ONAN, PAN D> & PROVINCE OF sy RS z Republic of the Philippines PROVINCIAL ENVIRONMENT AND NATURAL ii RESOURCES MANAGEMENT OFFICE Caibalogan City, Samar Tel, No. (055) $43-9627/penrmo.samar@gmail.com April 5, 2021 ATTY. JOSE CRISOSTOMO Y. GUADES Secretary to the Sangguniang Panlalawigan Dear Atty, Guades; Respectfully forwarding for your consideration, the following observations, comments and recommendations on the draft ordinance enacting the Environment Code of the Province of Samar, thus: Page 1. Correct the Indentions of line 6 and 7, if necessary Correct the Indentions of line 47 and 48, if necessary Change Art, to Section in line 62 Page 2. Correct the Indentions in line 7 and 8, if necessary Correct the Indention in line 5, if necessary Page 3. Delete the last word “and” in line 27 Definition of terms should be in alphabetical order from pages 3-8 Page 4, Edit “haravesting” to harvesting in line 1 No indention in line 36 Page 5. Line 16, Definition of Fauna shall be, All species of animals in a given area Line 18, Definition of Flora shall be, All species of plants in a given area Include the definition of Forest Products- refer to timber including Jumber, pulpwood, bark, tree top, resin, gum, wood, oil, honey, beeswax, nipa, rattan, charcoal, or other forest growth, such as but not limited to ‘grass, shrub, flowering plants in forest lands and others, Page 6, Line 34, delete “s” Justify or distribute text evenly in lines 26-28 Page 7. Justify line 17 up to line 20 Page 8. No indention in line 13 Line 27 Tree Farm definition refers to any small forest land or track of land purposely planted with tree crops, Page 9. ‘Make similar indentions in lines 18, 23, 27, 30 and 32, if necessary Page 10. Same indentions in line 30 up to line 38 Page 11. Open parenthesis in line 6, should be “(“ instead of “{* Ifpossible, Incorporate the following in line 46, The framework shall be formulated, adopted, and implemented in collaboration with national government agencies, particularly the DENR and the private sector in accordance with law; subject, however, to the condition that the framework shall be in conformity with the "provincial physical framework plan.Page 12. Line 28, Republic Act No. 9072 known as National Caves and Cave Resources Management and Protection Act Line 30, Executive Order No, $33, Adopting Integrated Coastal Management as a National Strategy to Ensure the Sustainable Development of the Country's Coastal and Marine Environment and Resources and Establishing ‘Supporting Mechanisms for its Implementation Page 12 Line 32, P.D. No. 705 or the Revised Forestry Code of the Philippines Page 12 Please edit Line 38, In addition to the requirements of existing laws, cutting gathering, collecting, removing timber and other forest products from any forestland, or timber from alienable or disposable public land, or from private land shall be issued with appropriate permiv/authority by the DENR subject to the issuance of Sangguniang Panlalawigan Resolution favorably endorsing the approval of the application for permit/authority. Page 12 Line 42-44, Pursuant to Section 17 the city/municipal government (not province) shall implement forestry programs, r Page 13 Line 53 change 80, to No. Page 14 After line 46. Incorporate the following provision Within two (2) years upon effectivity of this code, the Governor shall adopt all measures to encourage the City/Municipal Mayors, coastal inhabitants, and concerned national government agencies to complete the delineation, establishment, management and maintenance and Protection of their municipal waters pursuant to Section 131(r), RA 7160. It shal be incumbent ‘upon the concemed Municipality/City Mayors, as the case may be, to measure, delineate, demarcate, zonify, and produce maps of their respective territorial boundaries, employing in the process a certified engineer, provided that the delineation of municipal territorial waters shall be undertaken by contiguous municipalities to avoid future controversies in boundary lines, provided further, that the amicable settlement of boundary disputes between municipal ‘waters shall be governed by Section 118 and 119, RA 7160, provided finally, that after two (2) years upon effectivity of this Code, no fishery privileges shall be issued, pursuant to Section 149, RA 7160, until the measurement, delineation, demarcation, zonification and mapping of ‘municipal waters has been fully completed. The Governor is hereby authorized to issue the appropriate implementing rules and regulations, circulars directives and memoranda including sanctions for the purposes of implementing the provisions of this Section Page 16 Incorporate in page 16, after line 24, item (g) (h) The city/municipal government shall have the jurisdiction over municipal waters as defined in RA 8550, The city/municipal government, in consultation with Fisheries and Aquatic Resources Management Council (FARMC) shall be responsible for the management, conservation, development, protection, utilization, and disposition of all fish and fishery/ aquatic resources within their respective city/municipal watersThe ‘citymunicipal government may in consultaion with the FARMC, enact appropriate pr ananees for this purpose. The ordinances enacted by the city;municipality shall be reviee a by the Sanggunian of the Province pursuant to Section 56 of Republic Act No. 7160. The LGU fall cnforee all fishery laws, rules and regulations as well as valid fishery ordinances camer by the municipal council () The duly registered fisherfolk organizations and cooperatives shall have preference in the grant of fishery rights by the City/Municipal Council pursuant to Section 149 of the local Government Code. G) All fishery related activities in municipal waters, as defined in RA 8550, shall beparticipated by municipal fisherfolks and their cooperatives/organizations who have listed as wich ty wea registry of municipal fisherfolks. () The City’Municipal Government shall maintain a registry of municipal fisherfolk, who are Fishing or may desie to fish within the municipal waters for the purpose of determining area Priorities or limiting entry into the municipal waters, monitoring fishing activities and other related purposes. Provided, that the FARMC shall submit Teport to the concern Municipal Mayor the list of priorities together with the plans and programs for its consideration, Sead LGUs shall also maintain a registry of municipal fishing vessels by type of pear and other boat particulars with the assistance of the FARMC. (Resident “municipal fisherfolk of the municipality concerned and their organizations/cooperatives shall have priority to exploit municipal fishery areas of the said municipality, m) The Municipal Government concemed shall grant demarcated fishery rights to fishery Creanizations/eooperatives for aquaculture operation in specific areas identified by the Department of Agriculture. (2) Whenever itis determined by the LGUs and the Department of Agriculture that a municipal ‘water is over fished 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 area, the City/Municipal ‘Government shall prohibit or limit fishery activities in the said waters. (©) The Provincial Government in coordination with the Department of Agriculture shall Provide support to municipal fisher folk through appropriate technology and research, Production and marketing assistance and other services such as, but not limited to training for additional/ supplementary livelihood. Page 17, after line 5 (a) Aquaculture (2.1) License to Operate Fish Pens, Fish Cages, Fish Traps and Other Structure for the Culture of Fish and Other Fishery Products ~ Fish pens, fish cages, fish traps and other structures for the culture of fish and other fishery products shall be constructed and shall operate only within established zones duly designated by the Municipal Government in consultation with the FARMCs concemed, consistent with the national fishery policies and afier the corresponding licenses required have been secured. The area to be utilized for thisPurpose for individual person shall be determined by the Municipal Government in consultation with the concerned FARMC: Provided however, that not more than ten percent (10%) of the suitable water surface of all lakes and rivers shall be allotted for aquaculture purposes like fish pens, fish caged and fish traps; and the stocking density and feeding requirements which shall be controlled and determined by its carrying capacity. (a.2) Grant of privileges for Operations of Fish Pens, Cages, Traps and Similar Structures ~ No new concessions, licenses, permits , leases and similar privileges for the establishment or operation of fish pens, fish cages, fish traps and other similar structures in municipal areas shall be granted except to the duly registered municipal fisher folk and their organization. (2.3) Non — Obstruction to Navigation - Nothing in the foregoing sections shall be construed as permitting the lessee, licensee, or permittee to undertake any construction which shall obstruct the free navigation in any stream, river, or lake flowing through or adjoining the fish pens, fish cages, fish traps and fishponds. Any construction made in violation hereof shall be Temoved upon the order of the Municipal Mayor in coordination with other govemment agencies concemed at the expense of the lessee, licensee, or occupants thereof. whenever applicable. The City/Municipal Government shall within thirty (30) days after the effectivity of this Code formulate and implement rules and regulations for the immediate dismantling of existing obstruction to navigation. {a.4) Non-Obstruction to Defined Migration Paths Nothing in the foregoing sections shall be construed as permitting the lessee, permittee, or licensee to undertake any construction which shall obstruct any defined migration path of migratory fish species such as river mouths and estuaries within a distance determined by the concemed Municipal Govemment in consultation with and upon the recommendation of the FARMC. (a.5) Registration of Fish Hatcheries and Private Fishponds, etc. — All fish hatcheries, fish breeding facilities and private fishponds must be registered with the City/Municipal Government which shall prescribe minimum standards for such facilities in consultation with the Department of Agriculture: Provided that all fishpond, fish pen and fish cage operators shall annually report to the Municipal Mayor the type of species and volume of production in areas devoted to aquaculture. (b) Post Harvest Facilities, Activities and Trades (b.1) Establishment of Post — Harvest Facilities for Fishing Communities — The City/Municipal Government shall coordinate with the private sector and other concemed agencies and FARMC in the establishment of post-harvest facilities for fishing communities such as, but not limited {o, municipal fish landing sites, fish ports, ice plants and cold storage and other fish processing establishment to serve primarily the needs of municipal fisherfolk (b.2) Registration and Licensing of all Post-Harvest Facilities- All post-harvest facilities such as fish processing plants, and cold storages, fish ports/fish landings and other fishery businessestablishments must register with and be licensed by the City/Municipal Govemment which shall prescribe minimum standards for facilities in consultation with the Department of Agriculture. Page 18. Line 53, should read as,......, the Province in coordination with the concerned NGAs and municipality/city shall undertake the following measures: Page20. Line 3....... the province, in coordination with the municipalities and the cities Page 21, Line 13...... General Terms and Conditions pursuant to DAO 2010-21, the Revised Implementing Rules and Regulations of Republic Act No. 7942. Page 21. Line 30 should read as,... of waterways within agricultural areas; and 40 meters on both sides of any waterways (not 60 meters) Page 21. Line 32.......shall be penalized with a maximum. fine of P6,000.00 or imprisonment of three (3) years but not more than 6 years or both... (Art 91(B)(3), PD 1067) Page 23. Line 14....... 1152, entitled “the Philippine Environmental Code” delete consolidating Page 23. Line 19... Republic Act 6969 Page 23. Line 27... Revised Administrative Code (not Philippine Environment Code) Page 26. Line 3..... to read as The City and Municipal Solid Waste Management Boards, Page 26. Incorporate after line 23 and after item 6 7. Review every two (2) years or as the need arises the City or Municipal Solid Waste Management Plan for purposes of ensuring its sustainability, viability, effectiveness and relevance in relation to local and intemational developments in the field of solid waste management; 8. Develop the specific mechanics and guidelines for the implementation of the City or Municipal Solid Waste Management Plan; 9. Recommend to appropriate local govemmment authorities specific measures or proposals for franchise or build-operate-transfer agreements with duly recognized institutions, pursuant to R.A.6957, to provide either exclusive or non-exclusive authority for the collection, transfer, storage, processing, recycling or disposal of municipal solid waste. The proposals shall take into consideration appropriaic government rules and regulations on contracts, franchise and build-operate-transfer agreements; 10, Provide the necessary logistical and operational support to its component cities and ‘municipalities in consonance with subsection (f) of Sec. 17 of the Local Government Code;11, Recommend measures and safeguards against pollution and for the preservation of the natural ecosystem; and 12. Coordinate the efforts ofits component barangay’ in the implementation of the city or ‘municipal Solid Waste Management Plan, Page 26, Page 26. Page 26. Page 26, Page 28. Page 28, Page 28, Page 29, Page 29. Page 29, Page 29, Page 29. Page 30. Page 30. Page 31. Page 33, Line 42 (no section 123 of this code) please delete. Instead it should read as <-«,10 comply with the Prohibition Against the Use of Open Dumps for Solid Waste, but are unable. Line 47 delete Commission after (NSWMC) Line 48 delete “this act” and replace with RA 9003, it should read as, provisions of RA 9003 Line 63 delete “dry” and replace with city, to read as ...wvithin the city Line 10, there is no section 99 of this code, please delete “Section 99”. Instead it should read as .... to be reduced pursuant to Section 15 of RA 9003; Line 35, should read as ..... in accordance with the diversion requirements set in Section 20 of RA 9003 Line 59, should read as........ designated for recycling pursuant to RA 9003, Line 2, delete “10 of this code” it should read as ...... under Section 20 of RA 9003, Line 13, delete “this code” to read as, objectives of RA 9003. Line 20, there is no Section 20 of this code, delete hereof. It should read as equirements of Section 20 of RA 9003. Line 42, there is no section 10 of this code, it should read as...... diversion activities pursuant to Section 20 of RA 9003. Line 64. To read as .....under Section 37 of RA 9003. (not Section 16 of this code as there is no such item in this code) Line 3. To read as follows..... in accordance with the guidelines set under Secs. 40 and 41 of RA 9003. Line 39. Change nd to and, Should read as... shall be identified and. Line 5, ........ shall segregate their solid wastes into four (4) kinds: 1) biodegradable or compostable, 2) recyclable or re-usable, 3) non-recyclable or residual and 4) special/hazardous wastes Line39....... Should read as........ setting and collection of the local fees, (delete solid wastes)Page 33, Page 35. Page 35. Page 35 Page 36. Page 36. Page 36. Page 36. Page 36 Page 36. Page 37. Page 37, Page 37. Page 37. Page 37, Page 37. Page 38, Page39, Page 40, Line 63... should read as follows.... ... Stations located in the province, aside fom strict compliance with R.A 9514 (not aside form strict with R.A 9514 Line 6. Should read as,, vested with powers under Section 17 (034i), (not Section 17(v)(ii) Line 46. Should not be indented Line 52. Should be SECTION 6. FUGITIVE PARTICULATES Lime 6. Should be SECTION 7. ADOPTION OF BEST....... Line 13. Should be SECTION 8. ESTABLISHMENT OF AMBIENT... Line 21. Should be SECTION 9. NOISE REDUCTION MEASURES Delete lines 31-37 as they are the same with lines 41-47 Line 50. Should be SECTION 11. MEASURES AGAINST.. Line 56. Should read as SECTION 12. DEVELOPMENT OF A PROVINCIAL..... Line 1. Should read as SECTION 13. REDUCING. Proper indentions and or alignment of Lines 11, 12, and 15 Line 17. Should be SECTION 14. SMOKE BELCHING ‘Do not indent Line 21 Do not indent Lines 31 and 32 Line 35. Should be SECTION 15. WASTE...... Line 4. Should read as, ......varied interests of every Samamon through public participation, Line 36. Should read as, .....all municipal and city governments Line 11. SECTION 7 NOT SECTION 5 Line 18. SECTION 8 NOT SECTION 6 Line 24. SECTION 9 NOT SECTION 7 Line 38. SECTION 10 NOT SECTION 8 Line 46. SECTION 11 NOT SECTION 9Page 41 SO) Page 42. Page 42. Page 42, Page 43, Page 43. Page 43, Page 44 Page 44. Page 44, Page 45. Page 45 120. Page 45. Page 46. Page 46, Page 47. Line 53. SECTION 12 NOT SECTION 10 Line 8. Should read as........... mangrove forest belt areas of 50 meters (not Line 31. Should read as ....... atleast fifty (50) — not (SO) Line 36, Should read as, ... defined by EO 113 series of 1955, as amended Line 57. Add the word “in”, it should read as... for inclusion in the provincial development plan Line 11. The figure should have been P375,000 and P150,000, It should read as.(above P150,000-P375,000/lot and Socialized Housing (P150,000 and below/lot) Line 14, Should read as every not everv. Line 52, SECTION 13 NOT SECTION 11 Line 17. SECTION 14 NOT SECTION 12 Line 26, Should read as.... not limited to Sohoton, Rawis and Saob Caves of Basey, Langun-Gobingob...... (not langun-Gobingon) Line 43, SECTION 15 NOT SECTION 13 Justify (distribute evenly between margins) texts in lines 21, 22 and 23 Line 51. Delete Presidential. It should only read as Executive Order No. Line 61. Delete whole line since PD 1152 is the phil. environmental code, and replace with and it should read as, Republic Act No. 9147, as to wildlife resources conservation and protection Line 16. Should read as...... of the Sangguniang Bayan/Panglungsod (not Bayani).... Line 36 Should read as vis-a-vis not vis-a-vts Line 28. Incorporate SECTION I. POLICY STATEMENT SECTION 1. POLICY STATEMENT The provincial government shall determine what effects do proposed projects and programs will have on aspects of the environment, including its human dimensions, The results of Environmental Impact Assessment will be used by the provincial government of Samar in Judging whether to invest in, carry out, or permit proposed projects — such as road opening Projects, reclamation, reservoirs, highways and agricultural schemes. EIA is a systematicanalysis of projects to determine their potential environmental impacts and to propose measures to mitigate the negative impacts, ‘Then follow the number sequence of the succeeding sections, i.e SECTION 2. SCOPE OF POWERS SECTION 3. GOVERNING LAWS SECTION 4. ENVIRONMENTAL IMPACT ASSESSMENT Page 47. Page 47, Page 48, Page 48, Page 48. Page 48. Page 48, Page 48. Page 48, Page 48. Page 49. Page 49, Page 49. Page 50. Line 43. L in the word local should be in uppercase, should read as, Local Government Code of 1991 Line 57. Edit re into are, should read as ......under PD 1586 are. Line 12. Should read as, PD 1586 not PO 1586 Line 19. Should read as, EMB VIII, not EMS VIII Line 37. SECTION 6. VALIDATION OF.... (NOT SECTION 4) Line 39. Should read as, The Governor, through the EIA Monitoring ‘Team shall review the documentation....... ( delete as provided is Section 148) Line 45. SECTION 7 NOT SECTION 5 Line 51, SECTION 8 NOT SECTION 6 Line 53, Should read as, The Governor, through the ELA Monitoring Team and the DENR shall conduct..... (delete as provided in Section 148(d) Line 58. SECTION 9 NOT SECTION 7 Line 8. SECTION 10 NOT SECTION 8 Line 10. Should read as, The Governor, through the EIA Monitoring Team shall participate in the negotiation......... (delete as provided in Section 148) Line 16, ARTICLE XII NOT ARTICLE XII Delete items (k),(1) and (q) as they are not included in the duties/powers of the ENR Officer mentioned in section 484 of RA 7160, especially on fishery and aquatic resources concems. See. 16 of RA 8550 or the Philippine Fisheries code provides, thus: SECTION 16, Jurisdiction of Municipal/City Government. The city/municipal government shall have the jurisdiction over municipal waters as defined in RA $550. The city/municipal goverment, in consultation with ieries and Aquatic Resources Management Council (FARMC) shall be responsible for the management, conservation, development, protection,utilization, and disposition of all fish and fishery/ aquatic resources within their respective city/municipal waters. The municipal/city government may, in consultation with the FARMC, enact appropriate ordinances for this purpose and in accordance with the National Fisheries Policy ‘The ordinances enacted by the municipality and component city shall be reviewed pursuant 10 Republic Act No. 7160 by the sanggunian of the province which has jurisdiction over the same Page 51. Justify or distribute text evenly along lines 11-12 Page 51. Line 45 ARTICLE XIV NOT ARTICLE XL Page 52. Line 27. ARTICLE XV NOT ARTICLE XIV Page 52. Line 64. SECTION 5 NOT SECTION 6 Page 53. Line 8. ARTICLE XVI NOT ARTICLE XV Page 53. Line 59. ALL TEXTS SHOULD BE IN UPPERCASE Page 54. Line 3. ALL TEXTS SHOULD BE IN UPPERCASE, Page S4. Line 22. ARTICLE XVII NOT ARTICLE. XVI Page 54. Line 24. All text in uppercase. GENERAL PROVISIONS Page 55. Line 26. (P5,000.00) not (S,000.00) Page 57. Line 19. PhP5,000.00 NOT (PhPS,000.00) Page 58, Line 34. ...should read as,....... device on any street (not aby) Page 58. Line 55... P5,000.00 (not PS,000.00) Page 58, Line 62 SECTION 10 NOT SECTION XI Page 59, Line 39. SECTION 11 NOT SECTION 10 Page 59. Line 44. PhPS,000.00 (not PhPS,000. 00) Page 59. Line $3. ARTICLE XVIII NOT ARTICLE XVI Page 60. Line 28. SECTION 7 NOT SECTION 8 For information and evaluation.