ESTABLISHING A CLOSED SEASON OF FIVE (5) YEARS FOR THE OPERATION WITHIN THE WATER PORTION OF MACAJALAR BAY, CAGAYAN DE ORO CITY

Pursuant to Sections 4 and 7 of Presidential Decree No. 704, as
amended, otherwise known as the “Fisheries Decree of 1975”, and Section 1
of Presidential Decree No. 1015, the following rules and regulations
are hereby promulgated for the protection and conservation of fisheries
and aquatic resources within the water portion of Macajalar Bay, Cagayan
de Oro City.

SECTION 1. Definition – For the purpose of this Order, the following terms shall be construed as follows:

(a) Water portion of Macajalar Bay – refers to a body of water
North of Cagayan de Oro City beginning at point 1 (mouth of Iponan
River), and more particulaly described as follows:

Thence, Due North, 7.000 meters to point 2
Thence, S,35^o00E, 4,000 meters to point 4
Thence, S,30^o00E, 3,700 meters to point 5
Thence, Due East, 5,000 meters to point 6

(mouth of Alae River) then traverse along the coastline of
Macajalar Bay in SW direction to the point of beginning, containing
approximately 8,750 hectares, as shown in the sketch Map attached hereto
and made as an integral part of this Order.

(b) Commercial fishing boat – refers to fishing boat more than three (3) gross tons.

SECTION 2. Prohibition – It shall be unlawful for any
person, partnership, association, cooperative or corporation to operate
commercial fishing boats within the water portion of Macajalar Bay,
Cagayan de Oro City during the five (5) year season from the effectivity
of this Order.

SECTION 3. Penal Clause – Violation of the foregoing
prohibition shall subject the offender to a fine of not less than Five
Hundred Pesos (P500.00) but not more than Five Thousand Pesos
(P5,000.00) or imprisonment from six (6) months to four (4) years, or
both such fine and imprisonment in the discretion of the court;
Provided, That the Director of Fisheries and Aquatic Resources is hereby
empowered to impose upon the offender an administrative fine of not
more than Five Thousand Pesos (P5,000.00) including the confiscation of
the fisg caught, gear and other fishing paraphernalia used therein.

SECTION 4. Repealing Clause – All existing
administrative orders, rules and regulations or parts thereof which are
inconsistent with the provisions of this Order are hereby repealed or
amended accordingly.

SECTION 5. Effectivity – This Orders shall take
effect fifteen (15) days from its publication in the Official Gazette
and/or in two (2) newspapers of general circulation.

Adopted: 14 Aug. 1990

(SGD.) SENEN C. BACANI Secretary

(SGD.) JUANITO B. MALIG Director, BFAR