2014 Municipal Ordinances
ORDINANCE NO. 2
Series of 1992
AN ORDINANCE PRESCRIBING RULES AND REGULATIONS IN THE ISSUANCE OF FRANCHISE TO TRICYLES FOR HIRE IN THEMUNICIPALITYOFMIAGAO.
BE IT ORDAINED by the Sangguniang Bayan of theMunicipalityofMiagao, Province ofIloilothat:
Registration of Municipal Fishing Boats
Section 34. Registration of all Municipal Fishing Boats three gross tons (3GT) and below All Municipal Fishing Boats three gross tons (3GT) and below shall be registered with the Office of the Municipal Agriculturist, who shall adopt a guidelines on how to implement it following the mandatory provisions of Executive Order No. 305 in its area of jurisdiction. The registration and other miscellaneous fees to be imposed shall be subject to ceilings prescribed under this Code and the Municipal Revenue Code. Registration and miscellaneous fees collected will form part of the funds for the Coastal Resource Management Program of the Municipality, the Office of the Municipal Agriculturist will be implementing. Fishery License
Section 35. Fishery License All individuals, cooperatives, partnerships, firms or corporations who are listed in the Registry of Municipal Fishers shall be issued Fishery License, upon payment of the prescribed fee: Provided, however, That the Fishery License is non- transferable: Provided, further, That the holders agree unconditionally to comply with all the laws, orders, policies, and rules and regulations governing fishing. The licensee shall also assume responsibility for any and all of his acts with his fishing operation. The privilege of taking or catching fish in the municipal waters of this municipality with or without using fishing boats or vessels three (3) gross tons or less or using small scale and medium scale commercial fishing boats shall be granted under ordinary license or permit issued by the Municipal Mayor to any person, cooperative, partnership, association or corporation upon payment of the corresponding license or permit fee under Section 38.
Section 36. Renewal of Fishery License The Fishery License shall be renewed annually. The holders shall have sixty (60) days prior to the expiration of the license to renew.
Section 37. Licensing Procedures Applicants for Fishery License shall submit the following documents to the Municipal Agriculturist’s Office: 1. Duly Accomplished Application Form 2. Community Residence Certificate (for individual) or Certificate of Registration or Certificate of Accreditation (for organizations, cooperatives, partnership, firms of corporations) 3. Barangay Clearance 4. Certification as a Registered Municipal Fisher 5. Barangay FARMC clearance or Municipal FARMC clearance 6. Copy of the Certificate of Registration of Fishing Boat 7. Other pertinent documents The Municipal Agriculturist’s Office shall recommend the issuance of the Fishery License to the Municipal Mayor upon payment of the necessary fee.
Section 38. Schedule of License and Registration Fees License to exploit, occupy, procedure, culture, capture, or gather fish of any species and other fisheries products in the Municipal waters shall be granted by the Municipal Mayor upon payment of corresponding fees at the rate not exceeding those fixed hereunder: Provided, however, that registered fishers from other Municipalities who may be permitted to use the Municipal waters of this Municipality shall pay double of the rate fixed hereunder: For Individuals – P 20.00 For Fishers’ Organization or Cooperatives – P 200.00 For Partnerships and Cooperations – P 500.00 For using motorized boat less than three (3) gross tons a. Motorized with engine of 10 horse power or less – P 200.00 b. Motorized with engine of 10 horse power or less than 15 – P 220.00 c. Motorized with engine of 10 horse power or less than 20 – P 250.00 d. Motorized with engine of 20 horse power or less than 25- P 400.00 e. Motorized with engine of 25 horse power or less than 30- P 500.00 f. Motorized with engine of 30 horse power or less than 35- P 550.00 g. Motorized with engine of 35 horse power or less than 40- P 650.00 h. Motorized with engine of 45 horse power or less than 50- P 750.00 i. Motorized with engine of 50 horse power and above – P 900.00 For the using and/or engaging in the following Fisherfolk using Nets License Fee Per Year a. Chinchuro less than 250 meters – P 200.00 b. Chinchuro 250 meters long or more – P 250.00 c. Pukot – P 100.00 d. Sahid – P 200.00 e. Sahid-sahid – P 50.00 f. Salibot net more than 10 meters long – P 150.00 g. Salambao – P 150.00 h. Laya – P 150.00 i. Lift net (vintahan) – P 300.00 j. Lilang – P 30.00 k. Buldozer (fry gathering device) – P 30.00 Fisherfolk using Hook and Line a. With boat without using outboard or inboard motors (sibid-sibidan) – P 50.00 Fisherfolk using Traps a. Bobo (big) – P 50.00 b. Bobo ( small) – P 40.00 c. Pandom-oc – P 40.00 Fisherfolk using other Gears a. Payao – P 100.00 b. Cabias – P 150.00 a. Small and Medium scale commercial fishing boat P 2,500.00 a. Individual buying of Bangus, prawn, other fish fry P 1,000.00 License permit issued shall be valid for a maximum period of one year to expire every 31st of December of each year.
Section 39. Report of Fish Caught Any individual of licensee to take or catch fish in the municipal waters of this municipality shall submit to the Municipal Agriculture Office of this municipality wherein fishing takes place within the first ten (10) days of each month, a monthly report in triplicate copies showing the kind and quality of fish caught and the value of fish sold during the month. FARMC shall assist in the submission of the fish catch report.
Section 40. Coding of Motor Boats The municipal government shall designate RED as color code for all boats that will be operated in the municipality aside from the certificate of number and official number that will be assigned after the registration of municipal fishing boats/motor boats: Provided that the following letters shall be designated as letter code for each of the barangay: A- Baybay Sur L- Dingle B- Baybay Norte M- Mambatad C- Sapa N- Bacauan D- Guibongan O- Palaca E- Kirayan Norte P- Tabunacan F- Kirayan Sur Q- Damilisan G- Banuyao R- Oyungan H- Naulid S- Lanutan I- Maninila T- Maringyan J- Gines U- San Rafael K- Calampitao V- Narat-an Provided further that the said color coding will be in the form of a color RED rectangular plate with corresponding official number by which fisherfolks was assigned to during the registration and licensing. The said plate shall be placed in the upper right portion of the both sides of the boat.
Section 41. Permit to Anchor and /or Engage in Business in the Municipality All sea crafts of more than three (3) registered gross tons that will anchor in the municipal waters and/or engage in any business in the municipality shall pay the following fee to the municipal government: For sea craft of 3.1 -10 GT – P 500.00 For sea craft of more than 10 GT – P 1,000.00
Section 42 Gratuitous Permit The Municipal Government may issue gratuitous permits to municipal fishers to exploit, occupy, produce, culture, capture, or gather fish of any species and other fisheries products in the municipal 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 purposes, subject to the terms and conditions as may be imposed.
Section 43. Report of Transfer of Ownership of Boats and Fishing Gears The owner/operator of registered boats and fishing gears shall notify the Municipal Government of the transfer of ownership of the boats and fishing gears within fifteen (15) days after its transfer.
Section 44. Bond of Aquaculture Operation Those who wish to construct and operate any aquaculture facilities for commercial purposes shall deposit the following bond to municipal government. The bond shall be thirty (30) percent of the amount of fees for the construction and operation of the aquaculture facility.
Section 45. Duties of Licensee, Permit, and Exclusive Fishery Privileges Holders All licensees, permits, and exclusive fishery privilege holders shall be governed by existing laws, orders, rules and regulations governing coastal and fisheries resources and shall: 1. Take precaution as may be necessary to prevent destruction to the coastal and fishery resources and habitat and the municipal waters, and to ensure environmental protection at all times; 2. Assume responsibility for the use of fishing boat and any or all acts of his/her agents. Employees or laborers, including those of contractors connected with his/her fishing operations, or in the establishment, management, or 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; 3. 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 me required by law; 4. Allow or render assistance to any law enforcers 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; 5. Vacate the area covered by the fishery privilege, upon expiration or as directed by authorized municipal officials, unless renewed or cancelled; 6. Clear, remove, destroy or demolish any debris, material, structure or gear, or the vacated area placed or constructed on the site of the fishery privilege upon expiration or cancellation of the privilege. 7. Abide all other related rules and regulations that be legislated after the enactment of this Code.
Section 46. Funds for Coastal Resource Management The municipal government shall allocate funds from revenues derived from the registrations of all municipal fishing boats, fishery licenses, and fees from the utilization and exploitation of the municipal waters to coastal resource management activities such as, but not limited, to law enforcement, livelihood program for fishers, research, training and education.
Section 47. Share of Barangays on Revenues of the Municipal Government The municipal government shall appropriate ten (10) percent from all the fees derived from registration of all municipal fishing boats, fishery licenses, and fees from the utilization and exploitation of the municipal waters to the barangays: Provided, however, That the Municipal Government, within 60 days from the enactment of this code, shall formulate an implementing rules and regulations of this section: Provided, however, That such share shall be remitted to the Barangays before the end of each quarter.