Legislative Background and Jurisdictional Basis
- Section 139(3) of Republic Act No. 7160 (Local Government Code of 1991) empowers the Sangguniang Bayan (municipal legislative council) to issue licenses for fishing vessels of three (3) gross tonnage or less.
- Sections 16, 17, and 18 of Republic Act No. 8550 (Philippine Fisheries Code of 1998) provide that local government units (LGUs) have jurisdiction over municipal waters.
Rationale for Devolution
- Marginalized fisherfolk face difficulties registering small fishing vessels with national government agencies, especially in areas lacking accessible PCG offices.
- The League of Municipalities of the Philippines, League of Cities of the Philippines, and National Anti-Poverty Commission Fisherfolk Sectoral Council recommended devolving registration authority to LGUs to improve accessibility and efficiency, consistent with their mandates under RA 7160 and RA 8550.
Devolution Directive
- Municipal and City Governments shall undertake registration of fishing vessels three (3) gross tonnage and below.
- LGUs, in consultation with the Municipal/City Fisheries and Aquatic Resource Management Council (FARMC), are tasked to enact ordinances prescribing registration procedures and penalties for non-registration.
Transition Period and Support
- A transition period not exceeding one (1) year is established for LGUs to train technical personnel and prepare appropriate officers for the devolved functions.
- MARINA and PCG, through the Department of Transportation and Communication (DOTC), will provide assistance to prevent disruption of services.
Record Keeping and Reporting Requirements
- LGUs must maintain updated records of registered fishing vessels under their jurisdiction.
- They are to regularly submit lists of registered vessels to MARINA Regional Office, PCG Station/Detachment, and Department of Agriculture-Bureau of Fisheries and Aquatic Resources (DA-BFAR).
Implementation and Coordination
- The Departments of Justice, Interior and Local Government, Transportation and Communications, Agriculture (BFAR), MARINA, PCG, PNP Maritime Group, NAPC-Fisherfolk Sector, and the Leagues of Municipalities and Cities shall jointly formulate implementing guidelines.
Repealing Clause
- All existing executive orders, department orders, memorandum circulars, rules, and regulations inconsistent with this Executive Order and its implementing guidelines are repealed or modified accordingly.
Effectivity Clause
- This Executive Order takes effect fifteen (15) days after its publication in the Official Gazette or in two newspapers of general circulation and upon filing with the Office of the National Administrative Register.