IMPLEMENTING GUIDELINES OF EXECUTIVE ORDER 305

Pursuant to Executive Order 305, entitled “Devolving to Municipal and City Governments the Registration
of Fishing Vessels Three (3) Gross Tonnage and Below”, the following implementing Guidelines is hereby
promulgated:

Section 1. Definition of Terms

As used in this Guidelines, the following terms and phrases shall mean as follows:

Registration an act/process of enlisting a fishing vessel three (3) gross tons and
below for the purpose of establishing its identify and ownership by
assigning it a permanent number [recorded in the municipal registry of
municipal fishing vessels]

Ad measurement means the measure of the volumetric capacity of the fishing vessel to
determine its gross tonnage

Gross Tonnage the product of vessel tonnage length, tonnage depth, and tonnage
breadth modified by a factor of 0.70 divided by 2.83

License/Permit to fish the privilege to fish in its municipal waters granted to registered fisherfolk
by the LGU

LGUs local government units as used in E.O. 305 refer to cities and
municipalities

Fishing vessel any watercraft used for fishing or in support to fishing operations in
municipal waters weighing three (3) gross tons and below

Net Tonnage the GT modified by a factor of 0.32

Registered Breadth the transverse distance taken at a widest part of the hull, excluding rub
rails from the outboard side of the skin on one side of the hull to the
outboard side of the skin on the other side of the hull

Registered Depth the vertical distance taken at or near midships from a line drawn
horizontally through the gunwale of the skin of the sides of the hull
(excluding the rail) to the outboard face of the bottom skin of the hull,
excluding the keel

Registered Length the horizontal distance between the outboard side of the foremost part of
the stem and the outboard side of the aftermost part of the stern,
excluding fittings and attachments

Tonnage Length the length measured at the centerline of the fishing vessel from the point
forward where the line of the tonnage deck intersects the line of the
inboard faces at the stem to the point aft where the line of the tonnage
deck intersects the inboard face of the stem

Tonnage Depth measured at the centerline from a point below the line of the tonnage
deck. Measurement taken at right angle to the vessel centerline of the
vessel down to the inboard of the bottom skin of the hull

Tonnage Breadth measured at the midpart from the gunwale inside of the skin of the hull to
the inside of the skin on the other side of the hull

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 Municipal waters include not only sreams, lakes, inland bodies of water and tidal waters
within the municipality which are not included within the protected areas
as defined under Republic Act No. 7586 (The NIPAS Law), public forest,
timber lands, forest reserves or fishery reserves, but also marine waters
included between two (2) lines dawn perpendicular to the general
coastline from points where the boundary lines of the municipality touch
the sea at low tide and a third lien parallel with the general coastline from
points where the boundary lines of the municipality touch the sea at low
tide and a third line parallel with the general coastline including offshore
islands and fifteen (15) kilometers from such coastline. Where two (2)
municipalities are so situated on opposite shores that there is less than
thirty (30) kilometers of marine waters between them, the third line shall
be equally distant from the opposite shore of the respective
municipalities.

Motorized fishing vessel a fishing vessel propelled by mechanical means

MARINA Maritime Industry Authority

PCG Philippine Coast Guard

BFAR Bureau of Fisheries and Aquatic Resources

Homeport Refers to the LGU where the fishing vessel is registered

Section 2. Objectives

2.1 Uniform guidelines. To prescribe a uniform system and procedure to guide all municipal and city local
government units in the conduct of the registration of fishing boats three (3) gross tonnage and below.

2.2 Institutional arrangements. To delineate the functions of all national government agencies, leagues of
local government units and all other relevant sectors involved in the registration of fishing boats three (3)
gross tonnage and below.

2.3 Implementation and monitoring. To establish mechanisms to implement this Order and enable all
agencies involved to monitor compliance.

Section 3. Roles of the Agencies and the LGUs

3.1 The MARINA and PCG shall extend technical assistance and support to the local government units
with respect to registration of fishing vessels as provided for in E.O. 305 and separate data bank of the
list of registered fishing vessels registered. With the exception of the registration functions as devolved
the MARINA and PCG shall continue to exercise visitorial functions to enforce compliance with the
Revised Philippine Merchant Marine Rules and Regulations and all other existing laws, rules and
regulations on maritime safety.

Said offices shall also assist the LGUs to qualify and issue appropriate documents to the fisherfolk to
operate a motorized fishing vessel.

3.2. The BFAR shall maintain a separate databank of the list of registered fishing vessels for record
purposes and monitoring of level of fishing effort.

Section 4. The General Registration Guidelines

5.1. Application

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The LGUs must require the applicant to file an application under oath using a standard application form
(Annex A), which shall contain the following information: name of owner, nationality, residence, type and
make of fishing vessel and propulsion, and other pertinent information that the LGU may require.

Only Filipino citizens, single proprietorships, partnerships and/or corporations and duly registered or
accredited fisherfolk associations and cooperatives are eligible to apply for registration.

5.2. Tonnage Measurement

The LGUs with the assistance of MARINA and PCG shall train and authorize a pool of inspectors to
conduct an inspection of the fishing vessel to determine its gross tonnage using the metric formula as
follow:

Gross Tonnage = Tonnage Length x Tonnage Breadth x Tonnage Depth x 0.70

2.83

The inspector shall certify the correctness of the ad measurement in the standard tonnage measurement
form (Annex B).

5.3 Certification from the Philippine National Police

The LGUs shall require the applicant to secure a clearance from the PNP Maritime Office in the LGU or in
its absence, the local PNP, certifying that the fishing vessel is not involved in any criminal offense

5.4 Issuance of Certificate of Number

The LGUS shall issue a Certificate of Number using the standard format (Annex C) once all the
documentary requirements are fully complied with and upon payment of the registration fee

5.5 Payment of Fees

The LGUs shall require the applicant to pay the prescribed registration fees.

5.6 Official Number, Assignment of Name and Marking of Vessels

5.6.1 Official Number.

The LGUs shall assign an official number to a registered fishing vessel, which shall correspond to a code
specifying the Province, and LGU as listed in Annex D, which shall be painted permanently marked or
plated on both sides of the forward portion of the fishing vessel.

5.6.2 Assignment of Name

The LGU, upon request of the owner/operator may assign a name of the fishing vessel. A name shall be
assigned to only one (1) fishing vessel regardless of type of fishing gear. If the proposed name has
already been assigned to another registered boat, the owner or operator has the option of adding letters
of the alphabet, any Arabic number or Roman numeral which can be represented by words or its numeric
equivalent, to the proposed name.

The name of the fishing vessel shall be painted on both sides of the mid portion of the fishing vessel.

5.6.3 The LGU may institute a vessel-marking or color coding system within its municipality

Section 6. Monitoring of Registered Fishing Vessels

The LGU shall institute a monitoring system to determine compliance with EO 305 and its Implementing
Guidelines.

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The LGU shall take into consideration in its legislation other factors to guide them in approving the
registration of fishing vessels, such as but not limited to the carrying capacity of its marine resources and
the constitutional and statutory preferential rights of municipal fisherfolk within the municipal waters.

Section 7. Issuance of new Certificate of Number

The LGU shall issue a new Certificate of Number in case the fishing vessel changes its homeport.

A change in homeport may occur in case the owner/operator decides to change residence or principal
office, or sells or transfers ownership of the fishing vessel to a person or entity wit domicile in another
LGU; the LGU shall, upon application for change of homeport, issue a certificate of clearance and shall
delete the registration of such fishing vessel from its register.

No clearance for the change of homeport shall be issued by the current homeport under the following
instances:

1. the single proprietorship, partnership, corporation or fisherfolk cooperative has no branch office in
the intended homeport;
2. there is an outstanding safety requirement, which the boat has to comply;
3. the fishing vessel is involved in a pending criminal or administrative case for violation of a fishery
law or ordinance or a civil case regarding questions of ownership.

The new homeport shall issue a new CN upon filing of an application for issuance of a new CN supported
by the following documents:

1. The original copy of the CN; and

2. Clearance to change homeport issued by the current homeport

Upon approval of the change of homeport, all records pertaining to the boat shall be transmitted by the
previous homeport to the new homeport.

Section 8. Re-issuance of Certificate of Number

The LGU shall re-issue the CN in the following instances:

a. change in ownership or transfer of the fishing vessel without change in homeports

b. change in the engine of motorized fishing vessel
c. change of name

A. In case the fishing vessel is the subject of sale or transfer of ownership, the LGU government shall re-
issue the CN, containing the amended information on ownership upon application of the new owner or
transferee, and subject to compliance with following requirements:

1. Submission of a duly notarized Deed of Absolute Sale;

2. Posting in the Barangay or Town Hall for seven (7) consecutive days giving notice that the fishing
banca has been sold or transferred to a new owner;
3. Affidavit of Publication executed by the Barangay Captain or Town Mayor that said notice had
been posted in the premises and that there are no oppositors to the fishing boat’s sale; and
4. Original copy(ies) of the CN.

B. In case of change in the engine

In case of replacement of boat engine, an application for the issuance of new CN shall be filed with the
current homeport accompanied by the following documents;

1. The original copy of the CN;

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 2. Official Receipt of Purchase of engine; and
3. Police Clearance that the engine purchased is not from a carnapped/stolen vehicle.

C. Change of name of the boat

A LGU shall re-issue a CN when an owner or operator desires to change the name of his boat, upon
application filed with the current homeport, stating the reason for such.

An application for change of name will not be approved if the boat is involved in civil case regarding
question of ownership or in a criminal or civil case for violation of a fishery law or ordinance.

Only applications with complete documentary requirements shall be accepted. The following are the
documents that should be attached to the application:

1. The original copy of the CN;

2. The Posting of a notice in the Barangay or Municipal Hall on the Change of Name of the boat, for
a period of seven (7) consecutive days;
3. Affidavit of Publication executed by the Barangay Captain or Town Mayor that notice had been
posted and that no opposition or claims were filed against the boat during the seven-day period of
publication.

Section 9. Deletion or Cancellation of Registration

In case of loss or decay of the fishing vessel, or its involvement in a marine/maritime incident, the
owner/operator shall immediately inform the LGU. The latter shall delete or cancel the fishing vessel’s
registration.

The LGU may also cancel or delete the registration of the fishing vessel for other lawful causes, after duly
notifying its owner/operator and compliance with the requirement of due process.

Section 10. Record-Keeping and Submission of Reports

The LGU shall maintain up-to-date records of fishing vessels three (3) gross tonnage and below under
their jurisdiction, and regularly submit to the MARINA Central Office or MARINA Regional Office
concerned, the PCG Station/Detachment and DA-BFAR the list of vessels registered and
deleted/cancelled within the first quarter of the succeeding year.

Section 11. Fees, Fines and Penalties

11.1 The LGU shall exact payment of registration fees in an amount it deems necessary and appropriate
to cover administrative cost

11.2 The LGU shall legislate administrative fines and penalties for non-registration subject to the
conditions set by the Local Government. The LGU are authorized to retain revenues from fines and
penalties.

Section 12. Local Government Technical Capacity-Building

The LGU shall train its technical personnel with the assistance of the MARINA and PCG and designate
appropriate officers for the full discharge of this devolved function. The MARINA and PCG shall extend
assistance and support to ensure that the services needed by the public are not disrupted.

Section 13. Transitory Provision

13.1 There shall be a transition period covering one year from the effectivity of EO 305. The PCG may
continue its deputized function to register fishing vessels until expiration of the transition period. LGU
actually undertaking registration pursuant to an ordinance may continue the registration until expiration of

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the transition period. After which, they shall enact an appropriate ordinance for this purpose, without
prejudice to LGU’s undertaking registration pursuant to an ordinance and upon proper training of their
personnel. The LGUs shall notify, in writing, the MARINA and PCG of their readiness to assume fishing
vessel registration function.

13.2 The DILG shall issue a memorandum circular to enjoin LGUs to enact ordinance on fishing vessel
registration

Section 14. Rules of Construction

Consistent with the intent of this Order, questions raised emanating from this Guidelines shall always be
interpreted in favor of the LGUs as well as, in a suppletory manner, the promotion of responsible and
sustainable fisheries, and maritime safety.

Section 15. Funding

National and local agencies identified in EO 305 shall allocate funds to finance all activities related to the
implementation of this Guidelines.

Section 16. Repealing Clause

All Executive Orders, Department Orders, Memorandum Circulars, Rules and Regulations or parts thereof
contrary to or inconsistent with this Implementing Rules and Regulations are hereby repealed or modified
accordingly.

Section 17. Effectivity

This Implementing Rules and Regulations shall take effect fifteen (15) days after its publication in
the Official Gazette.

(SGD) Sec. Angelo Reyes, DILG SECRETARY

(SGD) Sec. Raul M. Gonzales, DOJ SECRETARY

(SGD) Sec. Leandro M. Mendoza, DOTC SECRETARY

(SGD) Sec. Arthur C. Yap, DA SECRETARY

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