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CHAPTER IV

CITY FISHERY LICENSE / PERMIT

Article H. Fishery License and Concession System

Section 35. Issuance of License.

A. No person, shall be permitted to fish within the Municipal Waters of the City without a
fishing license issued by the City; Provided, that license fees shall not be required of
marginal fisherfolk duly registered in the Registry of City Fisherfolks as herein
provided, for the purpose of fishing for their personal or families’ consumption and
upon certification from the BFARMC.
B. All persons duly licensed to fish within Municipal Waters of the City shall also secure
the corresponding gear license for any fishing gear that shall be used, in accordance
with the schedule of fees prescribed under Section 5A.06, Article A Chapter V of the
City Revenue Code.

Section 36. Licensing Requirements. Applicants for Fishery License shall submit the
following documents to the City Agriculture Office:

A. Duly Accomplished Application Form


B. Community Tax Certificate;
C. Certificate of Accreditation (for associations, cooperatives, partnerships, firms or
corporations);
D. Barangay Clearance from place of residence; and
E. Certification as a Registered City Fisherfolk

Section 37. Renewal of Fishery/Fishing License. The Fishery License or permit to fish
shall be renewed annually which should be done within the first twenty (20) days of January
of each year.

Section 38. Schedule of Fees. The license to use, occupy, produce, culture, capture or
gather fish of any species and other fisheries products in the municipal waters shall be
granted by the City Mayor through the FMU, upon payment of the corresponding fees
prescribed herein below; Provided, that registered fisherfolks from other municipalities shall
also pay the rates as herein provided:

A. License Fee Amount Per Annum


a. For Individuals Php100.00
b. For Fisherfolk Associations or Php300.00
Cooperatives
c. For Partnerships and Corporations Php500.00
B. For Registration/Licensing of fishing boat:
a. Non-motorized Php100.00
b. Motorized Php200.00
C. For using and/or engaging in the following:
a. Panglambay Php100.00
b. Pukot Palunod Php100.00
c. Yab-yab Php500.00
d. Bahan-bahan Pasol Php200.00
e. Subid Pangnukos Php100.00
f. Pukot Pagkuha sa Semilia
i. Sudsud, Sa-rap Php100.00
ii. Saplad Php300.00
g. Pamukot sa Aquarium Fish Php700.00
h. Bubo-Pangisda Php100.00
i. Panghugos Php100.00
j. Ali Php300.00
k. Kayagkag Php500.00
l. Paranghi Php100.00
D. Rentals for Operation of seaweeds culture
and fish cages at One Peso (Php1.00) per
square meter per annum.
E. Catching of Bangus fry or “kawag-kawag”
as provided in Section 5A.06 (3), Article A,
Chapter 5 of the City Revenue Code.

Section 39. Duties of Licensee, Permitee, and Exlusive Fishery Privileges Holders. All
licensee, permitee, and exclusive fishery privilege holders shall:

A. Take precaution as may be necessary to prevent destruction to the coastal and


fishery/aquatic resources, habitat within the municipal waters, and to ensure
environmental protection at all times.
B. Assume responsibility for the use of fishing boat and any or all acts of his agents,
employees or laborers, including those of contractors connected with his fishing
operation of the contract or during the fishing expedition, such as transport and or
possession of dynamite, cyanide and other poisonous or noxious substances, as well
as any fish caught through unlawful means;
C. Keep and submit all records and reports of transaction in connection with the license,
permit or lease in such format as required by the terms and conditions of the license
and as may be required by law.
D. Allow or render assistance to any law enforcer for purpose of inspection, searching
and examining any person, document. Records and places of operations including
storage areas auxiliary boats or goods aboard the boat.
E. Vacate the area covered by the fishery privilege, upon expiration or as directed by
authorized City Officials, unless renewed.
F. Clear, remove, destroy or demolish any debris, material, structure or gear on the
vacated area plaed or constructed on the site of the fishery privilege upon expiration
of cancellation of privilege.
G. Abide with all other related rules and regulations that will be legislated after the
effectivity of this Code.

Section 40. Gratuitous Permit. The City Government may issue gratuitous permits to City
fisherfolk to use, occupy, produce, culture, capture, or gather fish of any species and other
fisheries products in the City waters; Provided that government agency or institution of
learning may also be given gratuitous permit to engage in any fishery activities in the
municipal waters for scientific or educational purpose, subject to the terms and conditions as
may be imposed.

Section 41. Registry of City Fisherfolk. All persons desiring to be licensed to fish within
the Municipal Waters of the City must be registered in the Registry of City Fisherfolk. Only
bona-fide residents of the City or those who has resided in the City for six (6) months prior to
his application are eligible for inclusion in such Registry. The listing of registered persons
shall be updated annually and posted in barangay halls or other strategic locations for public
inspection and validation.
Section 42. Procedure for Registration of City Fisherfolk. Within six (6) months from the
effectivity of this Code, the BFARMC shall identify an initial list of people who are members
of the barangay and eligible for registration as City fisherfolk. The chairman of the BFARMC
shall endorse the list to to the FMU, which shall enter the names in the list into the central
registry. Thereafter, any amendment to the list shall likewise require the endorsement of the
chairman of the BFARMC. No fee shall be charged for such registration.

Section 43. Registry of City Fishing Vessels/Boats. All fishing vessels/boats operating
within the Municipal Waters of the City must be registered in the Registry of City Fishing
Vessels/Boats. Only vessels/boats owned by bona-fide residents of the City shall be
registered. The listing of registered vessels/boats shall be annually updated and made
available by the FMU for public inspection by the FMU at its office premises.

Section 44. Requirements for Registration of City Fishing Vessels/Boats. The following
conditions shall be imposed for the registration of a City fishing vessel/boats in the Registry:
A. Submission of all information required in the Registration Form, particularly those
pertaining to the actual ownership of the vessel/boat
B. The vessel/boat is not, at the time of registration, the subject of, or evidence, in a
pending case for violation of any fishery ordinance, law, rules, or regulations
within the Municipal Waters;
C. Inspection report showing that the vessel/boat complies with the color-coding and
vessel/boat-identification requirements of the City.

Section 45. Vessel/Boat Identification Scheme. The owners of fishing vessels/boats


registered under this Code shall be given the free hand in determining the color of their
fishing vessels/boats; but for purposes of easy identification, all duly-registered city fishing
vessels or boats shall be marked “insert City Code” colored insert color, with the
corresponding vessel/boat number which shall be colored in the following manner:

COLOR BARANGAY
Red
Violet

Section 46. Minimum Conditions for all Fishing Licenses. The following conditions must
be complied with issuance and validity of all fishing license:
A. The licensee or vessel must be registered in the appropriate Registry of City
Fisherfolk or Registry of City Fishing Vessel/boat;
B. The license shall be carried at all times on the person of the licensee or on board the
licensed vessel/boat;
C. The license shall be valid only within the zone or sub-zones specified therein for its
operation;
D. The licensee or vessel owner undertakes to submit himself to the administrative
processes of the FMU in case of violation of the terms and conditions of the license;
E. In case of violation of the terms and conditions of the license, the license or vessel
owner undertakes to pay the administrative fines, penalties, charges, and indemnity
accruing therefore, without prejudice to prosecution in a criminal case for any other
violation of the law arising out of the same acts.

Section 47. City Fishing License. A City Fishing License may be issued to any person
intending to fish within the Municipal Water of the City without the use of a fishing vessel of
up to three (3) (GRT) in weight. Only those duly registered in the Registry of City Fisherfolk
may be issued City Fishing Licenses.
Section 48. Recreation/Sport Fishing License. Non-resident who are not a City Fishing
Licensee, and who intended to fish for pleasure or recreation, may be issued a short term,
recreational and/or sport fishing license, subject to such terms and conditions as may be
determined by the FMU. The term of such license shall in no case be longer than thirty (30)
days.

Section 49. Mariculture/Serviculture Operator’s License. A Mariculture/Serviculture


Operator’s license may be issued to any person intending to operate any cages, corrals, or
traps, or to engage in the culture of oysters, seaweeds, or other aquatic species, within the
Mariculture/Serviculture Zones of the Municipal Waters of the City. Such a license may be
issued by the City to a person duly registered in the Registry of City Fisherfolk, or a duly-
accredited fisherfolk cooperative or association, subject to the following terms and
conditions:
A. The licensee shall not construct any structure or facilities in such a manner as it
would obstruct navigation, the flow and ebb of tides, or the migration path of any fish
or other aquatic species;
B. The licensee shall comply with all environmental rules and regulations that may be
promulgated by the City for such operations; and
C. The licensee shall remove all structures and facilities that may have been in the area
upon the expiration of the license.

Section 50. Term of Validity. Except in the case of Recreational/Sport Fishing License, all
license issued shall have a term of one (1) year from issuance, upon payment of the
corresponding license fees, unless otherwise provided by the FMU.

Article I. Determination of Fees, Charges and Other Rentals

Section 51. License Fees and Charges. The FMU shall, from time to time, recommend the
appropriate license fees and charges that should be imposed, type of license that should be
issued, concession fees and rentals that should be charged, and all other fees, rentals and
charges that should be collected subsequent to the effectivity of this Code. Such as
recommendations shall be submitted to the Committee on Fisheries, of the Sangguniang
Panlungsod for appropriate legislative action.

Section 52. Initial Schedule of Fees, Rentals and Charges. The initial Schedule of Fees,
Rentals, and Charges, containing the list of license fees, concession fees and rentals, and
all other related charges, shall be imposable during the first year of effectivity of this Code.

Section 53. Procedure for Annual Review and Adjustment of the Schedule of Fees.
One (1) year after the effectivity of this Code, and at the beginning of the Calendar Year, the
FMU shall evaluate the Schedule of Fees, Rentals and Charges and make
recommendations whether the same should be maintained or amended. Such
recommendations shall be submitted to the Committee on Fisheries of the Sanggunian who
shall thereafter consult with the CFARMCs on the recommendations. Should the
recommendations be accepted, the Committee on Fisheries shall request the Sanggunian to
pass an ordinance approving the new Schedule of Fees. The new fees may be collected by
the FMU only at the beginning of next calendar year subsequent the approval of such
amendatory ordinance.

Article J. Fisheries and Aquatic Resources Management Councils

Section 54. Creation of City FARMC. The City Fisheries and Aquatic Resources
Management Council is hereby created, composed of the following:
A. City Agriculture Officer as Chairman
B. SP Chairperson of the Comm. on Agriculture and Food, Vice Chairman with the
following as Members:
C. The City Planning and Development Officer (CPDO);
D. One (1) representative from the City Development Council;
E. One (1) representative from an Accredited City Civil Organization;
F. One (1) representative from the private sector;
G. Eleven (11) representatives of fisherfolk in the City, of whom seven (7) are from the
City fisherfolk, three (3) are from the Aquacultre or Mariculture/Serviculture Sector,
and one (1) from the fishworkers sector; Provided, that such representatives shall
also include those from the youth and women sectors.

Section 55. Appointment of CFARMC Members. The members of the CFARMC shall be
appointed by the City Mayor, upon nomination by their respective offices or organizations.
Their terms of office shall be one (1) year, subject to renewal. Members shall be entitled to
regular and reasonable honoraria for participation in the activities of the CFARMC, subject to
the usual accounting and auditing rules and regulations.

Section 56. Appointment of the CFARMC Members not in the Government. In the case
of members described in paragraphs “E” to “G” of Section 54 hereof, the City Mayor shall
appoint persons nominated by civic, non-government, business, or other organizations and
associations based in the City and accredited therewith. Such nominees must be bona-fide
actual and permanent resident of the City, involved with or familiar with the fishing activities
in the area, and are respected citizens of the community. The nominees shall be selected by
the concerned organizations by and from among themselves.
The list of nominees shall be disseminated and posted in the barangay halls and
strategic locations within the City for at least thirty (30) days prior to the selection of
members. In the absence of any objections, persons meeting the qualifications shall be
appointed by the Mayor to the CFARMC. Vacancies shall be filled in the same manner.

Section 57. Functions. The CFARMC shall exercise the following functions:
A. Assist in the preparation of the City Fishery Development Plan and submit such plan
to the City Development Council;
B. Recommend the enactment of the fishery ordinance to the Sanggunian through its
Committee on Agriculture;
C. Assist in the enforcement of fishery laws, rules and regulations in Municipal Waters
of the City, subject to the provisions of Article J hereof;
D. Advise the Sanggunian on fishery matters, through its Committee on Agriculture;
E. Perform such other functions as may be assigned by the Sanggunian

Section 58. Operational Expenses. The Office of the City Mayor shall be responsible for
including allocations as operational expenses of the CFARMC in the annual budgets of the
City.

Section 59. Suppletory Application. The provision of Executive Order No. 240, Series of
1996, and Fisheries Administrative Order No. 196, series of 2000, prescribing the rules and
regulations on the creation and maintenance of CFARMCs down to the barangay level, shall
apply to this Article in a suppletory manner.

Article K. Fisheries Development Planning

Section 60. Mandate. The City FARMC, shall formulate a City Fisheries Development Plan
for adoption by the CDC and approval by the Sanggunian which shall be basis for long-term
development and management of the fishery and aquatic resources of the City.
Section 61. Initial Consultations. Within ninety (90) days from the organization of the City
FARMC, the latter shall engage in public consultations with the Brangay FARMC in order to
determine the needs, goals, objectives and programs for development and management of
the fishery and aquatic resources requirements of the City. The results of such consulation
shall be documented and submitted to the Sanggunian, through its Committee on
Agriculture, as reference and basis for appropriate legislative action.

Section 62. Formulation of the City Fisheries Development Plan. Using the result of the
consultations as a guide, the City FARMC shall, within ninety (90) days from the date of last
consultation, formulate a Fisheries Development Plan for the City, with the objective making
the same an integral part of the Local Development Plan of the City.

Section 63. Integration in to The City Development Plan. The City Fisheries
Development Plan shall be formally submitted to eh City Development Council at its regular
meeting. Subject to appropriate adjustments in consideration of the other plans and
programs of the City, the same shall be integrated into and form part of the City
Development Plan for the following year.

Article L. City Fisher Folk Cooperatives and Associations

Section 64. Accreditation. In order to avail any of the privileges granted to fisherfolk
cooperatives and associations under the law and this Code, such organizations must be
recognized and accredited by the FMU.

Section 65. Cooperatives/Associations Eligible for Accreditation. The following


conditions must be complied with in order for a fisherfolk cooperative or association be
eligible for accreditation by the FMU:
A. Majority of the members of the cooperative or association must be fisherfolk who are
residents of the City; and
B. The home office of the cooperative and association must be located within the City:

Section 66. Privileges. Upon accreditation, a cooperative or association of City fisherfolk


may be granted the following privileges:
A. Preference in the grant of fishery right and privileges as may be determined by the
FMU;
B. Exclusive use of defined portions of the Municipal Waters of the City, such as
demarcated fishery areas and/or demarcated fishery rights for purposes of fish
capture, mariculture/serviculture, or fish farming;
C. Issuance of Commercial Fishing Vessel License for vessels owned or operated by
the cooperative/association:
a. Access to credit and guarantee programs that the City may establish;
b. Operation of post-harvest facilities;
c. Participation in the selection of representatives to the CFARMC;
d. Such other privileges as may be subsequently granted by law or ordinance.

CHAPTER V
POST HARVEST FACILITIES, ACTIVITIES AND TRADES

Article M. Regulations

Section 67. Statement of Policy. The City Government shall, in coordination with the
private sector, other concerned agencies and the CFARMC in the establishment and
registration of post-harvest facilities such as, but not limited to City fish landing sites, ice
plants and cold storage and other fish processing establishment to serve primarily the needs
of the City fisherfolk.
Section 68. City Fish Port Establishment and Development. City fish port development
should be located and designed in a manner that will minimize changes to existing water
and sediment quality parameters such as salinity and temperature, dissolved oxygen,
nitrogen and sediment concentration; organic constituents; and transparency of waters:
Provided, that City fish ports and harbors should be designed to minimize adverse water
circulation changes and creation of stagnant water column: Provided further, that City fish
ports and harbors should incorporate facilities which allow for effective waste disposal and
erosion control.

Section 69. City Fish Landing Area. For docking of fishing boats for purposes of delivery
of fish and other marine products caught or gathered by City fisherfolk, the coastal area
along barangay insert name is hereby reserved as fish landing area. As such therefore all
other forms of uses are herby prohibited, such as but not limited to construction of houses
and other structures, whether temporary or permanent.
Any owner of existing structures located within the reserved fish landing area is given
one (1) year after the effectivity of this Code, to remove the structure or obstruction at his
own expense. Failure to do so will result to the removal done by the City Government at the
expense of the owner, without prejudice to the filing of appropriate legal action.

Section 70. Auxiliary Invoice. All fish and fishery/aquatic products, except those caught in
violation of the provisions of this Code or are declared as health hazards by concerned
institutions, must have an auxiliary invoice to be issued by the City CRM Office prior to the
transport from the point of origin to the point of destination within the Philippines and/or for
the export purposes upon payment of the prescribed fee as provided in the rules and
regulations implementing the provisions of this Code.

Section 71. Support to City Fisherfolk. The City Government, in coordination with other
agencies and institutions concerned, shall provide support to City fisherfolk and their
association through appropriate technology and research, credit, production and marketing
assistance and other services such as, but not limited to, training for additional or
supplementary livelihood.

CHAPTER VI
COASTAL RESOURCE DEVELOPMENT AND MANAGEMENT

Article N. Coastal Resource Management

Section 72. Creation/Designation of City Coastal Resource Management Office


(CCRMO). The City Coastal Resource Management Office (CCRMO) is hereby created
which shall be responsible for attending to the needs on coastal resource management and
development of the city coastal areas.
Initially, the City Mayor upon recommendation of the City Agriculturist, shall
designate a Coastal Resource Management Officer (CRMO) chosen from the technical
personnel of the City Agriculture Office.
One (1) year after the effectivity of this Code, the City Mayor/Sangguniang
Panlungsod shall provide the necessary budgetary support for purposes of appointing a
CRMO on a permanent basis under the Office of the City Agriculturist.

Section 73. Functions and Duties of the CRMO. The CRMO under the supervision of the
City Agriculturist shall perform the following functions, duties and responsibilities:
A. Formulate measures for the approval of the City Mayor and the Sangguniang
Panlungsod as the case may be, in carrying out measures to ensure the delivery of
basic services and provision of adequate facilities relative to environment and natural
resources management and fisheries services;
B. Develop plans and strategies upon the approval thereof by the City Mayor and
Sangguniang Panlungsod, as the case may be, and implement the same, particularly
those which have to do with Coastal Resources Management and Fisheries
Programs and Project which the City Mayor is empowered to implement and which
the Sangguniang Panlungsod is empowered to provide;
C. Ensure the maximum assistance and access in the sustainable management and
use of the environment and natural resources, particularly on coastal and fisheries
resources;
D. Enforce rules and regulations relating to environment and natural resources,
particularly no coastal resources and fisheries management;
E. Coordinate with government agencies and non-government organizations which
promote sustainable management of the environment and natural resources,
particularly on coastal and fisheries resources;
F. Be in the front line of the delivery of basic services, particularly those needed for the
survival of the inhabitants during and in the aftermath of man-made and natural
disasters and calamities;
G. Recommend to the Sangguniang Panlungsod and advise the City Mayor, as the case
may be, on all the other matters related to environment and natural resources,
particularly on coastal and fisheries/aquatic resources, which will improve the
livelihood and living conditions of the inhabitants; and
H. Performs such other duties and functions as may be prescribed by law and
ordinance

Article O. Administrative Sanctions and Indemnity

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