Republic af the Philippines

SANGGUNIANG PANLUNGSOD TMLD AT THE SANGGUNIAN SESSION HALL ON JULY J1o,2a07. :

ORDINANGE 085 - 07

PRESCRIBING FOR TIIE REGISTRATION OF FISIIING VESSELS 3 GROSSTONS (GT) AND BELOW rN THE CrrY OF MASBATE, PROVTNCE OF MASBATE,

ND PROVIDING PENALTIES FOR WOLATION THEREOF.

Be it elnacted by the Sanguniang Panglungsod af the Ciq'of Masbate;

Section 1. Title - This ordinance shall be known as the "Fishing Vessel Registration20a7,"

Section 2. Scope - The ordinance shall cover all fishing vessels 3 GT and below operating within themunicipal waters of the City of Masbate.

Section 3. Policy - It is the policy of the Crty of Masbate to promote the proper management,

conservation, development, protection and utilization of its municipal waters, It shall regulate theutilization of its coastal and fishery resources. It shall be achieved through registration of fishingvessels 3 GT and below thereby giving priority to the residents and protecting the rights of thefisherfolk in the preferential use of municipality waters by delimiting access.

Section 4, Definition of Term * As used in this Ordinance, the following terms are defined as

follows:

City Vice Mayor/Presiding Of$cerCily CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorCity CouncilorEx0fficio/ Liga President

the measure of the volumetric capacity of the fishing vessel todetermine its GT

Bureau of Fisheries and Aquatic Resources

of identity of fishing vessel

people directly or indirectly, personally or physicallyengaged in taking and I or culturing and processingfishery andl or aquatic resources

a duly registered association of fisherfolk with a commonbond interest, who have voluntarily joined together to achievea lanfirl cofirmon social or economic end, making equitablecontribution to the capital requirement and accepting a fairshare of the risks and benefits of the undertaking inaccordance with universally accepted cooperative principles

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HON. ALLAN B. COSHON. RUBY M. SANCHEZHON. ALBERTO R. ABAYONHON- JOSE RODOLFO B. CORTES, ITHON. LUCIO J. AGLIILAR, JR.HON. JOVEN N. AGTIILARHON. JESUS E, DELA ROSAHON. RUDY JOY O. YAbIEZAHON. JONAA, REYHON. MARIO R, ESPINOSAHON. ELPIDIO B. VALENCIA

Admeasurements

BFAR

Certificate of Number

Fisherfolk

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Fisherfolk

Fishing Vessel

Gross Tonnage

Homeport

LGUs

License/ Permit to Fish

MARINA

PNP MANG

PCG

Motorized Fishing Ves s e I

Municipal Water

Net Tannage

Registered Breadth

Registered Length

Registrafion

Tonnage

any water craft used for fishing or in support to fishingoperation in municipal water rveighing (3) GT and below

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the product ofl'essel tonnage length, vessel depth, and vessel 5modified by a factor of 0.07 divided by 2.83 Sc-+-refers to the locality where the fishing vessel is registered

-:local government units; refer to cities & municipalities -==-p

the pnvilege to fish in its municipal water granted to { -.registered fisherfolk bythe LGU __):Mantime lndustry Authority

Philippine National Police Maritime Group N

Philippine Cost Guard L \

a fishing vessel propelled by mechanical means S.\\include not only streams, lake, inland bodies of water and \.tidal water of the municipalities which are not included \within the protected areas as defined under Republic Act No.7586 (The NIPAS Law), public forest, timber lands, forereserve or fishery rsserves, but also marine waters incbetween two (2) lines drawn perpendicular to the geeoastline from point where the boundary lines of tmunicipality touch the sea at low tide and third line parallelwith the general coastline including offshore islands andfifteen (15) kilometers from such coastline. Where two (2)municipalities are so situated on opposite shores that there isless than thirty (30) kilometers of marine waters betweenthem. the third line shall be equally distant from the oppositeshore of the respective municipalities.

thp GT modified by factor 0.32

the transverse distance taken at a vi.idest part of the hull,excluding rub rails from the outer board side of the skin onone side of the hull to the outboard side of the skin on theother side of the hull

the horizontal distance between t}e outboard side of theforemost part of the stem and the outboard side of theaftermost part of the stem, excluding fittings and attachments

an actl process of enlisting a fishing vessel three (3) GT andbelow for the purpose of establishing its identity and

ip by assigning it a permanent number (recordecl in thecily registry af cityfishing vessel)

measured at the mid part from the gunwale inside of the skinof the hull to the inside of the skin on the other side of thehull

measured at the centerline from a point below the line of thetonnage deck. Measurernent taken at right angle to the vesselcenterline of the vessel down to the inboard of the bottom

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Tonnage

skin ofthe hull

+ Tonnage Length the length measured at the centsr line of the fishing vessel

from the point forward where the line of the tonnage deck

intersects the line ofthe inboard faces at the stem to the point,

where the line of the tonnage deck intersects the inboard face

of the stem

Section 5. Registration of Fishing Vessels - All fishing vessels three (3) GT and below shall be

registered with the Ciq'through the Crty Agriculture Office (CAO)'

Section 6. Registry of Fishing Vessels

shall keep a registry of fishing vessels

information generation, monitoring and

and maritime safety.

- The Crty of Masbate through the Cif Agriculture Office3 GT and below. The registry shall be for the purpose of

regulation, establishment of identity of ownership of vessels

The CAO shall maintain and update the registry of fishing vessels with the assistance of the

BFARMCICFARMC and submit the update rigistries to the bff"t of the Mayor. The LGU shall

regularly submit the list of frshing u"r."i. registered and deleted/cancelled from the registry within the

nit q.ra*er of the succeeding year to the MARTNA Central Office or Regional Office concerned, thepCGitation and DA-BFAp. 'ifre Barangay Councils shall be furnished a copy of the registry to be

posted in barangay halls and in other strategic location where it shall be accessible to the public for

validation of the correctness and completeness of the list'

Section T. Eligibility for Fishing Yessel Registration - Only those fishing vessel which ars owned

foi Filipino .itl"nr, singte proprietorship, parinerships and/ or corporations fully owned by Filipinos,

ia a"fy registered oi acctedited frsherfolk asroiiation and cooperatives shall be eligible fft--f-registration.

Section 8. General Registration Guidelines for Issuance of Certificate of Number (CN)

The applicant shall submit to the CAO the following documentation:

a) Duly Accomplished Standard Registration Application under oath using a standard

application (Annex "A");a. certified standard Tonnage Admeasurements Form (Annex "B");

b) Clearance from PNP-Maritime Group Headquarter certifying that the fishing vessel is not

involved in any criminal offense;

c) Official Receipt of Purchase of Engine;

d Police Clearance that the engine purchased is not &om a car napped/stolen vessel: and,

e) Official receipt evidencing pa5/ment of corresponding vessel registration fees/?roof ofownershiP.

Section 9. Issuance of New Certificate of Number

The City shall verifir/issue a new CN in case of fishing vessel changes in homeport. A change in

homeport may occur in case the ownerlop erator 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 local

govemment unit. The City sha1l, upon application for change homeport, issue a certificate of clearance

ind shall cancel the registration of such fishing vsssel from its registry.

No clearance for the change issued by the curent homeport under the following instances

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a)

b)c)

the siofficetherethe

roprl corporation or fisherfolk cooperative has no branch

:ding safety requirement, which the fishing vessel has to comply;

is involved in a pending civil case regarding questions of ownership

a new CN upon filing of an application for issuance of a new CN

ments:

the CN; andhomeport issued by the current homeport

The

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Upon approval of the change of homeport, allthe previous homeport to the new homeport.

records pertaining to the vessel shall be transmitted by

Section 10. Re-issuance of CN. The City shall re-issue the CN in the following instances:

Change in ownership or transfer of the fishing vessel without change in thehomeports:Change in the engine of motorized fishing vessel:

Change of name: and,Loss of CN.

ln case the fishing vessel is the subject of sale or transfer of ownership, the City shall recontaining the amended information or ownership upon application of the new ownerand subject to cornpliance with the following requirements:

Submission of a duly notarized Deed of Absolute Sale : LPosting in the Barangay or tornn/City Hall for seven (7) consecutive days giving noticethat the fishing vessel has been sold or transferred to a new owner.

c. Affidavit of posting executed by the Punong Barangay or City Mayor that said notice had

been posted in the premises and that there are no oppositors to the fishing vessel's sale;

and,d. Original copy (ies) of&e CN.

In case of replacement of vessel engine, an application for the issuance of new CN shall

filed with current homeport accompanied by the following documents.

a. The original copy of the CN;b. Offrcial Receipt of Purchase ofEngine; andc. Police Clearance that the engine purchased is not from carnapped/stolen vessel.

C. Change of name

The City shall re-issue a CN when an owner or operator desires to change the name of hisfishing vessel, upon application filed with the current homeport, stating the reason for such.

An application for change of name shall not be approved if the fishing vessel is involved in acivil case regarding que$tion of ownership or in a criminal or civil case for violation of a

fishery law or ordinance.

Only application with complete documentary requirements shall be accepted. The followingare the documents that should be attached to the application. \//

I T*'J:',,il1':f'""::T"3T,; ,n- Barangay or city Ha, on the change ,, gname of the fishing vessel for a period of seven(7) consecutive days; ll

c. A{frdavit of_BostgS executed by the Punong Barangay or City Mayor that I I

noticghad@posted and that no opposition or claims were filed against the I I

,zgg{ffig the seven-day period of posting. I !ls"S\ llT\\\ Ud.\ Affilddvit of loss; and v F-

a.

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b.

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-issue the CNor transferee,

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ancl ' Hpy of the original CN. , ) S:3N(+s

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Section 11. Vessel Marking or Color coding af

For easy identification of fishing vessels from the City, all duly registered fishing vessels+operatinginthemunicipalwatersha11beassignedanafficialnumberandanameandsha1lbe>painted a mark/color GREEN pursuant to Annex D. SSection 12. Deletion and Cancellation of Fishing Vessel Registration - The fishing vesseF^-'registration shall be deleted or cancelled under the following circumstances: 4

a Loss or decay of the fishing vessel; fb Involvement of the vessel tn amarinelmaritime incident; -tc Transfer of municipal areaof operation of the fishing vessel; and, :)-d Such other lawful causes.

Under the foregoing circumstances, the ownerl operator of the subject vessel shall Rimmediately inform the City. r S

Section 13. Monitored or Registered Fishing Yessel N\s.-\The LGU shall institute a monitoring system to determine compliance with EO 305 and its a\-.!implementing Guidelines. =S'\The LGU shall take in consideration in its legislation other factors to guide them in approvingthe registration of fishing vessels, such as but not limited to the carrying capacity of iiJmariniresources and constitutional and statutory preferential right of municipal fisherfolk witbinmunicipal waters.

14. Sehedule of Fees. The City shall exact the following registration fees annuamotorized banca to be operated within the municipalwaters of Masbate City, to wit:

a. Certificate of Numberb. Permit to Operate:

1. One (1) gross ton (GT) and below2. Above One (1) GT to Two (2) GT --------3. Above Two (2) GT to Three (3) GT

Operator's LicenseTransfer of Ownership -------:

Section 15. Time of Payment. The fee imposed in the preceding section shall be paid to theCity Treasurer upon applicalion for a motorboat registration before any operation can belawfully begun and within the first twenty (20) days of January of each year and every yearthereafter.

Section 16 Fines and Penalties. Any person found violating hereof shall be penalized inaccordance with the following:

C,

d.

Php 65 00

200 00300.00400.00150.0075.00

a written warninga{rne of Two Hundred Pesos (Php200.00)a fine of Five Hundred Pesos (Php500.00) andof not less than 1 month but not more thanfine and imprisonmerrt at the discretion of the

Section 17 Repealing Clause. All ordinances, circulars, orders and issuances inconsistenthereto are hereby repealed revoked

Sectior 18 Effi is Ordinance shall take affect fifteen (15) days afr.er its publicationing in three (3) public places

l*t Offense2nd offense3'd offense an rmpflsonment

6 months or bothcouft.

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for each

in the local

ANNEX A.: Municipal Fishing vessel Registration Apprication Form

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Republic of the PhilippinesProvince of Masbate

City of Masbate t\

MFVR NO. DATE OF APPLICATION

NAME OF OWNER {Suma,?rc, Fit st Nsme, At.I) ADDRESS thto- af Street, Barangay, Mt LniiipW

HOMEPORT

S

NAME OF FISHING VESSEL VESSEL TYPEn Non-motorized

n Motorized

xSS\

x

NAME OF BOAT BUILDER fsarname, First Nqme, ]u!.t) PLACE OF BUILT YEARBUILT

FOR CIIANGE IN HOMEPORTPRE\TOUS HOMEPORT ORIGINAL CN

FOR CHANGE IN OWNERSHIPNAME OF PREVTOUS OWNER 1s, rrume. First Name, a.{.r j ADDRESS OF PREVIOUS OWNER gio. of Stteet, Barangay,

Mun i c i p a li ty/C i t y, P r ovi n c e )

FOR CHANGE IN TECHMCAL SPECIFICATIONS Ltrn

Modifi ed vessel admeasurementsNew engine

ORIGINAL CN re

FOR CHANGE IN NAME OF FISHING VESSEL

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N\

oRrcr\NAI,G OF FTSHTNG \ESSEL ORIGINAL CN

PROPOSED NAME

1. Principat: 2. AlterrlateFOR DELETION/CANCELLATION OF FISHING \,ESSELS REGISTRATION

REASON'S FOR DELETION/CANCELLATION

nTu

Decay of fishing vesselLoss of fishing vesselOthers,

I}IEREBY CERTIFY TI{AT ALL INFORMATIONCONTAINED HEREIN IS TRI]E AND CORRECT

PRINTED NAME AND SiGNATIIRE OF OWNER

REMARKS FINDINGS AND RECOMMENDATIONS

Noted bv:

City Agricultwist

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Annex B: Certified Standard Admeasurements Form

Republic of the PhilippinesProvince of Masbate

City of Masbate

X Non+notorizecl tr MotorizerlFISHING VESSEL DIMENSiffi

BREADTH (lileters)

OSS TONNAGE NET TONNAGE

PARTTCULARS OF PROPULSI0}-I SYSTEMSERIAL NUMBER

NO. OF CYLINDERS PLACE OF INSPECTION DATE OF INSPECTION

I }IERERI(CERTIFY TI{AT ALL INFORMATIONCONTAINED T{EREIN IS TRUE AND CORRECT

AND T}I{TACTUAL INSPECTIONOF TTIEFISHING YESSEL WAS CONDUCTED

PRINTED NAME & SIGNATURE OF ADMEASURING OFFICER

REMARKS FINDINGS AND RECOMMENDANONS

)

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Annex C: Certificate of Number

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Republic of the PhilippinesProvince of Masbate

City of Masbate s

NAME OF FISHING VESSEL VESSEL TYPEtr Non-motorized

U Motorized

HOMEPORT .I

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THIS IS TO CERTIFYTHAT Mr./lVIrs.Ms of Brgy.City of Masbate in ths Province of Masbate is OWNER/OPERATOR of the herein named described fishitgvessel.

FISHING YESSEL DIMENSIONS AND TONNAGESLENGTH (Afierers) BREADTH (Aieters) DEPTH (Afieters)

GROSS TONNAGE NET TONNAGE

PARTICULARS OF PROPULSION SYSTEMY MAKE SERIAL NO" HORSEPOWER q

NAME OF BOAT BUILDER PLACE BUILT YEAR BI.IILT

NtIqsued in compliance with R,{ 8550 and EO 305 and under the provisions of section _ of City Ordinance NO.+aton

Cif Mayor

Paid under O.R. No.:Date:

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REGION PROYINCE MUNICIPALITIES/CITIES

ASSIGNCODE

ASSIGN NO.

5 Masbate 1*'District1. Batuhan MAS-O1-0001 to up

2. Claverra MAS-02-0001 to up

3. Monreal MAS-03-0001 to up

4 SanFernando MAS-04-0001 to up

5. San Jacinto MAS-05-0001 to uP

6. San Pascual MAS-06-0001 to up

2"o District7. Arorov MAS-07-0001 to up

8. Baleno MAS-08-0001 to up

9. Balud MAS-09-0001 to up

10. Mandaon MAS-10-0001 to uo

i1$t ".{,1x12. Milaeros MAS-12-0001 to up

13. Mobo MAS-13-0001 to up

3"" District14. Catainsan MAS-14-0001 to up

15. Cawavan MAS-15-0001 to up

16. Dimasalang MAS-16-0001 to up

TT.Esperanza MAS-17-0001 to up

18. Palanas MAS-18-0001 to up

19. Pio V. Corpuz MAS-19-0001 to up

2A. Placer MAS-20-0001 to up

21. Uson MAS-21-0001 to up

Annex otD"

Enacted, Iuly 1Q,2007x-----------

JOSE RCity

xWe hereby certit/ to the correctness of the foregoing ordinanc.e which

enacted by the Sangguniang Panlungsod during its regular session on July l0,2OA7 '

was duly

LFO CORTES,II

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JOVEN N. AdIJTLAR

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/ oscAR 4l nsnniuI.t,A dfl'\Secretary to the Sangguniang PanlUngsod

J. AGUILAR, JR.City Councilor City Councilor

. ESPINOSAhcilor

YALENCIAiolLiga President

ATTESTEI} ANI} CERTIFIEDTO BE I}ILY.f,NAUT&D.

ATTY.

10