2009 O - 36 - CENTRALIZING THE LANDING OF FISHING VESSELS AT THE NEW BANICAIN FISH PORT AND PROVIDING FEES THEREOF

EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON NOVEMBER 18, 2009 AT THE CITY HALL.

PRESENT:

Hon. Gina Gulanes-Perez - - -City Councilor & Temporary Presiding Officer

Hon. John Carlos G. delos Reyes- - - City Councilor

Hon. Rodel S. Cerezo- - - - “ “

Hon. Sarah Lugerna Lipumano-Garcia - - “ “

Hon. Edwin J. Piano- - - “ “

Hon. Angelito W. Baloy - - - “ “

Hon. Aquilino Y. Cortez, Jr. - - “ “

Hon. Anselmo A. Aquino- - - “ “

Hon. Elena C. Dabu- - - - “ “

Hon. Jonathan G. Manalo- - - “ “.

Hon. Cheenee F. Hoya- SK Federation President

ABSENT:

Hon. Cynthia G. Cajudo - - - - City Vice-Mayor & Presiding Officer

(On Leave)

WHEREAS, the Olongapo City Fish Port is about to operate under the sole management approach with a negotiated Royalty Fee of 10% monthly from its gross to the Philippine Fisheries Development Authority;

WHEREAS, to boost the fishing industry of the city and likewise to make the Fish Port the center of unloading of fish and trading place of fishermen and fish traders, it is very necessary to enact an ordinance to introduce a proper system of operation;

WHEREAS, one of these systems is to centralize the landing of Fishing Vessels at the City Fish Port;

NOW, THEREFORE, on motion of City Councilor Edwin J. Piano, with the unanimous accord of the Members of the Sangguniang Panlungsod present;

RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled to enact the following Ordinance:

ORDINANCE NO. 36

(Series of 2009)

AN ORDINANCE CENTRALIZING THE LANDING OF FISHING VESSELS AT THE NEW BANICAIN FISH PORT AND PROVIDING FEES THEREOF

BE IT ORDAINED, BY THE SANGGUNIANG PANLUNGSOD IN SESSION ASSEMBLED, THAT:

SECTION 1. TITLE – This ordinance shall be known as An Ordinance Centralizing the Landing of Fishing Vessels at the Olongapo City Fish Port.

SECTION 2. SCOPE – This ordinance shall govern all types of Fishing Vessels, commercial or government owned, duly licensed to operate and registered by authorized agencies with gears prescribed in R. A. 8550.

SECTION 3. DEFINITION – As used in this ordinance, the term:

(1) Fishing Vessels – Include yachts, boats, motorized or non –motorized and other watercrafts used or capable of being used as a means for catching fish

(2) Centralized – To concentrate at one central point

(3) Landing – Bringing or coming to land or to shore

(4) Landing Fee – The amount of fee charged against the Operator of Fishing or similar watercrafts for landing at the City Fish Port.

(5) Large Scale Commercial Fishing Boats – Fishing Boats 100.1 tons and above (based on vessel registration)

(6) Medium Scale Commercial Fishing Boats – Fishing Boats 20.1 gross tons up to 100 gross tons (based on vessel registration)

(7) Small Scale Commercial Fishing Boats – Fishing Boats of 3.1 gross tons up to 20 gross tons. (based on vessel registration)

SECTION 4. REGULATED ACTS – Landing of Fishing Vessels are hereby centralized at the Fish Port of the City of Olongapo.

SECTION 5. IMPOSITION OF FEES AND CHARGES – There shall be fees to be collected from the Operators of Fishing Vessels landing at the City Port operated by the City Government of Olongapo. The following landing charges or fees shall apply:

Amount of Fee

1. Large Scale Commercial Fishing Boats

Docking at the Fish Port Area

Per day or fraction thereof……………………………………..P3,000.00/day

2. Medium Scale Commercial Fishing Boats

Docking at the Fish Port Area

Per day or fraction thereof……………………………………..P1,000.00/day

3. Small Scale Commercial Fishing Boats

Docking at the Fish Port Area

Per day or fraction thereof……………………………………..P700.00/day

4. Fishing Boats and other Watercrafts of less than 3 tons

Docking at the Fish Port Area

Per day or fraction thereof……………………………………..P100.00/day

5. Concessionaires shall pay 1% (local sales tax) of each gross sales to the City

Treasurer on daily basis before leaving the premises of the Fish Port.

Authorized concessionaires shall secure proper permit from Olongapo City to conduct business.

6. Service Charge:

For docking of every Fishing Vessel ………………………….P100.00/day

7. Service Charge:

For unloading, of every Banieras or Tiklis of fish

and other marine products ……………………………………..P 10.00/day

8. An entrance fee of five (P5.00) pesos per person who wishes to

enter the fish landing center shall be collected by an authorized

collecting officer.

SECTION 6. PARKING FEE – for the purpose of this ordinance the following parking fees shall be collected:

a. 2 to 3- wheeled motor vehicles ………………………………..P 10.00

(per hour or fraction thereof)

b. Cars, vans and jeeps…… ……………………………………...P 20.00

(per hour or fraction thereof)

c. Trucks/busses (up to 6- wheeler) ………………………………P 50.00

(per hour or fraction thereof)

The motor vehicle parking is for a maximum of three (03) hours. Overnight parking shall be strictly prohibited.

SECTION 7. Watercrafts owned and operated by the national, province, city and barangay government is exempted from paying.

SECTION 8. ADMINISTRATIVE PROVISIONS – The City Treasurer or his duly authorized representatives shall monitor the arrival or landing of Fishing Vessels at the City Fish Port.

No Fishing Vessels who were already landed at the Fish Port shall be allowed to leave without first paying the Landing Fee imposed herein or proper clearance has been issued by the authorities concerned.

The City Mayor through the City Treasurer shall issue the necessary rules and regulations for the proper, effective and efficient implementation of this ordinance.

An official receipt shall be issued by the City Treasurer or his authorized representative.

Fish Port operations shall be from 12:00 midnight to 8:00 o’clock in the morning. Fishing Vessels who will transact business after regular operating hour shall be charged using the formula (rate divided by 24 multiplied by no. of hours multiplied by 1.25)

SECTION 9. TIME AND MANNER OF PAYMENT – The Fee imposed in this ordinance shall be paid to the City Treasurer or his duly authorized representative upon landing at the Fish Port or making fast to a vessel already landed.

SECTION 10. PENALTY – Any violation of the provision of this ordinance shall be punished by a fine of not less than PhP500.00 but not exceeding PhP5,000.00 or an imprisonment of not more than six months, or both at the discretion of the Court.

SECTION 11. SEPARABILITY CLAUSE – The provisions of this ordinance are hereby declared to be separable and in the event that one or more of the other provisions are held illegal or unconstitutional, the validity of the other provisions shall not be affected.

SECTION 12. EFFECTIVITY – This ordinance shall take effect after three consecutive weeks of posting at the entrance of the City Fish Port and on the three (3) conspicuous places in the City.

APPROVED UNANIMOUSLY, November 18, 2009.

CYNTHIA G. CAJUDO

City Vice-Mayor & Presiding Officer

(On Leave)

GINA GULANES-PEREZ JOHN CARLOS G. DELOS REYES

City Councilor City Councilor

& Temporary Presiding Officer

RODEL S. CEREZO SARAH LUGERNA LIPUMANO-GARCIA

City Councilor City Councilor

EDWIN J. PIANO ANGELITO W. BALOY

City Councilor City Councilor

AQUILINO Y. CORTEZ, JR. ANSELMO A. AQUINO

City Councilor City Councilor

ELENA C. DABU JONATHAN G. MANALO

City Councilor City Councilor

CHEENEE F. HOYA

SK Federation President

ATTEST:

ELFLIDA S. SALMON

Council Secretary

APPROVED BY HIS HONOR, THE CITY MAYOR ON _____________________.

JAMES GORDON, JR.

City Mayor

ATTEST:

DELFIN A. JUICO, JR.

Secretary to the City Mayor