[Draft] Republic of the Philippines Province of Southern Leyte Municipality of San Francisco OFFICE OF THE MUNICIPAL MAYOR CREATING THE SAN FRANCISCO MPA MANAGEMENT COMMITTEE, MANDATING ITS FUNCTIONS, AND FOR OTHER PURPOSES. WHEREAS, Article II, Section 16 of the 1987 Constitution provides that the State shall protect and advance the right of the people to a balanced and healthful ecology in accordance with the rhythm and harmony of nature; WHEREAS, the Local Government Code of 1991 or Republic Act No. 7160, devolves the management of the municipal waters and its fisheries and aquatic resources to the municipal government; WHEREAS, the Philippine Fisheries Code of 1998 or Republic Act 8550, mandates that the municipal government may enact appropriate ordinances which shall ensure the sustainable development, management and conservation of its territorial waters including its fisheries and aquatic resources; WHEREAS, the municipality of San Francisco enacted Municipal Ordinances (MO): MO No. _______ S-2000 creating the Napantao Fish Sanctuary Reserve Area providing for its management and for other purposes MO No. 128-S-2009 creating the Punta Fish Sanctuary Fishery Reserve Area providing for its management and for other purposes. MO No. 129-S-2010 creating the Sta Paz Sur Marine Protected Area, providing for its management and for other purposes WHEREAS, San Francisco LGU in partnership with the Barangay Local Government of Punta, Coral Cay Conservation and RARE Incorporated implements a two-year Punta Marine Fish Sanctuary Pride Program; WHEREAS, effective and sustained governance and enforcement of Fish Sanctuaries in San Francisco is an essential component for the successful and meaningful implementation of the two-year Punta Marine Fish Sanctuary Pride Program; WHEREAS, there is a need to consolidate the structure, composition and functions of the management councils in the three fish sanctuaries in the municipality to clearly delineate the policy-making and implementing unit components of the council; WHEREAS, the San Francisco LGU has already formed a San Francisco Marine Protected Areas Technical Working Group/Oversight Committee that serves as a policy-making body that provides guidance and technical assistance to the activities related to the management of the MPAs in the municipality; WHEREAS, the San Francisco LGU still needs to specify the functions and composition of the implementing unit or management committee of the MPA Resource Management Council for the fish sanctuaries in the municipality; NOW, THEREFORE, premises considered, and by virtue of the powers vested in me by law, I, Hon. Samson P. Gamutan , Mayor of San Francisco, do hereby order the following: Section 1. CREATION and COMPOSITION. There is hereby created a San Francisco Marine Protected Area Management Committee at the municipal level and barangay level to be composed of the following: Municipal level: 1. 2. 3. 4. 5. 6. Municipal Agriculturist or his representative Municipal Planning and Development Office Coral Cay Conservation SB Secretary Representative from the Barangay level Management Committees PNP (can be tapped depending on needs but not included in quorum considerations) Barangay level (one each for the three baranggays – Punta, Napantao and Sta Paz Sur) 1. Barangay captain 2. Chairman and representative BFARMC 3. Committee on Fisheries in the Barangay Coucil 4. People’s Organization 5. Bantay dagats 6. School teachers 7. Women’s group 8. Youth 9. Church 10. Any other group that is interested Section 2. FUNCTIONS AND RESPONSIBILITIES. The San Francisco Marine Protected Area Management Committee shall implement rules and regulations, for the protection, maintenance, and preservation of the fish sanctuaries in the municipality and supervise the day-to-day operations with the following specific functions and responsibilities; Municipal level MC: a) Formulate and implement the San Francisco MPA Annual Investment Plan and Budget based on the long-term Management Plan prepared by the San Francisco MPA TWG/Oversight Committee; b) Propose and recommend policy initiatives to the Barangay, Municipal Legislative Council and the San Francisco MPA TWG c) Supervise the conduct of regular patrolling and guarding of the nofishing-zone done by barangay and municipal enforcement teams; d) Supervise the conduct regular hydro-biophysical survey; e) Conduct Information, Education and Communication Campaign; f) Prepare proposal for submission to the TWG for their resource generation activities; g) Prepare activity and financial reports to be submitted to the San Francisco MPATWG and MC; h) Coordinate with the Barangay level Management Committees; i) Perform such functions as deemed necessary Barangay level MCs 1. 2. 3. 4. 5. Conduct of regular patrolling Conduct of regular biophysical monitoring with assistance from TWG Conduct of IEC Maintenance of patrol boats, billboards and buoys Coordination with the municipal level MC Section 3. OFFICERS AND TERMS OF OFFICE. The officers of the San Francisco Marine Protected Area Management Committee at the municipal level shall consist of a chairperson and a secretary. The officers of the Management Committee at the municipal level shall be endorsed by the TWG and approved by the Local Chief Executive. The officers of the MC shall report directly to the TWG who shall then submit a written report to the mayor. The officers of the MC shall serve co-terminus with the local chief executive. The barangay captains shall serve as the chairperson of the MC at the barangay level. The officers of the MC at the barangay level shall report to the MC at the municipal level. Their term of office shall also be co-terminus with the chief executive. Section 4. REPLACEMENT OF OFFICERS. MC Officers at both the municipal and community level may be replaced by the Local Chief Executive with reasonable cause. The barangay captain can only replace a non-performing MC officer upon approval of the mayor. Section 5. MEETINGS. The San Francisco Marine Protected Area Management Committee shall meet regularly at least once a month. The MC members shall hold a regular meeting upon proper notice from the chairperson. Section 5. MPA MANAGEMENT ACTION PERSONS AND SUBCOMMITTEES. The management committee at the municipal level shall elect among themselves management action persons for the following: Enforcement and Maintenance, Information and Education, Resource Monitoring, and Financial Sustainability. The management committees at the barangay level shall form subcommittees along the same areas and elect among themselves the leaders of these committees. The action persons shall be responsible for supervision at the municipal level while the members of the subcommittees at the barangay levels shall perform the following functions: Resource Monitoring: Conduct regular monitoring of the status and improvement of the coral reef, Retrieve waste and other non-biodegradable materials in the bottom of the fish sanctuary that are detrimental to the growth of corals, Determine the number of fish species in the fish sanctuary Information and education Conduct regular information dissemination within their respective barangays regarding the MPA, Disseminate information on the different activities that are allowed and prohibited in the fish sanctuary Enforcement and Maintenance Regular guarding and patrolling within the fish sanctuary Apprehension of violators of the fish sanctuary ordinance Ensure that bantay dagats are properly trained and deputized Repair and replace dilapidated/destroyed buoy/markers, patrol boats, and other infrastructure related to the MPA Financial Sustainability Oversee the expenditure related to MPA management based on the MPA management plan and budget Track all revenues generated by the MPA and make a report on its application Suggest and design systems and initiatives that would make the management of the MPA financially sustainable. Section 7. SOURCES OF FUNDS AND ACCOUNTING SYSTEM. The Municipal and Barangay Governments shall allocate funds to implement the San Francisco Marine Protected Area Management Plan and other necessary activities of the Management Committee. The application of funds shall follow the regular government accounting procedures. The expenses incurred in the conduct of monthly meetings at the barangay level shall be shouldered by the barangay governments. Section 8. BARANGAY CONTRIBUTION. Whenever necessary and upon recommendation of the San Francisco Marine Protected Area Management Committee, the barangays shall appropriate funding subsidy for the management of the MPAs. Section 9. This Executive Order shall take effect immediately upon signing hereof.” Done this ___________________ at San Francisco, Southern Leyte, Philippines. HON. SAMSON P. GAMUTAN Municipal Mayor