Ordinance No 13-1992

This ordinance has been amended, but I am challenging the statement that "new scientific studies" so the rezoning is due. SCROLL DOWN TO SEE THE AMENDMENT PAGES.

AN ORDINANCE DECLARING TURTLE BAY AND BINUNSALIAN BAY AS MARINE SANCTUARY AND FOR OTHER PURPOSES.

Puerto Princesa City Ordinance No. 13-92

Section 1. Title – This Ordinance shall be known as “An Ordinance declaring Turtle Bay and Binunsalian Bay as Marine Sanctuary and for other purposes.

Section 2.  Declaration of Policy – It is the Policy of the City of Puerto Princesa to protect its fast-dwindling marine reserves as well as marginal and sustenance fishermen, and for this purpose, Turtle Bay and Binunsalian Bay are hereby declared as a Marine Sanctuary.

Section 3. Definition of Terms – For purposes of this Ordinance the following terms shall be interpreted to mean:

1. Marine Sanctuary – that portion of the municipal waters and its immediate marine environs where fish and other marine inhabitants are protected from any maritime activity, including, but not limited to exploitation and/or utilization, except by sustenance/marginal fishermen.

2. Commercial Fishing Sea Craft – fishing vessel whose loading capacity is three (3) gross tons or more possessing the required fisheries licenses.  The area of operation is limited to areas beyond 15 kilometers from the shoreline and in waters more than seven (7) fathoms deep.

3. Sustenance/Marginal Fisherman – refers to an individual engaged in subsistence fishing with the use of a fishing boat below three (3) gross tons or fishermen using hook and line of whether motorized or paddled fishing boat.
A municipal license is required for its operation.

4. Traditional Fish Net – refers to a net used in fishing operation without any mechanical device attached to it.

5. Persons – refer to individuals or group  of individuals engaged in marginal/sustenance and/or commercial fishing which include juridical entities such as associations, partnership, cooperative or corporations.

Section 4. Scope – This Ordinance shall govern the area covered as well as the maintenance of the marine sanctuary.

For this purpose, the metes and bounds are as follows:

A portion of Sulu Sea, situated at Binunsalian Bay, Barangay Mangingisda, City of Puerto Princesa, Island of Palawan, bounded on the N., E. and S., along lines 1 to 2, 2 to 3 and 3 to  4 by Sulu Sea and on the W., along line 4 to 1 by mainland and sea shore of Binunsalian Bay.

Cor. 1, Lat., deg. 42’

Long. 118 deg. 43’ thence
Cor. 2, Lat., 9 deg. 42’

 Long. 118 deg. 51’ thence
Cor. 3, Lat., 9 deg. 36’

Long. 118 deg. 51’ thence
Cor. 4, Lat., 9 deg. 36’

 Long. 118 deg. 43’

SIXTEEN THOUSAND ONE HUNDRED EIGHTY FIVE (16.185) HECTARES.

Section 5. Prohibition – Except for sustenance/ marginal fishing done with the use of hook and line and other nets not otherwise prohibited by existing laws and Ordinances, and, subject to such safeguards and conditions the City Mayor may
impose and researches for educational and/or scientific purposes only, it shall be unlawful for any person to engage in any commercial fishing to catch, take or gather any marine or aquatic product within the declared marine sanctuaries, or
exploit, occupy produce, culture or gather fish, or fry or fingerling of any species of fish, or fishery/aquatic product within the same area.

Section 6. Penalties – Any person/s found violating this Ordinance shall be fined not more than Five Thousand Pesos (P5,000.00) or an imprisonment of not exceeding one (1) year or both fine and imprisonment at the discretion of the
court.

Section 7.  Effectivity  – This Ordinance shall take effect ten (10) days after publication. SO ORDAINED.

Xxx xxx xxx

I HEREBY CERTIFY to the correctness of Ordinance No. 13-92 adopted by the Sangguniang Panlungsod of the City of Puerto Princesa in its 18th regular meeting held on November 17, 1992.

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Here is the new Amendment Reclassifying and rezoning Turtle bay based on "new scientific studies". 

Here are the studies I have found which don't seem to me to recommend such a large complex of hotels on Kamia bay peninsula which is steep and narrow. Scoll below to see what Seven Seas did in Boracay which was much less steep than Kamia bay property. The mouth to the bays is narrow and the mud from bulldozing the steep and narrow Kamia bay property would clog the bay for years creating an imbalance in the delicate ecosystem.

A study on the 108 varieties of gastropods and bivalves (clams and shells) in Turtle and Binunsalian bays.
http://www.entomoljournal.com/vol2Issue5/pdf/34.1.pdf

Here is a good report on Turtle bay but it did not consider the otter population because otters are nocturnal. When you click the link it will download the full report in PDF format.
http://pkp.pcsd.gov.ph/images/Centre%20for%20Sustainability/rapport%20Jorn%20Schoffelen%20Turtle%20Bay%20edited.pdf

The second whereas states that the bays were rezoned based on "new scientific studies of the bay" I would like them to produce said studies. And I doubt the otter population was considered since they are nocturnal. Also their logic is that the otters in there are RIVER otters, so they do not live in the bay. It is a well known fact that Asian Small clawed otters live on the banks of mangroves. So this logic is flawed.

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This is what Seven Seas has done in Boracay without an ECC permit. How can we trust them to respect Turtle and Binunsalian Bays?
http://newsinfo.inquirer.net/701554/denr-boracay-resort-being-built-on-timberland-without-ecc

Our Pledge to the Environment
At Seven Seas, we care about the environment as much as you do. Eco-conscious individuals will be pleased to know that ensuring the sustainability of our natural ecosystems remains a top priority for us. This way, you can be one with nature whilst helping to ensure the sustainability of our wildlife for the education and enjoyment of our future generations.
http://sevenseasproperties.com/our-pledge-to-the-environment/