ORDINANCE NO: 2021-486 (Sponsor: Committee on Ways & Means; Committee on Agriculture, Fishery & Agrarian Reform) "AN ORDINANCE CENTRALIZING THE LANDING AND TRADING OF FISH AND ALL OTHER FRESH AND MARINE PRODUCTS, INCLUDING FISHING VESSELS AT THE COMMUNITY FISH LANDING CENTER OF PAGADIAN CITY AND PROVIDING FEES AND OTHER CHARGES THEREOF" NOW THEREFORE, be it ordained by the Sangguniang Panlungsod (13th City Council) of Pagadian City in session assembled that: Section 1. TITLE. - This Ordinance shall be known as "An Ordinance Centralizing The Landing And Trading Of Fish And All Other Fresh And Marine Products, Including Fishing Vessels At The Community Fish Landing Center Of Pagadian City And Providing Fees And Other Charges Thereof." Section 2. POLICY. - a) It is hereby declared a policy of the City of Pagadian that the venue for fish landing and fish trading shall be the Pagadian City Community Fish Landing Center. For this reason, all fish dealers and operators are required to use the Pagadian City Community Fish Landing Center. b) The operation and management of the Pagadian City Community Fish Landing Center is aimed at providing for an appropriate venue and orderly operation for fish landing and fish trading. Thus, pursuant to this policy, the facility shall necessarily provide for the following amenities and services, among others, for fish dealers and traders, viz: i) secure trading area and parking spaces for their use; and ii) professional security personnel. Section 3.? SCOPE OF APPLICATION. - This ordinance shall govern the administration and operation of Pagadian City Community Fish Landing Center. a) All city fisherfolk and fish dealers with fishing vessels with a gross weight of three (3) tons or below must unload their aquatic/marine products exclusively at the Pagadian City Community Fish Landing Center. b) All fish trading/brokering must be done inside the Pagadian City Community Fish Landing Center. c) With the enactment of this ordinance, no private persons or entities shall be allowed to operate another fish landing center within the territorial jurisdiction of this city. Section 4.?DEFINITION OF TERMS. - As used in this ordinance, the following words and/or phrases shall mean: a) Fish Landing - buildings and facilities where fishing vessels can unload aquatic/marine products and wherein any fish trading can be conducted by legitimate fish traders/dealers of brokers; b) Fishing Vessels - include boats, motorized or non-motorized and other watercrafts with gross weight of three (3) tons or below and are capable of being used in catching fish and/or transporting marine products; c) Fees - payments as fixed by the ordinance for regulation or inspection of a business activity; d) Charges - refer to the monetary liability as fees due from persons for the use of the Community Fish Landing Center facilities; e) Landing - bringing or coming to land or shore; f) Landing Fee - the amount of fee charged against the operator of fishing boats and/or similar watercraft for landing at the Pagadian City Community Fish Landing Center; g) Endangered, rare and/or threatened species - refers to all aquatic plants, animals including some varieties of corals and sea shells that are in danger of extinction. h) Fisherfolk Organization - refers to the group duly accredited by the City Government through the Sanggunian Panlungsod that shall enter in a Memorandum of Agreement (MOA) with the Local Government Unit for the purpose of managing and maintaining the operation of the fish landing center. Section 5. FEES AND CHARGES. - The herein stipulated fees shall be collected from the operators of fishing vessels landing the Pagadian City Community Fish Landing Center. Amount of Fee a) Docking fee, per day or fraction thereof P10.00 b) Service Charge: Minimum of P10.00 per Tiklis Unloading of Styrofoam container or 40 kilos Banera P10.00 plus an additional fee of P0.50 for every kilo in excess of 40 kilos Section 6. OPERATION AND ADMINISTRATION. - a) The fisherfolk organization-that shall be qualified and accredited by the Sangguniang Panlungsod-shall be responsible in the operation and maintenance of their designated area within the Pagadian City Community Fish Landing Center pursuant to the Memorandum of Agreement (MOA) entered into by and between the association and the City Government. b) The fisherfolk organization shall be responsible in the monitoring of the arrival and landing of fishing vessels within their designated area at the City Community Fish Landing Center. No fishing vessels or carriers which have already landed or entered at the fish landing shall be allowed to leave without first paying the docking fee imposed in this Ordinance. c) The City Government through the Office of the Honorable City Mayor shall issue the necessary guidelines (Terms of Reference) that shall be approved by the Sangguniang Panlungsod for the proper effective and efficient operation and administration of the Pagadian City Community Fish Landing Center. d) The City Government may allow the fisherfolk organization to impose additional fees and charges within their designated area at the City Community Fish Landing Center that are deemed necessary subject to the concurrence of the Sangguniang Panlungsod. e) Fish landing operations shall be from 5:00 AM to 8:00 PM. f) The Office of the City Treasurer shall take charge of the collection of all fees and charges as stipulated or may in the future be required for the services of the Fish Landing Center. Section 7. RESTRICTIONS. - a) Gambling of any form, drinking of intoxicating liquor and smoking are strictly prohibited inside the fish landing center. b) The selling and/or trading of endangered marine species/products that are protected and conserved under existing laws and local ordinances shall absolutely be disallowed. c) No major repair and/or construction of fishing vessels shall be allowed within the fish landing center and its premises. d) All owners and operators of fishing vessels that dock in the fish landing center shall maintain the cleanliness and seaworthiness of their vessels and avoid all forms of pollution within the fish landing center and its immediate docking areas. Section 8. TIME AND MANNER OF PAYMENT. - The fees imposed in this ordinance shall be paid directly to the City Government through the Office of the City Treasurer. Section 9. PENALTY. - The following fines and penalties shall be imposed for any violation to the provisions regardless of membership status, to wit: a) First Offense - P 300.00 b) Second Offense - P 500.00 c) Third Offense - P1,000.00 and cancellation of Mayor's Permit Section 10. REPEALING CLAUSE. - All ordinances, orders, memoranda, rules and regulations, or parts hereof that are inconsistent with the provisions of this Ordinance are hereby revoked or modified accordingly. Section 11. SEPARABILITY CLAUSE. - If for any reason a provision of this Ordinance is declared invalid or unconstitutional, all other provisions hereof not affected thereby shall continue to be in full force and effect. Section 12. EFFECTIVITY CLAUSE. - This Ordinance shall take effect ten (10) days after its publication in a local newspaper of general circulation in the City. ENACTED AND APPROVED by the Sangguniang Panlungsod (13th City Council) during its 94TH Regular Session on 18 August 2021 conducted via Video Conferencing.