MUNICIPALITY OF BINMALEY

PROVINE OF PANGASINAN

OFFICE OF SANGGUNIANG BAYAN

MUNICIPAL ORDINANCE NO. 03, 5-2006

AN ORDINANCE REGULATING FISHING AND/OR FISHERIES IN MUNIPALITY OF

BINMALEY , PROVINCE OF PANGASINAN AND FOR OTHER PURPOSES,
OTHERWISE KNOWN AS THE 2005 REVISED FISHERY ORDINANCE OF
BINMALEY.

DIRECTED BY; SAM JUN A. SISON, SAM LEO G. URMAZA AND SAM CECILIO P.
TERRADO JR, M.D

IS IT ORDAINED by the Sangguniang Bayan of Binmaley, Province of Pangasinan

SECTION 1. This Ordinance shall be known as the 2005 REVISED FISHERY

ORDINANCE OF BINMALEY and shall enforced in conjunction with laws, decrees, and
rules and regulations of fishing and/ or fisheries already promulgated or that
promulgated regarding the matter.

A.DECLARATION OF POLICY AND DEFINITION OF TERMS

SECTION 2A. DECLARATION OF POLICY - It shall be the policy of the municipality

of the fisheriersand and aquatic resources of coastal and inland waters shall under an
access policy for the exclusive use and enjoyment of Filipino citezens.

It shall be a policy of the municipality to achieve food security as the overriding

consideration in utilization, management, development, conservation, and aquatic
resources in order to provide the food needs for pupolation. Newbie policy towards the
attainment of food security shall be adopted in response to ages in democratic trends
of fish emerging trends in the trade of fish and other products in domestic and national
markets, and the law of supply and demand.

SECTION 3A. DEFINITION OF TERMS As used in this Ordinance, sentence and

phrases shall mean as follows:
1. Auxilliary Invoice the document issued by the municipality for a prior to the transport
of fishery products from the point of origin to their point of destination upon payment of
the fee prescribed by the ordinance.

2. Aquaculture fishery operations involving all forms of raising and culturing fish and
other fishery species in fresh , brackish and marine water areas.

3. Aquatic pollution the introduction of human or machine , directly or indirectly, of

substance or energy to the aquatic environment which result or likely to result such
detertious effects as to harm living and non- living aquatic resources, pose potential and
real hazard to human health, hindrance to aquatic activities such as fishing and
navigation, including the dumping/disposal of waste and other marine litlers, discharge
of petroleum residual products of petroleum or carbonaceous materials/ substances,
and other radioactive, noxious or harmful liquid , gaseous or solid substance from any
water or land or air transport or other human made human structure. Deforestation,
around agricultural practices such as used of banned chemicals and excessive air of
chemicals, intensive use of artificial, and wetland conversion, which cause similar
hazards and decterious effect shall also constitute aquatic pollution.

4. Aquatic Resources include fish, include all flora and fauna and other living
resources of the aquatic environment, including but not intend to salt and corals.

5. Closed Season the period during which the taking of the specified fishery species
by a specified fishing gear is prohibited in a specified areas in municipal waters.

6. Color Coding System- is a system, which has identifying mark on a fishing boat
according to the division and classification of the municipal water. It shall be four (4)
inches side and four (4) feet long situated at the upper portion of the bow, port and
starboard side of the fishing boat.

7. 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:

8. Coastline refers to the outline of the mainland shore touching the sea at mean
lower low tide.

9. Coral Reef- a natural aggregation of coral skeleton, or without living corals polyps,
occurring in intertidal and subtidal marine waters.

10. Deleterious Method of Fishing- is fishing with the use fishing gear/ method which is
harmful to the growth of corals and its environment and / or detrimental to the habitat of
marine life.
11. Communal Fishing Ground- tidal waters included within the municipality not being
the subject of private ownership and not intended for the purpose of growing and/ or
culture of fish. A fishing ground for ambulant fishermen using catch and easy apparatus
such as gill nets, push nets (sayosor), cast net (sabokol) devised to catch fish and other
fishery products.

12. Demarcated Areas- boundaries defined by marker such buoys and assigned
exclusively to specific individuals or organizations for certain specific and limited use
such as: Mangrove plantation or reforestation, catching or taking bangus fry or fry of the
species, culture of oysters and green mussels, seaweed farming, fish shelters, and
fishing with the use of hook and line; Fish Culture in fish cages, sea ranching, passive
fishing gears such fish traps, fish attracting and aggregating devices such as artificial
reefs and payaos: and commercial fishing with or without fishing vessels of less than 3
GT; Commercial Fishing vessels of more than 3 to 150 GT.

13. an amount fixed fixed by law of ordinance for regulation of business and
activity

14. Mash Net - net with mesh size of less than three (3)centimetres measured
between two(2) opposite knots of full when stretched .

15. Fingerlings a stage of fish measuring to about six (6) to thirteen (13)centimetres
depending on the species.

16. Fish Coral or Baklad a stationary trap devised to intercept and capture fish
consisting of rows of bamboo stakes of other materials fenced with split bamboo matting
or wire nettings with one or more enclosures usually with any entrance but difficult exi,
and with or without leaders to direct the catching chamber or pursue.

17. SkyBlue - a stationary trap devised to intercepts and capture fish consisting of rows
of bamboo posts with one enclosure at the end for easy entrance of fishes and algae is
placed therein to attract fishes from entering the same.

18. Fisherfolk people directly or personally and physically engage in taking and for
culturing and processing fishery and aquatic resources.

19. Fisherfolk Cooperative a duty registered association of fisher folk with a common
bond of interest, who have voluntarily joined together to achieve a lawful common social
economic end, making equitable contribution to the capital requirement and accepting a
fair share of the risk and benefits of their undertakings in accordance with the
universally accepted cooperative principles.
20. Fisherfolk Organization an organized group, association, federation, alliance or an
institution of fisherfolk which atleast 15 members, a set of officers, a constitution and by-
laws, and organization structure and aprogram of action.

21. Fishfry - a stage at which a fish has been hatched usually width from 1 to 2.5 cm.

22. Fishing - the taking of fishery species from their wild state or habitat with or without
the use of fishing vessel.

23. Fishing Gear any instrument or device of its accessories utilized in taking of fish
and other species classified as:

Active Fishing Gear is a fishing device characterized by a gear movements,

and/or pursuit of the target species by towing, lifting, and pushing the gears,
surroundings, covering, dredging, pumping, and scaring the target species, such as but
not limited to, hook and line, fishpots, traps and gill nets.

24. Fishing License a document that qualify a person/ corporation/ association/ to

operate fishing activity/ies for a duration in municipal water.

25. Fishing Operator a person or duty registered corporation/ cooperative /

association who are directly engaged in the taking and / or culturing the process fishery
and/or aquatic resources, gather bangus fry of other species, construct and operate
fish coral/ pond/ pen /trap/ farming and other fishing activities.

26. Fishing Permit- a document which the municipality allows the license to conduct
fishing operation in municipal waters.

27. Fish Pond- a land based facility enclosed with earthen or stone materials to
impound water for fishing growing fish.

28. Fishery Refuge and Sanctuary a designated area where fishing to other forms of
activities which may damage the ecosystem, of the area of probihited and human
access maybe restricted.

29. Fishery Reserved is designated area where activities are regulated and set aside
for educational research purposes.

30. Fishing Boat Vessel/Boat any boat, ship other water craft equipped to be used for
taking fishery species or aiding one (1) or more vessels in the performance of any
activity relating to the performance of any activity relating to fishing including but not
limited to, preservation, supply, storage, refrigeration, transportation, and/or
processing.
31. Fishing with Electricity the use of electricity by dry cell batteries, electric
generators or other sources of electric power to kill, stupefy, disable or render
unconscious any fisheries/ aquatic products in both fresh or sea water areas.

32. Fishing with Explosive the use of dynamite, other explosive or other chemical
compounds that contains combustible elements or ingredients which upon ignition by
friction, confusion, percussion, or detonation, of all parts of the compound, will kill,
stupefy, disabled to render unconscious any fishery species. It also refers to the use if
any other substance or device which cause an explosion that is capable of damaging
and altering the natural habitat.

33. Fishing With Obnoxious or Poisonous Substance the use of any substances, plan
extract or juice therefore, sodium cyanide compounds or other chemicals either in a raw
or render unconscious any fishery species and aquatic resources and capable of
damaging and alerting the natural habitat.

34. Fishworker a person regularly or not regularly employed in commercial fishing and
related industries, whose income is either in wage , profit sharing or stratified sharing
basis, including those working in fish pens, fish cages, fish corrals/traps, fish ponds,
prawn farms, sea farms, salt beds, fish ports, fishing boats aor trawlers, or fish
processing and/or packing plants, excluded from this category are administrator.

35. Pyle Net (Pasabing) a stationary trap devised to intercept and capture fish,
consisting of two walls of net forming V shape with catching chamber at the point of
intercections of thye two walls.

36. Inibot hulbot (Danish Serine , Bira- bira, Zipper) refers y\to the fishing gear
consisting of conical shaped net with pair of wing, the ends of which are connected to
the two ropes with burt or similar materials serving as a herding of scaning device, with
hauling ropes passing through a metallic ring attached to ton weight knows as a
flinggote in the vernacular, when hauled into the fishing boat.

37. Illegal fishing the use of explosives, obnoxious/ poisonous substances, electricity,
other method prohibited as a defined innthis ordinance.

38. Inland Fishery the fresh water fishery and brackish water fishponds.

39. Lagaon a stationary fish shelter consisting of rows of any cut branches of trees
devised to trap fishes and oter fishery product.

40.Mangroves a community of intertidal plants including all species of trees, shrubs,

vines , and herbs found coasts, swamps.
41. Monitoring Control and Survellance Monitoring the requirement of continuously
observing; 1) fishing effort which can be express by the number of the days or hours of
fishing, number of fishing gears, and number of fishers foils, 2) characteristics of
fisherue resources; and 3) resource yield (catch). Control the regulatory conditions
and legal framework under which the exploitation, utilization, and the disposition, of the
resources may be conducted; and Surveillance the degree and types of observation
required to maintain compliance and regulatios.

42. Municipal Waters include not streams, lakes, inland bodies, of water and tidal,
waters within the municipality which are not included within the protected areas as
defined under RA No. 7586 (NIPA Law), public forest, timber lands, forest reserves or
fishery reserves, but also marine waters included between the two(2) lines
perpendicular to general coastline from points where the boundary of lines of the
municipality which touch the sea at low tide and a third line parallel with the general
coast line including offshore islands and 15 kilometers from such coastline.

Where 2 municipalities are situated wit opposite shores that there is less than 30
km of marine waters between them, the third line shall be equally distant from opposite
shore of the respective municipalities.

43. Oyster Bed a stationary culture beds for growing oyster consisting of rows of
rubber tire strips or bamboos stake into the ground.

44. Oyster Culture the cultivation of oyster in suitable water areas by method of with
appropriate intensive care for production purposes.

45. Purse Seine a form of encircling net having a line at the bottom passing through
rings attached to the net, which can be drawn of pursed. In general, the net is set from
as boats or pair of boats around.

46. Resource Rent the difference between the value of the product produce from
harvesting a publicly owned resource less the cost of producing, where cost includes
the normal return to capital and normal return to labor.

47. Trawl an active fishing gear consisting of a bag shaped net with or without outer
boards open its opening which is dragged or towed along the bottom or through the
water column to take fishery species and staining them from the water, including all
variations and modifications of trawl ( bottom, midwater, and baby trawl and tow nets )

SECTION 4B.01 DIVISSION AND CLASSIFICATION/ ZONIFICATION OF MUNICIPAL

WATERS
 The municipal waters within the jurisdiction of this municipality for purposes
granting the fishery privileges are divided and classified/zonified hereunder:

1. CLASIFICATION OF RIVERS

A CLASS A

Rivers with widths not less than 80mtrs include rivers covered by; Zone 1-3; 2-2A; 1-5;
9-12A; 13-15; 15-16

These rivers can accommodate the following fishing apparatus:

1. Pasabing
2. Oyster bed

PROPOSED NAVIGATIONAL LANE , BUFFER ZONE AND ALLOWED FISHING

APPARATI OF THE
CLASS A RIVER O BINMALEY

ZONE AREA Navigational Minimum Allowed

(Hectares) Lane Width (m) Buffer Zone Fishing
Width (m) Apparati
1-3
(Manat, 33.48 20 5 157
Naguilayan,
LInoc, Gayaman
2-2A( Naguilan,
Gayaman) 8.4 20 5 42
1-5 (Naguilan,
Amancoro, 25.96 20 5 129
Camaley,
Balogo)
9-12A
(BIec, Lomboy,
Malindong, 10.56 20 5 52
Poblacion
13-15
(Caloocan Sur, 24.84 20 5 124
Caloocan Norte,
Dupo,
Salapingao)
15-16
(Salapingao , 8.46 20 5 43
Sabangan )
SUBTOTAL
557
B. CLASS B
-Rivers with widths 50 meters include rivers covered by Zones 5-8; 11-12A; 12-13-
13d;
-Thes rivers can accommodate the following Fishing Apparatus:
1. Oyster Bed
2. Pasabing
ZONE AREA Navigational Minimum Allowed
(Hectares) Lane Width Buffer Zone Fishing
(m) Width (m) Apparati
5-8 19.8 15 5 99
(Camaley,
Balogo, Balagan,
Pallas, Pototan)
1-9 5.4 15 5 27
(Biec, Manat,
Nagpalangan)
11-12A 7.92 15 5 39
(Malindong,
Lomboy))
12-13 12.0 15 5 60
(Biec, Poblacion,
Caloocan Sur)
13A,13B,13C,13D 11.86 15 5 58

SUBTOTAL
283

C. Class C
- This Includes rivers with widths of 30 meters to 49 meters 49 meters covered by
zones 14 14A,15- 15A, 15B, 15C
ZONE AREA Navigational Minimum Allowed
(Hectares) Lane Width Buffer Zone Fishing
(m) Width (m) Apparati
14-14AC 5.76 10 5 28
(Salapingao)
15-15A 11.52 10 5 57
(Caloocan
Norte)

15B-15BC 4 10 5 PROPOSED
(Sabangan, SANCTUARY
Buenlag)
SUBTOTAL
85

D. CLASS D
- Includes rivers with widths 29 meters below
- These rivers are all communal fishing ground.
- No fishing apparatus shall be allowed in this rivers.
ZONE AREA Navigational Minimum Allowed
(Hectares) Lane Width Buffer Zone Fishing
(m) Width (m) Apparati
NO FISHING
APPARATI
ALLOWED
Subtotal
Grand Total
925

Section 4B.02. CLASSIFICATION OF COASTAL WATERS the coastal waters of

this municipality include the coastal water of Barangay Baybay Lopez, San Isidro
Norte, Buenlag and Sabangan.

Section 4B.03. USES OF MUNICIPAL WATERS All fishery related activities in the
municipal waters within fifteen kilometers from the general coastline of the
municipality at low tide,as defined in this ordinance, shall be utilized by the municipal
fisher folk and their organizations listed as such in the registry of fisherfolk. Provided,
that in the absence of such organizations and cooperatives of their failure to
exercise their preferential rights other parties may be granted fishing privilege
according to the provisions of RA7160 and RA 8550.

Section 4B.04 ELIGIBILITY FOR FISHING AND/OR FISHERY PRIVILEGES A

licence to engage in fishing and other fishery related activities may be issued to the
following:
a) Citizens of the Philppines preferably bona- fide residents of Binmaley,
Pangasinan;
b) Cooperatives operating in this municipality

Section 4B.05. GRATUITOUS PERMIT - A gratuitous permit maybe issued to any

government agency or institution of learning by the municipal government to engage
in any fishery related activity in any water area for scientific research or educational
purpose, subject with to the terms and conditions as maybe imposed .
Section 4B.06. REGISTRY OF MUNICIPAL FISHERFOLK- The municipal
government thru the municipal agriculture office shall maintain an updated annually
or as maybe necessary of a registry fisherfolk and their organizations, partnerships,
cooperations who are or who may wish to fish in the municipal water or any
municipality for the purpose of determining priorities among them of limiting entry
into municipal waters, of monitoring fishing activities, and/or other related purposes.
Likewise , their shall be maintain a registry of municipal, small and medium
commercial fishing vessels by type of gear and other boat particulars. The bureau of
fisheries and aquatic resources Regional Office No. 1 shall provide identification
cards to all registered fisherfols of the municipalities.

Section 4B.07 FISHERFOLK ORGANIZATIONS AND/OR COOPERATIVE

Fisherfolk organizations/ cooperatives fisherfolk organizations/cooperatives whose
members are listed in the registry of fisherfolk maybe granted use of demarcated
fishery areas to engage in fish capture, agriculture ,and/ or fishing farming; Provide:
That a cooperative member whose house hold is already in possession of a right
other than for fisher capture cannot enjoy the fishing rights granted to the
organization or cooperative.

Section 4B.8. LICENSWE LEAST, PERMIT AND OTHER LICENSES-The license

or permit shall specify the area, fishing gear or method, snd where applicable the
fishing grounds, vessels, size and other parameters for a fishing vessels engaged in
scientific, research or educational purposes. The privilege of catching fish or taking
aquatic products from municipal waters by means of nest, traps or other fishing gear,
with or without use of fishing boats shall be granted under ordinary fishery
license/permits or grants issued by the municipal government to any person,
cooperative , association, partnership, firm or corporation upon inspection by an
officer from the municipal agriculture office of these municipality and certification
issued for the legality its fishing paraphernalia or equipment opf the corresponding
license/permit fee at rates required. That the grantee license agrees unconditionally
to comply with all the laws order, policies and rules and regulation governing fishing.
That the license, assumes responsibility for any and all the acts of peaceagents and
employee of the contractors connected with his fishing operation.

Section 4B.9. LICENSING PROCEDURE

09.1 Applicants for license/permit or grant of any fishery privilege shall accomplish in
filed the prescribed application form prepared at the licensing division of the
municipal government. The said application form shall contain a detail description of
the location of the definite portion or area desired, and a detailed description in the
specific terms of the fishing gear to be used that will preclude doubt as to the exact
location of the portion or area applied or the kind of year or method, and where
applicable the fishing season vessel size and other parameters for which license is
applied and such other information as maybe required.

Section 4B.10 GUIDELINES FOR THE EVALUATION OF PROJECT AND

APPLICATION-The Municipal Government shall be guided with the following rules
regulating projects and issuance of permits/license for the appropriate use and
sustainable development of fisheries and aquatic resources.

Section 4B.11 GROUNDS FOR REJECTION/DISAPPROVAL OR APPLICATION

FOR FISHERY PRIVILAGES-Application for fishery privilages shall be rejected on
any of the following grounds: area applied for is not available of suitable for the
purpose to which is applied/desired for; applicant is not qualified in accordance with
this Ordinance; false or misleading statement in the application; failure to comply
with the requirements , death of the applicant, or dissolution of judicial person; and
when public interest so requires.

Section 4B.12 LICENSE TO OPERATE FISH TRAPS AND OTHER

STRUCTURES-Fish traps and other structures for the culture of fish and other
fishery/aquatic products shall be constructed and operated only within established
zones duly designated by the municipality in accordance with these ordinance and
after the corresponding licenses before have been secured. The area to be leased
for these purpose for individual and medical person shall be determine by the
municipal government; provided, however, that only (10%) of the water surface are
the suitable rivers as provided for in be approved CCDP shall be allotted for aqua
culture purposes like fish traps and the shocking density and feeding requirements
which shall be controlled and determine by its carrying capacity.

Section 4B.13 REGISTRATION AND LICENSE OF POST-HARVEST FACILITIES-

Post harvest facilities such as fish drying areas, fish processing plants, ice plants,
cold storage, fish ports/landing and other fishery business establishment most
registered with an licensed by the municipality.

Section 4B.14 REGISTRATION AND LICENSING OF FISHING GEARS USE IN

MUNICIPAL WATER-Before a fisherfolk, cooperative, association, firm or
corporation shall conduct subsistence or commercial fishing, operation in municipal
water, the fishing gear it will utilized shall be registered and a licensed granted
therefore for a period of 2 years per kind of gear to be used in case of multi-gears to
be operated, each gear shall be registered and licensed separately.
Section 4B.15 LICENSING OF FISHING BOATS-The municipal government shall
issue the license upon inspection, verification, and endorsed by the permits and
licensing division to a person, cooperative, partnership, association, firm of
organization to operated fishing boats/vessel/s (3)GT or less. The license fishing
boats shall be numbered and color coded. The license shall be renewed annually,
where areas, the corresponding registration shall be valid for a period or 5 years.
The owners/operator for a fishing boats shall have a period of 30 days prior to the
aspiration of its license within which to renew the same. Provided; that no such
special permit shall be required of a fishing vessel in a scientific, research or
educational purposes within the municipal waters.

Section 4B.16 OPTIONAL CONCESSION FOR COMMERCIAL FISHING BOAT-

The municipal government in consultation with the MFARMC shall have the authority
to allow license commercial fishing boats 3.0 and below GT to operate within
municipal waters beyond 10 kilometers from the shoreline at low tide in water 7
fathoms deep, using fishing gears permitted by these ordinance, upon payment of
appropriate charges; provided, the fishing net used shall not be less than 3cm
between opposite knots when stretched, furthermore, fishing gears use shall be
classified as passive. The number of commercial fishing boat, which may be allowed
to operated within municipal waters, shall be filed through the permits and licensing
division. Provided, that the number shall be determine after a thorough study of the
reasonable situation of municipal waters.

Section 4B.17 REPORT OF TRASFER OF OWNERSHIP-The owner/operator

transferee of registered fishing boats shall notify the municipal government licensing
division in writing of the transfer of ownership of the fishing boats fifteen(15) days
after its transfer.

Section 4B.18 AUXILIARY INVOICE-Fish and fishery products like preserved ,

frozen, dried, salted, smoke, patis, bagoong, etc.(shells, dried starfish, meat of dried
squid, seaweeds, sponges, tanskin of fish, sea reptiles, bangus and dried fries of
other species, and on other unclassified marine products, etc. , most have auxiliary
invoice to be issue by the licensing officer prior of origin to their point of organization
within the country upon payment of the fee prescribed in the municipal ordinance.

Section 4B.19 RENEWAL OF FISHERMEN LICENSE-The fishermens licensed be

renewed annually. Renewal of license shall be every 20th day of January of each.
Section 4B.20 SURCHARGE-When annual, license/permit fee for any fishery is not
renewed on the date it become due, the licensed/permit shall pay a charge of 50%
of the amount due for non-payment 45 days after due an (100%) of the amount due
for non-payment 46-60 days due date. Non-payment of license after 60 days would
mean the cancelation of the case.

Section 4B.21 GROUND FLOOR CANCELATION/TERMINATION OF LICENSE-

Used to fishery privilege granted and issued under dis-ordinance maybe canceled of
the following grounds:
a. Failure to comply with provisions of this Ordinance and other fishery laws as well
as the terms and conditions of the lease;
b. Fraudulen, false or misleading statements in the application;
c. Dissolution of the judicial license
d. Abondonement of the area for 4 months
e. Failure to pay the license fee, leased amount and other fees as surcharges
relative thereto;
f. When public interest so requires
g. Death of applicant/Licensee.