2006 Res.NO. 225

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON DECEMBER 13, 2006 AT THE CITY HALL.


PRESENT:

Hon. Rolen C. Paulino- - - - - - - - - - - - - - -City Vice Mayor & Presiding Officer
Hon. Noel Y. Atienza- - - - - - - - - - - - - - - City Councilor
Hon. Cynthia G. Cajudo- - - - - - - - - - - - - - “ “
Hon. John Carlos G. delos Reyes- - - - - - - - “ “
Hon. Bella P. Asuncion - - - - - - - - - - - - - - “ “
Hon. Marey Beth D. Marzan- - - - - - - - - - - “ “
Hon. Angelina B. Andrada - - - - - - - - - - - - “ “
Hon. Brian Patrick H. Gordon - - - - - - - - - - “ “
Hon. Anselmo A. Aquino - - - - - - - - - - - - - “ “
Hon. Edwin J. Piano- - - - - - - - - - - - - - - - - “ “
Hon. Gina G. Perez - - - - - - - - - - - - - - - - - “ “
Hon. Carlito A. Baloy - - - - - - - - - - - - - - - President, Liga ng mga Barangay
Hon. Robine Rose C. Buenafe- - - - - - - - - - SK Federation President

ABSENT:

None.


RESOLUTION NO. 225
(Series of 2006)

A RESOLUTION RESPECTFULLY REQUESTING THE HON. SECRETARY ANGELO T. REYES OF THE DEPARTMENT OF ENVIRONMENT & NATURAL RESOURCES TO ORDER THE DISMANTLING OF ALL ILLEGAL FISH CAGES IN SUBIC BAY PURSUANT TO ENVIRONMENTAL MANAGEMENT BOARD ORDER DATED AUGUST 29, 2006 AND TO LEGALLY PROCEED AGAINST PRIVATE AND
PUBLIC INDIVIDUALS RESPONSIBLE FOR THE SAME.


WHEREAS, the Chairman of the Committee on Environment of the Sangguniang Panlungsod of Olongapo City was informed and furnished with copies of official documents regarding the operations of fishcages by various corporations and private individuals within the municipal waters at Brgy. Cawag, Subic, Zambales that covers an area of twenty-two (22) hectares of Subic Bay;

WHEREAS, the documents submitted show that the operators of fish cages were found to be operating without the necessary Environmental Compliance Certificate (ECC) from the Department of Environment & Natural Resources which is in violation of Section 4 of Presidential Decree No. 1586 and that the area where the fish cages are currently operating is not a demarcated area identified by the Bureau of Fisheries and Aquatic Resources which is in violation of Section 22 of Republic Act. No. 8550 (The Philippine Fisheries Code of 1998);

WHEREAS, the Philippine Fisheries Code of 1998 specifically provides under Section 53 – “Grant of Privileges for Operations of Fish Pens, Cages, Corrals/Traps and Similar Structures – No new concessions, licenses, permits, leases and similar privileges for the establishment or operation of fish pens, fish cages, fish corrals/traps and other similar structures in municipal areas shall be granted except to municipal fisherfolk and their organizations”;

Con’t. of Resolution No. 225, Series of 2006.

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WHEREAS, an ORDER dated August 29, 2006 has been issued by the Department of Environment and Natural Resources for Violation of Sec. 4 of P.D. 1586 against Neo-Mega Seahorse Aqua Farms, Inc. which states:

“This refers to your non-compliance to sec. 4 of the Philippine Environmental Impact Statement (EIS) system law (PD 1586) for the continuous operation of fishcages along the coastal waters of Cawag, Subic, Zambales without an ECC from the office and failure to observe proper aquaculture practices resulting to the alleged occurrence of fishkills in the area.

As such you are hereby ordered to voluntarily dismantle all fishcages within seven days upon receipt of this ORDER and cease and desist from project operations until and ECC is secured from this Office and futher water quality studies of Subic Bay are undertaken with concerned agencies pursuant to the provisions of PD 1568 and the Philippine Clean Water Act (RA 9275), otherwise this Office shall take the necessary legal actions to fully implement the law.

You are likewise ordered to pay the penalty in the amount of Php50,000.00 pursuant to sec. 9 of PD 1568.

So ordered 29, August, 2006.”;


WHEREAS, the order in coordination with local government through the Office of the Municipal Mayor, Hon. Jeffrey D. Khonghun was served to the above named respondents. However, despite the abovestated Order and after four months, respondents have remained contumacious, stubborn and continue their illegal operations;

WHEREAS, the continued operation of these fish cages within Subic Bay will not only cause massive fish kill as reported in page A-16 of June 23, 2006 issue of the Philippine Daily Inquirer but they will also cause great damage to the tourism potential of the bay;

WHEREAS, these illegal economic activities are adverse to the City’s eco-tourism and environmental policies as it shares and is a stakeholder in the riches and bounty of Subic Bay;

NOW, THEREFORE, on motion of Councilor John Carlos G. de los Reyes, with the unanimous accord of the Members of the Sangguniang Panlungsod present,

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to respectfully request, as it hereby respectfully requests the Hon. Secretary Angelo T. Reyes of the Department of Environment & Natural Resources to order the dismantling of all illegal fish cages in Subic Bay pursuant to Environmental Management Board Order dated August 29, 2006 and to legally proceed against private and public individuals responsible for the same.

RESOLVED FURTHER, AS IT IS FURTHER RESOLVED, that copies of this Resolution be furnished the Office of the Municipal Mayor of Subic, Zambales, the Office of the City Mayor of Olongapo City, the Office of the Administrator of the Subic Bay Metropolitan Authority, the Office of the Provincial Governor of Zambales and the Office of the Secretary of the Department of Environment & Natural Resources for their information and proper action.

Con’t. of Resolution No. 225, Series of 2006.

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APPROVED UNANIMOUSLY, December 13, 2006.



ROLEN C. PAULINO
City Vice Mayor & Presiding Officer


NOEL Y. ATIENZA CYNTHIA G. CAJUDO
City Councilor City Councilor


JOHN CARLOS G. DELOS REYES BELLA P. ASUNCION
City Councilor City Councilor


MAREY BETH D. MARZAN ANGELINA B. ANDRADA
City Councilor City Councilor


BRIAN PATRICK H. GORDON ANSELMO A. AQUINO
City Councilor City Councilor


EDWIN J. PIANO GINA G. PEREZ
City Councilor City Councilor


CARLITO A. BALOY ROBINE ROSE C. BUENAFE
President, Liga ng mga Barangay SK Federation President


ATTEST:

ELFLIDA S. SALMON
Council Secretary


APPROVED BY HIS HONOR, THE CITY MAYOR ON______________________.



JAMES GORDON, JR.
City Mayor
ATTEST:

DELFIN A. JUICO, JR.
Secretary to the City Mayor