activities in the municipal waters for scientific or educational purposes, subject to the
terms and conditions as may be imposed.

SECTION 41. Report of Transfer of Ownership of Boats and Fishing Gears. The owner/operator of registered boats and
fishing gears shall notify the City Government of the transfer of ownership of the boats and fishing gears within
fifteen 15 days after its transfer.

SECTION 42. Fines and Penalties. Any person found violating provisions under Article VI of this Code shall be penalized in
accordance with the following:

1st Offense - a written warning

2nd Offense - a fine of Two Hundred Pesos                                     
3rd Offense - a fine of Five Hundred Pesos and an imprisonment at the
discretion of the Court.

SECTION 43. Responsibilities for Aquaculture Operation. All licenses, permits, and exclusive fishery privilege holders shall
be governed by existing laws, orders, rules and regulations governing coastal and fisheries resources and
shall:

1. Take precaution as may be necessary to prevent destruction to the coastal and fishery resources and
habitat and the municipal waters, and to ensure environmental protection at all times;
2. Assume responsibility for the use of fishing boat and any or all acts of his/her agents. Employees or
laborers, including those of contractors connected with his/her fishing operations, or in the establishment,
management, or operation of the contract or during the fishing expedition, such as transport and or
possession of dynamite, cyanide and other poisonous or noxious substance, as well as any fish caught
through unlawful means;
Page 19 of 43
Ordinance No. 271-21
 3. Keep and submit all records and reports of transaction in connection with the license, permit or lease in
such format as required by the terms and conditions of the license and as may be required by law;
4. Allow or render assistance to any law enforcer for purpose of inspection, searching and examining any
person, document, records and places of operations including storage areas, auxiliary boats or goods
aboard the boat;
5. Vacate the area covered by the fishery privilege, upon expiration or as directed by authorized City officials,
unless renewed or cancelled;
6. Clear, remove, destroy or demolish any debris, materials, structure or gear, or the vacated area placed or
constructed on the site of the fishery privilege upon expiration or cancellation of the privilege; and
7. Abide all other rules and regulations that will be legislated after the enactment of this ordinance

SECTION 44. Duties of Licensees, Permittees and Exclusive Privilege Holders. Every licensee, permittee or exclusive
privilege holder shall be governed by the laws, rules, and existing regulations governing fisheries and those
which may hereinafter be promulgated.
(a) To take necessary precaution to prevent destruction to City Waters and the
marine/aquatic, especially the corals, and to ensure environmental protection at all
times;
(b) To assume responsibility for the use of his fishing boat and any or all acts of his
agents, employees or laborers, including those of contractors connected with his
fishing operations, or in the establishment, management, or operation of the lease
contract or during the fishing expedition, such as transport and or of dynamite,
cyanide and other poisonous or noxious substances, as well as any fish caught
through unlawful means;
(1) To keep and submit all records and reports of transactions in connection
with the license, permit or lease in such format as required by the terms and
conditions of the license and as may be required by law;
(2) To permit or render assistance to any Bantay Dagat personnel or any other
duly authorized Fishery Warden for purposes of inspection, searching and
examining any person, documents/records, places of operation including
storage areas, auxiliary boats or goods aboard the boat;
(3) To provide fish samples to the Deputized Fishery Warden/Quarantine
Enforcement Officer which in no case shall exceed one kilo, for scientific
analysis or examination to determine whether the same was caught by
means of explosives, or by poisonous or obnoxious substances, by either
the Cyanide Detection Center or the Department of Agriculture Fish
Laboratory;
(4) To carry at all times the license, permit or lease contract, ready to exhibit
them upon demand by any enforcing officer thereof;
(5) To vacate the area covered by the exclusive fishery privilege, upon its
expiration or as directed by authorized city officials, unless renewed or
cancelled;
(6) To clear, remove, destroy or demolish any debris, material, structure or
gear, or the vacated area placed or constructed on the site of the Exclusive
Fishery Privilege upon expiration or cancellation of the Privilege;
(7) To refrain from constructing any fish pen, “baklad”, cage or any fish trap or
device on places fronting beach resorts areas.

Article VII
UTILIZATION, MANAGEMENT, CONSERVATION, PROTECTION, PRESERVATION, REHABILITATION AND
DEVELOPMENT OF
FISHERIES AND AQUATIC RESOURCES

Section 45. Establishment of Closed Season. A closed season is hereby established as provided below. For this purpose,
the following fish species shall not be caught, and the corresponding gears are banned such as:

Specie Period Banned Gear

1. Sibubog/ Pulang-ikof or Round June to July and December to January Palubog gillnet,
scad/red tail
2. Lawlaw or Tamban November to January

Affected fishers during the closed season period will be given a priority of the City Government for alternative
livelihood as a source of his/her income.
Page 20 of 43
Ordinance No. 271-21
SECTION 46. Limited Entry into Overfished Areas. Whenever in a particular area in the municipal waters is being overfished
or endangered of being overfished, based on available data or information, the Sangguniang Panlungsod, in
consultation with the CFARMC, shall enact an ordinance prohibiting or limiting fisheries activities in the said
waters.

SECTION 47. License Control and Fishery Inventory. In recognizing the fragile nature of the fisheries resources in the City of
Masbate and the City Government shall recognize the principle of “Limited Access” or limit the level of fishing
effort through limited licensing, commencing in July 2002. This shall be enforced until appropriate scientific
assessment of fish stocks can be made in the City Waters to determine the sustainable harvesting levels. For
this purpose, the financial and technical assistance of appropriate private and public agencies/offices shall be
solicited.

SECTION 48. Regulation on Construction and Operations of Fish Corrals. The City Government, in consultation with the
CFARMC, shall regulate the construction and operation of fish corrals in the Municipal Waters: Provided, That
no fish corral shall be established and operated outside of the designated areas for the establishment and
operation of fish corral: Provided, however That no fish corral shall be constructed within two hundred (200)
meter of another fish corral: Provided, Further, That the tail of the fish corral shall not be more than one
hundred (100) meters: Provided, Furthermore, That the mesh size of the net of the fish corral shall not be less
than three (3) centimeters and shall be entirely lifted during the designated closed season of gathering of
danggit to enable a considerable number of spawner/breeder to reach their spawning grounds: Provided,
finally that ownership of fish corral is limited to only one per permittee.

SECTION 49. Restrictions. Licenses or Exclusive Fishery Privilege contracts issued shall, in addition to in compliance with
the National Fisheries Code, P.D. 704, contain provisions to the effect that:

(a) For Fish Corrals

(1) No fish corral or “baklad” shall be constructed within two hundred meters of another fish
corral in marine fishery waters or one hundred
meters within fresh water fisheries unless they belong to the same lessee, but in no case shall the
distance be less than sixty meters apart;

(2) Fish corrals shall be entirely opened during closed seasons for the free passage of fish for
conservation purposes, or for health reasons (i.e. red tide);

(3) No fish corral shall be constructed within all approaches to Masbate City, like bay anchorage
areas, subports and beach resorts, and those areas declared as sanctuaries or reserves;
(4) The maximum size of each fish corral is five thousand (5,000) square meters in sea waters;

(b) For Oyster and Other Shelled-Mollusk Culture Beds

(1) The size of an area for the culture of shelled-mollusks shall not be more than one hectare
for individuals or not more than five hectares for partnerships, associations, corporations, or
cooperatives;

(2) No area for the culture of shelled-mollusks shall be established at a distance of less than
five hundred meters from each other.
(i) The size of the area for the operation of fish pens shall not be more than three hectares
for individual or not more than ten hectares per partnership, association, corporation, or cooperative;
(ii) The size of the area for the operation of fish cages shall not be more than two square
meters per individual or not more than one thousand sq. meters per partnership, association,
corporation, or cooperative.

(c) For all Exclusive Fishery Privilege Holders

(1) Nothing in the contract shall be construed as permitting the lessee or grantee to undertake
any construction which will obstruct the free navigation in any stream or lake flowing through or
adjoining the fish corral, per or cage, or culture bed or gathering of “bangus” fry or fry of other
species, or to impede the flow or ebb of the tide to and from the area where the lessee or grantee is
conferred a fishery privilege, or conflicts with another’s waters rights, or steps on or destroy corrals.

(d) For License-Holders of Vessels or Fishing Devices

(1) No fishing within the two hundred meters radius of any licensed fish corral, pen or cage.

SECTION 50. Protection of Other Marine Habitats. The City Government, in coordination with the CFARMC and other
concerned organizations, shall ensure the protections and conservation of other marine habitats in the

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Ordinance No. 271-21
 municipal waters: Provided, That the City Government, in consultation with the CFARMC, shall regulate the
use of fishing gears and other human activities that may adversely affect the marine habitat.

SECTION 51. Coastal and Aquatic Pollution. All activities in the ground or waters, directly or indirectly, which result or likely
to result in such deleterious effect which harm living and non-living aquatic resources, hazard to human health,
hindrance to coastal or fishery activities such as fishing and navigation, including dumping/disposal of waste
and other marine litter shall be prohibited: Provided, That it shall be the responsibility of the polluter to contain,
remove and clean up-up pollutants at his/her own expense: Provided however, That in case of failure to do so,
the City Government in coordination with other concerned agencies and institutions, shall undertake
containment, removal and clean-up operations and expenses incurred in said operation shall be charged
against the person and/or entities responsible for such pollution.

SECTION 52. Maintenance of Water Quality and Cleanliness. The City Government shall monitor the quality of the water at
the optimal level relative to natural productivity and the cleanliness of the areas devoted for aquaculture
development.

The operation and owners of aquaculture facilities shall develop a mechanism of proper waste disposal.
Violation of this section may be a ground for the cancellation of the permit to operate aquaculture activities.

SECTION 53. Use of Payao. The City Government shall regulate the use of existing payao, a raft used to attract and catch
fish in Southeast Asia, particularly in the Philippines, and other fish aggregating devices in the municipal
waters: Provided, that no more payao or any other fish aggregating devices shall be deployed in the municipal
waters: Provided, however, that only registered municipal fishers shall utilize the existing payao in the
municipal waters.

SECTION 54. Navigation Route. The City Government, in consultation the CFARMC, shall designate the navigational routes
of ferries and other fishing crafts and shall disallow any activity that shall obstruct the designated navigational
route: Provided, that nothing in the foregoing section shall be construed as permitting the lease, licenses or
permittee to undertake any construction which may obstruct free navigation and impede water circulation such
as the flow of tide and from the area.

Article VIII
UTILIZATION, MANAGEMENT, CONSERVATION, PROTECTION, PRESERVATION, REHABILITATION AND
DEVELOPMENT OF
MARINE SANCTUARIES

SECTION 55. Management of Marine Sanctuary. The city government, the people’s organization, the Barangay councils, the
CFARMC and the Bantay Kadagatan Task force shall be responsible for the management, protection,
conservation and development of the marine sanctuary.
Title 1
Establishment of Buntod Marine Sanctuary

SECTION 56. Boundaries of Marine Sanctuary. There shall be a marine sanctuary in the city waters of this city within the
following coordinates:

From Pt. 1 12deg 22’ 30” N latitude, to 123deg 38’ 30” E longitude
To Pt. 2 12deg 22’ 35” N latitude, to 123deg 39’ 08” E longitude
To Pt. 3 12deg 22’ 30” N latitude, to 123deg 39’ 30” E longitude
To Pt. 4 12deg 22’ 13” N latitude, to 123deg 39’ 30” E longitude
To Pt. 5 12deg 21’ 48” N latitude, to 123deg 39’ 04” E longitude
To Pt. 6 12deg 21’ 48” N latitude, to 123deg 38’ 30” E longitude

The CORE ZONE or no extraction zone shall have an area of 51.65 hectares within the Marine
Sanctuary and situated within the following geographic coordinates:

From Pt. 1 12deg 22’ 17.80” N latitude, to 123deg 38’ 47.70” N longitude
To Pt. 2 12deg 22’ 23.10” N latitude, to 123deg 39’ 17.20” N longitude
To Pt. 3 12deg 22’ 01.30” N latitude, to 123deg 39’ 18.00” E longitude
To Pt. 4 12deg 22’ 02.40” N latitude, to 123deg 39’ 48.20” E longitude

Provided, that fishing and other human activities in the CORE ZONE are prohibited: provided
however, the scientific and educational activities shall be allowed in the sanctuary, only if written
permission is obtained from the City Mayor. Provided further, that fishing and other human activities

Page 22 of 43
Ordinance No. 271-21
 outside the core zone or within the BUFFER ZONE of the Marine Sanctuary maybe restricted and are
designated area for mariculture purposes.

SECTION 57. Creation of Buntod Reef Marine Sanctuary and Sandbar Management Board. The Buntod Reef Marine
Sanctuary and Sandbar Management Board is hereby created and shall be composed of the following;

Chairman: City Mayor

Members: City Agriculturist
City Environment and Natural Resource Officer
SP Chairman on Environment
President, Liga ng mga Barangay
SP Chairman on Tourism
SP Chairman on Agriculture and Fisheries
City Planning and Development Coordinator

SECTION 58. Meeting of the Board. The Board shall meet quarterly or as the need arises. If any member cannot attend the
meeting of the Marine Sanctuary and Sandbar Board, he or she may designate a representative.
 
SECTION 59. Functions of the Board. The supervision, management, and administration of the Marine Sanctuary and
Sandbar are hereby placed under the Marine Sanctuary and Sandbar Board. To carry out the mandate of this
Ordinance, the Board shall exercise any and all of the following specific powers and functions:
 
a. Develop plans, policies, and strategies on the Marine Sanctuary and Sandbar
management and implement the same to ensure compliance to environmental laws.
b. Coordinate with other local government units, line agencies, industries, and non-
governmental organizations for the implementation of integrated coastal management
programs to ensure sustainable use of the Buntod Reef Marine Sanctuary and Sandbar;
c. Receive grants and donations and other financial assistance from other funding
institutions/agencies;
d. Submit Annual Report to the City Council on the status of the Marine Sanctuary and
Sandbar, regulation in force and other pertinent information together with
recommendations for future legislations;
e. Ensure maximum participation of the community in eco-tourism and livelihood activities
to improve their living conditions;
f. Recommend policies and guidelines not mentioned in this ordinance subject to the
approval of the Sangguniang Panlungsod.

SECTION 60. Board Secretariat. The Board shall designate a Coastal Resource Management Focal Person who shall serve
as Secretariat to the Board and shall keep records pertaining to Buntod Reef Marine Sanctuary and Sandbar
operations.

SECTION 61. Mangrove Protection and Conservation. The City Government, in coordination with accredited POs in the
Buntod Reef, shall promote the proper management of mangrove areas in the city: Provided  that the City
Government shall develop a program that shall promote and ensure community participation in the
rehabilitation and management of existing mangrove areas.

SECTION 62. Registration for ecotourism providers. Buntod Reef Marine Sanctuary and Sandbar ecotourism service
providers such as, but not limited to dive shop owners, travel operators, resort/hotel owners and
motorized/paddled boat operators shall register with the Office of the Mayor through the City Tourism Office.

SECTION 63. Accreditation Requirements. The ecotourism service providers shall comply with the following requirements for
accreditation:

a. For private establishments, they must have business permit. For non-government
organizations, civic or people’s organizations, their organization must be duly accredited
by the Sangguniang Panlungsod;
b. Undergo seminar/trainings/orientation on Buntod Reef Marine Sanctuary and Sandbar
eco-tourism enterprise;
c. Payment of annual accreditation fee.

SECTION 64. Oversight Functions of City Tourism Officer. The City Tourism Officer shall oversee the eco-tourism related
activities of Buntod Reef Marine Sanctuary and Sandbar. It shall also be responsible for the information,
education and campaign (IEC) pertinent to the regulations on use of the sanctuary.

SECTION 65. Fees and Charges. The fees and charges shall be collected for the activities and use of the facilities in the
Buntod Reef Marine Sanctuary and Buntod Reef Sandbar:
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 Amount
1. User’s Fee
a. Child Php 10.00
b. Adult Php 20.00

2. Maintenance Fee
a. Tourist Recreational Cottage Php300/cottage
Table (big) with 6 chairs Php100.00/table
Table (small) with 2 chairs Php 50.00/table
b. Extra Chairs Php5.00/chair
c. Beach Umbrella with 2 chairs Php100.00/Umbrella

DOMESTIC FOREIGN
d. Snorkeling Php20.00/day Php50.00/day
e. Scuba Diving Php100.00/day Php200.00/day
f. Scuba Diving Php150.00/day Php300.00/day
with camera/video

The maintenance fees on snorkeling and scuba diving shall be charged regardless if the equipment is
owned or rented through the service provider.

3. Mooring Fee Php 50.00/boat

4. Annual Accreditation Fee Php 1,000.00

SECTION 66. User’s Fee - No Ticket, No Entry Policy.  Users of the Marine Sanctuary and Sandbar must purchase the
tickets from accredited service providers and must present the same to the Bantay Dagat before entering the
Marine Sanctuary and Sandbar. The Bantay Dagat shall strictly impose the No Ticket, No Entry Policy.
 
Accredited service providers can purchase the cash tickets in advance from the City Treasurer’s Office.

SECTION 67. Revenue Sharing on the Maintenance and Mooring Fees. Revenues derived from the maintenance and
mooring fees shall be shared in the following manner:

a. Thirty Percent (30%) shall go to the City Government

b. Seventy Percent (70%) shall go to the accredited People’s Organization (PO)

SECTION 68. Collection of Fees. The City Treasurer’s Office shall design a collection scheme for the users and accreditation
fees. For the maintenance and mooring fees, the accredited people’s organization which serves as a co-
manager of the Buntod Reef shall be responsible for the collection of maintenance and mooring fees. The
collection shall be remitted to the revenue collector who will issue an Official Receipt on a weekly basis. The
70% share shall be established in the form of developmental project as proposed by the accredited people’s
organization and approved by the Buntod Reef Marine Sanctuary and Sandbar Management Board.

SECTION 69. Creation of Buntod Reef Marine Sanctuary and Sandbar Management Trust Fund. There shall be a Buntod
Reef Marine Sanctuary and Sandbar Management Trust Fund for the protection, maintenance, and
conservation of the Marine Sanctuary and Sandbar.

All fees, charges, donations, grants, and fines collected from the operations and maintenance of the Buntod
Reef Marine Sanctuary and Sandbar shall form part of the fund.

SECTION 70. Utilization of Funds. The Buntod Reef Marine Sanctuary and Sandbar Management Trust Fund shall be used
to support the implementation of the Buntod Marine Sanctuary and Sandbar Management Plan, including
endeavors that will enhance its implementation. These may include projects and activities on the following:
1. Conservation and protection of the Marine Sanctuary and Sandbar such as but not
limited to biodiversity enhancement, eco-tourism promotion and alternative livelihood
support to fisher folks organization in the area;
2. Rehabilitation or maintenance of cottages and other facilities;
3. Trainings and capability buildings;
4. Other activities relevant to the protection, conservation, and maintenance of Buntod Reef
Marine Sanctuary and Sandbar and its eco-tourism services.

SECTION 71. Prohibited Acts at the Marine Sanctuary. The following activities are hereby prohibited in two different zones of
the Marine Sanctuary;

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Ordinance No. 271-21
 a. Core Zone or No Take Zone (NTZ)
i. All types of fishing activities;
ii. Passing of any type of boat except non-motorized banca (baroto) accredited by the
City Government;
iii. Collection of any item (whether living or non-living) inside the Marine Sanctuary
except for those that may be harmful such as crown-of-thorns (dap-ag) and
garbage/debris;
iv. Boat anchorage;
v. Recreational activities such as swimming and jet skiing; and
vi. Unregistered and unguided snorkeling and scuba diving.

b. Buffer Zone
i. All types of fishing activities except hook and line;
ii. Passing of unregistered motorized boats;
iii. Collection of any item (whether living or non-living) inside the Marine Sanctuary
except for those that may be harmful such as crown-of-thorns (dap-ag); and
garbage/debris
iv. Boat anchorage

SECTION 72. Prohibited Activities at the Buntod Sandbar including the mangrove area. The following activities are strictly
prohibited at the Buntod Sandbar including the mangrove area:

a) Collection of any item (whether living and non-living) except garbage/debris

b) Littering
c) Smoking
d) Cutting of mangroves
e) Disturbance of active bird nesting and breeding
f) Use of motor vehicles
g) Defecating

Private beach resorts and other residential or commercial structures located near the vicinity of the Marine
Sanctuary and Sandbar shall observe proper waste management practices, especially waste disposal, at all
times to avoid garbage/wastes from going to the sea toward the Marine Sanctuary and Sandbar.

SECTION 73. Regulated Activities at the Marine Sanctuary. Subject to the compliance with the requirements, the following
activities may be undertaken in the Marine Sanctuary:
a. Core Zone:
i. Research activities except collection
ii. Scuba-diving of not more than fifteen (15) scuba divers at a time in a day; and
iii. Snorkeling of not more than 30 snorkelers at a time in a day.
b. Buffer Zone
i. Passing of non-motorized boats;
ii. Recreational activities such as swimming, snorkeling and/or scuba diving; and
iii. Research activities except collection

SECTION 74. Regulated Activities at Buntod Sandbar

a) Beach activities such as sports activities and bon fire

b) Influx of beach users
c) Drinking of liquor and intoxicating beverages
These regulated activities within the Marine Sanctuary and Sandbar shall be undertaken after compliance of
the following requirements:

I. For Tourist Related Activities

i. Payment of the necessary fees; and
ii. Registration in the Buntod Reef Marine Sanctuary and Sandbar logbook

II. Educational Tour

i. Submission of letter of intent at least one (1) week before the activity
ii. Payment of the necessary fees; and
iii. Registration in the Buntod Reef Marine Sanctuary and Sandbar logbook

III. For Research Activity/ Government Site Visit

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 i. Submission of letter of intent/request with a clear and concise research proposal to
the Buntod Reef Marine Sanctuary and Sandbar Management Board to be
submitted at least a week before the actual proposed start of research;
ii. Payment of corresponding fees after approval of the management board;
iii. Formal registration in the Marine Sanctuary and Sandbar log book;
iv. Presence of authorized guide every research activity; and
v. Submission of final progress report to the Board prior to completion of the actual
research activity and the final terminal report three (3) months.

SECTION 75. Penalty. Violation of the provisions under Article VIII, item (I) of this Code shall subject the offender to the
following penalties;

a. Violation Section 65 or Section 66 of this Code:

1st Offense – Reprimand
2nd Offense – Php1,000.00
3rd Offense – Php2,000.00

b. Violation of Section 54 or Section 55 of this Code:

1st Offense - Reprimand
2nd Offense - Suspension of Business Permit for 6 months
3rd Offense - Revocation of Business

Title 2
Establishment of Bugsayon Marine Sanctuary

SECTION 76. Boundaries of Bugsayon Marine Sanctuary. There shall be a marine sanctuary in the municipal waters in the
City of Masbate within the following geographic coordinates:

From Pt. 1 – N 120 27’ 11.4” latitude to E 1230 33’ 46.2” longitude
Pt. 2 – N 120 27’ 15.1” latitude to E 1230 33’ 51.9” longitude
Pt. 3 – N 120 27’ 40.7” latitude to E 1230 33’ 32.2” longitude
Pt. 4 – N 120 27’ 37.3” latitude to E 1230 33’ 26.6” longitude

Provided, that fishing and other human activities in the marine sanctuary are prohibited:
provided, further that scientific and educational activities shall be allowed in the sanctuary,
only if written permission is obtained from the City Mayor.

There shall be a BUFFER ZONE outside of the Core Zone and it is located 30 meters from
every core lines.

Provided finally, that fishing and other human activities outside the CORE ZONE or within
the BUFFER ZONE, in the marine sanctuary maybe restricted.

SECTION 77. Management of the Marine Sanctuary. The city government through its Masbate City Marine Sanctuaries
Management Board; headed by the City Mayor, the community-based organization of Barangay B. Titong, the
Barangay Council of Barangay B. Titong, the FARMC, Philippine Coast Guard and its Auxiliary and the Bantay
Karagatan Task Force shall be responsible for the management, protection, conservation and development of
the marine sanctuary.

SECTION 78. Formulation of Sanctuary Management Plan. Within thirty days from the approval of this ordinance, the city
government, the community-based organization of Barangay B. Titong, the Barangay Councils of B. Titong,
the CFRAMC and the Bantay Karagatan Task Force, shall formulate a management plan for the operation of
the sanctuary.

SECTION 79. Registration and Accreditation. Dive-shop owners, tour operators, travel operators and motorized/ paddled-
boat operators who shall use the Bugsayon Marine Sanctuary must register with the Office of the Mayor and
secure the necessary Mayor’s Permit. All tourist/ visitors Assistance Center, to give the following information:
name, age, status, sex, address nationality, occupation, purpose of visit duration of stay and activities, number
of logged dives/ certification level for scuba divers and other required information to guide the community-
based organization on Bugsayon Marine Sanctuary.

SECTION 80. Daily User’s Fee and Mode of Collection.

A.   The fees and charges to be collected from tourist and other users who shall use the sanctuary, shall
be as follows:
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Ordinance No. 271-21
 Visitors Entrance Fee:
Local Tourist Foreign Tourist
a. Adult Php 20.00/person $ 1.00/person
b. Student (Elementary High School) Php 5.00/person $ 1.00/person

1. Additional Charges/Fees:
a. Scuba Diving Php 100.00/person $ 5.00/person
b. Snorkeling Php 50.00/person $ 2.00/person
c. Scuba Divers with still camera Php 200.00/person $ 7.00/person
d. Scuba Divers with video camera Php 300.00/person $ 10.00/person

2. Daily docking/mooring fee for motorized banca:

a. Below 3.0 gross tonnage Php 30.00/boat
b. Above 3.0 GT to 10 GT Php 50.00/boat
c. 10 GT and above Php 100.00/boat

B. Mode of Collection - The users of the sanctuary must present the prescribed ticket/s to the authorized
collector before using the sanctuary. Only users with prescribed tickets which may be secured in
advance at the City / Barangay Treasurer’s Office is allowed to use the marine sanctuary as this is a
“NO TICKET, NO ENTRY” area.

C. Free Entry - The City Mayor has the only authority to allow entry into the sanctuary free of charge to
any government agency or person(s) for purposes beneficial to the sanctuary, provided a written
permit must be obtain from the City Mayor. Said agency/person must furnish the City Government of
its findings, observations and suggestions, if there is any.

SECTION 81. Prohibitions. Prohibitions with sanctions are necessary in order to protect the habitat, growth, nursery of
fishes and other marine life. The following are the prohibited acts:

A. Minor Offenses –
a. Wearing of gloves by any user of the Bugsayon Marine Sanctuary so as to
avoid touching the sanctuary resources;
b. Entry of unregistered and non-accredited owner/operators of motorized boat
within the sanctuary;
c. Entry of all types of boat/vessel within the core of the sanctuary.

B. Major Offenses –
a. Collection or destruction of corals and sea grass and other forms of marine life
within the sanctuary;
b. Boating, wave running or jet skiing within core of the sanctuary;
c. Any human activity such as swimming, waste disposal at the core zone of the
sanctuary not authorized by this ordinance, management and city government;
d. Dropping of anchor inside the Marine Sanctuary.

SECTION 82. Revenue Sharing. Revenues generated from the fees and charges after deducting all expenses shall be
shared by the Barangay and the City Government in the following manner:

1. Fifty percent (50%) to the fund of the City Government;

2. Fifty percent (50%) to the fund of the Barangay; and
3. Fifty percent (50%) of Barangay’s share shall go to the recognized community-
based Organization of the Bugsayon Marine Sanctuary Management of
Barangay B. Titon..

SECTION 83. Management Body of the Bugsayon Marine Sanctuary. The City Mayor shall have full control and supervision
in the planning, administration and management of the Bugsayon Marine Sanctuary; thus, a special
management body is hereby created and shall be composed of a Project Director, Business Development
Officer, Community Relations Officers and duly assisted by a Secretariat. It is highly recommended that the
Project Director and Community Relations Officers shall be residents of Barangay B. Titong, City of Masbate.

An Advisory Group, whose primary purpose is to provide technical inputs and other advices for the
management of the sanctuary, is likewise hereby created. It shall be composed of the following:

1. Local Government Unit Representatives – Barangay and City

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Ordinance No. 271-21
 2. Department of Agriculture-Bureau of Fisheries and Aquatic Resources
Representatives
3. City Tourism Council Representatives
4. Resort Owners Representatives
5. Pump boat Owners Representatives
6. Dive Shop Owners Representatives
7. Masbate Divers Club
8. B. Titong Fisher folks Association
9. B. Titong Multi-Purpose Cooperative
10. City Fishery and Agricultural Resources Management Council Chairman
11. Barangay Fishery and Agricultural Resources Management Council Chairman – B.
Titong
12. Chief of Police, City of Masbate Police Station
13. Station Chief, Philippine National Police Maritime Group
14. Philippine Coast Guard
15. Philippine Coast Guard Auxiliary
16. Chief Bantay Dagat Task Force

SECTION 84. Penalty. Any violation of Section 73 of this Code shall subject the offender to the following fines and penalties:

A. Minor Offenses:
1st Offense - Warning
2nd Offense - Fine of Five Hundred Pesos
3rd Offense - Community service for Environmental Protection for two
days within Barangay B. Titong;
B. Major Offenses:
1st Offense - Fine of Five Hundred Pesos
2nd Offense - Fine of One Thousand Pesos
3rd Offense - Community service for Environmental Protection for one
(1) week within Barangay B. Titong;

Provided, That fishing and other human activities are prohibited in the marine sanctuary: Provided, however,
That scientific and educational activities shall be allowed inside the marine sanctuary for monitoring and other
related purposes, only written permission was obtained from the City Government: Provided, further, That the
City Government, in consultation with the CFARMC and other concerned organizations, shall formulate
management plans in the operation of the marine sanctuaries.

Article IX
MANGROVE MANAGEMENT, PROTECTION, CONSERVATION, PRESERVATION AND DEVELOPMENT

SECTION 85. Mangrove Protection and Conservation. The City Government, in coordination with the Department of
Environment of Natural Resources, the CFARMC and other concerned organization, shall manage the Pawa
Mangrove Park at Brgy. Pawa, City of Masbate, and the Mangrovetum Park at Brgy. Ibingay, City of Masbate.

The City Government, in coordination with the DENR shall develop programs that promote and ensure
community participation in the rehabilitation and management of existing mangrove areas.

SECTION 86. PROHIBITED ACTS. To regulate and penalize all locals or tourists entering the Mangrovetum, including the
Masbate Coastal Resource Management Interpretive Center (CRMIC), the following are the prohibited acts
within the Mangrovetum Park:

a. Non-payment of environment user's fee as defined in this ordinance:

b. Smoking:
c, Improper disposal of waste products or materials and/or left over foods:
d, Unauthorized burning and leaving it unattended;
e. Mutilating, defacing, or destroying any objects within the Magrovetum's premises:
f. Taking as souvenir any plant and animal life or other object endemic/indigenous to the
area;
g. Drinking of intoxicating liquors
h. Collecting of any harmful item {whether living or non-living) inside the Mangrovetum: and
i. All pets are not allowed,

SECTION 87. ENVIRONMENT USER'S FEES. The Environmental User's Fee shall be collected for the use and enjoyment
of the facilities in the Mangrovetum, including CRMIC, below is the schedule of fees:
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Ordinance No. 271-21
 ENTRANCE FEE AMOUNT
a. Child Php10.00
b. Adult Php15.00
c. Tourist Php30.00

SECTION 88. PENALTIES. The following fines and penalties shall be imposed for violators of Section 5 of this Ordinance:

1st Offense - a fine of Php 500,00

2nd Offense - a fine of Php 1,000.00,
3rd Offense - a fine of P 2,000.00 and imprisonment of not more than six (6) months, or
at tire discretion of the court,

SECTION 89. EXEMPTIONS. The following persons shall be exempted from Environmental User’s Fees:

a. Senior Citizens
b. Persons with Disability and Sickly-persons
c. Children below three (3) feet in height

Article X
ESTABLISHMENT OF MASBATE COASTAL RESOURCE MANAGEMENT (CRM) INTERPRETIVE CENTER

SECTION 90. Functions of CRM under the City Agriculturist’s Office. The CRM shall attend to the needs on coastal
resources management of the city. The CRM section shall be headed by the City Agriculturist to be assisted by
the CRM Officer.

SECTION 91. Establishment of the Masbate Coastal Resource Management Interpretive Center. There is hereby established
a Masbate Coastal Resource Management Interpretive Center under the Office of the Mayor, which will
oversee the implementation of the city’s coastal resource management interpretive program, coordinate
information, education and communication and outreach activities related to Coastal Resource Management,
and operate study tours focused on increasing people’s understanding of and involvement in Coastal
Resource Management. The Masbate Coastal Resource Management Interpretive Center shall be housed in
the old Municipal Hall building within the Masbate City Hall compound.

SECTION 92. Establishment of the Masbate Coastal Resource Management Interpretive Center Trust Fund. The Center is
intended to be a revenue-generating, service-oriented office, with revenues coming mainly from entrance fees,
tour fees and proceeds from the sale of tickets to special events it shall organize. To increase the Center’s
efficiency in performing its mandate, the Office of the Mayor shall set up a Masbate Coastal Resource
Management Interpretive Center Trust Fund into which proceeds from entrance fees, tour fees, sale of tickets
to special events and other activities organized by the Center, grants, donations, and other revenues
generated by the Center shall be deposited. The Center shall have the authority to use such funds for its
operations, subject to pertinent rules and regulations of the Commission on Audit and the City Government.
SECTION 93. Staffing. There shall be created one (1) position of Masbate Coastal Resource Management Interpretive
Center Director, one (1) position of Assistant Director, and two (2) positions of Interpretive Center Officers. The
City Mayor shall appoint to these positions qualified City Government personnel on a concurrent basis until
such time that these positions and the budget thereof are approved by the appropriate national government
agency/ies. If there are no personnel in the City Government’s roster qualified or interested to hold these
positions, the City Mayor shall contract the services of qualified individuals from other government agencies or
the private sector.
SECTION 94. Jurisdiction of the Masbate Coastal Resource Management Interpretive Center. The Center shall have
jurisdiction and authority over the CRM interpretive program of the city, including on-site interpretive programs
in places such as nature centers, museums, zoology parks and botanical gardens that the City Government
shall set up.
SECTION 95. Powers and functions of the Masbate Coastal Resource Management Interpretive Center. The Center, as the
lead implementing and coordinating office for the City Coastal Resource Management interpretive program,
shall:
a. Formulate and implement a strategies and operational plan containing programs,
strategies, activities and policy guidelines needed to pursue an effective interpretive
and information education and communication program on Coastal Resource
Management;
b. Maintain itself as the City’s primary information center to serve as a venue for
showcasing excellence in Coastal Resource Management practices in the City as
well as the entire Province of Masbate;
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Ordinance No. 271-21
 c. In coordination with the Technical Working Group, maintain and update Coastal
Resource Management database for planning, monitoring and evaluation purposes;
d. Conduct, in coordination with the Provincial Coastal Resource Management Core
Group and City Technical Working Group, regular inventory, research, and
documentation of best practices in the Province of Masbate;
e. Operate study tours of Coastal Resource Management destinations in the Province
of Masbate;
f. Establish linkage with local and international organizations for purposes of fund-
sourcing, network building, research, and education;
g. Plan and organize events to drum up public interest and involvement in Coastal
Resource Management;
h. Charge entrance fees and other legally allowable fees for the use of its facilities, and
generate revenues from the special events it organizes;
i. Formulate its own schedule of fees based on prescribed rules and users’
willingness-to-pay;
j. Evaluate on a yearly basis the effectiveness of its interpretive program and
strategies;
k. Promote and market its program, events, activities and other interpretive products it
shall develop;
l. Maintain the Masbate Coastal Resource Management Interpretive Center Trust
Fund, and submit a quarterly financial report detailing proceeds from its operations;
m. Perform such other functions that are necessary in the implementation of this
Ordinance as may be delegated by the Mayor or the Sangguniang Panlungsod.

SECTION 96. Center Director. The Masbate Coastal Resource Management Interpretive Center shall be headed by the
Interpretive Center Director who shall be appointed by the Mayor. No person shall be appointed as Interpretive
Center Director unless he is a Filipino citizen, a resident of the Province of Masbate, of good moral character,
a holder of a relevant Masters or Bachelors degree preferably in communication, education or social sciences,
and a first-grade civil service eligible or its equivalent.

The Masbate Coastal Resource Management Interpretive Center Director shall receive a minimum
compensation corresponding to salary grade equivalent to a department head as prescribed in Republic Act
6758.

The Director shall report directly to the Office of the Mayor.

SECTION 97. Coordination Mechanisms. The Center, through its Director, shall hold permanent membership in the Masbate
City Coastal Resource Management Technical Working Group created through Executive Order 13, Series of
2001. The group shall provide the Center with technical guidance and information for purposes of developing
information education communication materials and updating, improving and planning the Center’s interpretive
program and activities. The Center Director shall meet with the technical working group and the City Fisheries
and Aquatic Resources Management Council at least once every quarter to determine their information
education communication needs.

SECTION 98. Strategic Plan. The Center, through its Director, is hereby directed to formulate a five year strategic plan
detailing specific strategies and programs it shall undertake and its budget requirements for 2004-2008. The
Center shall also submit for budgetary purposes an action plan and proposed budget for 2004.

SECTION 99. Appropriation. For its first year of operation in 2004, Funds shall be appropriated to the Masbate Coastal
Resource Management Interpretive Center from the 20% Economic Development Fund of the City to finance
the following activities:
1. Maintenance of existing exhibits.
2. Installation of new exhibits as may be appropriate.
3. Special social marketing and social mobilization events designed to increase public
awareness of Coastal Resource Management issues and solutions.
4. Establishment of on-site interpretive centers in the City’s showcase Coastal
Resource Management sites, such as the Buntod Reef Sanctuary or in mangrove
management areas.
5. Promotion, marketing and operation of the Masbate Coastal Resource Management
Showcase study tour.

For subsequent years, funds shall be appropriated to the Masbate Coastal Resource Management Interpretive
Center proportionate to its budgetary and programmatic requirements. Such funds shall be augmented by
proceeds from the Center’s own operation, which shall be deposited in the Masbate Coastal Resource
Management Interpretive Center Trust Fund.
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Ordinance No. 271-21
 Article XI
MARICULTURE DEVELOPMENT

SECTION 100. Promotion of Mariculture. The City shall consider coastal aquaculture as a means to promote diversification of
income and preservation and conservation of coastal and fisheries resources: Provided, That the city shall
ensure that resources are used responsibly and adverse impacts on the environment and on local
communities are minimized: Provided, however, That coastal aquaculture development waters: Provided,
further, That the city government shall ensure that the livelihood of the City of the People and their access to
fishing grounds are not adversely affected: Provided, furthermore, That the city government shall establish
effective procedures to undertake appropriate environmental assessment, monitoring and mitigation with the
aim of minimizing adverse ecological changes and related economic and social consequences resulting from
water extraction, discharge of effluents, use of chemicals, and other aquaculture activities.

SECTION 101. Delienation of Boundaries. The Maricuture Park is hereby set aside between and among Barangay
Kinamaligan, Maingaran, Pawa, Batuhan, and Bantigue with detailed coordinates formed by the following
Technical Descriptions:

BOUNDARY COORDINATE
POINT DISTANCE
LATITUDE LONGITUDE
1 N 12˚ 21’ 28.8” E 123˚ 35’ 45.7” Point 1 to Point 2 = 1027.976539
2 N 12˚ 21’ 51.2” E 123˚ 35’ 20.5” Point 2 to Point 3 = 1751.3135
3 N 12˚ 22’ 36.55” E 123˚ 35’ 55.34” Point 3 to Point 4 = 777.2613596
4 N 12˚ 21’ 24.56” E 123˚ 36’ 17.99” Point 4 to Point 5 = 949.7115522
5 N 12˚ 21’ 54.1” E 123˚ 36’ 13.7” Point 5 to Point 1 = 1150.77997

Provided, that nothing in this section shall be interpreted to justify the construction of structures that pose
obstruction to navigation, the flow and ebb of tides, or the migration paths of fish and other aquatic organism.
Provided, further that the Sangguniang Panlungsod may, by appropriate ordinance and upon recommendation
of and consultation with the FARMC, establish additional Mariculture Zone. No license shall be interpreted to
justify any form of fishing activity within the designated Mariculture Zone.

SECTION 102. Total Area. The total area of City of Masbate Mariculture Park is 200.78213 hectares including the
navigational lane that may be establish.

SECTION 103. Uses. The City’s Mariculture Park shall be delineated into various fishery commodities for small, medium and
large scale mariculture operation like fish cages, fish pens, corral traps and similar structures.

SECTION 104. Creation and Composition of the City of Masbate Mariculture Park Executive Management Council (EMC).
Management Council shall be created in the City of Masbate with the following composition:

City Mayor - Chairman

BFAR Provincial Director - Vice Chairman
Members: City Agriculturist
SP Chairman on Agriculture and Fisheries
City Planning and Development Coordinator
City Economic Enterprise Manager
Brgy. Chairman of Concerned Barangays
Representative from DENR
Representative from the City FARMC
BFAR Technical Staff
Representative from the Mariculture Park
Investors
Office of the City Agriculturist and the BFAR
shall serve as the Secretariat

SECTION 105. Functions and Responsibilities of the Executive Management Council. The following are the functions of EMC:

1. Provide the general directions, set appropriate policies and standard operating
procedures;
2. Assumes the general functions of planning, directing/ implementing, evaluation,
monitoring, and approval for execution of the Mariculture Park Management Plan;
3. Approved plans, budget, and other permits associated with the conduct of mariculture
and other ancillary industries of the Mariculture Park; and A
4. Approve disbursement of funds from the operation of the Mariculture Park.

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Ordinance No. 271-21
SECTION 106. Meeting of the Executive Management Council.The EMC shall meet quarterly or as the need arises. If any
member cannot attend the meeting of the Executive Management Council, he or she may designate a
representative.

The Chairperson shall preside all meetings, sign, approved resolutions and official communications of EMC.

SECTION 107. EMC Secretariat. The Office of the City Agriculturist shall serve as Secretariat to the EMC and keep records
pertaining to Mariculture Park operations in the City of Masbate.

SECTION 108. Fish Culture. The species allowed to be grown in the Mariculture Park fish cages are only those with
commercial value but not limited to: bangus, tilapia, siganids, red/green/tiger/panther groupers (lapulapu),
pomfrey (pompano), sergeant fish (cobia), sea bass (apahap), red snapper (mangangat), caranx (talakitok)
and other high value fish.

SECTION 109. Security Management. Security in the Mariculture Park shall be established in order to protect the established
farm inside, to secure the fish cages and other commodities from poaching and shall be operational twenty-
four (24) hours a day. Likewise, a security of investment such as insurance to aquaculture should be created
to prevent losses in capitalization of investor from natural and man-made calamity.

SECTION 110. Qualification of Applicants. Any person, firm, association or business organization legally qualified thereof may
apply for registration as a locator within the Mariculture Park of the City of Masbate.

SECTION 111. Forms. All Application forms shall be secured at the City Agriculture Office and shall be accomplished in three
(3) copies.

SECTION 112. Supporting Documents. The applicant for the Mariculture Park Investor shall submit the following documents:
a. Operational Plan;
b. List of machinery and equipment to be used by the applicant with the statement of their
capacity, ownership and/or mode of payment;
c. Copies of Articles of Incorporation and By-Laws, if applicable;
d. Resolution of applicant’s Board of Directors authorizing the filing of application; list of
each Directors, principal officers and major stockholders including their biodata, if
applicable;;
e. Company brochures and/or photographs of product, if any; and
f. Other supporting documents, papers, clearances as may be required by the EMC
depending upon the nature of the business and the type of business organization of the
applicant.

SECTION 113. Filing of Application. The application shall be filed with the EMC upon payment of the corresponding filling fees
as provided under this Code.

SECTION 114. Approval of Application. The application shall be approved by the EMC and shall be communicated in writing
to the applicant within five (5) working days from the receipt of the application.

SECTION 115. Certificate of Lease. The Certificate of Lease shall be issued only upon the execution of the Lease Agreement
by the EMC provided that the applicant:

a. Complied with all the pre-registration requirement set forth in this Ordinance;
b. Submitted within twenty (20) calendar days from the receipt of the Notice of Approval of
the application, a formal acceptance in writing of the proposed terms and conditions of
registration for a good cause shown. The period submission may be extended provided,
the request thereof is filed before the expiration of 20 days upon receipt of the Notice of
Approval;
c. Paid the registration fee;
In appropriate cases as maybe determined by the EMC, the Mariculture Zone
Management or duly authorized officers of the EMC shall be empowered to issue
business permits and licenses to Mariculture Zone locators in lieu of the certificate of
registration after the proper evaluation of their application in accordance with the set of
criteria as herein provided.

SECTION 116. Approval of Mariculture Related Activities. No fish cage structures, building, facility and electro- mechanical
equipment shall be constructed and installed including improvements on this Mariculture Park without prior
written approval or permit from the EMC.
Upon completion of the fish cages, building, structure, facility and installation of electro-mechanical equipment,
permanently or temporarily, the Mariculture Park Investors shall secure an Occupancy Permit for the building
Page 32 of 43
Ordinance No. 271-21
 and/or Permit to operate such facility from the City Government of Masbate and and shall pay the
corresponding fees.

SECTION 117. Construction Requirements. All Mariculture Park Investors intending to construct his own building or other
structures, facilities or utilities within the Mariculture Park shall, before proceeding with the work, submit to the
EMC all the following documentary requirements within forty-five (45) days from the date of its registration:
a. Duly accomplished application form to be submitted to the Office of the EMC;
b. Duly notarized copy of the Contract of Lease or other pertinent contracts;
c. Certificate of Registration with the EMC or business permit or license issued by the City
Government of Masbate;
d. Three (3) sets of plan specifications and bill of quantities; and
e. Logbook and standard drawing sets

SECTION 118. Imposition of Fees and Charges. The Executive Management Council (EMC) through the City Treasurer’s
Office shall collect fees and charges for services rendered in connection with the processing and issuance of
the permits required under this Ordinance and performance of other regulatory functions.
There shall be fees and charges to be collected by the City Treasurer’s Office through the City Economic
Enterprise from the operations of City of Masbate Mariculture Park.

a. Cages - A monthly fees for installed cages shall be paid as follows:

Investor Size of Cage Amount

RUBY M. SANCHEZ-MORANO
City Vice Mayor/Presiding Officer

Small Player Investors 10m x 10m Php300.00

Big Investors 10m x 10m Php1,000.00

The minimum area to be leased is 10x10m or 100 square meter per investor at a rate herein
provided. However, in excess of 100 square meter, a rate of Five Pesos (Php5.00) and Twelve
Pesos (Php12.00) per square meter respectively shall be collected for every small player and
mariculture park investors.
b. Fish Pens – An annual fee of Twenty Thousand Pesos (Php 20,000.00) per hectare, and a
monthly fee of One Thousand Two Hundred Pesos (Php 1,200.00) per fish pen regardless of size,
shall be paid.
c. Usage Fee of Municipal Water for Oyster Culture/ Sea Weeds - An Annual Fee for the usage of
Municipal Water for Oyster Culture/ Sea Weeds shall be paid as follows:

SECTION 119. Conduct of Inspection. Completed fish cages, building, structure, facility, utility, and newly installed electro-
mechanical equipment and machinery shall be inspected by the EMC to determine whether it has complied
with the approved specification and plan lay-out.

After compliance with approved specification, plant lay-out and anti-pollution requirement, the Occupancy
Permit and/or Permit to Operate shall be issued after payment of corresponding fees prior to start of operation.

If the safety and anti-pollution requirements have not yet been met or that there have been deviations from the
approved plans and plant lay-out, the EMC may withhold the grant of the Occupancy Permit or the Permit to
Operate until necessary adjustments shall have been made within a reasonable period as determined by the
EMC.

SECTION 120. Creation of Trust Fund. There shall be a City of Masbate Mariculture Park Trust Fund for the maintenance of
the Mariculture Park and for the protection, and conservation of the coastal and marine resources of the City
of Masbate.

All fees, charges, donations, grants and fines collected from the operations and maintenance of the City of
Masbate Mariculture Park shall form part of the fund.

SECTION 121. Utilization of

Funds. Investor Area Amount The
City of Small Player 1 Hectare Php5,000.00
Masbate Investors 1 Hectare Php10,000.00
Mariculture Park Trust Fund shall be used to support the implementation of the City of Masbate Mariculture
Park Managament Plan, including endeavors that will enhance its implementation, such as projects and
activities relating to:

Page 33 of 43
Ordinance No. 271-21
 a. Conservation and protection of Coastal Resources of City of Masbate such as not limited to
biodiversity enhancement, ecotourism promotion and alternative livelihood support to fisherfolk
organization in the City of Masbate;
b. Rehabilitation and maintenance of the Mariculture Park;
c. Trainings and capability buildings to fishers; and
d. Other activities relevant to the protection, conservation, and maintenance of Coastal Resources of
the City of Masbate.

SECTION 122. Criteria on granting of culture areas - The following are the criteria in tgranting culture areas for Mariculture
Park:

a) Locally registered fisherfolk residing and business operating within the City of Masbate.
b) Fishers displaced from their usual fishing practice due to restrictions on type of fishing
gear allowable within the municipal waters.
c) All other municipal fishers operating within the area who may want to shift to
Mariculture.
d) Entrepreneurs engaged in the fisheries industry and agricultural sector.
e) Filipino owned companies operating within the province or region engaged in fishing
and food productions.
f) All other Filipino owned companies in the Philippines.
g) Foreign national or companies duly authorize to engage in natural resources
development.
h) All other small player who would like to engage in mariculture.

SECTION 123. Conditions on the Lease of Mariculture Sea water area and Buildings. Sea water area and Buildings
established within the Mariculture Park shall be leased only to Mariculture Park Investors authorized and
approved by the EMC and controlled by the City Government of Masbate under such terms and conditions as
the EMC may formulate.

As to lease of seawater and lease of lands, Mariculture Park Investors wholly rented or controlled, the
following limitations and conditions shall apply:

a. The lease period shall not exceed five (5) years and renewable on a yearly basis under
certain conditions set forth under this Ordinance.
b. The area leased shall be used exclusively for the purpose of investment as approved by
the EMC and other government agencies if applicable.

In case the leased premises or any part thereof is used for any other purposes different
from that as approved or not related thereof or connected herewith, without the prior
written approval by the EMC, the lease may be considered terminated and/or cancelled
by the EMC and shall be subjected to the penalties provided for under Section 7 or
Republic Act 7652.

c. The leased premises shall comprise only such area as may reasonably be required for
the project contemplated in the investments. Additional areas for future or intended
expansion may also be leased upon satisfactory showing of the viability of the proposed
expansion and payment of fees for the seawater within the period a may be determined
by the EMC.

SECTION 124. Grounds for the Cancellation of Lease. A Certificate of Lease referred to under Section 114 of this Code may
be cancelled upon the recommendation by the EMC based on the following grounds:

a) Violation of any provision of the Lease Agreement;

b) The project is not initiated within the period specified in the agreement; and
c) None operation for six months (6) from the date of the issuance of the agreement.

Extension of the period within which to initiate the project may be granted upon justifiable grounds.

SECTION 125. Issuance of Temporary Permit to Operate. If the deficiencies noted during the inspection do not endanger life
and property, a temporary permit to start operation may be granted provided that the EMC furnish Mariculture
Park Investor with a detailed listing of the improvements required and shall set a deadline for the Mariculture
Park Investor to carry out such improvement:

Provided, the MariculturePark Investor shall report to the EMC within the prescribed deadline the results of
adjustment. The EMC shall re-inspect the plant for final approval within seven (7) working days upon receipt of
the report of the investor.
Page 34 of 43
Ordinance No. 271-21
SECTION 126. Good Occupational and Aquaculture Practices. All mariculture park investors shall practice the following good
occupational and aquaculture practices with environmentally-sound design operation for the sustainable
fishery production and to prevent or minimize the risk associated with mariculture production:

a) Mariculture park should be used for aquaculture purposes only. Installation of proper
segregating device, aquaculture layout and design showing the different structures of
the mariculture park, and to prevent cross contamination, sustainable aquaculture
farming practices, and code of good aqua cultural practices shall be promoted and shall
be strictly enforce under this ordinance.
b) Cages and surroundings shall be maintained in a clean and hygienic condition. Proper
waste disposal shall be observed.
c) Water supply should be properly managed.
d) Proper hygienic practices in feeding should be observed to avoid contamination by
microorganism.
e) Investors should maintain an area suitable for keeping sick or dead fishes until such
time that proper disposal is possible.
f) To control the spread of disease, measures for the notification and control of disease of
aquatic animal origin should be impounded. The farm should have a plan for the safe
removal of sick and dead fishes and eggs. Logbooks should be kept for purposes of
recording on the occurrences of disease.
g) Harvesting equipment and paraphernalia should be sanitized, based on the forms
approved protocol on cleaning/sanitizing harvesting equipment.
h) Transport cultured products should be made using clean boxes, containers and the
like.
i) Every farm shall maintain screen and barriers for purposes of ensuring safety of the
cultured species..
j) Avoid the use of lethal methods in eradicating non-fish predators, especially those
classified as vulnerable by the International Union for Conservation of Nature and
Natural Resources (IUCN).
k) The introduction of exotic and Genetically Modified Organisms (GMOs) shall be made
after a sound ecological, biological and environmental justification based on scientific
studies and subject to the bio-safety standard as provided for by existing laws and
regulations.

SECTION 127. Periodic Inspection. The EMC, thru its representatives, shall conduct specific periodic inspection of fish cages,
building facilities or structure within the Mariculture Park to check on the state of environment, aquaculture
practices, health, medical, occupational, sanitary and safety standards of the buildings structures and the
general conditions and maintenance of the farm. The Mariculture Zone Investors shall correct any deficiency
or violations of pertinent regulations noted in such inspection within a reasonable period of time to be
determined by the EMC.

SECTION 128. Waste Management. City Ordinance No. 265-2020, otherwise known as, The Revised City of Masbate
Integrated Ecological Solid Waste Management Ordinance of 2020, shall be strictly enforced for purposes of
this Ordinance.

SECTION 129. Incentive Scheme. Mariculture Park Investor shall be given a special privilege and incentives for advance
payments for the installed cages and fish pen, as follows:

a) For advance payment of one (1) year. a twenty percent (20%) discount of the total
amount to be paid within the current year until December 31 shall be given.
b) For advance payment of one (1) to six (6) months a ten percent (10%) discount of the
total amount to be paid within a current year until July or within the ensuring year until
January 31 shall be given.

SECTION 130. Penalties. The following are the penalties for violations of Article XII, Section 125 of this Code:

1st Offence – Reprimand and Community Service of 8 hours

2nd Offence – 3, 000.00
3rd Offence – 5, 000.00 and cancellation of permit

SECTION 131. Implementing Office. The Office of the City Agriculture and City Economic Enterprise Office shall take the lead
on the implementation of this Ordinance.

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Ordinance No. 271-21
SECTION 132. Size and Distance Between Fish Cages. No maximum size of fish cage shall be thirty-six (36) square meters
per module. Fish cages can be clustered, but the distance between clusters should not be more than twenty
(20) meters: Provided, That each cluster should not be more than eight (8) modules.

SECTION 133. Distance from the Shoreline. No fish cage shall be constructed within fifty (50) meters from the lowest tide
mark: Provided, however, That no fish cage shall also be constructed in designated navigation route: Provided,
further, That no fish cage shall be constructed in front of any wharf.

SECTION 134. Stocking Density. An ecologically and economically optimum stocking density for fish cage operation should be
observed.

SECTION 135. Funds for Coastal Resources Management. The City Government shall allocate trust fund account which all
revenues derived from the utilization and exploitation of the municipal waters to coastal resources
management activities such as, but not limited, to law enforcement, livelihood program for fishers, research,
training and education. Incentives scheme to be awarded orgiven to our deputized bantaydagat at the event
she/he apprehended coastal and fisheries illegal activities and issuance of the ordinance violation notice. A
twenty percent 20% cash incentive out of the total amount penalties to be given to a deputized bantaydagatfor
its effort in protecting our coastal resources. This amount will be given in a monthly basis scheme through the
office of the City Treasury assisted by the CFARMC.

Article XII
POST-HARVEST FACILITIES, ACTIVITIES, TRADES, FISHERY PRODUCTS, FISH PORTS AND FISH LANDING
OPERATIONS

SECTION 136. Establishment of Post-Harvest Facilities. The city government shall coordinate with the private sector and
other concerned agencies and FARMC in the establish of post-harvest such as, but not limited to, municipal
fish landing sites, fish ports, ice plant and cold storage and other fish processing establishment to serve
primarily the needs of the municipal fishers.

SECTION 137. City Fish Port Construction and Development. For the purpose of effective operation of the Community Fish
Landing Center (CFLC), the following shall be strictly observed;
a) All fish or other aquatic product must be inspected and/or examined at the CFLC before being sold or
offered for sale at the Masbate City Public Market including flea market within the City of Masbate;
b) Unless otherwise provided in this ordinance, all fish dealers/commercial fishermen and fishing boats must
unload their fish catch or any other aquatic products/cargoes exclusively at the CFLC; and
c) The CFLC operation shall be on a twenty four (24) hour basis.

There shall be fees and charges to be collected from the operations of fishing boats landing at the CFLC per
City Ordinance No. 215-18, or the Ordinance establishing the operation of the Community Fish Landing Center
(CLFC) at Brgy. Pating, City of Masbate.

SECTION 138. Fish Ports. The City Government has its own fish port where all fishing vessels shall dock and unload their
catch, and be inspected by duly authorized fish wardens and for assessment of auxiliary invoices and other
prescribed fees, before being sold, packed or transported to their destination; Provided, that fish
dealers/traders making use of the city as transshipment point shall unload their cargoes on said fish ports for
same purposes before being transported by water or by air.

SECTION 139. Exportation and Importation of Fish and Fishery Products. Export of fish and fishery products shall be
regulated whenever such exportation affects the food security and production: Provided, That exportation of
live fish shall be prohibited excepts those which are hatched or propagated in accredited hatcheries and
ponds: Provided, however, That to protect and maintain the local biodiversity or ensure the sufficiency of
supply, spawners, breeders, eggs and fry of bangus, prawn and other endemic species, as may be determined
by the Department, shall not be exported or caused to be exported by any person: Provided, further, That no
person shall import fish and fish products of whatever size, stage or form, for any purpose without securing the
necessary permit.

SECTION 140. Issuance of Auxiliary Invoice. All fish and fisheries products, except those caught in violation of the provisions
of this ordinance or are declared as health hazards by concerned institutions, must have an auxiliary invoice to
be issued by the City Agriculturist or Fisheries Coordinator prior to their transport from the point of origin to
their point of destination in the Philippines and/or export purposes upon payment of the prescribed fee to
defray administrative costs thereof.

Fees for fish Transport. In accordance with Section 15 of RA 8550 as amended by RA 10654, the issuance of
an Auxiliary Invoice to transport fish and fishery products, shall be granted after an official inspection by
deputized fishery warden and upon payment of fees and charges therefore at the rates fixed hereunder.
Page 36 of 43
Ordinance No. 271-21
 Item/s Fee per Set Kg. Wt.
Preserved fish (iced, frozen, salted, dried, smoked, Php15.00 per box/ bayong
patis, bagoong, etc.) Regular Box Php15.00
Large Box Php 15.00
Trocha shell, smooth Php15.00 per box (Php22.00 per 50kls)
Trocha shell, rough (male) Php15.00 per 50 kg
Trocha shell, rough (female) Php15.00 per 50 kg
Green snail Shell Php15.00 per 50 kg
Kapis shell (not less than 80 mm) Php15.00 per 50 kg
Sea cucumber/balatan Php15.00 per 50 kg
Dried Squid Php15.00 per 50 kg
Dried seaweeds (Euchema) Php15.00 per ton
Tanned skins Php15.00 per 50 kg
Bangus fry or fry of other species` Php15.00/pot for every 3,000/fry
All other marine products (not listed in cites) Php15.00 per 10 kg
Auxiliary Invoice Fee Php22.00

Provided, that shippers/dealers who have paid auxiliary invoices in another city, certificate by production of
said auxiliary invoices, shall not be required to pay the same in the city but shall pay the difference. Provided
further, that cargoes containing fish and fish products shall be inspected by BantayDagat personnel or other
deputized fishery wardens at the fish parts before transportation to their final points of destination by water or
by air.

SECTION 141. Fees for Fish Transport. In accordance with Section 4 P.D. 704, the issuance of an Auxiliary Invoice to ransport
fish and fishery products, shall be granted after an official inspection by deputized fishery wardens and upon
payment of fees and charges therefore at the rates fixed hereunder:

Item No. Fee per Set Kg. Wt.

(a) Preserved fish (iced, frozen, salted, dried, smoked, patis,
bagoong, etc.) 15 per ton
(b) Trocha shell, smooth 15 per 50 kg
(c) Trocha shell, rough (male) 15 per 50 kg
(d) Trocha shell, rough (female) 15 per 50 kg
(e) Green snail shell 15 per 50 kg
(f) Kapis shell (not less than 80 mm) 15 per 50 kg
(g) Other shells 15 per 50 kg
(h) Sea cucumber/balatan 15 per 50 kg
(i) Dried Star Fish 15 per 50 kg
(j) Dried squid 15 per 50 kg
(k) Dried seaweeds (Euchema) 15 per ton
(l) Dried seahorse 15 per 25 kg
(m) Dried sharksfin 15 per 25 kg
(n) Salted skin of sea snakes 15 per 25 kg
(o) Sponge 15 per kg
(p) Tanned skins 15 per kg
(q) Salted skins 15 per kg
(r) Tanned skin of sea snakes and sea reptiles 15 per kg
(s) Bangus fry or fry of other species 15/pot for every 3,000/fry
(t) All other unclassified marine products 15 per 10 kg

Provided, that shippers/dealers who have paid auxiliary invoices in another municipality, certifiable by
production of said auxiliary invoices, shall not be required to pay the same in the city but shall pay the
difference , Provided, further, that cargoes containing fish and fish products shall be inspected by Bantay
Dagat personnel or other deputized fishery wardens at the fish ports before transporting to their final points of
destination by water or by air.

SECTION 142. Support to Municipal Fishers. The city government, in coordination with other agencies and institutions
concerned, shall provide support to municipal fishers and their organizations through appropriate technology
and research, credit, production and marketing assistance and other services such as, but not limited to
training for additional or supplementary livelihood.

Article XIII
FISHERIES AND AQUATIC RESOURCES MANAGEMENT COUNCIL (FARMC)

Page 37 of 43
Ordinance No. 271-21
SECTION 143. Creation of City FARMC. Pursuant to Section 73 of the Philippine Fisheries Code of 1998 as amended by RA
10654, CFARMC shall be established in this city subject to City Ordinance No. 025-2002, or An Ordinance
regulating the fishing industries and/or fisheries in the City Of Masbate.

SECTION 144. Fisheries and Aquatic Resources Management Councils (FARMC’s). Pursuant to Executive Order No. 240,
Fisheries and Aquatic Resource Management Councils (FARMC’s) shall be created in all barangays called the
BFARMC and by the City of Masbate called the CFARMC.

(a) The regular members of the CFARMC shall be:

(1) Chairperson of the Sangguniang Panlungsod, Committee on Fisheries and

Agriculture;
(2) City Planning and Development Officer;
(3) City Agriculturist;
(4) City Environment and Natural Resources Management Officer;
(5) Representative from an accredited non-government organization based in
the city;
(6) Representative from the Department of Agriculture;
(7) Representative from the private sectors;
(8) At least ten (11) representatives of the fisher folk, seven city fishers, one
fishworker and three commercial fishers in the city which include
representatives from the youth and women sectors;
(9) Chairman on Committee on Environment and Natural Resources.

(b) The regular members of the Barangay FARMC shall be:

(1) Chairperson of the Sangguniang Barangay, Agriculture/Fisheries

Committee;
(2) Representative from an accredited non-government organization;
(3) Representative from private sectors;
(4) At least eight representatives from the fisherfolk including the youth and
women sectors;

(c) Provided, that both FARMCs shall adopt rules and regulations necessary to govern
its proceedings and election and provided further, that the FARMC’s shall have the
following primary functions:

(1) Prepare and recommend the Fisheries and Aquatic Resources

management, policies and plans for integration into the Fishery
Management Plan, the former also being utilized by the BFAR as part of the
Monitoring, Control and Surveillance (MCS) implementation of the said
system;
(2) Recommend to the City Government and special agencies on the
development and implementation of projects and Fisheries Management
Planning (FMP) policies respecting the issuance of licenses, exclusive
fishery privileges, and other permits to the appropriate user of fisheries and
aquatic resources, and to ensure that the resource use limits and controls
are imposed. Such recommendation may include the evaluation of all
projects and applications by FARMCs, in their areas of coverage, and which
shall serve as the basis of the Environmental Impact Study, prior to the
approval of appropriate offices.

Provided, further, that FARMC members shall undergo training and shall be deputized by
the City Government as fish wardens and environmental and natural resource officers;
Provided, furthermore that technical assistance shall be extended whenever necessary by
the Department of Agriculture, Department of Environment and Natural Resources,
Department of Interior and Local Government, Department of Justice, Commission on
Human Rights and other government agencies.

Article XIV
PROHIBITED FISHING ACTIVITIES AND PENALTIES

SECTION 145. Prohibited Fishing activities.

Page 38 of 43
Ordinance No. 271-21
 a. It shall be unlawful for any individual, cooperative , partnership, association or corporation to take or catch
fish and other marine and aquatic products by means of nets, traps, or other fishing gears in the waters of this
city, or by means of fishing boats or vessels three gross registered tons or less, unless provided with the
necessary license permit issued for the purpose by the City Mayor; Provided, that no fishing vessels of more
than three registered tons, or smaller vessel as part of a fishing unit with a vessel in excess of three gross
registered tons as a mother ship, shall search for, attempt to catch or gather fishery species within the fifteen
kilometer limit of the City Waters;

Provided, further, that commercial fishing vessels which dock in the city for other purposes not in direct
support of fishery, except as noted in the terms and conditions thereon (i.e. to offload fish and re-supply only),
shall procure a Permit to Dock from the City Government upon payment of appropriate fees, said permit which
must always be presented upon inspection; Provided, furthermore, that when operating under a Permit to
Dock, the commercial fishing vessels shall, while transiting City Waters, store all fishing gears on board the
vessel so that it is not readily available for fishing.

b. Operate fish corrals, pens and cages, culture pearl, seaweeds, oyster and other shelled-mollusk, or catch
“bangus” fry or fry of other species for propagation purposes within the territorial jurisdiction of the city, without
first securing an exclusive fishery privilege conferred therefore as provided by law and this Ordinance.

c. Any individual, cooperative, partnership or corporation to transport fish and other aquatic products without
securing an auxiliary invoice and paying the required fees and charges thereof.

d. Any individual, cooperative, partnership, association or corporation, to use a boat three gross registered
tons or less without a vessel license issued by the City Government. Discovery of any person in an area where
he has no permit or registration papers for a fishing vessel shall constitute a prima facie presumption that the
person and/or vessel is engaged in illegal fishing.

e. It shall be unlawful for any individual to attempt to catch or catch fish without a fishermen’s license.

f. It shall be unlawful for any individual, partnership, cooperative, association, or corporation to carry on boat or
use fishing gears or methods not allowed by existing fishery laws and this Ordinance, such as “Pa-aling”
and/or “Hulbot-hulbot”; Provided, that “baling” and baby trawl are declared unlawful by this Ordinance;
Provided, further, That possession of a net on board the fishing vessel during this fishing operations with a
mesh size less than three cm. when stretched, except those provided in FAO 196, shall constitute an offense;
Provided, furthermore, That the use of compressors in the fishery in City Waters is regulated for conservation
and ecological reasons by requiring such paraphernalia to be registered by the owner/operator upon payment
of the required fee.

g. It shall be unlawful for fishing boats/vessels from municipalities other than Masbate City, to search for,
attempt to catch, catch or gather fish within the City Waters, without a current agreement between the City
Mayor and the Municipal Mayor for reciprocal access by respective fishers persons in the other City/Municipal
Waters; Provided, that in no circumstances shall this access to fish be granted to vessels from provinces other
than Masbate; Provided, further, that the vessel patron/owner shall procure the necessary fisherman’s license,
vessel license and/or permit for the use of fishing gear or paraphernalia; Provided, furthermore, that those
individuals or entities currently with this privilege granted by other municipalities shall procure a clearance only
from the City Government.

h. No person may engage in recreation and sports fishing without first securing a license and/or permit from
the City Government.

i. In line with the Strategic Environmental Plan (SEP), as mandated by R.A. 7611, the conversion of
mangroves into fishponds or for any other purpose is totally banned in the City of Masbate.

SECTION 146. Prohibited Acts and Corresponding Penalty. Any fishery activity such as exploitation, production, breeding,
culture, capture or gathering of fish, fry or fingerlings of any fishery species or fishery product, , in the City’s
municipal water without a license lease or permit except if the purpose of the gathering/exploitation is purely
for consumption. The violator shall be punished with a fine of:

1st Offense - Php 1,000.00 and/or 8 hours of community service

2 Offense
nd
- Php 3,000.00 and/or 16 hours of community service
3rd & Succeeding Offense - Php 5,000.00 and/or imprisonment upon discretion of the court

SECTION 147. Penalties. Any individual, cooperative, partnership, association or corporation found violating any of the
following offenses and those as provided in Section 152 hereof, shall be punished for each offense by a fine of
not less than Two Thousand Five Hundred Pesos but not exceeding Five Thousand Pesos, or imprisonment

Page 39 of 43
Ordinance No. 271-21
 of not less six months, but not exceeding one year, or both such fine and imprisonment, at the direction of the
Court:
a. Engaging in fishing or fishery activity;
b. Engaging in fishing or fishery activity without Fishermen’s License, and/or Vessel
License, and/or License Permit for fishing gear or paraphernalia, and/or Auxiliary
Invoice;
c. Engaging in Baby Trawl fishing, Baling, Pa-aling and hulbot-hulbot;
d. Any violation of the restrictions;
e. Non-compliance with Vessel Identification;
f. Sports Fishing without permit from the Office of the City Mayor;
g. Mangrove Conversion;
h. Access in City Waters of fishermen/vessel without corresponding Agreement
between the City Mayor and the Municipal Mayor;
i. Unlawfully obstructing, delaying or evading the authorized inspection and/or
movement of the fishing vessel, gear or paraphernalia, and/or fish or fishery
product;
j. Deputized Fishery Wardens, other law enforcers, or government officials conniving
with the offender(s), without prejudice to immediate suspension;
k. Deputized Fishery Wardens or law enforcers, who exceed their authorities;

SECTION 148. Administrative Fines, Confiscation/Seizure, and Cancellation/Non-Renewal or Permit. Without prejudice to civil
and/or criminal prosecution in the regular courts, the offender shall pay the administrative fine of not more than
Five Thousand (P5,000.00) Pesos, and/or for seizure and confiscation of the fish or other marine/aquatic
products unlawfully caught or taken, and/or impounding of the fishing boat/vessel and any equipment and gear
associated with the offense, and/or cancel and not renew the license, permit or exclusive fishery privilege
upon any of the following grounds:

(a) Any violation of provisions under this Code, the National Fisheries Code and
Fisheries Administrative Orders, and other fishery national and local laws;
(b) Fraudulent and/or false misinterpretation made by the applicant;
(c) Possession of explosives, materials for the fabrication of explosives, noxious or
poisonous substances, electrofishing devices, or have on board fish caught by any
of the foregoing means, other contraband, smuggled goods and/or other prohibited
articles;
(d) Possession of fish caught by unlawful means;
(e) Failure to assume responsibility for the use of his fishing boat and any or all acts of
his agents, employees or laborers, including those of the contractors connected
with his fishing operations, or in the establishment management, or operation of the
lease contract, or during the fishing expedition, such as transport and/or
possession dynamite, sodium cyanide, or any other cyanide, or poisonous or
noxious substances, as well as the fish caught through unlawful means;
(f) Failure to notify the Office of the City Mayor within thirty (30) days of the sale or
lease of the fishing boat to another person;
(g) Employ by the boat owner of unlicensed fishermen;
(h) Failure to comply with the conditions and requirements under which the license,
permit, or exclusive fishery privilege is issued, i.e. fees or logbooks, etc.;
i) Obstruction to navigation or the flow or ebb of tide;
(j) Such other causes as may injure public interest, (i.e. fisheries management
purposes), as determined by the City Mayor;
(k) Provided, that any license, permit, exclusive fishery privilege contract found
defaced, erased, or with illegible date of issue, shall be seized at once by any
enforcing officer who becomes aware of this fact, and said license, permit, or
contract shall be declared null and void.

SECTION 149. Prohibitions on the use of Compressor and Penalties. It shall be unlawful for any person, entities,
organizations, or corporations to engage in the following activities:

1. It shall be unlawful to operate municipal or commercial fishing boat/vessel using compressor

while fishing/operating in Municipal Waters of Masbate.

Penalty: A fine of Php 5,000.00 – or an imprisonment of 1 month to 6 months or both fine and
imprisonment at the discretion of the court.

2. Any person or persons are prohibited to catch or gathered fish or other fishery and aquatic
resources in Municipal water of City of Masbate using compressor.

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 Penalty: A fine of Php5,000.00 - or an imprisonment of one month to six months or both in
the discretion of the court.

Exceptions:

a) The City Mayor may allow the use of compressor to catch, take or gather fish or fishy
species for research, educational and scientific purposes only, upon recommendation
from BFAR, DENR and PCG;
b) The Philippine Coast Guard in the coordination with the City Government, in the absence
of SCUBA diving equipment, may allow the use of compressor for search and rescue,
retrieval, underwater salvaging and underwater ship repair;
c) The City Mayor may issue special permit for the use of compressor on such reasonable
terms and conditions deemed necessary upon recommendation of any of the FARMC,
Barangay Chairman concerned, Bantay Kadagatan UNIT for retrieval of fishing gears
and other fishing paraphernalia in accordance with the rules and regulations provided
therein.

3. Compressor fishing with the use of noxious or poisonous substances;

4. Compressor fishing with use of spear guns;

5. Compressor fishing within the prohibited areas of marine sanctuaries;

6. Dealing/selling of fish caught by compressor fishing;

7. Compressor and associated devices for fishing including fish boat/vessel and fish caught
shall be forfeited in favor of the City Government.

Penalty: For any violations of Section 156, items 3, 4, 5, 6, and 7 shall be in the amount of
Php 5,000.00

SECTION 150. Persons and Deputies authorized to enforce this Code. The following are authorized to enforce this Code:

1. a) PNP; b) PNP Maritime Group; and c) PCG

2. Deputized authorities by the City Government;
a) Bantay Kadagatan Unit;
b) FARMC and Fish Warden; and
c) Barangay Chairman of Coastal Barangays.

SECTION 151. Incentives. The law enforcing agencies and deputized law enforcement group involved in the apprehension
and pursuing the case in court shall be entitled to 25% incentive from fines imposed on violators herein to
encourage strict implementation of the Code.

1. Use of NukosAmbak-ambak in fishing

2. Use of Sudsod in fishing
3. Use of Liba-Liba in fishing, regardless of mesh size
4. Use of Baling/super light

SECTION 152. Prohibition on Use of Lights in Fishing and Penalties .

A. Illegal Use of Superlight in Municipal Waters. It shall be unlawful to engage in fishing
with the use of superlight in municipal waters of Masbate City or in violation of the
rules and regulation which may be promulgated by the Department of Agriculture on
the use of superlight outside municipal waters.

A.1. Violators of this provision shall be held liable pursuant to Section 93 of

Republic Act 8550 or the Philippine Fisheries Code of 1998.

A.2. Provided, that a gratuitous permit to use superlight in fishing within municipal
waters may be issued by the City Mayor in consultation with the Fisheries and
Aquatic Resource Management Council to any government or private research
and educational institution for research, experimental, educational and scientific
purposes which shall be subject to such terms and conditions as City Mayor
may deem wise to impose.

B. Use of Light Fishing. The number of wattage and type of lights used in municipal
fishing vessels shall be regulated by the City Government, except the use of
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Ordinance No. 271-21
 superlights where its mere use is considered a violation pursuant to Section 4.A of this
ordinance, as follows:
1. It shall be unlawful to engage in light fishing with the use of lights with
cumulative wattage of more than 4,000 watts or 4 kilowatts in municipal
waters of Masbate City;
2. It shall be unlawful to engage in light fishing with the use of mercury lights
in municipal waters of Masbate City; incandescent lamp and/ or
pressurized gas lamp or hazag or compact bulb are allowed, in light
fishing;
B.1. Violations of sub section: 1 and 2 paragraph B shall be punished by
imprisonment from two (2) to six (6) months or a fine of One thousand pesos
(Php1,000.00) per mercury light and/or per 500 watts in excess of 4 kilowatts or
both such fine and imprisonment at the discretion of the courts. The light,
fishing gears and vessel shall be confiscated.
SECTION 153. Persons and Deputies Authorized to enforce this Code. The law enforcement officers of the City Government
and other government agencies are hereby authorized to enforce the ordinance and other fishery laws, rules
and regulations.

The City Mayor shall designate in writing Punong Barangay and Bantay Dagat Task Force who have
undergone training on law enforcement in fishery laws, apprehension, techniques and gathering of evidence
by Bureau of Fisheries and Aquatic Resources (BFAR) as Deputy Fish Warden in the enforcement of the
ordinance.

SECTION 154. Reward System – The person or law enforcers involved in the apprehension and court trial shall receive at
least 25% of the fine imposed from the violators after proven guilty and having paid the fine to the City
Treasurer.

a. Use of baby kalansisi/ringnet/trawl/Tambugan

b. Use of Likon
c. Dealing in, selling, or in any manner disposing of, for profit, gravid crustaceans, such as but not
limited to blue crab.
d. Possession of illegal and destructive fishing gears.

Every penalty imposed for the commission of any prohibited acts under this Code shall carry with it the
confiscation of the fish, forfeit of the proceeds and the instruments or tools with which it was committed.

Where the violator of this ordinance does not contest his/her apprehension and elect to pay the fine imposed
under this section, the enforcement officer shall forthwith issue Ordinance violation notice ticket to the person
apprehended without resort to the court.

The OVN ticket shall state the (a) name, signature, age, and address of the person apprehended, (b) the
material facts obtaining in the commission or omission of the crime defined and penalized under this
ordinance, (c) the amount of fine which is payable in favor of the City Government of Masbate, and notice
requiring the person apprehended for extrajudicial settlement of his/her violation by paying the prescribed
amount of fine at the Office of the City Treasurer within 7 days from issuance thereof, otherwise, appropriate
complaint shall be filed against him/her before the court of law.

Article XV
MISCELLANEOUS PROVISIONS

SECTION 155. Enforcement of Ordinance. This Code shall be implemented by the City Agriculturist Office, Treasurer’s Office
and the various concerned divisions of the City Government, the BFARMC’s and the CFARMC, non-
governmental organizations with the assistance of the Bantay Dagat, Philippine National Police-Maritime, and
other deputized agencies and Fishery Wardens; Provided, that deputized inspecting officers of said agencies
and offices tasked with such purpose be identified by wearing their Fishery Warden or Deputy Fishery
Warden’s Card issued by the City Government; Provided, further, that legal assistance be provided the Fish
Warden or law enforcer in case of charges of harassment arising from the lawful conduct or lawful
enforcement of this Ordinance shall be tried in Masbate City; Provided finally, that 25% of the total fine, of the
penalty for violation of this ordinance, shall accrue to a trust fund to be used sole3ly for the portend activities of
BFARMC, CFARMC and other similar non-governmental organization. The Deputized Fishery Wardens from
the Office of the City Agriculturist, Bantay Dagat, the PNP-Maritime and other law enforcement agencies are
hereby instructed to take the lead in the enforcement of fisheries and environmental laws in collaboration and
coordination with the FARMCs, and the Cabinet Committee for Maritime and Ocean Affairs direction under AO
201 for the implementation of the approved MCS system under the leadership of the Department of
Agriculture.

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Ordinance No. 271-21
SECTION 156. Authority of Inspection and of Removal/Seizure of Article involved in the Alleged Offense. Fishery Wardens,
Deputy Fishery Wardens and other enforcement officers for fisheries are hereby authorized to inspect any part
of the fishing vessel, gear, and storage areas, cages, corrals, pens operation sites, machinery spaces utilized
for the fishery and all documents pertaining to the fishing operation; to seize and/or remove any such article
which he believes to have been involved in a fishery offense; and to remove any obstructions at the expense
of the lessee, licensee, or occupant thereof, whenever applicable.

SECTION 157. Mandatory Review. The Sangguniang Panlungsod shall undertake the mandatory review of this code at least
one 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.

Article XVI
FINAL PROVISIONS

SECTION 158. Appropriation. The City Government of Masbate shall allocate annually in the budget the amount of Three
Million Pesos (Php3,000,000.00) from the General Fund.

SECTION 159. Repealing Clause. All rules and regulations inconsistent with this Code are hereby modified accordingly.

SECTION 160. Separability Clause. If for any reason any part or provision of this Ordinance is declared invalid or
unconstitutional, any part or provision not affected thereby shall remain in full force and effect.

SECTION 161. Effectivity Clause. This Code shall take effect immediately upon approval and publication in local newspaper of
general circulations.

ENACTED. January 19, 2021.

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We hereby certify to the correctness of the foregoing ordinance which was duly enacted by the Sangguniang Panlungsod during
its 76th Regular Session on January 19, 2021.

ALBERTO R. ABAYON DANNY A. FUNELAS

City Councilor/ Author Secretary to the Sangguniang
Panlungsod

ATTESTED AND CERTIFIED

TO BE DULY ADOPTED:

RUBY M. SANCHEZ-MORANO
City Vice Mayor / Presiding Officer

Approved on ______________________
(Date)

ROWENA R. TUASON
City Mayor

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Ordinance No. 271-21