Proposed ban vs. fish pens endorsed, opposed
AMENDING DAGUPAN’S FISHERIES ORDINANCE
THE proposed ordinance now pending before the Dagupan Sangguniang Panlungsod (SP), prohibiting fish pens in all the waters of city sailed on rough waters during a pubic hearing last week.
The proposal prohibiting the establishment of fish pens and further amending parts of Ordinance No. 1768-2003 or the Dagupan City Coastal Fisheries Resources Management Ordinance of Year 2003 was endorsed by the city hall and stakeholders but was also opposed by residents in possession of titled properties that have already became parts of rivers as a result of erosion.
During the public hearing conducted by Councilor Jeslito Seen, proponent of Draft Ordinance No. 0551, Alex de Venecia, former councilor and president of the Dagupan City Lions Club, endorsed the proposed ordinance, stressing the need to give the rivers a breathing spill in order to recover their lost eco-system caused by years of overuse.
Celso Salazar, assistant Provincial Environment and Natural Resources Officer (PENRO) of Pangasinan, said that the most destructive polluters of the river system are the fish pens.
Councilor Seen said Ordinance No. 1769-2003 which his proposed ordinance seeks to amend allows the establishment of fish pens.
In the new ordinance, what will be permitted are fish cages where high-value fish like groupers, pampano, sea bass and others that are not dependent on fish feeds including fish traps i.e., “batikwas”, “sure win”, “sky lab”, “sky blue” including oyster rafts.
Both Alfredo Caguioa, president of the Dagupan Bangus and Fishpond Growers Association and Alfredo Dawana, president of the Fishpond Owners and Fishermen of Dagupan City, asked whether fish pens can be allowed on titled properties eroded over the years but away from the navigational lane but for which taxes continued to be paid.
City Legal Officer George Mejia pointed out that under the Water Code of the Philippines, all titled properties that already became part of rivers already belong to the state are now under the administration of the Department of Environment and Natural Resources (DENR).
The land may still belong to the holder of the land title but the water over this land now belongs to the DENR and, therefore, can not be controlled by any entity, including the supposed landowner, said Mejia, adding that the fish pens built on those former private properties are therefore illegal.
He said private property can revert to its former owner once the water over those areas recede by act of nature across the years.
The property owner cannot reclaim his ‘lost’ property by landfilling it unless the reclamation is approved by the Philippine Reclamation Authority (PRA).
Mejia suggested to the affected property owners to ask the city government to grant them tax credits for their loss.
He also clarified that the city government can not on its own cancel the titles of properties that already became part of the river, adding that the proper procedure for cancellation is for the DENR, as administrator of public domain, to recommend the cancellation of land titles by the Office of the Solicitor General.
On the other hand, City Agriculture Officer Emma Molina said approval of the proposed ordinance will put order in the livelihood of small fishermen and allow for a more serious effort in cleaning Dagupan’s river system.
Ronnie Cayabyab of the Ulupan na Managsigay ed Dagupan, asked that alternative livelihood projects be identified for those who will lose their means of livelihood once fish pens are totally banned. (Leonardo Micua)
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