LLDA RESOLUTION NO. 136, S. 2000, June 29, 2000

APPROVING THE RULES AND REGULATIONS ON THE ESTABLISHMENT, SAFEGUARDING AND MAINTENANCE OF FISH SANCTUARIES WITHIN LAGUNA DE BAY

National Administrative Register June 29, 2000
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WHEREAS, pursuant to Republic Act No. 4826 of 18
June 1966, the defunct Philippine Fisheries Commission was authorized to
establish and maintain a fish sanctuary within Laguna de Bay in Rizal
and Laguna Provinces;

WHEREAS, the Laguna Lake Development Authority
(LLDA) under its enabling legislations, Republic Act No. 4850 of 18 July
1966 and amended by Presidential Decree  No. 813 in 1975 and Executive
Order No. 927 in 1983, has been tasked with the responsibility of
implementing the declared national policy to promote and accelerate the
development and balanced growth of the Laguna de Bay, and by virtue of
this mandate, the LLDA has been authorized to manage and control all
development activities in the Laguna de Bay Region including the
establishment and maintenance of fish sanctuaries in the aforementioned
lake;

WHEREAS, by virtue of the aforestated LLDA Charter
as amended, the Authority has taken over such functions and
responsibilities over fish sanctuaries in Laguna de Bay from the defunct
Philippine Fisheries Commission;

WHEREAS , the LLDA, pursuant to its mandate, shall
carry out the declared policy of the State to ensure the optimum
development as well as the judicious disposition, management, renewal
and conservation of the region’s fishery and other natural resources for
the benefit of the stakeholders, consistent with the necessity of
maintaining sound ecological balance and protecting and enhancing the
quality of the environment and the objective of making the development
and utilization of such natural resources equitably accessible to the
different segments of the region’s population in the present and future
generations;

WHEREAS, it is a declared policy of the State that
Local Government Units shall be effective partners in the management of
the country’s natural resources;

WHEREAS, management of natural resources should
always be a multi-sectoral concern; collective effort is the key to
rehabilitate, conserve and enhance the ecological condition of our
natural resources and the State recognizes the importance and
participation of all concerned sectors in the Laguna de Bay Region;

WHEREAS, for the effective management of fish
sanctuaries in the lake, there is a need to formulate rules and
regulations on the establishment, safeguarding and maintenance of fish
sanctuaries;

NOW, THEREFORE , foregoing premises considered, BE IT RESOLVED, as it is hereby RESOLVED, to adopt the following rules and regulations:

Section 1.       Title . — These rules shall be
known and cited as the “Rules and Regulations on the Establishment,
Safeguarding and Maintenance of Fish Sanctuaries Within Laguna de Bay.”

Section 2.       Statement of Purpose . — The
purpose of these rules is to provide the guidelines and regulations
governing the establishment and management of specific reserved area/s
in Laguna de Bay intended solely to maintain or preserve fish and other
similar aquatic life, rehabilitate or restore depleted fishery areas and
support fish population in adjacent lake areas where fishing is
allowed.

Section 3.       Definition of Fish Sanctuary . —
For the purpose of these rules and regulations, a fish sanctuary refers
to a designated protected area where fish and other aquatic life are
able to spawn, feed and grow undisturbed and where fishing and other
activities that may damage the ecosystems of the area are absolutely
prohibited.

Section 4.       Description of Fish Sanctuaries in Laguna de Bay
. — The fish sanctuaries within the Laguna de Bay are hereby set inside
and established within the body of water formed by imaginary straight
lines under the following technical descriptions:

1.         5,000 has. Rayap Fish Sanctuary, Talim Island

Beginning at point marked “1” being Bay Island:

Thence N 34º 30’ W — 8,100 meters to point 2
Thence N 46º 30’ E — 2,390 meters to point 3;
Thence N 37º 00’ E — 1,395 meters to point 4;
Thence N 11º 00’ E — 2,675 meters to point 5;
Thence S 81º 00’ E — 3,440 meters to point 6;
Thence S 02º 30’ W — 3,490 meters to point 7;
Thence S 25º 00’ E — 1,180 meters to point 8;
Thence S 18º 30’ W — 7,420 meters to point 1;

2.         126.27 has. Tabon Fish Sanctuary

Beginning from point marked “1” being S 65º 41’ 20” W — 1,362.451 m;

Thence N 63º 56’ 23” E – 1,304.39 m to point 2;
Thence S 31º 1’ 24” E — 1,048.114 m to point 3;
Thence N 76º 10’ 33” W — 1,605.162 m to point 4;
Thence N 12º 12’ 19” W — 725.081 m to point 1.

3.         30.12 has. Muntinlupa Fish Sanctuary

Beginning from point marked 1 being S 44º 31’ 30” – 105.502 m.:

Thence S 89º 46’ 25” E — 500.976 m to point 2;
Thence S 0º 3’ 59 E — 605.172 m to point 3;
Thence N 89º 7’ 43” W — 499.329 m to point 4;
Thence N 0º 13’ 47” W — 5999.558 m to point 1.

Section 5.       Coordination with Local Government Units and Other Government Agencies.
— The LLDA shall exercise policy setting and administrative functions
over the established fish sanctuaries. It shall coordinate its efforts
with the Bureau of Fisheries and Aquatic Resources of the Department of
Agriculture (DA- BFAR), the Municipalities of Binangonan, Cardona,
Jala-Jala in the Province of Rizal, the City Government of Muntinlupa
and the Municipality of Bay in the Province of Laguna in the management,
safeguarding and maintenance of fish sanctuaries in Laguna de Bay.

Section 6.       Law Enforcement. — The LLDA
shall coordinate with the Philippine National Police-Maritime Command
(PNP-MariCom) and the Philippine Coast Guard (PCG) which shall take the
lead in the enforcement of fishery laws for the sustainable management
of fish sanctuaries in collaboration with the concerned LGUs. Other law
enforcement agencies shall provide support and assistance to the
PNP-MariCom and the PCG for the effective enforcement of fisheries laws
in Laguna de Bay.

Section 7.       Prohibitions. — These acts are prohibited under these rules and regulations. No person, natural or juridical, shall:

a.   Undertake fishing operation in any manner within the above-described area;

b.   Throw or dispose into the sanctuary, any organic or
inorganic matter or any liquid substance which may cause pollution
therein; and

c.   Destroy or in any way damage any material, equipment and/or
improvement installed therein for the purpose of the fish sanctuaries.

Section 8.       Penal and Civil Liability Clause
. — Any person, natural or juridical, who shall violate any of the
provisions of these rules and regulations, particularly Section 7
hereof, shall be held liable under the existing penal provisions of R.A.
4850, as amended.

The Authority shall impose an administrative fine of Five Thousand
Pesos (P5,000.00) to the violators of the foregoing rules and
regulations after due notice and hearing. If the violator is a
corporation, partnership or association, the officers of the
organization concerned shall be held liable thereof.

The Authority shall likewise pursue separate civil actions for
damages resulting from infractions of these rules and regulations.

Section 9.       Amendments . — These rules and regulations may be amended and/or modified by the Authority at any time.

Section 10.    Effectivity. — These rules and regulations shall take effect fifteen (15) days after publication in a newspaper of general circulation.

Adopted: 29 June 2000

(SGD.) JOSE D. LINA, JR.
Chairman

(SGD.) ROSELLER S. DELA PEÑA
Vice-Chairman

(SGD.) ARTURO L. TIU
(SGD.) EMMANUEL B. CADAYONA
(SGD.) JOAQUIN G. MENDOZA
Directors

(SGD.) GODOFREDO C. VALERA
(SGD.) ZENAIDA C. MAGLAYA
Directors

Attested by:

(SGD.) LORETA D. VILLARUZ
Board Secretary V