ORDINANCE 07 series of 2005


EXCERPT FROM THE MINUTES OF THE 59TH REGULAR SESSION OF THE  14TH SANGGUNIANG PANLUNGSOD, CITY OF GENERAL SANTOS, HELD AT THE SANGGUNIANG PANLUNGSOD SESSION HALL ON THURSDAY, AUGUST 25, 2005.

PRESENT:

Hon. Florentina L. Congson                                   City Vice Mayor and Presiding Officer

Hon. Shirlyn L. Bañas-Nograles                          City Councilor (President Pro-Tempore)

Hon. Jose Orlando R. Acharon                              City Councilor (Floor Leader)

Hon. Lourdes F. Casabuena                                   City Councilor (1st Assistant Floor Leader)

Hon. Minda L. Atendido                                         City Councilor (2nd Assistant Floor Leader)

Hon. Dominador A. Lagare                                   City Councilor

Hon. Ramon R. Melliza                                           City Councilor

Hon. Zoilo C. Abing, Sr.                                          City Councilor

Hon. Jose Mariano Constantino G. Gonzalez      City Councilor

Hon. Delia G. Rabanes                                             City Councilor (President, Liga ng mga Barangay)

ABSENT:

Hon. Minardo A. Avila, Jr.                                  City Councilor (O.L.)

Hon. Jose Mari C. Natividad                               City Councilor (O.B.)

Hon. Eduardo D. Leyson III                                  City Councilor (O.L.)

Hon. Orlando A. Oco                                              City Councilor (O.L.)

Hon. Brian G. Estrellan                                        City Councilor (SK Federation President) (O.L.)

WHEREAS, Section 149 (3) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, provides that the Sangguniang Panlungsod shall issue licenses for the operation of Fishing Banca three (3) gross tonnage and below and Section 16, 17 and 18 of R.A No. 8550, otherwise known as the Philippine Fisheries Code of 1998 provide that Local Government Units shall have jurisdiction on municipal water;

WHEREAS, Maritime Industry Authority (MARINA) is mandated under Section 12 of Executive Order No. 125- A to register fishing banca and deputized Philippine Coast Guard (PCG) to register fishing banca three (3) gross tonnage and below pursuant to Department Order No. 98- 1180 of the Department of Transportation and Communication (DOTC) and Maritime Industry Authority (MARINA) M.C No. 139;

WHEREAS, Executive Order No. 305 of the President of the Philippines ordered the devolution to Municipal and City Governments the registration of fishing banca three (3) gross tonnage and below in consultation with the City Fisheries and Aquatic Resources Management Council (CFARMC);

NOW, THEREFORE, on motion of City Councilor Shirlyn L. Bañas-Nograles, duly seconded by City Councilors Delia G. Rabanes and Jose Orlando R. Acharon, be, it.

RESOLVED, as it is hereby resolved, to enact the following Ordinance:

 

ORDINANCE NO. 07

Series of 2005

An Ordinance Providing for Policy Guidelines in the Registration OF Fishing VESSEL Three (3) Gross Tonnage and Below Pursuant

to Executive Order No. 305 ISSUED by the President of the REPUBLIC OF THE Philippines

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Hon. Shirlyn Bañas-Nograles and Hon. Ramon R. Melliza- Sponsors

– – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – – –

Be it ordained by the Sangguniang Panlungsod of General Santos, That:

           

            Section 1. Short Title- This Ordinance shall be known as the Registration and Licensing Ordinance of Fishing Banca, three (3) gross tonnage and below of the City of General Santos.

 

            Section 2. Definition of Terms. As used in this Guidelines, the following terms and phrases shall mean as follows:

Admeasurement – means measure of the volumetric capacity of the fishing banca to determine its gross tonnage.

City Government – refers to the City Government of General Santos

Fishing Banca – any watercraft used for fishing or in support to fishing operations in municipal waters weighing three (3) gross tonnage and below.

Gross Tonnage – the product of banca tonnage length, tonnage depth, and tonnage breadth multiplied by a factor of 0.70 divided by 2.83.

Homeport – refers to the City of General Santos where the fishing banca is registered.

License/Permit to Fish – the privilege to fish in its municipal waters granted to registered fisherfolk by the city.

Motorized Fishing Banca – a fishing banca propelled by mechanical means.

Municipal Waters – include not only streams, lakes, inland bodies of water and tidal waters within the municipality which are not included within the protected areas as defined under Republic Act No. 7586 (The NIPAS Law), public forest, timber lands, forest reserves or fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where low tide and a third line parallel with the general coastline including offshore islands and fifteen (15) kilometers from such coastline. Where two (2) municipalities there is less than thirty (30) kilometers of marine water between them, the third line shall be equally distant from the opposite shore of the respective municipalities.

Net Tonnage – the GT modified by a factor 0.32

Operators License – equivalent to the drivers license applicable to motorized fishing banca

Permit to Operate – a privilege granted to operate within the city waters of General Santos

Registered Breadth – the transverse distance taken at a widest part of the hull, excluding rails from the outerboard side of the skin on one side of the hull to the outboard side of the skin on the other side of the hull.

Registered Length – the horizontal distance between the outboard side of the foremost part of the stern and the outboard side of aftermost part of the stern, excluding fittings and attachments.

Registration – an act/process of enlisting a fishing banca three (3) gross tonnage and below for the purpose of establishing its identity and ownership by assigning it a permanent number (recorded in the municipal fishing banca)

Tonnage Breadth – measured at the midpart from the gunwale inside of the skin of the hull to the inside of the skin on the other side of the hull.

Tonnage Length – the length measured at the centerline of the fishing banca from the point forward where the line of the tonnage deck intersects the line of the inboard faces at the stern to the point all where the line of the tonnage deck intersects the inboard of the bottom skin of the hull.

 

Section 3. Objectives

3.1 Uniform Guidelines- To prescribe a uniform system and procedure to guide the City Government in the conduct of the registration of fishing banca three (3) gross tonnage and below.

3.2 Institutional Arrangements- To delineate the functions of all National Government Agencies, Leagues of Local Government Units and all other relevant sectors involved in the registration of fishing banca three (3) gross tonnage and below.

3.3 Implementation and Monitoring- To establish mechanisms to implement this Ordinance and enable all agencies involved to monitor compliance.

 

            Section 4. Administrative Provisions. The City Government shall be responsible for the issuance of permits and licenses in coordination with the Maritime Industry Authority (MARINA), Philippine Coast Guard (PCG), Philippine National Police- Maritime Command (PNP-MARICOM) and the Bureau of Fisheries and Aquatic Resources (BFAR). The said concerned agencies shall also extend technical assistance to support the City Government to qualify and issue documents with respect to the registration of fishing banca as provided for in E.O 305.

 

            Section 5. Registry of Fishing Banca. All fishing banca not only operating/fishing but also using the municipal/city waters must be registered. Only registered fishing banca shall be allowed to fish and use within its municipal/city waters. The listing of registered fishing banca shall be maintained and from to time updated by the Office of the City Agriculturist and be made available for public inspection.

 

            Section 6. Requirements for Registration of Fishing Banca. The following requirements shall be required for the registration of fishing banca into the city:

 

  1.  Duly accomplished registration form
  2.  Barangay clearance
  3. Community Tax Certificate for current year
  4. Invoice/receipt of engine, if new
  5. Deed of sale/affidavit of ownership, if second hand
  6. Picture of banca (5’ x 7’- 2 pcs., colored)
  7. Latest picture of owner not more than one (1) month (2 x 2- 2pcs., colored)
  8. Clearance from PNP- Maritime Region 12

 

            Section 7. Requirements for Issuance of Permit to Operate. The following requirements must be complied for issuance of permit to operate:

  1. Certificate of registration
  2. Duly accomplished application form
  3. Copy of previous permit to operate (renewal)

 

            Section 8. Requirements for Issuance of Motorized Fishing Banca Operators License. – Any Filipino citizen of legal age shall be issued a motorized fishing banca operator’s license, with the following requirements:

  1. Duly accomplished application form
  2. Community Tax Certificate
  3. Barangay Clearance
  1. Certificate from Owner of the Banca and Barangay Chairman on Navigational Knowledge and Techniques of Operation
  2.  Proof of payment of license and other prescribed fees
  3. Original copy of previous fishing banca operation license (renewal)

 

            Section 9. General Registration Guidelines.

 

9.1 Application. – The applicant has to file his/her application under oath using the prescribed application form, which shall contain the following information name of owner, nationality, residence, type and make of fishing banca and propulsion, and other pertinent information that the City Government may require.

Only Filipino citizens, single proprietorships, partnerships and/or corporations and duly registered or accredited fisherfolks associations and cooperatives, are eligible to apply for registration.

9.2 Tonnage Measurement. – The City Government with the assistance of MARINA and PCG shall train and authorize a pool of inspectors to conduct inspection of the fishing banca to determine its gross tonnage using the metric formula as follows:

Gross Tonnage = Tonnage Length x Tonnage Breadth x Tonnage Depth x 0.70

2.83

The inspector shall certify the correctness of the admeasurements in the standard tonnage measurement form.

 

9.3 Certification from the Philippine National Police- Maritime. –  The City Government shall require the applicant to secure a clearance from the PNP Maritime Office in the City Government in its absence, the local PNP, certifying that the fishing banca is not involved in any criminal offense.

 

9.4 Issuance of Certificate of Registration, Permit to Operate and Motorboat Operator  License. –  The City Government shall issue a Certificate of Registration using the standard format upon compliance of all requirements and payment of registration fee.  Also, the City Government shall issue permit to operate and motorboat operator license upon compliance of all requirements and payment of appropriate fees.

 

9.5. Official Number, Assignment of Name and Mar

king of Fishing Banca

 

9.5.1 Official Number.- The City Government shall assign an official number to a registered fishing banca, which shall correspond to a code (ex. SAR- 01- 0001), specifying the City Government, which shall be painted permanently marked or plated on both sides of the forward portion of the motorized fishing banca, each letters/numbers are to be painted orange in color. The code shall be painted 6” x 18” in dimension.

 

9.5.2 Assignment of Name. –  The City Government, upon request of the owner/operator may assign a name to the fishing banca. A name shall be assigned to only one (1) fishing banca regardless of type of fishing gear. If the proposed name has already been assigned to another registered boat, the owner or operator has the option of adding letters of the alphabet, any Arabic number or Roman numeral, which can be represented by words or its numeric equivalent, to the proposed name.

The name of the fishing banca shall be painted orange in color on both sides of the mid portion of the fishing banca.

 

            Section 10. Monitoring of Registered Banca. – The City Government shall institute a monitoring system to determine compliance with E.O 305 and its implementing guidelines.

The City Government shall take into consideration other factors to guide them in approving the registration of fishing banca, such as but not limited to the carrying capacity of its marine resources and the constitutional and statutory preferential rights of municipal fisherfolks within the municipal waters.


 

            Section 11. Issuance of New Certificate of Number. – The City Government shall issue a new certificate of number in case the fishing banca changes its homeport as their point of origin to General Santos City as their new homeport.

A change in homeport may occur in case the owner/operator decides to change residence or principal office, or sell or transfer ownership of fishing banca, to a person or entity with domicile in another Municipality/City. The City Government shall upon application for change of homeport, issue a certificate of clearance and shall delete the registration of such fishing banca from its previous homeport whom it was registered.

No clearance for the change of homeport shall be issued by the current homeport under the following instances:

  1. The single proprietorship, corporation or fisherfolk cooperative has no branch office in the intended homeport.
  2. There is an outstanding safety requirement, which the Fishing Banca has to comply;
  3.  The fishing banca is involved in a pending criminal or administrative case for violation of a fishery law or ordinance or a civil case regarding question of ownership.

Section 12. Re- Issuance of Certificate of Number. – The City Government shall re- issue the certificate of number in the following instances:

  1. Change in ownership or transfer of the motorized fishing banca without change in homeport
  2. Change in the engine of motorized fishing banca
  3. Change of name

A. In case the motorized fishing banca is the subject of sale or transfer of ownership, the City Government shall re- issue the certificate of number, containing the amended information on ownership upon application of the owner or transferee, and subject to compliance with the following requirements:

1. Duly notarized Deed of Absolute Sale;

2. Posting in the Barangay or City Hall for seven (7) consecutive days giving notice that the fishing banca has been sold or transferred to a new owner;

3. Affidavit of Publication executed by the Barangay Captain or the City Mayor that said notice has been posted in the premises and that there are no oppositors to the motorized fishing banca sale; and,

4. Original copy (ies) of the certificate of registration.

B. In case of change in the engine. In case of replacement of fishing banca engine, an application for the issuance of new certificate of number shall be filled accompanied by the following documents:

1. Original copy of certificate of number;

2. Official Receipt of Purchase of engine; and

3. Police Clearance from Traffic Management Group (TMG) that the engine purchased is not from a carnapped/stolen vehicle.

C. Change of name of the motorized fishing banca. The City Government shall re- issue a CN when an owner or operator desires to change the name of his fishing banca, upon application filed with the homeport, stating the reason for such.

An application for change of name will not be approved if the fishing banca is involved in civil case regarding question of ownership or in a criminal or civil case for violation of a fishery law or ordinance.

Only applications with complete documentary requirements shall be accepted.

 

            Section 13. Deletion or Cancellation of Registration. – In case of loss or decay of the fishing banca, or its involvement in a marine/maritime incident, the owner/operator shall immediately inform the City Agriculturist’s Office. The latter shall delete or cancel the fishing banca registration.


 

The City Government may also cancel or delete the registration of the fishing banca for other lawful causes, after duly notifying its owner/operator and compliance with the requirements of due process.

 

            Section 14. Record- Keeping and Submission of Records. – The City Government shall maintain up- to date records of fishing banca three (3) gross tonnage and below, and regularly submit to the Maritime Industry Authority (MARINA) Central Office or MARINA Regional Office concerned, the Philippine Coast Guard (PCG) Station/Detachment and Department of Agriculture- Bureau of Fisheries and Aquatic Resources (DA- BFAR) the list of fishing banca registered and deleted/cancelled within the first quarter of the succeeding year.

 

            Section 15. Imposition of Fees, Time and Mode of Payment. The fee imposed in this ordinance shall be paid in full to the City Treasurer of the City of General Santos upon registration of fishing banca three (3) gross tonnage and below and other fees imposed on this ordinance as follows:

 

 

TYPE OF APPLICATION

 

FEES

TIME/MODE OF PAYMENT

  1. Motorized Fishing Banca  Registration
  1. 10 hp & below
  2. 11 hp to 16 hp
  3. 17 hp & above

2. Permit to Operate (PO)

a.)  10 hp & below

b.)  11 hp to 16 hp

c.)   17 hp & above

3. Motorboat Operator License (MBOL

  1. Transfer of Ownership
  2. Change of Engine
  3. Annual Inspection Fee
  4. Environmental Sanitation Fee for Fishing Banca
  5. Change of Hull/Body Color
  6. Change of Dimension

10. Change of Name

100.00

200.00

300.00

100.00

200.00

300.00

250.00

300.00

200.00

100.00

150.00

200.00

200.00

200.00

Yearly

Every three (3) years on birth month

Upon application

Upon application

Yearly

Yearly

Upon application

Upon application

Upon application

 

            Section 16. Imposition of Surcharges and Interest on Late/Unrenewd Permits. – Failure to pay the permit fee or renew the permit within the time required every February of each year shall be imposed a surcharge not exceeding twenty- five percent (25 %) of the fees or charges paid on time and interest at the rate not exceeding two percent (2 %) per month of the unpaid fees or charges including surcharges, until such amount is fully paid. The basis in the computation interest will be based on the basic amount.

In case of non-operational of fishing banca, the owner/operator shall inform the City Agriculturist’s Office and submit a certification of non-operational from the Barangay Fisheries and Aquatic Resources Management Council (BFARMC) within the time required of the renewal of permits.

 

            Section 17. Penal Provision. – The City Government shall imposed administrative fines and penalties to the owner for non- registration and shall suffer the penalty of:

  • 1st Offense     P 500.00
  • 2nd Offense    1,000.00
  • 3rd Offense     3,000.00
  • 4th Offense     Confiscation of the fishing banca

Or imprisonment of one (1) month to six (6) months, or both such imprisonment and fine at the discretion of the court or where the violator of the ordinance does not contest his apprehension and elect to pay the fine imposed by this ordinance. The enforcement officer shall issue a citation ticket to the person apprehended without resort to the court. The citation ticket shall state or contain:

(a)   The name, signature, age and address of the person apprehended;

(b)   The material facts obtaining in the commission or omission of the crime defined and penalized under this ordinance;

(c)    The amount of fine which is payable in favor of the City Government of General Santos; and

(d)   Notice requiring the person apprehended for extrajudicial settlement of his violation by paying the prescribed fine at the Office of the City Treasurer within ten (10) working days from issuance thereof, otherwise, appropriate complaint be filed against him with the appropriate government agency such as the City Prosecutor for the filling of appropriate charge against him with the court of law.

 

            Section 18. Local Government Technical Capacity- Building. – The City Government shall train its technical personnel with the assistance of the Maritime Industry Authority (MARINA) and the Philippine Coast Guard (PCG) and designate appropriate officers for the full discharge of this devolved function. The MARINA and PCG, shall extend assistance and support to ensure that the services needed by the public are not disrupted.

 

            Section 19. Repealing Clause. All ordinances, resolutions, orders, memoranda and other issuances not consistent with this ordinance are hereby altered, amended or repealed accordingly.

 

            Section 20. Separability Clause. – If for certain reasons some provision of this ordinance are found to be invalid or unconstitutional, all other provisions hereof not affected thereby shall remain to be in full force and effect.

 

            Section 21. Effectivity Clause. – This ordinance shall take effect after fifteen (15) days following the completion of its full publication in any newspaper of general circulation within the City of General Santos.

Enacted by the Sangguniang Panlungsod, City of General Santos, on its 59th   Regular Session held on August 25, 2005.

CERTIFIED CORRECT:

                        (SGD) ATTY. ROSENDO A. ROQUE
                          Secretary to the Sanggunian

ATTESTED BY:

(SGD) FLORENTINA L. CONGSON

City Vice Mayor and Presiding Officer

Approved by His Honor, the City Mayor on September 23, 2005.

(SGD) PEDRO B. ACHARON, JR.

City Mayor

N.B.

            This Ordinance has been published in the THE SOUTHERN REVIEW as can be verified in its issue on October 31 to November 06, 2005.

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