ACCREDITATION OF LIVE FISH CATCHERS, CARRIERS AND TRADERS IN PALAWAN BY PCSD

National Administrative Register [ PCSD ADMINISTRATIVE ORDER NO. 03, S. 1999, September 24, 2000 ]



Pursuant to PCSD Resolution Nos. 118, as amended by Resolution No.
124, and further amended by Resolution No. 142 requiring all live fish
catchers, traders and carriers in Palawan to obtain permit or
accreditation from PCSD, the rules are hereby promulgated

SECTION 1.       Definition of Terms — As used in this Order, the following terms shall be defined and/or construed as indicated below:

1.1       Catcher of Live Fish — Any entity dealing with the business of harvesting, culturing and breeding of aquatic products for commercial purposes.

1.2       Carriers of Live Fish — Any
entity involved in the transport of aquatic (fresh or saltwater)
products, live, frozen or processed from any point within Palawan.

1.3       Traders of Live Fish — Any
entity involved in the business of buying and/or selling aquatic  (fresh
of saltwater) products, live, frozen or processed from any point within
Palawan.

1.4       Certificate of Accreditation —
A certificate issued by the PCSD to a catcher, trader or carrier of
live fish upon the latter’s compliance to the requirements enumerated in
Section 2 of this order.

SECTION 2.       Filing of Application for Accreditation —
Applicants seeking for permit or accreditation shall submit the
following documents to the PCSDS as basis for evaluation of the
application

Catchers of Live Fish

a.         Brief description of the project to include,  but not
limited to, the process of operation, areas of operation and projected
monthly  volume of fish to be caught.

b.         Resolution endorsing the project from the Sangguniang
Bayan of each municipality and Sangguniang Pambarangay of each Barangay
where catching shall be undertaken.

c.         Written commitment using the attached Letter of
Commitment format (Attachment A) to submit to PCSD a monthly report
(Attachment B) indicating the following data

i.        Site where the live fish were caught or sourced (indicate name of bay, barangay and municipality)
ii.       Volume per species caught and sold and places of sale.
iii.      Method of catching; and
iv.      Name and address of buyer

Carriers of Live Fish

a.         Brief description of the project to include but not
limited to, to process of operation, areas of operation, projected
volume of fish to be traded;

b.         Resolution endorsing the project from the Sangguniang
Bayan of each municipality and Barangay where trading (both buying and
selling) shall be undertaken;

c.         Written commitment (Attachment C) to submit to PCSD the following:

i.        Monthly report (Attachment D) indicating the name and address of catcher-source:

ii.       Site where fish was caught by the catcher-source,
method of catching used by the catcher-source; volume and value per
species of live fish bought from the catcher-source, volume and value
per species sold by the trader/proponent and place of sale, and name of
address of buyer(s) who purchased from the proponent/trader.

iii.      Photocopy of the Certificate of Origin from the appropriate agency of all live fish traded within the month; and

iv.      Photocopy of the Certification from the International
Marinelife Alliance (IMA) that the live fish traded within the month is
cyanide-free.

Carriers of Live Fish

a.         Brief description of the project to include but not
limited to, the process of operation, areas of operation and projected
monthly volume of fish to be transported.

b.         Resolution endorsing the project from the Sangguniang Bayan of each municipality where the projects shall operate.

c.         Written commitment (Attachment F) to submit to PCSD
every first week of each month the following documents indicating
information on every trading transaction made during the preceding
month.

i.        Monthly report (Attachment F) indicating the date when
the fish and other marine products was transported: kinds/types of fish
species and other marine products and the corresponding value and
volume transported; name and address of consignor, name and address of
consignee, place of origin and destination of shipment.

ii.       Certification from the International Marinelife Alliance (IMA) that the live fish is cyanide-free.

iii.      Photocopy of certificate of origin issued on the consignor or shipper of live fish;

iv.      Photocopy of certification that the shipment complies
with the pertinent local ordinances and other existing laws, rules and
regulations; and

v.       Written formal commitment that the proponent will abide with the existing and future regulations passed by the PCSD.

SECTION 3.       Processing Fee — The proponent shall pay
to the PCSD through the  PCSDS the applicable processing fee as provided
for in PCSD Administrative Order No. 02 Series of 1999.

SECTION 4.       Evaluation and Approval — The PCSDS shall
conduct an evaluation of the documents submitted by the proponent and
submit its recommendation to the PCSD. Thereafter, upon confirmation of
the adequacy and veracity of the submitted documents the PCSD shall
issue a Certificate of Accreditation to the proponent.

SECTION 5.       Monitoring — The PCSDS shall conduct
periodic monitoring of the proponent’s compliance to the terms and
conditions set forth in the letter of commitment duly notarized.

SECTION 6.       Penalties —

6.1       Fine — In case a catcher,
trader or carrier of live fish is found to have operated without PCSD
accreditation in violation of this Order or violated any of the terms
and conditions of the Letter of Commitment, a fine of FIFTY THOUSAND
PESOS (P50,000.00) shall be composed for each violation.

6.2       Forfeiture — Conveyances used
and live fish caught and other objects used by any catcher, trader or
carrier operating without a Certificate of Accreditation from PCSD 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 7.       Effectivity — This order shall take effect
30 days after its complete publication for three consecutive weeks in a
newspaper of general circulation in Palawan.

So Ordered.

Adopted: 24 Sept. 2000

(SGD) ALFREDO E. ABUEG, JR.
Deputy Speaker, House  of Representatives
Chairman, Palawan Council for Sustainable Development