full exercise of their powers, duties and responsibilities towards proper management of our municipal waters. It is also hereby declared our policy that, considering the trans-boundary character of the issues and problems confronting our municipal waters, the Municipal Government of Urbiztondo shall exercise its full powers through the provision of active leadership, technical assistance, conducive policy, and effective law enforcement for the conservation of our marine/inland water resources.
Sec. 4. Delineation of Municipal Waters. Within two (2) years upon effectivity of this Code, the Municipal Mayor shall adopt all measures to encourage the inhabitants/constituents and concerned to complete the delineation, establishment, management, and maintenance and protection of their barangay community waters pursuant to Section 13 (r) of RA 7160.
It shall be incumbent upon the concerned Municipal Mayor to measure, delineate, zonify, and produce maps of their respective territorial boundaries, employing in the process a certified engineer; provided, that the delineation of barangay territorial waters shall be undertaken jointly by contiguous barangay in coordination with NAMRIA or the National Mapping and Resource Information Authority to avoid future controversies in boundary lines; provided, further, that the amicable settlement of boundary dispute between municipal waters shall be governed by Section 118 and Section 119, RA 7160; Provided, finally, that after two (2) years upon effectivity of this Code, no fishery privileges shall be issued, pursuant to Section 149, RA 7160, until the measurement, delineation, demarcation, zonification and mapping of municipal waters has been duly completed. The Municipal Mayor is hereby authorized to issue the appropriate implementing rules and regulations, circulars, directives and memoranda, including sanctions for the purpose of implementing the provisions of this Section. Sec. 5. Community Participation and Integration of National Government Agencies. Management of our coastal resources and municipal waters shall be undertaken by communities in close collaboration with the municipal government and barangay councils, concerned national government agencies and instrumentalities, people’s organizations, cooperatives, non-government organizations and the private sector in general in order to engage their active cooperation. Sec. 6. Environmental Impact Assessment. The coastal zoning and management plans shall be subject to an Environment Impact Assessment (EIA). The Sangguniang Bayan shall not authorize appropriation of public funds for this purpose without an EIA.
Sec. 7. Provision of Tenurial Security and Management Rights. All zones within municipal waters or portions thereof shall be covered by applicable tenurial and/or management rights and the issuance thereof shall be in accordance with law; provided that the Municipal Mayor and concerned national government agencies shall provide adequate measures for the recognition of customary management use rights.
Pursuant to Article XIII, Section 2 of the Philippine Constitution, the State through the component coastal municipalities shall protect the rights of subsistence fishermen, especially of local communities, to the preferential use of communal marine and fishing resources, both inland and offshore. It shall also protect its marine wealth and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. Commercial fishing in municipal waters is not allowed by virtue of Provincial Ordinance No. 94-2001, otherwise known as the Unified Municipal Fisheries Code of the Province.
Sec. 8. Water Quality Monitoring. The Municipal Mayor, through the multi-sectoral Waters Resources Advisory Board as provided in Section 14 of this Code, shall monitor the quality of its waters in coastal zones/inland water areas.
Sec. 9. Promotion of Conducive Policy and Complementary Municipal-Wide Fishery Ordinance. The Municipal Mayor shall assist the barangay governments in reviewing and systematizing the ordinances pertaining to the coastal zone/inland water areas to identify the ordinances needed, reconcile conflicting provisions in the existing ordinances, and attain rational complementation of ordinances among barangays and between the municipal ordinances; provided, that the Municipal Mayor shall initiate measures towards the
