Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
Excerpts from the Minutes of the 97th PCSD Regular Meeting RVM Hall, House of the Representatives Constitution Hills, Quezon city April 24, 2003
- Rep. Vicente A. Sandoval – Chairman
Palawan Rep. (1st District), House of Representatives
- Hon. Mario Joel T. Reyes – Vice Chairman
Provincial Governor, Palawan
- Winston G. Arzaga, Executive Director, PCSDS – Secretary
- Usec. Demetrio L. Ignacio, DENR – Member
- Usec. Cesar M. Drilon, DA – Member
- DDG Augusto B. Santos, NEDA – Member
- Atty. Joselito C. Alisuag, SEMP-NP – Member
- Mr. Bobby Castro, Business Sector – Member
- P/Supt. Michael A. Garraez, PNP Director – Member Rep. By Supt. Rodolfo Babera
- RADM Ruben G. Domingo, WESCOM – Member Represented by Atty. Nilo Corpuz
- Rep. Abraham Kahlil B. Mitra
Palawan Rep. (2nd District), House of Representatives – Member
- Hon. Edward S. Hagedorn, City Mayor, PPC – Member
- Hon. Alberto G. Enriquez, Pres., League of Municipalities – Member
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PCSD Resolution No. 03-209
RESOLUTION AMENDING PCSD ADMINISTRATIVE ORDER NO. 00-05, SERIES OF 2000 (REVISED GUIDELINES FOR THE ACCREDITATION, REGULATION, AND MONITORING OF LIVE FISH CATCHING, CULTURE, TRANSPORT AND TRADING IN PALAWAN)
WHEREAS, pursuant to paragraph (8), section 19, Chapter V of Republic Act No. 7611, otherwise known as the “Strategic Environmental Plan for Palawan,” the PCSD is vested with the power to adopt, amend and rescind such rules and regulations and impose penalties for the effective implementation of the provisions of Strategic Environmental Plan for Palawan and that, in accordance therewith, the Council passed PCSD Admin. Order No. 00-05 providing for the administrative penalties of fines and forfeitures for violations of its provisions;
WHEREAS, there is a need to include in the said Administrative Order No. 00-05 sufficient and well-defined standards to serve as guidelines in the imposition of administrative penalties consistent with the requirements of the Constitution that no excessive fines and penalties be imposed;
WHEREAS, PCSD Administrative Order No. 00-05 has been in force and effect for more than two (2) years now and there is a need to keep its provisions in tune with constantly changing circumstances and thus include within its purview, among others, the growing practice and/ or trade of commercial or private storage of live fish;
WHEREFORE, be it resolved, as it is hereby resolved, that the following amendments be made upon PCSD Administrative Order No. 00-05:
SECTION 1. Section 4 of Administrative Order No. 00-05 is hereby amended as follows:
SECTION 4. EVALUATION and APPROVAL.
4.1 The PCSDS shall conduct an evaluation of the documents submitted by the proponent including the evaluation of PCSDS field staff. Upon confirmation of the adequacy and veracity of the submitted documents, the PCSDS shall submit its recommendation to the PCSD. Thereafter, the PCSD shall either approve or deny the application.
4.2 Once approved, the Accreditation shall be valid and effective for only ONE (1) YEAR from the date of its issuance subject to renewal, for the same period of time, upon satisfactory evaluation of the record and performance, among others, of the holder.
4.3 All Certificates of Accreditation issued prior to the approval of the present amendments to PCSD Administrative Order No. 00-05 shall be valid until December 31, 2003 subject to renewal in accordance with the provisions of the said Order.”
SECTION 2. Section 8 (Prohibition, Commitment and Penalties) of Administrative Order No. 00-05 is hereby renamed “Accreditation for the Storage and Warehousing of Live Fish” to read as follows:
“SECTION 8. ACCREDITATION FOR STORAGE OR WAREHOUSING OF LIVE FISH
8.1 Any person, natural or juridical, who is not a CATCHER, TRADER or CARRIER or one who is licensed and accredited as such Catcher, Trader or Carrier or one whose license or accreditation as such Catcher, Trader or Carrier has expired, who, at the same time, offers services or engages in the business or trade of storage or warehousing of live fish, for any consideration, monetary or otherwise, to the public, must secure an Accreditation and permit from the PCSD to engage in such business or trade and to operate facilities for such.
8.2 Any person, natural or juridical, shall be presumed to be engaged in the storage or warehousing of live fish when he has, in any storage, whether or not owned by it but under its control and supervision, equipment and paraphernalia, such as but not limited to aquarium facilities, aerator, storage boxes and storage area, purposely to keep (food) fish alive; and having left live fish in storage for more than one (1) day.
8.3 Accreditation for persons engaged in the business or trade of storage or warehousing of live fish shall likewise be effective for one (1) year only subject to renewals for the same period of time.
8.4 Persons duly accredited to engage in such storage or warehousing activities shall be required to make quarterly reports to the PCSD data on the following matters, among others, to wit: the live fish species stored, the owners thereof, the number, weight and sizes of the live fish stored as well as the period of storage for the same.”
SECTION 3. Section 2. Filing of Application for Accreditation is hereby
amended to include subsection 2.5 enumerating the documents to be submitted to PCSD by applicants seeking accreditation for storage or warehousing to read as follows:
“2.5. Storage or Warehousing of Live Fish
a. Brief description of the project to include:
(i) Type and purpose of the project
(ii) Target volume to be stored
(iii) Area of operation (sitio, barangay, municipality)
(iv) Project Cost
(v) Project operation
b. Resolution of endorsement from the Sangguniang Bayan of the
municipality and barangay where the storage or warehouse is to
c. Written commitment to submit to PCSD every quarter a report
indicating the the number, weight and sizes of the live fish stored as well
as the period of storage for the same.
d. Zoning Clearance from the Municipal Planning and Development
Office of the municipal allowing the establishment of live fish storage or
warehouse in the area.”
SECTION 4. Section 8 of PCSD Administrative Order No. 00-05 is hereby renumbered as Section 9 and amended as follows:
“SECTION 9. PENALTIES AND PROHIBITIONS
9.1 PROHIBITIONS – No culture, catching, trading, transport, storage or warehousing of live fish species defined under this Order shall be undertaken without the prescribed PCSD Accreditation.
9.2 OTHER PROHIBITIONS
(a) Holders of PCSD Accreditation are prohibited from transacting live fish business with unaccredited person(s), natural or juridical. If any of the parties in a live fish transaction is unaccredited, all parties are subject to the penalties herein provided.
(b) Holders of PCSD Accreditation are not allowed to let other person(s), natural or juridical, use the certificate of accreditation for purposes of engaging in any of the live fish operations. The certificate of accreditation is not transferable.
9.3 COMMITMENT – All accredited live fish CATCHERS, TRADERS, CARRIERS, or those engaged in STORAGE or WAREHOUSING shall strictly comply with the terms and conditions of the Letter of Commitment submitted to the PCSD and to the Terms and conditions stated in the Certificate of Accreditation.
9.4 FINES – Violators of Sections 8, 9.1 and 9.2 of this Order, shall be FINED in accordance with the following schedule:
a. CATCHERS of live fish found in violation of the aforementioned provisions of this Order, shall be FINED the amount of FIVE THOUSAND PESOS (PhP 5,000), in the minimum, to ONE HUNDRED THOUSAND PESOS (PhP 100,000) in the maximum.
b. CARRIERS of live fish found in violation of the aforementioned provisions of this Order, shall be FINED the amount of FIFTY THOUSAND PESOS (PhP 50,000), in the minimum, to TWO HUNDRED THOUSAND PESOS (PhP 200,000) in the maximum.
c. TRADERS of live fish found in violation of the aforementioned provisions of this Order, shall be FINED the amount of ONE HUNDRED THOUSAND PESOS (PhP 100,000), in the minimum, to FIVE HUNDRED THOUSAND PESOS (PhP 500,000) in the maximum.
9.5 In fixing the FINES in accordance with and within the range prescribed in the immediately preceding paragraph, the following shall be considered as either aggravating or mitigating circumstances:
a. Prior violation (s) of this Administrative Order or other fisheries laws, rules and regulations;
b. Use of noxious or prohibited substances in the practice of its business;
c. When the violation is committed on the occasion of, pursuant to or as a means of committing another or a separate offense or violation of any law, ordinance or decree;
d. Dealing in, transporting or trading live fish known or could have been reasonably known to him as having been caught with the use of noxious substances or in violation of fishery laws, ordinances or decrees;
e. Scale and scope of its operation and its capacity to directly or indirectly affect or influence the live fish trading business or activity;
f. Nature and gravity of the violation.
g.Transport of noxious substances such as cyanide and its derivative/forms.
9.6 ADDITIONAL PENALTIES. Violations of Sections 9.1 and 9.2 shall, without prejudice to the imposition of fines for every violation under Section 9.3, be subject to the following:
a. Suspension of accreditation for the first offense;
b. Cancellation of accreditation for the second offense;
c. Closure of the establishment for operating without PCSD accreditation.
9.7 FORFEITURE – Conveyances used and live fish caught and other objects used by any catcher, fish cage operator, trader or carrier operating in violation of Sections 8, 9.1, 9.2 and 9.3 of this Order shall be confiscated and forfeited in favor of the government. The disposition of confiscated items shall be subject to existing rules and regulations on forfeiture
SECTION 5. A new Section 10 (Effectivity) shall likewise be inserted, as follows:
“SECTION 10. EFFECTIVITY. These amendments shall take effect fifteen (15) days after their publication in a newspaper of general circulation. Copies of the same shall likewise be deposited at the National Administrative Register at the UP Law Center, Diliman, Quezon City.” SO RESOLVED.
APPROVED and ADOPTED this 24th day of April 2003 in Quezon City
I hereby certify to the correctness and accuracy of the above quoted resolution.
EXEC. DIR. WINSTON G. ARZAGA
HON. VICENTE A. SANDOVAL
Palawan Rep. (1st District), House of Representatives
Chairman, Palawan Council for Sustainable Development