.

/
-Republic ofthe Philippines
City ofIloilo
OFFICE OF TIIE SANGGUNlANG PANLUNGSOD

HON. STEVIE REY I ABITANG

Ex Officio Member

F"d"rabonFre";denf,l

HaN. VICEN1E L. GENGOS. JR

HON. RAUL T. GONZALEZ, JR.

Member
Member

HON. RAMON CUA LOCSIN

HON. MANDRIE T. MALABOR

Member
Member

HON. MA CONCORDIA L. MANlKAN

Member
Ex Officio Member
Membe-r

HON. MARIETTA V. ORLEANS (J'tt9.Ligangmga8aflUl,gllj;)

HON. ARMAND S. PARCON
HON. EDUARDO L. PEi'lAREDONDO
HON. ANTONIO V. PESINA, JR.

Member
Member

HON. MA. RITA B. SARABIA

Member

ABSENT:
HON. ERLll'IDA O. LIBERIAGA (,DnLe.ve)

Member

HON.ER

Member

J.PLAGATA

REGULATION ORDINANCE NO. 1003-133

BASIC

FISHllRY

DEVELOPMENT,

ORDINANCE

FOR

PROTECTION,

THE

REGULATION,

CONSERVATION

AND

DISPOSITION OF FISHERIES AND AQUATIC RESOURCES

AS WELL AS THE RELATED ACTIVITIES IN THE CITY OF
ILOILO

Sponsored by

COlUlcilor

Antonio V. Pesina, Jr.,

seconded

by

Councilor Ma. Rita B. Sarabia

WHEREAS, Article I, Section 16

25 ofR.A 8550 describes the role and scope

f ctive
of every Local Govenunent Unit in the efe
development, protection, utilization and disposition of fish and fishery/aquatic resources
within their respective area ofjurisdiction;
WHEREAS, relative to the above stipulations, RA 7160 othetwise known as the
Local Government Code of 1991 gives autonomy to its Local ChiefExecutive in order to
be selfreliant and independent in the management of available resources to contribute
towards the attainment ofnational goals;
WHEREAS,

the

pressures

in

our

fishery resources

attributed from both

environmental and abusive fishing methodologies has caused a lot of menace in the
prevailing state ofthe fishing areas and reSOlU"ces in the City Waters ofIloilo;

WHEREAS. Region \1

is

--

major producer of fishery/aquatic products and Iloilo

City serves and the major center tor trad and transshipment zone of the stated products
derived both from -aquaculture or capture fisheries;
the attainment of the above stated premises necessitates the
a Basic Fl hli"ry Ordinance to serve M primary basi;;; for the

\VHEREAS

fOlnmlation

of

implementation of effective management, conservalio

development. protection,
utiJization and disposition offish and fishery aquatic resources !is well as Iile regulation
offishery related activities in the City ofnoilo.

Sangguniang Paniungllod of the Cily

NOW. THEREFORE. be it ocdained by th.

of Iloilo" m its regular s

sion a':>sembl-ed, that

ARTICLE!

DECLARATION OF POllCY

Section L

--

It is tIt e

PQlicy of th e L 0''0/ Guv emment of in e City 0/ Iioil(J t(J

develop and protect the .fisheries and aquatic resources declaring there/uri! to be
unlawjU.lj'or f111y persoll or

l11ttty to lola1.e {he rules and regulations stated in lhis

ordittClil ce,.

To attain its objectives the City shaH ensure the implementation of sound poljcies
that concerns tofisheIy/aquatic resources through:
L Conservation and management of its fi hety/aquatic resources to

ensure its sustainabjJily.

2.

Promotion of programs for the rehabilitation of environment and

protection of itg resources with the participation of the c-om.1ituents
that are directly involved or affected.

3. Elimination of dependence of the fisher

folks in destructive fishing

methods by providing comparable alternative- livelihood to pave a

way for the progressive developmr;>nt programs.
4. Giving preference to organ1zed resident fisher folks/fish workers fOf
the utilization of im reE"ources

and ensures

an

ecologically sOImd

fishing. practicf?8.
5. Implementation of regulatory merumres to illicit from being the

trading and transshipment area of pro-duds derived from illegal

t1shing activities, and
6. Adopting of prescribed fishery laws, rules and regulmions mandated
by D,e stale.
ARTICLE II
DEFJNTI10N OF TERMS

Section 2. - For the effective implementation uftlJe ardinanct:j the terms used
In th. <>rdln""Cq shall melm ""ftJI'u>vs:
1. A(.l1ve (',ear - is

of

a fishing

device characterized by movement and/or the punruit

target spe-cies by towing,. lifting, and pushing the gears, surrounding. covering,

dredging. pumping and scaring the target specIes into impoundment such

as

but not

limited to} trawlf purse se:ines, DanIsh seines, bag nets; drift gill net and tuna long hne.

2. Aquatic Pollution - the introduction by hUiftan

or

machi n e,

directly or

indirectly of substances or energy to the aquatit environment whlch result or likely to

result in such deleteriotui efe
f cts
pot.ential arid/or real hazard to. human ho:a1
hindrance to aquatic activities such 8$
jisrung IInU navigfllion, inoluding uumpingiuisposal of wll!l!e lUld other marine Mers,
discharge Qr petroleum or residual products of petroleum or carbouaceolW mattirlrus
substances, and other radioactive, noxIous or ban:nful liquid, gaseous or solid substances,
&om any water, land or air transport or other human-made structure. Deforestation,
unsound agricultural practices such as the use of banned
micah; and excessive use of
chemicals, inte.nsive nse of artificial feed and wetland {;oHversion, whlcb cause similar
bazard, ""d deleterious effects sIulIl ,,100 coniltitute aquatic pollution.
3. Bll!IIled Produ<ts

includes fishery products lhat .... prohibited to b. eJ<trllCled

that is either in processed or fresh fonn as woll

are CITES Hste!l

as

.its by-productE specifically those that

4. BFAR - refers to the- Bureau of Fisheries and Aquatic Resources Re:gioDal

Office No, 6

5.

BFARl\.fC'&

-.

meml$ the Barangay Fiweries

and Aquatic Resources

Management cmmcils

6. CFARMC - means the City Fisheries and Aquatic Resources Management

Council.
7. CITE..

means: the Conv nti on on International Trade m Endangered

Species.
City - refers to the Local Government Unit ofIloHo City and the compusition
ofits admtuim-ative, executive and legislative body.
8.

9, City ENRO - refers to tire Iloilo City Environment and Natural Resources

Office.

10. City Fishennen - llfC person, or group of pernon' th!!l undertake fishing
activities without fishing boat or using .fishing boat that i s lower than three metric tons
(3.0 Mr) gross weight within the City W!!lers equipped with a valid Iic.... IS!lIled by the
City.

11.

City Waters

includes streams, estuarine

creeks, rivers, tidal zones,

g\1v-mnphmds, mangrove areas, an d marine waters included between two (2) Hnes drawn

perpendicularly to 1he general coastline from points who... the boundury lines of dlc city
touch the sea at low tide and a third line paralld to the general coastline that equally
dividos the shore opposite of tho Island of Guimaras contained within tbe- landmark
bounding the City and its neighboring mWlicipaiities as de crlbed in Article ID, Section 3
of this ordinance.

12, Commercial Fi<hing .- the taking of fishery species by pas!HVe

QC

active gear

fi'lf trade-, bu, jnes6 or profit beyond Bubsistence or sports fishing utilizing fishing veflsels

three point one metric tons (J,l Mf) and above gross weight
1.l FAO

means Fisheries A<huinistrative Orders.

14. Fine Mesh Nets

ncts with mesh size of less than three (3) centimeters

me",ur.d b.tween two (2) opposite knots of a full mesh when stretched or,", otherwi.e
determined by llppropriat. government agency.
15. Fisher folks

are people directly or personally and phy,ically engaged in

taking andlor culturing and processing fishery and/or aquatic products.

16. Fisher folk Coop.rative

a duly registered "",oelation .ffisher folk willi

comrnon bond of interest who voluntarily joined togf!lher to achieve a oommon social or
t'conOilltC and making equitable contributions to the capital requireme-nt and accepting a
falf share of the ri sk. and benefits of the undertakings in accordance with univen;:ally
accepted coop endive principle,
17, Fisher folk Organization
an orgaIlizzo
'OUp" association, federation,
alliance or an illh1itution of fisher folks which has at least fifteen (15) members. a set of

officers,

constitution and by-Jaws, and organizafjQnal structu.re and a program of action.

18. Fishing

Gear

any inst:nnne nt or device and its acce!lsories utilized in

catching and/or taking fish and olher fishery species.

is a document j sued b y the city after payment of

19. Fishennen's License

specified fees that -validates the legality offisherylfisbing operations.

20. Fimery Operator

are

pen:;ons ",ilo are indirectly involved in fishing

activities but inveRted a capital for fishing and fishery related activitieN which doeR not
only apply to fishpond and fishing boat operators but also includes hatchery operators
and other related investments,
2L Fish worker
a person regularly or not regularly cmployed in coounercial
fishing and reJated industries, whose income IS either in wage, profit sharing or si:nttifie-d

Rhuring hasis, including thQse working in fish pent!, fish cageJ;, fish corrals, traps,

fishponds, sea farm.:,

and/or packing plants,

Excluded from this category are- administrators, security guards

and admini::.1ra!ors.

22. Illegal Fisbing - an act to perform fishing other than for conSlunpli<J!l and
pleasure without a valid fishery license- or pomit and the intention or performanc of
fishing activities tbat life nOllMtoierable or prohibited by existing laws within the clty 8B
well as possession and selling
ilI,gally derived

or

activities relative hereto- of fishery products that were

23. Ille::gal Fishing G-ears

are gcars n!>'led for pUlposes of fishing that do not

confonn with llie existing laws to include but not limited 10 all kinde of active fishing
but not limited to motbrized push nets, trawls, hulbot hu1b()t, enclosure net
''i:crraoa'', scare gill net Ql "patumbok'" and subsequent gears found to be destructive to
gears snch

a"

fisheries and aquati e resources.

24. Legal Fishing Ge.... - are type of gears allowable for

us.

within llie city

water. ,uch vaat ne 'pear, crabishrimp lift ne hook and line, polo and lim, mnltiple
hand hue, troll line, jig. man push net, cover pot, scoop nethreine, bottom and drift gin
net, drift filter net, kitang tong Hne. beach seine: fine mesh nets used tb catch spO-cifie
allowable spedes, and other gears deemed n01Nrestructive to fisheries and aquatic
re(l()Uf()'fL

Reg Ord. No, 2'003,233, June 1 R :iQ03

25, NGO - Non-govennnent Organization duly recognized and ""credited by th.

City,
26, OCA - refer, to the Office of the City Agricnlturist of the City of Iloilo,

n Passive Fishing Go..-. - are type of gears used for fishing characterized by the
absence of gear movements and/or pursuit of the teu.-get 8pecie8, such as but not limited to
hook and line, fish pots, traps and gill nets across the path of the fish,
28. PNP-MARlG - refers to the Philippine National Police - Maritime Group,
29, Poaching
the encroachment of commercial fishing vessels within the city
waters for purposes offishing.
-

30. Private Sector - are persons or entities that operate business not related to
fishing and fishery but which interests may influence, effect or utili7.-e fisheries resources
(e.g.. restaurant and resort ope'faton shipping and nl:ivigation company, &hip building,
tourist attractions, :fu.ctories, mining and qltal1)'lng operations logging. oil reflOOries and
,

hotels),
31, PUllot ... is: local tenn for Fish Corral which is defined as a stationary weir o r
trap de,,-ised 10 intercept an d capture fish consiS'ting o f rows o r bamboo stakes. plastic
nets or screen or other materials fenced with split bamboo matting with one or more
endosllTes mmalty with easy entrance but difficult exIt

32, Saba10 - rerers to mother bangus measuring sixty centimeters (60 em.) total
longlh and longer
,

13. Sports Fishing - the perfonnance of Jishing aclivily "" a hobby and inte"wd
for recreation and leisure.
34. Sustenance Fishing
tire perf'onnance of fishing not intended for commercial
re!lSDn buI fur purposes of self-coasomption.

35. Women s Sector - refers to women that

are

engage in fishery activities such

as seUing,. value adding and/or processing of products derived from fishing and fishery
aquatlc activitjes,

36. Yooth

are

refurring to pet'So"" fifteen (15) to twenty one (21) ye.... of "!Ie

having interest or im;lination to fishing and fishery aquatic resources.

ARTICLE III

DELINEATION AND CLASSIFICATION OF MUNICIPAL WATERS

Sectiun 3.

Delineating the btJWUiaries of the C

Watersfrom tJ/e Municipal
Waters oftbe Municipalities ofOtfJn and Leganes. Iloilo and theMunidpaiitieso/the
P,oviJtce of Guimoras. The described lenninal po ints below lllerelJy conlain the City
Waters of the City offloil.
Rem""'"

Latitude

Longitude

Beginning at 1

10'45'58"

12235'72"

Legunes Coastal

thence 2

lO'4Y07"

12236' 25"

Terminal Point

Point

;Reg. Crd No. 2003233, yne 18,.;.q0'3

'-

122'37'04"

10'45'02 "
10'44'37"
1O'43'4U"

thence 3
thooc.4
thence 5

122'36'56"
122'36'27"

thence 6

10'43'05"
10'42'12"

thence 8

10'41' 28:"

10'40'36"
10'40'46"
10'40 '42"

122'34'41"

122'34'09"

122'33'42 "

10'l8'57"
10'38'2l"
10'40'58"

122'31 '03"

122'29' 15"
122'29'54 "

thence 7

1b.1lC. 9
!henc. 1 O

Ibence 11
thence 12

122'36'13"

122036'04H

122'35'51 "

122'32'55"

10'40'21"
10'3 9'34"

th.nc. 13

th.nco 14
thence 15

Ibenc. 16

122'32'13"

Olon Coastal

Tenninal Painf'

Section 4, " Wili<OOon of Waters in BOOan. and Iloilo R;,er, It i.!he policy of
the City that fishing activities along the waters of Batiano llIld iloilo Riven; shall be
limited to stationary gears or those that ",we not clw,"Sified as active gear specified by

FAO 201.
Providt'!d; that areas along the river that wen' previously declared by
ordinanc's for specific purpo es Fhall he imposed m: @0m0d necessary.
Section 5, " Zonijirution of tI.. Shordine of tI. . City, For purpo, of coll8laJ
resources management .and area identification, the shoreline of the City shaH be divided

into the (5) zones as follows:

District of Arevalo; ZOl\

ZONE 1

shall comprise the emirt" shoreline .of the

comprises the 0ntire shoreline of the DistrIct of Molo;

ZONE 3- compri !he entire shorelino of City Proper; ZONE 4

shoreline of !he District of La PIIZ, and ZONE 5

District of Jaro.
Section 6.

<'orupri.e. lb. entire

includes the total shoreline of Ibe

AquaCUlture ami Maricuiture Zones.

Aquaculture areas

ate

existing fishponds within the- SAFDZ as well as aroM alQDg both sides of the river
including the mangrove areas may be utilized for marlcuiture activities at a backyard
level subject to the discretion oftechuical personnel from tilet DCA with reft:-rence to the
approved master plan of the Iloilo River De.velopment Plan.
Section 7,

,-,

Regufaud nsking Area

Fishing along the area from the Benigno

Aquino Bridge (Diversion Road Bridge) down ward to the mouth of the river shall be
linllted only to sports fishing lllId no fishing ,truc1nres will b. installed of active fishing
mt;>thods: is allowed

ARTICLEN
LlCI:.'NSING SYSTEM
-::"'$.cti6U 8,

Licensing System. Permit to Inldertai<e fishing and fisheries related

..tivities shall b. is.".d by the City Mayor's Office spon payment of the specified fee.
and as the applicant complies with th requisite documents filat includes a Barnngay
Clearance and C..1ificare of Fisher folk Regi&1ralioll iSmled
comply with the aforemlmlioned requirern(!nw sbail be

a gnnmd for <K-nial

ofapplication.

Sedion 9. Pawers and Functions. The pow rs and functions oflhe officers and

entlticlS involv-Dd in licel1'!:ing is designated <t-'J fvIlQ\\'i5:

7
--

Office of the CiJ:! Mayor

i. given the authorily in tho issuance of

LicenselPl;'rmit subjiJct to the complianc e Qfthe applicant with the required documents
mentioned in Section 8 of this Ordinance,

City Tre4SU1'er's Office -- shall

schedule> of fees

collect tiw required payment

stated in Section Ii thereof, as well

as

as

the

as

a
as

prescribed in the

surcharges

and penalties

when necessary,

Barangay CaptaJ.11.

issued a certification to validate and confinn the residency

of the appliclUll.
OCA - win be tlw entity to reconnnend approval or denial of the applied fishery
activity upon detennination that the applied fishery activity is appropriate and in

consonance with the existing laws.

rules

and regul ations

as

weU as to inspect and oversee

Ihlll Ibe wldertaking i s within the scope ofthe permit !!fanted.

Section 10, EligibiJil] to Apply for a L1.ty Permit/License. A bona fide fisher
folk listed in tiw roster of the fisher folk regiBiry maintained IUld updated by the

CFARClBFAIU,,!Cs shal l be eligi ble to apply and be granted Witll a City

P0ITnttlLic;;.nsiJ. Providea that resident fiBb1;"f folk of th city and p roolW who fish for
se1fsustenance and or sport fishing shall not be required of a perrnit, but need to regisrter
with the CFARMClIlFARMC'. for purpose' of record.
Section 11.
otherwiSf;': known

Typ.s of PU'mitslLiC<lf.Se..

38

As embodied in Section 148 .fRA 7160

the Local Government Code. the pem:tits or hceruws to be grantli"d

will bo issued based on tlw fishi!\!! practices and charged wth

i
following the succeeding schedule offess and payments.
Required Fee

TWes ofLict'ose Permits

a.

Fish Corrrus
*

'"

River AriMlB
(Standard Design: 50 meters maximum

P 500. OOlllllit

length with

1 Catchi
Marine Wasters 7 fatlKtms deeps or less during lowest low tide

(Standard Design : 50 meters maximtun l.ngth with

1 Catching Chamber , 1 Play Gronad, 20-30 meters Leader)
Marine Waters more than 7 fathoms deep
(Above 50 meters maximum length with 2 or more Catching
Chamber IUld Play!!found and more ihIUJ 30 meters I..ader)

I,OOO.OOiunit

1,500.00/lU';t

h. Fishpond,
Freshwlller Fishpond (200 sq.lll . 1.0 Ira Area)

fresbwlllor Fishpoad (more

th3ll 1.0 Ira Area)

Brnekish willer Fishpond

c.

250.00/are"
I,OOO.OOlba
I,OOO.OOlbo.

Municipal Fishi!\!!
Non-Molorized banea with legal fishing gears
" Motorized b81lca less than LO gross ton with legal fishing gears
* Motorized baueR 1.0-3,0 gros s tons with legal fishing gears

M3Ilual Pusb Net (Had-Had)

Fish Aggreling Shelter (Tambon)

C..tNet (lAWa)

200.00/uuit
500.00illllit
l,OOO.OO/tnlit
20.00/unit
20.00/llIlit
5.00lunit

Reg. Ord. No. 2003-233, June 18, 1903

--

Bangos Fry Collector (Bulldozer)

Prawn Fry Net (Tangab)

50.00/unit
50.00/unit

Other Unclassified Fishing Gears

50.00/unit

d. Mariculture Operations

Oyster Beds (per 200 sq. m. area)

100.00/year

Mussel Beds (per 200 sq. m. area)

100.OO/year

Seaweed Beds (per 200 sq. m. area)

IOO.OO/year

e. Hatchery Operation

Prawn Hatchery 1M Production Capacity)

Prawn hatchery (>IM Production Capacity)

1,500.00/year
3000.00/year
1,500.00/year
3,OOO.OO/year

Finfish Hatchery 1M Production Capacity

Finfish Hatchery (>IM Production Capacity)

'*

Freshwater hatchery (Eat1hen Pond)

Freshwater hatchery (Tank Based)

250.00/yeor
500.00/year

'*

Ornamental Fish Hatchery

250.00/year

f Shipment Pennits/Auxiliary Invoices

*

Preserved Processed Frozen Fish (per PIOOO.OO value or

fraction thereof)

'*

O.50/value

Preserved Processed/Frozen Shrimps (per PIOOO.OO value or

fraction thereof)

O.50/value

Fresh !Dried Processed Seaweed (per PIOOO.OO value or

fraction thereof

O.50/value

FreshlDried PreservedlFrozen Shell Meat (per P1000.00

'*

value or fraction thereof)

Live Tropical Fish (per PIOOO.OO value or fraction thereof)

O.SO/value
O.SO/value

Live Marketable Fish (per PIOOO.OO value or fraction thereof)

O.50/value
Live Broodstocks (per 50 pieces shipment or fraction thereof) 30.00/shipment

FrylFingerlings Transport (per lOOT shipment or fraction

thereof)
Other unclassified fishery/aquatic products (per PIOOO.OO

value or fraction thereof

g. Omomental Fish Vending

50.00/shipment
l.OO/value
50.00/yearly

Provided, that shipment declared for purposes of consumption (not to exceed 15.0

kilograms) and shipment below Thirty Thousand Pesos (P3G.GOO.DO) declared value
shall be charged Fijleen Pesos (P15.DO) per shipment as required in FAO 187-1. Series
0/1993.
Section 12. Term o!VaJidity Of Licenses, Shipment Permits/Auxiliary in'l'oices.
The permit is considered granted upon the issuance of the Office of the City Mayor of a
License to Operate and its effectivity
expiring on its anniversary date. Shipment pennits/auxiliary invoices is in effect for five
(5) doys from approval.
Section 13. Registry of city Fisher folks.

Registration of City Fisherfolks or

persons who wish to undertake fishing within the City Waters is necessary for purposes
of preferential right and to detennine priorities required among them as well as to

munitor fishing activi ti es and related purposes in orde r to limit exploitation of the
resourcl!'s by persons or group ofpersoflf" who are not resident of the area. Such list shaH
be maintained by the OeA and published in llFARMC'sfCF ARMC offices with listing
regularly updated and ,ubmitted by the established BFARMC's thl10wing the standard
fonn required by the BFAR,
Section 14,
Regis/ration and Licensing of all Pos/-harvest Fad/Wes. Post
harwst fitcilities utilized in fi sherie s that includ es bUJ: is not limited to fiEh processing
planlll, ice plants. and cold ,tnrnges, fish ports/landing aretlll and other fishery business
estabHshments tnUFt register and be ticensed based on the scbedule of fees in City
Ordinan c e 399 lIS ",.segsed by the j,;c<1lsing Section of the City, Provided, thai it
co mpil es: with the tttiuirmun standru-d a. prescribed by BFAR as stated in Section 60 of
RA8550,

ARTICLE V

CREATION OF CFARMC

Section 15. Creation oj'uU!City F'tshcl'iesandA'IuatlcResourcesManagtment

COJlnciJ. In order to strengthen fhe pe op l e empowennent program {if the government
and to satisty Section 13 ofRA &550 as gmdod by FAO 196, th. r.,id.nt fislwr folks will

be giVffi the privilege to participate in plmming of sustainable activities relative to

fishi n g and fisheries through the creation of CFARMC that will serve .. U,. advisOlY
body ofthe City in its fisheries and aquatic resources programs.

Section 16, CompoIlition of CFARMC. In compliance with Section 73 af RA

8550, there is h ereby created a City Fil>lteries and Aquatic Resources Management
Council herein refurred

lIS

CFARMC which shall b. cOluposed of:

City Plllllill ns Officer

b. ChairpernOll, Agriculture & Fi.her ie s Committee of iho Sangguniong
PanlUllgFod

c,
Represmative of the City Development Council

d. R presentative froID the City Enviromnent and Narural Resources Office

e. Representative &om th e Non-Gove:rmnent Organization

Represe.ntative from the. Private Sector

g, Rep....entativ. from the Office oflhe City Agriculturist, and

b. At least eleven (11) fishe.. fulk repr_ives (seven (7) nnlaicipal fisher
folk
preferably chairperson. ofBFARMC'., one (I) fiab worker, tlu'.e (3)
commercial fis heries ) to include representative from women and youth
II.

s ctorR
Secti on 17, FundiOilS of/h. CFARMC.

The CFARMC created shml function

to:
a.

Assist in the preparation of the city fisheries deve1opm0fd plan and submit

such to the City Development COlmci!. The CFARMC will also be tasked to
of tbe plan :and submit recollmrendations :for

evaJuate implementation
effective

Recommend

the enactment of city fishery

Sanggun-iang Pan h.mgsod through its Committee on

implementation.

ordinances to' the

Agriculture and Fi,heri;
b. Assi st in the enforcement
water;

of fisb

lawsj rul s and regulations in the city

10

c.

Advice

the

S_iang

Panlungsod

on

fishery

mattern

through

its

Committee on Fisheri s. if such has be n organized;

d. Maintain a ye....ly updated registry of fisher folks, fishing boats, types of
e.

fIshing gears, and other particulars relative to fishing ond fisheries;

Be eorurulted and cOQrdinated by the City IlIld BFAR relative 10 the
management,

CODf1lervatlon,

development,

protection,

utilization

and

disposition of all fish and fisherY/aquatic resourc as well as priorities and

fees or charges involving fishing and fisheries.
Section 18.

StltcUfJII Criteria ffJl' the Composition of CFARMC.

Regular

members of the (''FARMC ,hall be selected in .ccordnnce with the following:

a

Fisher folkIFish worker members shall include youth and women sector that
belongs to fisher folk organization, cooperative and associatinn duly
accrodi!ed by the City with preferenco to the elected BFARMC (''hairpersoUll;
they shall carry the endorsement of their respective representation in the form
ofa passed resohItion designating them as the CFARMC representative; IIlUSt
b. . ...,ident of Iloilo City for at leo-" Olle (I) year; ellgnge i n fishing or
relatsd activities as the main source of liwlihood; and 'with good morn!
character and reputation in the community.

h. Youth and women sectors rrmst come -fro fisher fo1k youth and women
c.

organizations duly accredited by lh. City.

NOO and private ctor shall be endorsed and reeonnneru!ed by fisher folk
organizationsIBFARMC's based 011 their involvement and e"Kperti-se in
fisheries and lrack record i n halping city fisher folk nnd in protecting the
fisheries and aquatic resoW"'ces.

d Commercial Fishing Boal Operator ,han b. nominated by

association of

Commercial Fishing Sector.

duly recognized

In the absence of a J'esident

commercial fishers in the City associations of commercial fii:lhing operators

If the
from a neighboring municipality may nominate a representative.
commercial fishing s0ctors full to send representative to the CFARMC after
thre (3) cOilll ultations, the slot shall be given to the fisher folk members.
e. W1tere the CFARMC membership exceed the above allocated mininnun, the
proporllon of the fisher folk members vis
m.mb.... shall be maintained.

vis that of commercial fishing

f OCA representative shall come lhnn the regular peroollllel of the Office of the
City Agriculturist.
Section 19.

Composition of Barangay Fislleria and Aquatic Resources

Managemt1/t COUlIciI (BFARMC's).

The BFARMC's shall he composed of the

foUowing regular members:

.. Chairperson ofS_iang Barangay Connnittee o n AgriculturelFisheries
b. Representative from the Barangay Development Cmmeil
c. Representative from an accredited NGO
d.
e.

Representative:from the private sector

At least eight (8) represenlaliw' of the fisher folkifish workers including the
youth and women sectors.

Section 20.
Council.

Functions of the FlSheries WId AquatiC' ResOW'cts Mcmagem.mt

11

..

As.ist in the preparation of Barnngay or City Development Plan and submit

b.

such phm to the Barangay orCity Development Council,

Recotnrnend the mactmecnt or amendment of the City Fishery Ordinances to
the

SanggunillIl8

Barangay

or

P3Illnngsod

though

its Committee

on

Agriculture and Fisheries,

c.

Assist in the enforcement of fishery laws, rules and regulations in the City

Water, llIld
Advice the SanggunillIl8 Bl1l'llIlSay or Panlnngsod on fillhery matters through
itsCommittee on Agriculture and Fishmes.

Section 21.

OjJicers of the CFAlt.YClBFARMC'1I.

The Officers of the

CFARMClBFARMC'. Ilhall constiluW the fullowing: Chairperson, vice Chairperson,

Secretary Trerururer. Auditor, Press Relation Officer and Sergeal1t nt ArnlR Its offieers
shall come from amo"l! the regull1l' fillher folk members pursu..ut ro FAO 196.
Section 22, T<T'InS of OjJic<J.

The terms of office of regular fi.lrer folk members

ofCFAR1\!C/BPARMC will be two (2) years while representative fi'OUl the government
instirution will be dependent Q!l ille appointment ofits immedinte supervisor,
Section 23,

Filli.ng of Vacana-es.

Thv position of every regular fisher folk

representative in theCFARMCIBFARMCs will be deemed vacant as he/she ceases to be

an active participant in th\'l regular activities of the council. Such CirCl1ITlStant'e becomes
valid cause for the selection of a new representative following the previously stated

criteria
Section 24. SUIlC/IUa/ Framework. The described structural framework in FAO
196 will b. ill. primary guidelines to be followed by theCFARMCIBFARMC's crented.

Section 25,

Dep"Ii,zIlJ;on of Deputy F'tsh

CFARMCIBFARMC members IlhaII undergo training in fillheries law onforcement and

will be d"Putized as fish warden. ro function ror !he purpos.s.
Section 26,

Cremina Of Commite
t e

on.

Agrlcu1ture and Fisheries.

The

SanggutllllIl8 Panlu!lgsod and the SanggunillIl8 Barnnguy shall create 1IIe Committee on
Agriculture: and Fisheri\'ls and appoint 1b3 C1mirpersons to complimeut the requirement of
Se<:tion 15-b and 18a., respectively, ofth18 ordinan-ce.
ARTICLE VI

FlSHERlES DEVELOPMENT PLANNING

Section 27, FormJdalion of DeYeiopment Plans for F'tsheri.. SeeLor. With the
intention to Implement the provisions of the Philippine Fisherie:s code, formulated
Fisheri.,

Development Plans b

the CfARMC IlhaII be

mtegrared to !he City

Development PI!I!IS,
Section 18.

Objectives of the FiShery Deulopm.mt PI"", The Fisheries

Development Plan is directed toward. Ore attainment of the following objectives:
a.

To obtain

a fI"xible policy !ow""ds the attainme nt of the targeted go al s of

protecting the rights of iu. constituents in the formulation of ordinances

without jeopardizing the state of its existing fisheries/aquatic resources;

b. To develop a rational plan to maintain the ecological balance of ill.
fisheries/aquatic environment.

12

c. To incorporate development 1)lans to address the fore:reen activities that will

eventually affect
utilization.

u. To establish

a slnilegie progrrun to absorb dispi""ement of fishery/l!Jjl1atic

resources dependents that win provide
onomjc benefits to eompensaW the

lost opportunities, and

e, To protect the rigbtB and privileges of tile resident su

istence fisher folks,

Section 29. App'UI'"process ofthe Fishenes Development Plan. The planning

and fomrulalion process orlbe development plan shall be complied to eope willi lbe cily
planning and

development

calendar and

presented

to

lbe

development planni ng

conunittee- for purposes of prioritization 3Ild shall be approved based on the protocol
adapted by lbe Cily Planning and Development Oftlce.
ARTICLEVlI

MUNICIPAL F'ISHERFOLK ORGANIZATIONSICOOPERATIVES

Section 30. Reeogni1ion/AL.-'CJ'ediiailmt Process,

Any registered organization or

cooperative shall be recoguized as long as it had uude'fgone a .general principle in the

ives. Such group ghat} b\f active as evidenced by its
fOfIJ:lfit lon of organization Of coop
updaled reoords and documents !hal shall be required for presentalion to lbe OCA or the
Iloilo City cooperative Development Offic? It il:! the obligation of every cooperative or
organization to regularly ltpdate its records yt"arly to the stated {tffices to maintain it>!.,
.recognition/accreditation.
Section 31.

Privileges and FunctiOltS.

The accredited cooperatives or

organizations shall be privileged to actively participate as representatives to commitwes

or any related formation as: deemed nece13sary by the City and exercise its functions as
required.
Section 32. Incenti.ves. The recognjzed/accredited organizations or c()op0ratives
shall enjoy as priority recipients of whatever development programs or dole out
paraphernalia thai may be provided by lb. City, BFAR and other developmelll
institutions as well as those stipulated in exjsting: 1&\1'".5.

ARTICLE VIII

PROHlBmONS A-"!D PENALTIES

Section 33. Fishing or undertaking jbTu,.,laqaatic "laud adtiWeg without

license. No- person or entity shall be a1iow d to explOit. OCCUPY, produce, breed, culture,
capture or galber fish fry or ling<>rlings of any fishery speci or fishery prod"c" or
engage in any fishery activity in the city waters without a valid license.
Any person discovered fishing williin the oily WIllers not listed in the registry of
uity fisher folks and without pennits or documents shall constitute a prima facie
presumption to have engaged in unauthorized fishing. Provided, that fishing for daily
tood sustenance and for leisl.lfe or sports which is not intended for corrunercial.
occupation or livelihood purposes may be allowed.
Penalty for any person who commits such vio1atlon is pWlishable by

a fine

of one

thousand pesos (P l,OOO,QO), confiscation of catch or imprisonment of not more than

the court.

(6) mon1h, or both upon the discretion of

six

Reg. Ord. No.

2003233, June 18, 2003

13

--

Section 34. Poadting by commerciai fishing boaJ.s within City Waters, It shall
be unlawfid for any conunercial fishing boats to fish within the City Waters.
Any conunercial fishing boat found fishing within the City

'aters bas the

liability of illegal acts that is subject to a fine of two thousand pesos (P2,OOO.OO) or the
total value of the catch whichever is higher as well as the confiscation of its catch and
reconunend for the revocation of its license by BFAR The Boat Captain or the three (3)
highest officer shaH be punislled by imprisonment of not more thBll six (6) months or
upon the discretion of the Court.
Section 35.

Use 0/ Active Gear in City Waters. The use of any active gears

as

defined in Section 2 of this ordinance or as deemed destructive to the fishery resource by

the CAD, BFAR Blld competent authorities shall be unlawful in City Waters.
Violators will be subjected to a fine of two thousand pesos (P2,OOO.OO) or the
total vaJue of the catch, irnpolUldment of fishing boat, and confiscation of fishing
paraphernalia and its catch. The three- (3) highest offer or operator of the- boat will be
subjected to imprisonment from two (2) to six (6) years or upon the discretion of the
cowi.
Section 36.

Use of Fine Mesh Nets.

It shall be tmlawfuI for any person to

engage in fishing with the use of fine mesh nets as defined in this ordinance. Provided,
that prohibition in its usage shall not apply when it is intended to gather live fry or
cultivate species, glass eels, elvers, tabios, Blld alamang or such other species which by
their nature are matured at small sizes as identified by the implementing rules and
regulations of RA 8550 or when its use is intended for research or scientific purposes
with prior coordination to the City Govenunent.
Violation of this section will subject the offender to a fine of two thousand pesos
(P2,OOO_OO) or imprisonment from six (6) months to two (2) years or both such fine at the
discretion of the Cowt.
Section 37.

Fishing with the /lse Of Exploslve

Poisonous Substances.

It is wIlawful

Formalin, Noxious 01'

to use explosives, noxious or poisonous

substances, BllW'or electricity in catching, taking or cause to catch or gather fish or BllY
fishery species with the use of electricity, explosives, noxious or poisonous substances
such as sodium cyanide, fonnalin to kill, stupefY, disable or render lmconscious fish or
fishery species. PrOVided, that subject to such safeguards and conditions deemed
necessary, such act may be allowed by the City with proper clearance from BFAR.

Provided. further,

that the use of poisonous or noxious substances to eradicate predators

in fishponds in accordance with accepted scientific practices and without causing adverse
environmental impact in neighboring bodies of waters and grounds shall not be construed
as illegal fishing. PrOVided, finally, that all provisions stated in Section 88 ofR.t\. 8550
shaH be the primary basis of violations relative to this section of the ordinance.
Penalties for the violation of this section are

1)

as

follows:

Mere possession of explosives, noxious or poisonous substances or

electro-fishing devices for illegal fishing shall be punishable by
imprisonment ranging from six (6) months to two (2) years.

2) Dealing in, selling, or in any manner disposing of, for profit, illegally
caught/gathered fisheries species shall be pWlished by imprisonment
ranging from six (6) months to two (2) years.

Reg. Old.

No.

2003-233, JuneJ ,.1003

14

..

--

3) In

alJ cases emunerated above. noxious or poisonous subshmces

and/or eJectrical @vices as wen as fishing vessels. fisbing equipment

and calcb sban be forfeited in Javor of die City for disposal subject to
existing laws.
Section 38.

Capture of i1SabaJo" and/or other BreederslSpllWners,

gathering or pQ8session of
spawners as determined by
intended for local bre.eding
purpose, a permit shall be

Catching,

mature milkfish or "sabalo! or such other breeder Qf

the guidelines set by BFAR is illegal except when it is
and/or scientific research pttrp0MS. To detennine such
secured prior to its shipment/transshipment in the City

transport facilities.
Violation

of this

section

of

the ordinance

is

subject to tire penalty of

imprisonment of si. (6) month. to two (2) years ond!or fine of two thousand pesos
(2,000.00) and forf.itur<> oflbe calch/goods including Ibe equipment used in favor of!he
City for proper disposal based on existing guideliMs set by BPAR..
Section 39. Fishing

or

Taking .fRar Tltreal.tntdSpccies.

to fish or take as wen as tr-ausport Qr transshipment of rare threatened species as listed in

(.= ....d as d.",nnined by BFAR in the City.
This ,ection when violated ,hall subject the nfllmd er to punishment by
imprisonment of six (6) months to two (2) years andlor a fine of two thousand pesos
(P2,OOO.OO) and Ibrfeiture of Ibe calctJgood, in favor of lb. City for prop.... disposal
based cn exi'ling guidelin ,et by BPAR.
Section 40. Aquatic P(!lluJ.ion.
shall he unlawful.

Aquatic polJution as defrned in this ordinance

Any p erson mOT institution discovered to be: disposing substances or relative

compos:itioos that causes aquatic poHution shall b punishable by imprisonment of six (6)
montbs to two (2) years ""dinr n fine of two tlIDusand pesos (P2,OOO.OO) plus lID
additional one thousnnd pesos (Pl,OOO.OO) per dny until such violalion ce..,os and lbe
lines paid.
Section 41. Cutting vIMangraYes and Com'ersion of Mangr(JVe Area. I1shall
be lllllawful for any person to cut mangrovehl or convert mangrove areas into other
utilization within the territorial bowu:1ari's of the city.
Violalion of the provision of thi. section sh.lI be punishable by six

(6) monthe 10

two (2) years imprisoruru>nt or penalty of two lbousand peso. (P2,OOO.OO) or both upon
the discretion of the cowt The offender shaH further be required to r0habjJjtat and

festore or compensate for the restoratlon of the dBJ.l138e area

Section 42. OiJstrUcUffIl of Fishery Law Enforc<mmt officer. Fishing boat. or
persons who evades:. obstructs, or hinder any fi shery fa!' enforcffilent Qfiicflr perfonning
his duty pursuant to this o,din..l shilll be tined fiye tilUusalid pesos (P5,OOO.OO) and
made liable of any intended vjola1ionis.
Section

43.

Standard/".unimum

terms

Ih'tnseslviolation... It shal l b. ftl. b"sic policy for

atld

conditions

of all fishing

licensed fisher folkl' to:

15

1. carry or pos! the pennil gl1lnted to be ready for presCfltlltion when

inspection is being carried out_

2. not to construct fishingJfishory sfructun>. th.t may obsfructlhinder

navigation and/or migration paths along the City Waters;

3. abide with the prescribed color coding that shall be RED

noo-

motorized banca without sail; YEiJ....OW - non motorized butlca with

said; BLUE - motorized fishing boat los. than 2.0 gross ton; GREEN
mo!orized fishing boat 2.1 gross ton and higher postod in a circle of
one (1) footh circumference at both si<ks of th boat's front portion;

4,

n fer to arbitration as 00 alternative digputes settl'MTit'ot ruechani-shm

prior to the filing: of cases. to the Court; and,

5. assume liobility 10 P"l' ror environmental r1amnges ca"sed by it.
operation or in appropriate cases the license be required to rruse bond
for security.
ARTICLE IX

ENFORCEMENT

Section 44.

R<splJll.Siblt Ofjlc""

The Office oflbe City Agriculturist shall be

responsible as the lead department of the City in carrying out efiective enforcement of
rules and regulations stat.ed in this ordinance and shall st'ek assistanoe of BFAR,
CENRO, PN"P MARIG> Iloilo City Prosecutor's Office and other agencies that may be
deemed necessmy,
Section 45<

Bant", DagatiCommunity Brigade. Community brigade that shall

be named Doilo City B,mtay Dagat Group will be formed 10 pW]losely ..siilt in the
enforcement of the rules and regulations of this Qrdinance" Its fonnation will be based on
the guidelines set by BFAR and shall b. initiated at barnngay and city level.
Seetinn 46<

Puwers and FUl1ruons.

The orgulliz.ed Iloilo City B!I1lI"l' DllgBI

Group shall be given the powe... of implementing this ordinllIlce subject to Executive
Order to iSSIIed by lb. Chief Executive of the city as stated in Chapter J, Article I,
Section 455. Parngraph 2 item (iii) of RA 7160 otherwise known as the INcal
Govemmellt Code. It shall function as Deputy Fish Wardens to implement fishory ndes,
laws and regulations stated in this ordinance within the jurisdiction of the City.
Section 47.

Training.

Completion of training for Ibe deputizution of fish

wardens conducted by BFAR shall be the primary requi.ite prior to the issuance of
City Bantay Dagat Group and to fhuction as such.

Executive Order to the Iloilo

Section 48. A<'<I'ediatioll. Docnmentory requirements shall b. ,",compli,hed by

the doputized members for the ",,<reditation

of the

Iloilo City Bant1!.y Dogat Groep to

Philippi"" National Association of Fish W,..dens Incorporated

Section 49.

(PHIL-NAP).

1ncentl",. f(}1' Iloilo City Banlft)' Dagat Group

For the .Jfective

implementolion of the campaigu against illegal fishing in the City, the Bantay DllgBI
Group shall be upprepri.red with five thousand pe"". (P5,OOO.OO) per month l<>

cover

mcenttve allowance of the members invOlved,

Section 50. Appropriations. To efth1ively carry out 1!te provisions of this
OrdlD!lllCO, a Iill!1l of Ono Hurulred Thousand Pesos (PlOO,OOO.OO)
appropriated from Ihe flmd. ofthe City. A fix aIOOunt will bo incorpol1ll.d in the Annual

16

Budget upon determination of the required filllds to support implementation of this

ordinance
_

Of'

Section 51. Sepcrabi/it:y Clcmsc, For whatever reason that:my provision, se,;tion
part of this ordinance is dechlred invalid by the Com of competent juriBdictiotl., such

shall not affect

enforced.

or

impair other provisions, section

O[

parts which shall continue to. b\'!

Section 52. Clari.jicatory C1ause. AU laws, mies and regulations as stated i n RA

8550 and other relative laws not stated hereto ,hall he adapted in the City.
Section 53,

Repealing Clause,

All ordinam:;:e8 rules and regulations or part

thereof in conflict or inc-Onsistent to the provIsJom: stated thereof are deemed repealed or
moditled accordingly.
Section 54. Am:txUJ'e,
P'gure 1

-IB

a map f<[!rodnoedlfom NAMRIA Navig>rtiona! Chart No. 4416.

Section 55. EjJectiYIty, This ordinance shell take effect

publication in the newspaper onocal and national circulation.
ENACTED, Juoe 18, 2003.'
I heJ1)by ctlrtity to the COffi>ctnese ofthe- above quob>d ordinance.

UTII Il. ARROYO

oard Secrelary IV

-.

V.L. FACULTAD
."......, 0

VICTOR

/
ATTESTED:!'

tV
,

i
J

/;'

,,*,,/1YjMA/1

D,!OSDADA C, GARJ\.DO
/ City Secretary Ml ,
, 1/"'1f