LE 2 Republic of the Philippines : icon ts Municipality of Enrique Villanueva ree OFFICE OF THE SANGGUNIANG BAYAN EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN OF ENRIQUE VILLANUEVA, SIQUIJOR, HELD AT THE MUNICIPAL SESSION HALL ON AUGUST 28, 2002. PRESENT: RUTH BON AQUE ‘TERESITA T. MAGLANGIT Municipal Vice Mayor, Presiding Officer ‘SB Member FILMORE S. GARCIA SB Member ALLAN M. TEJANO SB Member GEROLD V. PAL-ING SB Member LEONARDO P. PACULBA ROLAND A. AQUI SB Member SB Member, SK Federation President Hon, NENITA F. BALIQUIG Hon, ELLERY CLINT A, ORQUILLAS Hon, CESARIO O. ALCALA, Jr SB Member, (On Leave) SB Member, (On Leave) SB Member, Municipal LIGA President. (On Leave} RESOLUTION NO. 2002 - 27 “A RESOLUTION ENACTING AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF THE TULAPOS MARINE SANCTUARY OF ENRIQUE VILLANUEVA, SIQUIJOR, DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES, CITING REASONS THEREFOR’ “WHEREAS, pursuant to the Constitutional mandate to maintain a balanced ecology, local governments shall protect the environment and impose penalties for acts which endanger the environment; “WHEREAS, Republic Act No. 7160, a.k.a. the Local Government Code of 1991, ;powers the local government unit to protect, conserve and rehabilitate fishery and aquatic resources, and to enforce all fishery laws within its municipal waters; “WHEREAS, Republic Act 8550, a.k.a. the Philippine Fisheries Code of 1998 provides that the Municipal Government shall have the jurisdiction over municipal waters and it shall be responsible for the management, conservation, development, protection, utilization, and disposition of all fish and fishery /aquatic resources within their municipal waters; “WHEREAS, a series of MultiSectoral Stakeholders Forum has been conducted to enhance collaboration for improved management of the Tulapos Marine Sanctuary. “WHEREAS, a Participatory Coastal Resource Assessment (PCRA) and a technical survey of coral reefs and related habitats were conducted within and outside the existing marine sanctuary; “WHEREAS, there is a need to institutionalize management of the area to sustain its beneficial impacts to the community continued on page 2(Res. No. 2002-27, Ordinance No. OS c. s., continued) page 2 “WHEREFORE, on motion of Hon. ALLAN M. TEJANO, duly seconded by Hon, GEROLD V. PAL-ING and Hon. FILMORE S. GARCIA, resolved, as it is hereby resolved, to enact, as it hereby enacts the following ordinance: ORDINANCE NO. 05 ‘Series of 2002, “AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF THE TULAPOS MARINE SANCTUARY OF ENRIQUE VILLANUEVA, SIQUIJOR, DEFINING ITS SCOPE AND COVERAGE, AND FOR OTHER PURPOSES” Be it enacted by the Sangguniang Bayan of the Municipality of Enrique Villanueva, Province of Siquijor, in session assembled, that: SECTION 1. TITLE AND APPLICATION. This ordinance shall be known as the ‘Tulapos Marine Sanctuary Ordinance which shall be enforced within that portion fronting the municipal waters of Enrique Villanueva, Siquijor herein specified, in conjunction with existing rules and regulations. SECTION 2. DECLARATION OF POLICY. It shall be the policy of the municipal government to promote community-based resource management in protecting and managing the municipal waters and its coastal and fisheries resources for the enjoyment and benefits of the municipal fishers. It is likewise the policy of the municipal government to foster meaningful collaboration among various stakeholders {or improved management of the marine protected area. SECTION 3. DEFINITION OF TERMS. As used in this ordinance, the following terms and phrases shall mean as follows: 1, “Bantay Dagat’ is a volunteer group of community members residing in the barangay where of the Marine Sanctuary is located, recognized and deputized by the Municipal Government of Enrique Villanueva, Siquijor, whose task is to monitor, prevent or police the area against all sorts of illegal activities committed by any natural or juridical person. 2. “Bantay-Dagat Federation’ is a volunteer organization composing all members of the different Bantay Dagat chapters in Enrique Villanueva, Siquijor recognized and deputized by the Municipal Government, whose task is to monitor, prevent, or police the area against all sorts of illegal activities committed by any natural or juridical person, 3, ‘Municipal Fisheries and Aquatic Resource Management Council, hereinafter referred to as MFARMC” is created by virtue of Republic Act 8550, aka, the Fisheries Decree of 1998, whose functions include but not limited to, assist in the enforcement of fishery laws, rules, and regulations within the municipal waters. 4, “Buffer Zone” is an area outside the boundaries of and immediately adjacent to the designated marine sanctuary where fishing or other forms of activities which may damage the ecosystem of the area are prohibited. 5, ‘Marine Sanctuary” is an area where fishing is prohibited and other forms of activities, which may damage the ecosystem of the area, are restricted. 6. “Fishers” - people directly or personally and physically engaged in taking and/or culturing and processing fishery and/or aquatic resources, 7. ‘Municipal Fishers’ - persons directly or personally and physically engaged in municipal fishing and other related fishing activities. ‘continued on page S(Res. No. 2002-27, Ordinance No. 05 e. s., continued) page 3 8. “Municipal Fishing’. refers to fishing within municipal waters using fishing vessels of three (3) gross tons or less, or fishing not requiring the use of fishing vessels, 9. ‘Fishers Organization” an organized group, association, federation, alliance or an institution of fishers which has: at least fifteen (15) members, a set of ollicers, a constitution and by-laws, an organizational structure, and a program of action, 10.*Fine Mesh Nets”. all net-webbing whether made of natural fibers, synthetic or any other materials, or any other gears use in fishing with mesh size of less than three centimeters (3 cm) measured between two (2) opposite knots or sides of a full ‘mesh, when stretched in the case for nets. 11. “Fish and Fishery/Aquatic Products’ include not only finfish but also mollusk, crustaceans, echinoderms, marine mammals, and other species of aquatic flora and fauna and all other products of aquatic living resources in any form, 12. "Fishing with Explosives’ - the use of dynamite, other explosives or other chemical compounds that contains combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound, will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat, 13.*Fishing with noxious or poisonous substances” - the use of any substance, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat. 14.“Fishing’ - the taking of fishery species from their wild state or habitat, with or without the use of fishing vessels. 15. “Fishery Species’- aquatic flora and fauna including, but not restricted to, fish, algae, coelenterates, mollusks, crustaceans, echinoderms, and cetaceans, 16, ‘Blectrofishing” - the use of electricity generated by batteries, electric generator and other source of electric power to kill, stupefy, disable or render unconscious fish or fishery species; whether or not the same are subsequently recovered. 17. "Municipal Waters” include not only streams, lakes, and inland bodies of water and tidal waters within the municipality /city which are not the subject of private ‘ownership and not included within the national parks, brackish water fishponds leased by the goverment, and national fisheries reserves, refuge and sanctuaries but also marine waters included between two lines drawn perpendicular to the general coastline from the points where the boundary lines of the municipality /city touch the sea at low tide and a third line parallel with the general coastline including offshore islands and 15 kilometers from such coastline. Where two municipalities are so situated on opposite shores such that there is less than thirty (80) kilometers of marine waters between them, the third line shall be a line ‘equidistant from the opposite shores of the respective municipalities. 18.“The Marine Sanctuary” when used in this ordinance shall mean the marine sanctuary and its buffer zone located in Barangay Tulapos, Enrique Villanueva, sanctuary area is that body of municipal waters adjacent to Barangay Tulapos, Enrique Villanueva, Siquijor with the following bearing and distance and particularly defined in the survey map hereto attached and made an integral part of this ordinance as Annex A continued on page 4(Res. No. 2002- No. 05 c. s.,¢% page 4 ‘The Fish Sanctuary of Barangay Tulapos is located on the eastern coast of Siquijor island. The protected area encompasses a sandy intertidal, mangroves, scagrass beds, and coral reefs. The protected area is divided into the following zones: ‘The “core” or sanctuary area, builer zone, and bathing/swimming zone, ‘The “core” or sanctuary zone is defined thus: Corner 1: N9°17'13.4°E128°88'20.7" then 40° and 480 meters to Corner 2: N9°17'25.4"E 123°38'30.7" then 145° and 560 meters to Corner 3: N9°17'10.8"E123°38'41.4" then 228° and 470 meters to Corner 4: N9°17'00.7°E123°38'30.1" then 324° and 430 meters to Corner 1 ‘The core zone covers a total area of 24.48 hectares, ‘The buffer gone is defined thus: ‘The buffer zone is a strip 20 meters in width located on the three (3) seaward sides of the sanctuary to wit: 1. The northem side 2. The Eastern side 3. The Souther side Furthermore, the buffer zone is divided into three (3) blocks to wit: BLOCK 1 Corner 1: N.9°17:26.4" E 123°38'30.4" (Corner 2: N.9°17'25.4" E 123°38'30.7" Corner 3: N9°17'13.4" E 123°38'20.7" Corner 4: N'9°17'13.9" B 123°38'20.3 Corner 1 Area: 1.05 hectares BLOCK 2 (Corner 1: N9°17'25.4" E 123°38'30.7" (Corner 2: N9°17'26.8" E 123°38'31.0" Corner 3: N9°17'10.9" E 123°38.42.4" (Corner 4: N9°17'10.8" E 123°38'41.4" Corner 1 Area: 0.95 hectares BLOCK 3 Corner 1: N9°17'10.8" B 123°38'41.4" Corner 2: N9°17'10.9" E 123°38'42.4" Corner 3: N9°17'00.5" E 123°38'30.3" Corner 42 N9°17'00.7" E 123°38'30.1" ‘Corner 1 Area: 0.7 hectares ‘The buffer zone covers a total area of 2.77 hectares. Mangrove areas in the buffer zone shall be governed by the provisions of the Certificate of Stewardship Contract (CSC). ‘The bathing/ swimming zone is defined thu Corner 1: N9°17'13.9E123°38'20.3" then 42"and 90 meters to Corner 2: N9°17'16.0°E123°38'22.3" then 146” and 520 meters to Corner 3: N9°1701,9°E123°38'31.9" then 228° and 70 meters to Corner 4: N9°1700.5°E123°38'30.3" then 324° and 510 meters to Corner 1 continued on page 5(Res. No. 2002-27, Ordinance No. 05 c. s., continued) ‘The bathing/swimming zone covers a total area of 4.07 hectares and is located within the core zone of the sanctuary. It is the area from the highest tide mark on the shoreline and extends to the line drawn between the coordinates: NO*1715.4" E 123°38'22.7" and N9°1702.1" E 123°38'31.7" b. Area- The Marine Sanctuary (including the buffer zone) has a total area of 27.22 hectares, ©. Buffer zone is TWENTY (20) METERS from all sides except that side along the shoreline (intertidal zone} which is the bathing/swimming zone of the marine sanctuary. Total area of the Buffer zone is 2.77 hectares. SECTION 5. CREATION OF THE MARINE MANAGEMENT COMMITTEE (MMC). ‘The control and administration of the Marine Sanctuary is hereby placed under the Marine Management Committee. For this purpose, there is hereby created a Management Committee, solely for the purpose of attending to the needs for management, conservation, development, and the protection of the marine sanctuary and fishery reservation area. The Marine Management Committee shall formulate its own internal rrules, set its regular and special meetings, elect its officers, and set and define its organizational structure. SECTION 6. COMPOSITION. ~The Marine Management Committee shall be composed Of the following: ‘The Barangay Captain; two (2) representatives from the Barangay Council {to include representative from the youth sector); representative from the Bantay Dagat of Tulapos, Enrique Villanueva: representative from the Bantay Dagat Federation; representative from the MFARMC; representative from the Municipal Agriculturist’s Office; representative from the accredited non-government organization; representative from duly recognized research or academic institution; at least two (2) representatives from the fishers organization in Tulapos, Enrique Villanueva; representative from the PNP Maritime Command; and at least two (2) representatives from duly recognized private/ business sector. rrenene op SECTION 7. FUNCTIONS AND DUTIES OF THE MARINE MANAGEMENT COMMITTEE. ‘The Marine Management Committee shall be responsible for the administration and management of the marine sanctuary and shall have the following functions and responsibilities: @. recommend policies to the Sangguniang Bayan, through the MFARMC, with regards to the development and management of the Tulapos Marine Sanctuary; b, develop plans and strategies on MPA management for the Tulapos Marine Sanctuary and implement the same upon the approval thereof by the Municipal Mayor, as the case may be; ©. coordinate with government agencies and non-governmental organizations for which promote sustainable management of the area including activities such as but not limited to sea-borne and foot patrol of the area, maintenance of marker buoys, conduct of IEC activities, installation of signboards and the like; d. establish an efficient and functional user-fee system with defined and reasonable fees for the various ecotourism-related activities undertaken within the marine sanctuary; continued on page 6(Res. No. 2002-27, Ordinance No. 05 c. s., continued) page 6 €. develop and implement environment-friendly enterprise/livelihood activities for the affected marginal fisherfolks; {. ensure maximum participation and benefit of local communities in ecotourism activites; Q. receive grants, aids and other financial assistance from government and non- government institutions and foreign institutions; h. conduct of participatory monitoring and evaluation for both socio-economic and bio-physical impact in collaboration with LGU, line agencies and academic and research institutions on a regular basis; vigorously enforce all environmental and fishery laws, promulgate and enforce rules and regulations pursuant to this ordinance as well as valid ordinances enacted by the municipal council relating to the marine sanctuary; collect user fees; and I. exercise such powers and performs such as other duties and functions as may be prescribed by ordinance. SECTION 8: TECHNICAL ASSISTANCE. Technical assistance shall be provided by various stakeholders and program collaborators who shall sign a Memorandum of Agreement (MOA) stipulating their respective roles and functions. SECTION 9; MARINE SANCTUARY MANAGEMENT PLAN. ‘The MMC shall formulate a multiyear management plan through participatory processes. ‘The plan shall include a marine sanctuary database as well as management strategies and activities. SECTION 10; GRATUITOUS PERMIT. - The Municipal Government, in concurrence with the Management Commitee, may issue a gratuitous permit to any government institution or to any duly recognized research or academic institution to observe, take photographs and/or video footage, gather or take limited quantity of any fish or other marine organisms inside or from the designated marine sanctuary for scientific and research purposes only; provided, that the issuance of a gratuitous permit shall be subject to the following conditions: a. the institution must furnish its written proposal to the Municipal Government through the MFARMC, and the Marine Management Committee prior to the issuance of a gratuitous permit; b. the institution must furnish its report and findings to the municipal government through the MFARMC, and the Marine Management Committee within six (6) months after the termination of the study; c. in cases where a gratuitous permit was granted for a multi-year scientific and research study, written progress reports or findings, on annual basis shall be furnished to the municipal government, MFARMC, and the marine management committee; d. failure to comply with any of these conditions shall mean denial and/or cancellation of gratuitous permit. SECTION 11. PERSONS AND DEPUTIES AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS ORDINANCE AND OTHER FISHERY LAWS, RULES AND REGULATIONS. ~ The persons or entities authorized to enforce the provisions of this ordinance and other fishery laws, rules, and regulations are the following: continued on page 7(Res. No. 2002-27, Ordinance No. 05 c. s., continued) page 7 g h. ‘Mayor or his duly authorized representative: PNP- Maritime Command; Local Philippine National Police; Barangay Tulapos Council members; Marine Management Committee members; Deputized members of the Bantay Dagat Federation; Deputized Bantay Dagat members of Barangay Tulapos; and FARMC members, Provided, that the Municipal Government may seek assistance from the Philippine Coast Guard, the Bureau of Fisheries and Aquatic Resources of the Department of Agriculture, DENR, other law enforcement agencies, Department of Justice, Provincial Government of Siquijor, any duly recognized non-governmental organizations (NGOs} and any duly recognized research or academic institution to enforce this ordinance and for the prosecution of the persons fond violating the same. SECTION 12. PROHIBITED ACTS. (A) It shall be unlawful for any person, association, partnershij a. corporation, or cooperative to: take, catch, gather, destroy or kill, taken or gathered, fish or any fishery species and marine organisms in any place within the marine sanctuary and its buffer zone or in any manner disturb or drive away or take therefrom any fish, fry, or eggs, except as may be allowed under Section 10 hereof . use of any motorized vessels within the marine sanctuary and its buffer zone, except in cases wherein the purpose of using such shall be for legitimate and permitted scientific monitoring or research. All motorized passenger and/or fishing vessels are prohibited from entering and navigating within the marine sanctuary. Non-motorized vessels may pass through the designated entry/exit points within the buffer zone; dump any waste products detrimental or deleterious to the marine sanctuary or its buffer zone, or any other life form th construct, or maintain any kind of structure, fence or enclosures or in any manner conduct any business enterprise within the marine sanctuary and its buffer zone; alter, remove, destroy, or deface boundary marks or signs located within the marine sanctuary and its buffer zone; explore the marine sanctuary and its buffer zone area without permit engage in any water sport activities or hobbies in the marine sanctuary and its buffer zone such as but not limited to, jet skiing and the like; provided that SCUBA diving and snorkeling pursuant to section 10 hereof may be allowed; and anchor inside the marine sanctuary and its buffer zone; continued on page 8(Res. No. 2002-27, Ordinance No. 05 e. s., continued) page 8 (8) The marine habitat outside the “Marine Sanctuary” is a traditional fishing area where all destructive and/or exhaustive fishing methods, gears and/or uses, such as, but not limited to the following are prohibited. a. fishing with explosives; ‘b. muro-ami type fishing or related methods using weighted scarelines or poles; C. spearfishing using compressor and SCUBA; fishing with noxious or poisonous substances; very fine mesh nets, smaller than what is fixed by this ordinance; catching of aquarium fishes; catching of endangered species: “sagiwsiw” or drive in fishing or related methods; clectro-fishing; commercial fishing: fishing with the use of superlights; Tr om me a SECTION 13. PENALTIES. Whoever violates any of the provisions of this Ordinance or whoever is found guilty by a competent court of justice of any offenses in the preceding sections, shall suffer the following penalty ies individually: a, First Offense ~ A fine of ONE THOUSAND PESOS (P 1,000.00) or THREE (3) months imprisonment or both at the discretion of the court; 'b. Second Offense - A fine of TWO THOUSAND PESOS (P2,000.00] or FOUR (4) months imprisonment or both at the discretion of the court; c. Third Offense - A fine of TWO THOUSAND FIVE HUNDRED PESOS (P 2,500.00) or SIX (6) months imprisonment or both at the discretion of the court. Provided, that if the area requires rehabilitation and restoration as determined by the court, the offender shall also be required to restore or compensate for the restoration of the damage; Provided, further, that the court shall order the confiscation and forfeiture of the fishing boat and other paraphernalia used in the offense in the favor of the municipality, and the cancellation of his permit or license or both. The confiscated items shall be deposited at the local PNP and that is shall be incumbent upon the arresting officer/personnel to enter into their dockets arrest/apprehension made, and likewise the Municipal Treasurer or his duly authorize representative shall issue receipts of fine and imposed upon offenders. If the offender is an association, corporation, partnership, cooperative, the presient or manager shall be directly responsible for the act of his/her employees and laborers: Provided, furthermore, The violator may be ordered to render community service relevant to the protection of the fish sanctuary, such as, but not limited to serving in the Bantay Dagat of Barangay Tulapos and in the Bantay Dagat Federation: Provided, finally that, the Management Committee may impose administrative fine and penalties consistent with this Ordinance. SECTION 14: SHARING SCHEME OF REVENUES GENERATED. The fines/penalties and user-fees collected shall be distributed as follows: 14.1 20% shall go to the Municipal Government of Enrique Villanueva; and 14.2 80% shall go to the Marine Management Committee Provided, that such funds shall be used solely for the sustainable management of the area,(Res. No. 2002-27, Ordinance No. 05 e. s., continued) page 9 SECTION 15, SEPARABILITY CLAUSE. If any part or section of this Ordinance shall be held to be invalid, other parts or provisions hereof which are not affected thereby shall continue to be full force and effective. SECTION 16. REPEALING CLAUSE. All ordinances inconsistent with this Ordinance are hereby repealed or amended accordingly. SECTION 17. EFFECTIVITY CLAUSE. ‘This Ordinance shall take effect thirty (30) days after posting a copy hereof at the Bulletin Boards of the Municipal Hall and the Barangay Hall of Tulapos. “APPROVED August 28, 2002 I hereby certify to the correctness of the above-quoted resolution with an ordinance, RUTH BON Municipal Vice-Mayor Presiding Officer Attested assur, 1. BALUCAN Clerk Secretary to the Sangguniang Bayan Designee Approved: svi Oo fun} yor copy furnished: ~ as stated3s! 129" 99 ae Annex A, SURVEY MAP a FI SANCTUARY OF BARANGAY TULAPS.TALINTNG PROUINCE OF S¥ALIOR | AREA! 26,45 Hectares, : Enrique Villanueva TE cone zowe Ey curren zone swimmane [sara Zou] Scale: 1: 255926 = 709, 9 700 1400 Meters