1.

The ordinance entitled Comprehensive Fishery Code of the

Municipality of 2008 of the Miagao is in conformity with the
Philippine Fisheries Code of 1998, also known as Republic
Act 8550. Last February 27, 2015, R.A. 8550 was amended
into R.A. 10654. The said ordinance should be consistent
with the amended R.A. 10654.
2. In Section 4. Definition of terms no. 34 should be changed
into R.A. 10654, An Act To Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing.
3. According to R.A. 10654 Chapter II Article 1 Section 18 Rule
18.2, small and medium commercial fishing vessels may be
allowed to use active gears such as purse seine or
pangulong, ring net or taksay and such other gears that
do not touch the sea bottom. This should be added under
Section 9. Users of Municipal Waters of the said ordinance.
4. Article VII Sec. 59 of R.A. 10654 states that such post-
harvest facilities shall be consistent with the
Comprehensive Post-Harvest and Ancillary Industries Plan.
This statement is not found under Sec.48 of the said
ordinance.
5. Section 64 of Article IX does not have a corresponding
penalty if fine mesh nets are used. Under Sec. 93 Chapter VI
of R.A. 10654, the administrative fine for municipal
fisherfolk is P20,000.00 but if it fails to pay the fine, he
shall render community service. Upon conviction by a court
of law, the captain or master fisherman in the case of
municipal fisherfolk, shall be punished by imprisonment of
six months to two years and a fine equivalent to twice the
administrative fine, and confiscation of catch and gear.
6. According to Section 62 of Article IX, the illegal use of
superlight was increased from P2500 to P20000 per superlight
and confiscation of catch, superlight and gears. However, in
lieu with the RA 10654, it says that if the offender is
 municipal fisherfolk, he may render community service if he
fails to pay the fine.
7. A new prohibition in the amended RA 10654 is Sec 95 which is
the use of Active Gear in Municipal Waters, Bays and other
Fishery Management Areas. It states that It shall be
unlawful in fishing in municipal waters and in all bays as
well as other fishery management areas using active fishing
gear. The administrative liability for the owner, boat
captain, and the master fisherman of the vessel for
municipal fishing shall be punished with the confiscation of
the catch and fishing gears, and a fine three times the
value of the catch or P20000 whichever is higher: Provided,
That if the offender fails to pay the fine, he shall render
community service. On the other hand, upon conviction by a
court of a law, the offender shall be punished with
imprisonment of two years to six years and fine equivalemt
to twice of the administrative fine, confiscature, and
forfeiture of fishing gear and catch.