Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
FIFTEENTH CONGRESS

First Regular Session

House Bill No. _240

INTRODUCED BY CONGRESSMAN PEDRO P. ROMUALDO

EXPLANATORY NOTE

The Maritime Industry Authority is mandated under Republic Act No. 9295
otherwise known as “The Domestic Shipping Development Act of 2004” t
register fishing vessels in the country. However, it has not fully implemented its
mandate on this until it issued Memorandum Circular No. 2009 — 05, informing all
local government units concerned that Executive Order No. 305 dated 02 April
2004 was superseded by the passage of Republic Act No. 9295.

The local government units expressed the concern of marginalized fishermen
with fishing vessels three Gross Tonnage and below of the hardships of going to
the Regional Offices of MARINA just to register their fishing vessels.

All regional offices of MARINA, DA-BFAR and the Philippine Coast Guard are
based in regional centers or highly urbanized or component cities and are a good
distance away from far flung LGU’s and island municipalities. Thus, the travel
expenses and the follow-up process will entail additional financial burden to the
marginalized fisher folks.

The policy of Executive Order No. 305 which devolved to the local government
units the registration of fishing vessels three gross tonnage and below has been
strictly and successfully observed by the various local government units
concerned and the fisher folks in their respective area of jurisdiction since 2004.
As a result of this, the LGU’s were able to strictly monitor the activities of their
fisher folks sector as well as effectively address their needs.

The LGU’s have the track record and the capability to handle the efficient
registration of fishing vessels three Gross Tonnage and below. It is for this
reason that I am strongly advocating for this function to be devolved to the local
government units. This would also declog the MARINA from this type of
arduous task so it can also concentrate on pursuing their primary mandates. The
agencies mentioned in this Act can also closely coordinate with each other to
assist the LGU’s in this particular task.

The early passage of this bill is highly —-



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

: Q
House Bill No. 242

INTRODUCED BY CONGRESSMAN PEDRO P. ROMUALDO

AN ACT
DEVOLVING TO CITY AND MUNICIPAL GOVERMENTS THE REGISTRATION OF
FISHING VESSELS THREE GROSS TONNAGE AND BELOW AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section 1. City and municipal governments shall exclusively register all fishing
vessels with three gross tonnages and below. The local government units
concerned shall maintain up-to-date records of all registered fishing vessels
within their jurisdiction. It shall also furnish on a regular basis the respective
Regional Offices of the Maritime Industry Authority (MARINA), the Philippine
Coast Guard (PCG) Station/Detachment and the Department of Agriculture —
Bureau of Fisheries and Aquatic Resources (DA - BFAR) with a certified true
copy of the list of vessels registered and their complete description.

Section 2. The Maritime Industry Authority (MARINA) and the Philippine Coast
Guard (PCG) shall extend technical assistance, auxiliary support and training to
the local government units with respect to registration of fishing vessels
covered under this Act. It shall also assist the LGU’s to qualify and issue
appropriate documents to the fisher folks to operate a motorized fishing vessel.
Provided, However, That the MARINA and PCG shall continue to exercise
visitorial functions to enforce strict compliance of existing laws, rules and
regulations.

Section 3. The DA ~ BFAR Regional Offices shall maintain a separate data bank
of the list of registered fishing vessels for record purposes and proper
monitoring of fishing activities in their respective area of operations.

Section 4. The LGU’s shall institute a strict monitoring process to determine
compliance by the registered vessel owners and shall issue a new Certificate
Number which must be clearly posted in the registered vessel for proper
identification.

Section 5. All registered fishing vessel owners shall report within ten (10)
working days any changes in the ownership of the registered fishing vessel or
change of home port or change of name of fishing vessel. These changes will


only be reflected upon submission of a new application for the issuance of a new
certificate of registration.

Section 6. The LGU concerned after observing due process may also cancel or
delete the registration of the fishing vessel for violation of municipal ordinances
and maritime laws. The LGU shall immediately notify its owner/operator of the
scheduled hearings. It shall also provide a copy of the results of its hearing and
decision to MARINA, PCG and DA-BFAR.

Section 7. The LGU shall pass the necessary administrative fines and penalties
for non-registration of fishing vessels within its territorial jurisdiction. It is
authorized to retain and use the revenues collected out of the imposed fines and
penalties which they can used for the training of personnel or hiring of additional
manpower to handle the registration and monitoring of these fishing vessels.

Section 8. Separability clause. ~ If for any reason any section or provision of this
Act, or any portion thereof, or the application of such section, provision or
portion to any person group or circumstance be declared invalid or
unconstitutional, the remainder thereof shall remain in full force and effect.

Section 9. Repealing clause. — All other maritime laws, decrees, executive
orders, rules and regulations, or parts thereof, inconsistent with the provisions
of this Act are hereby modified, amended or repealed.

Section 10. Jmplementing rules and regulations. - The Maritime Industry
Authority (MARINA), the Philippine Coast Guard (PCG), the Department of
Agriculture — Bureau of Fisheries and Aquatic Resources (DA-BFAR) and the
League of Cities of the Philippines and League of Municipalities of the
Philippines shall draft the implementing rules and regulations to implement this
Act in consultation with the Fisher folk Sector.

Section 11, Effectivity. - This Act shall take effect upon its publication in two (2)
major daily newspapers of national circulation and in one (1) local newspaper in
all the provinces of the Autonomous Regions of Muslim Mindanao.

Approved.