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

SIXTEENTH CONGRESS

First Regular Session

2254

House Bill No.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

EXPLANATORY NOTE

‘The late Representative Pedro P, Romualdo originally filed this bill in the previous Congress and
was the subject of extensive hearings by the Committee on Local Government during the 15"
Congress. Its substitute bill, House Bill No. 4903, was approved on third reading on 15 August
2011 and was transmitted to the Senate on 18 August 2011. However, the Senate failed to take
action on the matter. The Explanatory Note of the late Representative Romualdo is herein
reproduced and adopted as the explanation for the filing of this bill:

‘The Maritime Industry Authority (MARINA) is mandated under Republic Act No.
9295, otherwise known as the Domestic Shipping Development Act of 2004, to
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was superseded by the passage of Republic Act No. 9295.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 (LGUs) 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 LGUs 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 sector in their respective arca of jurisdiction since 2004. As a result of this, the
LGU’s were able to strictly monitor the activities of their fisher folks communities 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
1am 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
better concentrate on pursuing its primary mandates. The other agencies mentioned
can also closely coordinate with the LGUs in this particular task.

In view of the foregoing, the support of the Members of Congress for the timely passage of this

measure is earnestly requested. 22a

XAVIER JESUS “XJ” D. ROMUALDO



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
SIXTEENTH CONGRESS
First Regular Session

House Bill No.

INTRODUCED BY REPRESENTATIVE XAVIER JESUS “XJ” D. ROMUALDO

AN ACT
DEVOLVING TO MUNICIPALITIES AND CITIES THE REGISTRATION OF
FISHING VESSELS WITH A MAXIMUM GROSS WEIGHT OF THREE TONS OR
LESS

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

Section 1. Devolution of Registration of Fishing Vessels. — The registration of fishing vessels
with a maximum gross weight of three (3) tons or less is hereby devolved to municipalities and
cities, which have marine or inland waters in theit respective jurisdictions.

Section 2. Responsibilities of the Local Government Units. — The city or municipality, as the
case may be, shall perform the following responsibilities:

(a) To maintain updated records of all registered fishing vessels within its
jurisdiction;

(b) To furnish on a regular basis the respective regional offices of the Maritime
Industry Authority (MARINA), the Philippine Coast Guard (PCG)
stations/detachments, 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;

(c) To institute a strict monitoring process to determine compliance by the owners of
registered fishing vessels and to issue a new certificate number which must be clearly
posted in the registered vessel for proper identification;

ss, the registration of the fishing vessel if
found to have violated pertinent municipal or city ordinances and maritime laws. The
owner/operator shall be immediately notified of the scheduled hearings. The
MARINA, PCG, and DA-BFAR shall be provided with a copy of the result of the
hearing and its decision thereto; and

(d) To cancel or revoke, after due prov

(e) To impose reasonable administrative fines and penalties for non-registration of
the fishing vessel within its territorial jurisdiction. The revenue collected out of fines
shall be retained by the local government units concemed and shall be used for
training or hiring of additional personnel to handle the registration of fishing vessels
and the monitoring of compliance to such registration.

Section 3. Responsibilities of the Maritime Industry Authority, the Philippine Coast Guard, and
the Department of Agriculture - Bureau of Fisheries and Aquatic Resources. ~ The MARINA
and the PCG, in coordination with the DA-BFAR, shall extend technical assistance and auxiliary
support and training to the local government units concerned with respect to the registration of
fishing vessels covered under this Act.


‘The DA-BFAR regional offices shall maintain a separate databank of the list of registered fishing
vessels for record purposes and for proper monitoring of fishing activities in their respective area
of operations.

Section 4. Responsibilities of the Owner/Operatior. ~ The owners/operators of registered fishing
vessels 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 the fishing vessel. Such changes
shall only be reflected upon submission of a new application for the issuance of a new certificate
of registration.

Section 5. Implementing Rules and Regulations. - The MARINA, the PCG, the League of
Municipalities of the Philippines, and the League of Cities of the Philippines, in consultation
with the fisherfolk sector, shall promulgate the necessary rules and regulations to implement this
Act.

Section 6. Repealing Clause. —All laws, decrees, executive orders, proclamations, rules and
regulations and other issuances or parts thereof which are inconsistent with the provisions of this
‘Act are hereby repealed or modified accordingly.

Section 7. Effectivity. - This Act shall take effect fifteen (15) days after its publication in a
newspaper of general circulation.

Approved.