ILOILO CITY , Philippines — Since Saturday, January 6, the Boracay Tourist Assistance Center (BTAC) has been implementing a crackdown against illegal sand castle-makers, as it enforces Malay Municipal Ordinance No. 246, Series of 2007.

The ordinance, enacted in July 2007, regulates sand-castle making in the beaches around Boracay Island in Malay, Aklan, citing the movement of huge volume of sand to make big “castles” for paid photography backdrops among tourists.

"This daily unregulated commercial activity tinkers with the natural terrain of the beach resulting to prolonged presence of irregular contours which affect the natural symmetry of the beach," the ordinance's rationale stated.

Senior Inspector Jose Mark Anthony Gesulga, BTAC chief, said they have been going around Boracay island to check if sand art makers are authorized to practice their craft.

Sand art is the practice of modeling sand into an artistic form, such as a sand brushing, sand sculpture, sand painting, or sand bottles. A sand-castle is a type of ‘sculpting’ sand to resemble a miniature building, often a castle.

Under the ordinance, sand-castle making, purpose of which is to be utilized as photography backdrop or any other purpose for a fee, shall be strictly prohibited.

Promotional and/or special event issued with proper mayor's permit, however, may include sand-castle making as an activity, provided that it is declared in the permit and shall be conducted within the designated sand-castle making areas, with payment of proper sand-castle building regulatory fees.

The ordinance further states that proponents of promotion or special events, having to include sand-castle making activity, shall pay P100 per square meter per day of the space utilized. But it should not exceed 5 days. "We would be checking if makers have the necessary mayor's permit," Gesulga said.

The sand-castle making shall not be conducted within the six-meter stretch from the edge of the vegetation area towards the beach. Also, the proponent is responsible for the leveling of the castle made and cleaning up the area after the activity.

Violators will be made to pay P2,500 for the first offense. For the second and subsequent offenses, an additional penalty of no less than 30 days imprisonment shall be imposed depending upon the discretion of the court.

Gesulga said they have received complaints that some sand-castle makers have been asking tourists a certain amount if they used the ‘structure’ as photography backdrop. "We received reports that some asked P50 per person," he added.

BTAC authorities also received complaint from Chinese tourists that they were forced to pay after they had their photograph taken at the beach, even if they were several meters away from the sand-castle.

There was also a complaint that they were victims of ‘salisi’ gangs. "While the complainant had his pictures taken at the sand-castle, he momentarily left his belongings. But his things went missing shortly later," Gesulga said.

There were also complaints of sand pollution due to kerosene or oil used in sand lanterns. There are around 10 sand art makers in the island.

Gesulga believed that they are earning way beyond than what the municipal government is asking them to pay as part of the regulatory fee. (FREEMAN)