Republic of the Philippines
PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT
Puerto Princesa City, Palawan
PCSD Resolution No. 03-211
A RESOLUTION FURTHER 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 has been vested with the power to adopt, amend and rescind such rules and regulations and impose penalties for the effective implementation of the SEP and other provisions of the SEP Act and that, in accordance therewith, the express provisions for the imposition of the administrative penalties of fines and forfeitures for violations of its provisions, were embodied in PCSD Administrative Order No. 00-05;
WHEREAS, there is a need to clarify and amplify certain provisions of PCSD Administrative Order No. 00-05, as amended, particularly those pertaining to the transport of live fish and other aquatic products within and out of the Province of Palawan, in order to obviate legal ambiguities that may arise therefrom;
WHEREFORE, be it resolved, as it is hereby resolved, that the following further amendments be made upon PCSD Administrative Order No. 00-05, as amended:
SECTION 1. Paragraph 1.3 of Section 1 of Administrative Order No. 00-05, as amended, is hereby repealed and paragraph 1.4 is hereby re-numbered as 1.3.
SECTION 2. Paragraph 1.5 of Section 1 of Administrative Order No. 00-05, as amended, is hereby re-numbered 1.4 and amended as follows:
“COMMON CARRIERS – are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public as defined under Article 1732 of the Civil Code of the Philippines and under applicable decisions of the Supreme Court of the Philippines.”
SECTION 3. A new Paragraph 1.5 is hereby added to Section 1 of Administrative Order No. 00-05, as amended, as follows:
“CARRIER – any natural or juridical person or entity, except the Government, that is engaged or involved in the transportation of live fish or any other aquatic fresh or saltwater products, whether or not on a daily or regular manner or schedule and whether or not for compensation, from any point within or out of the Province of Palawan under a contract of transportation, whether or not in writing, through the use of aircrafts, seacrafts, land vehicles or any other mode of transportation, whether or not registered, mechanical or motorized in nature, and whether or not such persons or entities are common carriers or not as defined by law and regardless of the place of registration of such persons or entities as well as the crafts and vehicles used or employed by them.”
SECTION 4. A new Section 2 for Administrative Order No. 00-05, as amended, is hereby included and Sections 2 et seq. of the said Administrative Order are hereby re-numbered as Sections 3 to 11, respectively.
SECTION 5. The new Section 2 for Administrative Order No. 00-05, as amended, shall read as follows: “SECTION 2. Accreditation. Before it can proceed with the transport or carriage of live fish or any other aquatic fresh or saltwater products within or out of the Province of Palawan, a CARRIER must secure a CERTIFICATE OF ACCREDITATION from the PCSD.”
SECTION 6. The first paragraph as well as item (d) of Paragraph 2.3 of Section 2 (Filing Of Application For Accreditation) of Administrative Order No. 00-05, as amended, are hereby amended as follows:
“2.3 CARRIERS of Live Fish and Other Aquatic Resources CARRIERS seeking accreditation shall submit the following documents to the PCSDS,towit…
d. Copy of the Land Transportation and Franchising Regulatory Board (LTFRB), Land Transportation Office (LTO), Air Transportation Office (LTO), Maritime Industry Authority (MARINA) and/or Coast Guard Registration Papers of the CARRIER as well as of the vehicles, aircrafts or seacrafts used or employed by them for the transport of such live fish and other aquatic resources.”
SECTION 7. Section 6 of Administrative Order No. 00-05, as amended, hereby re-numbered as Section 7, is hereby amended as follows:
“SECTION 7. Additional Requirements For Airline and Shipping Companies and Other Common Carriers – In addition to securing the necessary PCSD Certificate of Accreditation before they could load, carry or transport live fish and other aquatic resources, whether fresh or saltwater in origin, within and out of the Province of Palawan, airline and shipping companies as well as other common carriers shall require SHIPPERS of such live fish and other aquatic resources to present copies of the following documents prior to the acceptance and loading of any such shipments, to wit….”
SECTION 8. New sub-sections, to be designated as subsections 5.4 to 5.6, shall be added to Section 5 of Administrative Order No. 00-05, as amended, and shall read as follows:’
“5.4 Certificates of Accreditation issued by the PCSD in accordance with and pursuant to the provisions of Administrative Order No. 00-05, as amended, shall include an express and written undertaking on the part of the CARRIER-, CATCHER-, TRADER-, FISH CAGE OPERATOR-, and FISH STORAGE OPERATOR-grantee of such Certificate of Accreditation that it assents to the conduct of periodic inspection, by duly authorized representatives of the PCSD, of its conveyances, equipment and storage facilities, whichever is applicable, for compliance with the mandatory provisions of this Administrative Order as well as the SEP Law and other laws, rules, regulations, ordinances, and similar legislations, governing the catching, trading, transport, storage or other activities involving live fish within the Province of Palawan.
5.5 The foregoing inspection and visitorial powers of the PCSD shall be exercised by the latter upon reasonable hours of the day or night, with or without prior notice to the CARRIER, CATCHER, TRADER, FISH CAGE OPERATOR or FISH STORAGE OPERATOR involved.
5.6 Failure on the part of any CARRIER, CATCHER, TRADER, FISH CAGE OPERATOR or FISH STORAGE OPERATOR to comply with the aforementioned written and express undertaking and refusal, on its part or on the part of any of its officers, employees, agents or other persons acting on its behalf, to the conduct of such periodic inspections by the PCSD shall give rise to the imposition of the appropriate penalties upon violators in accordance with the provisions of Sections 10.4, 10.6 and 10.7 hereof ”
SECTION 9. IMMEDIATE COMPLIANCE – All affected CARRIERS, as the term is defined herein, presently operating, carrying or transporting or intending to carry, load or transport live fish and other aquatic resources, whether fresh or salt water in origin, within or out of the Province of Palawan, without any PCSD Certificate of Accreditation, are hereby accorded FIFTEEN (15) days from the effectivity of these amendments to apply for and secure such accreditation.
SECTION 10 NON-COMPLIANCE – failure of all affected CARRIERS to comply with the provisions of this amending Resolution directing immediate compliance shall result to the application of the applicable penal provisions of Administrative Order No. 00-05, as amended.
SECTION 11 CHARTER OR LEASE OF AIRCRAFT BY ACCREDITED CARRIERS. Chartering or leasing of unaccredited aircraft by an accredited carrier shall constitute violation of PCSD Administrative Order No. 05 as amended. Only accredited aircraft shall be allowed to carry live fish as defined in PCSD Administrative Order No. 05 as amended.
SECTION 12. 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.
Quezon City, July 24, 2003.
EXEC. DIR. WINSTON G. ARZAGA
HON. VICENTE A. SANDOVAL