Re: Devolving to Municipal and City Governments the Registration of Fishing Vessels Three (3) Gross Tonnage and Below

2005

NATIONAL ANTI-POVERTY COMMISSION IMPLEMENTING GUIDELINES OF EXECUTIVE ORDER 305

Pursuant to Executive Order 305, entitled "Devolving to Municipal and City Governments the Registration of Fishing Vessels Three (3) Gross Tonnage and "Below", the following implementing Guidelines is hereby promulgated.

SECTION 1.  Definition of Terms. —

As used in this Guidelines, the following terms and phrases shall mean as follows:

Registration — an act/process of enlisting a fishing vessel three (3) gross tons and below for the purpose of establishing its identity and ownership by assigning it a permanent number [recorded in the municipal registry of municipal fishing vessels]

Admeasurement — means the measure of the volumetric capacity of the fishing vessel to determine its gross tonnage

Gross Tonnage — the product of vessel tonnage length, tonnage depth, and tonnage breadth modified by a factor of 0.70 divided by 2.83

License/Permit to fish — the privilege to fish in its municipal waters granted to registered fisherfolk by the LGU

LGUs — local government units as used in E.O. 305 refer to cities and municipalities

Fishing vessel — any watercraft used for fishing or in support to fishing operations in municipal waters weighing three (3) gross tons and below

Net Tonnage — the GT modified by a factor 0.32

Registered Breadth — the transverse distance taken at a widest part of the hull, excluding rub 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. DEICHc

Registered Depth — the vertical distance taken at or near midships from a line drawn horizontally through the gunwale of the skin of the sides of the hull (excluding the rail) to the outboard face of the bottom skin of the hull, excluding the keel

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

Tonnage Length — the length measured at the centerline of the fishing vessel from the point forward where the line of the tonnage deck intersects the line of the inboard faces at the stem to the point aft where the line of the tonnage deck intersects the inboard face of the stern

Tonnage Depth — measured at the centerline from a point below the line of the tonnage deck. Measurement taken at right angle to the vessel centerline of the vessel down to the inboard of the bottom skin of the hull

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

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 of fishery reserves, but also marine waters included between two (2) lines drawn perpendicular to the general coastline from points where the boundary lines of the municipality touch the sea at 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 are so situated on opposite shores that there is less than thirty (30) kilometers of marine waters between them, the third line shall be equally distant from the opposite shore of the respective municipalities.

Motorized fishing vessel — a fishing vessel propelled by mechanical means

MARINA — Maritime Industry Authority

PCG — Philippine Coast Guard

BFAR — Bureau of Fisheries and Aquatic Resources

Homeport — Refers to the LGU where the fishing vessel is registered

SECTION 2.  Objectives. —

2.1  Uniform guidelines. To prescribe a uniform system and procedure to guide all municipal and city local government units in the conduct of the registration of fishing boats three (3) gross tonnage and below.

2.2  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 boats three (3) gross tonnage and below.

2.3  Implementation and monitoring. To establish mechanisms to implement this Order and enable all agencies involved to monitor compliance.

SECTION 3.  Roles of the Agencies and LGUs. —

3.1  The MARINA and PCG shall extend technical assistance and support to the local government units with respect to registration of fishing vessels as provided for in E.O. 305 and maintain a separate data bank of the list of registered fishing vessels registered. With the exception of the registration functions as devolved, the MARINA and PCG shall continue to exercise visitorial functions to enforce compliance with the Revised Philippine Merchant Marine Rules and Regulations and all other existing laws, rules and regulations on maritime safety.

Said offices shall also assist the LGUs to qualify and issue appropriate documents to the fisherfolk to operate a motorized fishing vessel.

3.2  The BFAR shall maintain a separate databank of the list of registered fishing vessels for record purposes and monitoring of level of fishing effort.

SECTION 4.  Scope of Devolved Registration Functions. —

4.1  The registration is limited to the conferment of identity to the fishing vessel and does not serve as an authorization or license to fish in municipal waters, which shall be the subject of a separate application with LGU in accordance with its fishery ordinance and RA 8550.

4.2  The devolution does not prevent the MARINA and the PCG to exercise their visitorial functions to enforce compliance with the Revised Philippine Merchant Marine Rules and Regulations and all other existing applicable laws, rules and regulations on maritime safety.

SECTION 5.  The General Registration Guidelines. —

5.1  Application

The LGUs must require the applicant to file an application under oath using a standard application form (Annex A), which shall contain the following information: name of owner, nationality, residence, type and make of fishing vessel and propulsion, and other pertinent information that the LGU may require.

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

5.2  Tonnage Measurement

The LGUs with the assistance of MARINA and PCG shall train and authorized a pool of inspectors to conduct an inspection of the fishing vessel to determine its gross tonnage using the metric formula as follows:

                                                  Tonnage Length x Tonnage Breadth x Tonnage Depth x 0.70

                     Gross Tonnage = —————————————————————————

                                                 2.83

The inspector shall certify the correctness of the admeasurement in the standard tonnage form (Annex B).

5.3  Certification from the Philippine National Police

The LGUs shall require the applicant to secure a clearance from the PNP Maritime Office in the LGUs or in its absence, the local PNP, certifying that the fishing vessel is not involved in any criminal offense

5.4  Issuance of Certificate of Number

The LGUs shall issue a Certificate of Number using the standard format (Annex C) once all the documentary requirements are fully complied with and upon payment of the registration fee.

5.5  Payment of Fees.

The LGUs shall require the applicant to pay the prescribed registration fees

The LGUs shall require the applicant to pay the prescribed registration fees

5.6  Official Number, Assignment of Name and Marking of Vessels

5.6.1  Official Number

The LGUs shall assign an official number to a registered fishing vessel, which shall correspond to a code specifying the Province, and LGU as listed in Annex D, which shall be painted, permanently marked or plated on both sides of the forward portion of the fishing vessel.

5.6.2  Assignment of Name

The LGUs, upon request of the owner/operator may assign a name to the fishing vessel. A name shall be assigned to only one (1) fishing vessel regardless of type 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. aDIHCT

The name of the fishing vessel shall be painted on both sides of the mid portion of the fishing vessel.

5.6.3  The LGU may institute a vessel-marking or color coding system within its municipality.

SECTION 6.  Monitoring of Registered Fishing Vessels. —

The LGUs shall institute a monitoring system to determine compliance with EO 305 and its Implementing Guidelines.

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

SECTION 7.  Issuance of new Certificate of Number. —

The LGUs shall issue a new Certificate of Number in case the fishing vessel changes its homeport.

A change in homeport may occur in case the owner/operator decides to change residence or principal office, or sells or transfers ownership of the fishing vessel to a person or entity with domicile in another LGU; the LGU shall, upon application for change of homeport, issue a certificate of clearance and shall delete the registration of such fishing vessel from its register.

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

1.  The single proprietorship, partnership, corporation or fisherfolk cooperatives has no branch office in the intended homeport;

2.  There is an outstanding safety requirement, which the boat has to comply;

3.  The fishing vessel is involved in a pending criminal or administrative case for violation of a fishery law or ordinance or a civil case regarding questions of ownership.

The new homeport shall issue a new CN upon filing of an application for issuance of a new CN supported by the following documents:

1.  The original copy of the CN; and

2.  Clearance to change homeport issued by the current homeport

Upon approval of the change of homeport, all records pertaining to the boat shall be transmitted by the previous homeport to the new homeport.

SECTION 8.  Re-issuance of Certificate of Number. —

The LGUs shall re-issue the CN in the following instances:

a. change in ownership or transfer of the fishing vessel without change in homeports

b.  change in the engine of motorized fishing vessel

c.  change of name.

A.  In case the fishing vessel is the subject of sale or transfer of ownership, the LGU government shall re-issue the CN, containing the amended information on ownership upon application of the new owner or transferee, and subject to compliance with following requirements:

1.  Submission of a duly notarized Deeds of Absolute Sale;

2.  Posting in the Barangay or Town 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 Town Mayor that said notice had been posted in the premises and that there are no oppositors to the fishing boat's sale; and,

4.  Original copy(ies), of the CN.

B.  In case of change in the engine,

In case of replacement of boat engine, an application for the issuance of new CN shall be filed with the current homeport accompanied by the following documents:

1.  The original copy of the CN; aESIDH

2.  Official Receipt of Purchase of engine; and

3.  Police Clearance that the engine purchased is not from a carnapped/stolen vehicle.

C.  Change of name of the boat

A LGU shall re-issue a CN when an owner or operator desires to change the name of his boat, upon application filed with the current homeport, stating the reason for such.

An application for change of name will not be approved if the boat 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. The following are the documents that should be attached to the application.

1.  The original copy of the CN;

2.  The Posting of a notice in the Barangay or Municipal Hall on the Change of Name of the boat, for a period of seven (7) consecutive days;

3.  Affidavit of Publication executed by the Barangay Captain or Town Mayor that notice had been posted and that no opposition or claims were filed against the boat during the seven-day period of publication.

SECTION 9.  Deletion or Cancellation of Registration. —

In case of loss or decay of the fishing vessel, or its involvement in a marine/maritime incident, the owner/operator shall immediately inform the LGU. The latter shall delete or cancel the fishing vessel's registration.

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

SECTION 10.  Record-Keeping and Submission of Reports. —

The LGU shall maintain up-to-date records of fishing vessels three (3) gross tonnage and below under their jurisdiction, and regularly submit to the MARINA Central Office or MARINA Regional Office concerned, the PCG Station/Detachment and DA-BFAR the list of vessels registered and deleted/cancelled within the first quarter of the succeeding year.

SECTION 11.  Fees, Fines and Penalties. —

1.1.1  The LGU shall exact payment of registration fees in an amount it deems necessary and appropriate to cover administrative cost.

11.2  The LGU shall legislate administrative fines and penalties for non-registration subject to the conditions set by the Local Government. The LGU are authorized to retain revenues from fines and penalties.

SECTION 12.  Local Government Technical Capacity-Building. —

The LGU shall train its technical personnel with the assistance of the MARINA and 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 13.  Transitory Provision. —

13.1  There shall be a transition period covering one year from the effectivity of EO 305. The PCG may continue its deputized function to register fishing vessels until expiration of the transition period. LGU actually undertaking registration pursuant to an ordinance may continue the registration until expiration of the transition period. After which, they shall enact an appropriate ordinance for this purpose, without prejudice to LGU's undertaking registration pursuant to an ordinance and upon proper training of their personnel. The LGUs shall notify, in writing, the MARINA and PCG of their readiness to assume fishing vessel registration function. CaHcET

13.2  The DILG shall issue a memorandum circular to enjoin LGUs to enact ordinance on fishing vessel registration.

SECTION 14.  Rules of Construction. —

Consistent with the intent of this Order, questions raised emanating from this guidelines shall always be interpreted in favor of the LGUs as well as, in a suppletory manner, the promotion of responsible and sustainable fisheries, and maritime safety.

SECTION 15.  Funding. —

National and Local agencies identified in E.O. 305 shall allocate funds to finance all activities related to the implementation of this Guidelines.

SECTION 16.  Repealing Clause. —

All Executive Orders, Department Order, Memorandum Circulars, Rules and Regulations or parts thereof contrary to or inconsistent with this Implementing Rule and Regulations and its Implementing Guidelines are hereby repealed or modified accordingly. AcHCED

SECTION 17.  Effectivity. —

This Implementing Rules and Regulations shall take effect fifteen (15) days after its publication in the Official Gazette.

(SGD.) SEC. ANGELO REYESDILG Secretary

(SGD.) SEC. RAUL M. GONZALESDOJ Secretary

(SGD.) SEC. LEANDRO M. MENDOZADOTC Secretary

(SGD.) SEC. ARTHUR C. YAPDA Secretary

Annexes

A-Standard Application Form

B-Admeasurement Form

C-Certificate of Number

D-Coding Scheme

AUTHORS OF THE IMPLEMENTING GUIDELINES OF EO 305

National Anti-Poverty Commission Fisherfolk Sectoral Council

•  Hon. Felix S de Leon — Sectoral Representative

•  Mr. Felizardo Lim — Council Member

•  Mr. Romeo T. Torcuator — Council Member

•  Mr. Sonny D. Mancol — Council Member

•  Mr. Rogelio D. Amatorio, Jr. — Council Member

•  Mr. Romeo C. Lanciola — Council Member

Department of Justice (DOJ)

•  Atty. Wilberto Tolitol — OSEC, Manila

•  Atty. Macapangcat Mama — PAO, Manila

Department of Transportation and Communications (DOTC)

•  Ms. Elenita Asuncion — Manila

Maritime Industry Authority (MARINA)

•  Atty. Patrick Ferraro — Manila

•  Engr. Romulo Estur — Manila

•  Engr. Daniel Reyes — Manila

Philippine Coast Guard (PCG)

•  CDR. Elson Hermogino — Cebu

•  LTSG. Mel Velasco, LL.B. — Manila

•  CDR. Ernesto Cabatac — Manila

Philippine National Police-Maritime Group (PNP-MARIG)

•  PSUPT. Nepomuceno M. Corpus, Jr. LLB — Manila

•  PSSUPT. Alfredo C. Alix — Manila

Department of Interior and Local Government (DILG)

•  Atty. Pete A. Noval, Jr. — Cebu

League of Municipality of the Philippines (LMP)

•  Mayor Raymundo Roquero — Manila

League of Cities of the Philippines (LCP)

•  Ms. Hazel M. Biniza — Manila

Department of Agriculture (DA)

•  Mr. Teofilo S. Mojica — Manila

•  Dr. Mariano S. Bugawan —Manila

Bureau of Fisheries and Aquatic Resources (BFAR)

•  Atty. Annaliza Vitug — Manila

•  Mr. Numeriano Candado — Cebu

Fisheries Resource and Management Project — BFAR (FRMP-BFAR)

•  Ms. Annabelle Trinidad — Manila

•  Ruperto Sievert — Samar

National FARMC

•  Ms. Marjurie Grutas — Manila

Fisheries Improved for Sustainable Harvest (FISH)

•  Mt. Mar Guidote — Cebu

•  Prof. Nygiel Armanda — UP, Cebu

•  Mr. Alexis Yambao — Surigao

•  Mr. Anicela Gulayan — Bohol

•  Mr. Farizal Ungkakay — Manila

•  Ms. Kristine Santos — Manila

Coastal Resource Management Project-DENR (CRMP)

•  Mr. William Jatulan — Cebu

Coastal Conservation Education Foundation

•  Atty. Rose-Liza Eisma-Osorio — Cebu

REECS-NGO

•  Dr. Jose Padilla — Cebu

Published in the Official Gazette on December 26, 2005 (Vol. 101, No. 52; Issn 0115-0421).