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

FIFTEENTH CONGRESS
Second Regular Session

1256"
COMMITTEE REPORT NO.

Submitted by the Committee pp Local Government on _ m 1
Re: Howe BillNo. 4903 =

Recommending its approval in substitution of House Bill No.240

Sponsors: Chairman George P. Arnaiz and Representative Pedro P. Romualdo

Mr. Speaker:

The Committee on Local Government to which was referred House Bill No. 240
introduced by Representative Pedro P. Romualdo entitled:

“AN ACT
DEVOLVING TO CITY AND MUNICIPAL GOVERNMENTS THE
REGISTRATION OF FISHING VESSELS THREE GROSS TONNAGE AND
BELOW AND FOR OTHER PURPOSES”
has considered the same and recommends that the attached House Bill No. 4903
entitled:

“AN ACT
DEVOLVING TO MUNICIPALITIES AND CITIES THE REGISTRATION OF
FISHING VE: SS WITH A GROSS WEIGHT OF THREE (3) TONS AND
BELOW”

be approved in substitution of House Bill No. 240 with Representative Pedro P.
Romualdo as author thereof.


Committee on Local Government

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES


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

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 4903

Introduced by: REPRESENTATIVE PEDRO P. ROMUALDO

AN ACT
DEVOLVING TO MUNICIPALITIES AND CITIES THE REGISTRATION OF
FISHING VESSELS WITH A MAXIMUM GROSS WEIGHT OF THREE (3)
TONS OR LESS.

Be it enacted by the Senate and the 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 their

respective jurisdictions.

SEC. 2. Responsibilities of the Local Government Units, - The municipality or

city, 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)
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;

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;


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d. To cancel or revoke, after due process, 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;

e. To impose reasonable administrative fines and penalties for non-registration
of the fishing vessel within its territorial jurisdiction. The revenues collected
out of fines shall be retained by local government units concerned 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;

SEC. 3. Responsibilities of the Department of Agriculture-Bureau of Fisheries
and Aquatic Resources Regional Offices. ~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.

SEC. 4. Responsibilities of the Owner/Operator. — The owners/operators of registered
days any changes in the ownership of the

fishing vessels shall report within ten (10) wor
registered fishing vessel or change of home port or change of name of fishing vessel. Such
changes shall only be reflected upon submission of a new application for the issuance of a new

certificate of registration.

SEC. 5. Implementing Rules and Regulations. ~ The MARINA, PCG, DA-BFAR and
the Leagues of Municipalities and Cities of the Philippines, in consultation with the Fisherfolk

Sector, shall promulgate the necessary rules and regulations to implement this Act.
SEC. 6. Repealing Clause. ~ All laws, decrees, executive orders, rules and regulations
inconsistent with the provisions of this Act are hereby amended, repealed or modified

accordingly.

SEC. 7. This Act shall take effect fifteen (15) days after its publication in any newspaper

of general circulation.

Approved,


epre$

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

FIFTEENTH CONGRESS
First Regular Session

EG 240
House Bill No. _—

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” 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 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 beiow 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 appreciated. C

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

FIFTEENTH CONGRESS
First Regular Session

np } 949
House Bill No. =

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 u

@ concerned shall maintain up-to-date records of all registered fishing ve
within their jurisdiction.At 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
appropriate documents to the fisher folks to operate a motorized fishing ves
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.

| @ ection 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 fithing vessel or
change of home port or change of name of fishing vessel. These changes will

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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. dmplementing 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.


FACT SHEET

House Bill No. 240
(As approved by the Committee on March 23, 2011)

DEVOLVING TO CITY AND MUNICIPAL GOVERNMENTS THE
REGISTRATION OF FISHING VESSELS THREE GROSS TONNAGE
AND BELOW
Introduced by: Rep. Pedro P. Romualdo

Committee Referral: Local Government —_(Primary)
Committee Chairperson: Rep. George P. Arnaiz

OBJECTIVES:
* To relieve marginalized fishermen owning fishing vessels of up to a maximum
gross weight of three (3) tons from the burden of incurring additional
expenses when travelling to the MARINA Regional Offices to register said
vessel,
* To enable the MARINA to concentrate on its primary mandate; |
« To enable the Local Government Units (LGUs) to better monitor the local
fishing industry and generate additional funds.
KEY PROVISION:

* Devolves to city and municipal governments the authority to register fishing
vessels up to a maximum gross weight of three tons.

* Specifies the responsibility of the LGU, DA-BFAR and the owner/ operator of
fishing vessel

* Allows the LGU to impose fines and penalties for non-compliance with the
law, retain the revenue collected to be used for training of hiring personnel for
the registration and monitoring of vessels.

RELATED LAW:

* Republic Act No. 9295 otherwise known as “The Domestic Shipping
Development Act of 2004.

* Executive Order No. 305, devolving to the local government units the
registration of fishing vessels three gross tonnage and below.