MANTIGUE

[MUNICIPAL ORDINANCE NO. 2008-109]

AN ORDINANCE REGULATING SCUBA DIVING AND RELATED ACTIVITIES WITHIN THE MUNICIPAL WATERS OF MAHINOG AND COLLECTING FEES THEREFOR

Be it ordained by the Sangguniang Bayan of Mahinog in regular session assembled:

SECTION 1. SHORT TITLE.
This ordinance shall be known and cited as “Diving Ordinance of the Municipality of Mahinog of 2008”.

SECTION 2. DECLARATION OF POLICY

Promote conservation and ensure sustainable and equitable utilization of its coastal areas and resources in conformity with the Philippine Fisheries Code of 1998.

Ensure sustainable judicious and wise utilization of its coastal and fishery resources to a sound ecological balance thereby protecting and enhancing the equality of the environment.

Protect the rights of the small and marginal fisheries in the preferential use of communal coastal and fishery resources.

Promote the full and active participation of all sectors of the community in the conservation and management of the coastal and fishery resources through appropriate capability-building resources.

Provide full support for sustainable fisheries in the municipal waters through appropriate technology and research, adequate financial, production and marketing assistance, and other services.

Adopt the basic concept that in the utilization of fishery resources the grantee, licensee or permittee thereof shall not only be a privileged beneficiary of the municipality, but also an active participant and partner of the municipal government in the management, development, conservation and protection of the fisheries and coastal resources of the municipality.

Promote and adhere to the precautionary principle of conservation, management and exploitation of coastal and fishery resources to assure sustainable development of the coastal environment.

SECTION 3. DEFINITION OF TERMS.

Anchorage – anchorage is a designated area outside of the marine reserve where watercrafts may be secured by dropping its anchors.

Diving operators – licensed persons maintaining diving shops with diving apparatus for rent to scuba divers.

Marine Reserve – is an area within the municipal waters set aside by the municipality for protection, conservation, rehabilitation and regeneration of fishery and all other aquatic products/resources in the municipality.

Sanctuary – a designated area within the municipal waters where fishing and other human activities are prohibited.

Protected Zone – This is where existing and proposed marine sanctuaries are located and this is also known as the “no take” area since this is strictly protected from further encroachment giving chance for coastal habitats to recover and marine organisms to regenerate.

MPAs – shall mean Municipal Protected Areas.

Municipal Government – refers to the municipal government of Mahinog.

Mooring – an act of securing a water craft by a rope or cable tied to a mooring structure or to the shore.

Mooring buoy – a floating device usually made of styrofoam or other buoyant material which is vertically tied up by a rope to a manufactured concrete sinker anchored only on a sandy seabed. This is where boats/sea craft are tied to in order to prevent the use of anchors which can cause coral damage and other marine species.

Motorized vessels/boats/bancas – any watercraft or conveyance that ferry persons on water from one place to the other run by a marine engine.

Municipal waters – not only streams, 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 water included between two (2) lines drawn perpendicular to 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 island and fifteen (15) kilometers from such coastline. where two (2) municipalities are situated on opposite shores that there is less than thirty (30) kilometers of marine water between them, the third line shall be equally distant from opposite shore of the respective municipalities. Pursuant to Municipal Ordinance No. 2008-103, the marine municipal waters of the municipality of Mahinog are bounded by the general coastline of the municipality and the lines defined as follows:

Point Latitude Longitude

Beginning at 1 09o 11’ 57” 124o 46’ 43”

Thence2 09o 12’ 13” 124o 48’ 22”

Thence 3 09o 12’ 35” 124o 48’ 52”

Thence 4 09o 18’ 22” 124o 52’ 08”

Thence 5 09o 18’ 17” 124o 53’ 03”

Thence 6 09o 17’ 35” 124o 54’ 19”

Thence 7 09o 16’ 09” 124o 55’ 55”

Thence 8 09o 14’ 44” 124o 56’ 51”

Thence 9 09o 12’ 44” 124o 57’ 35”

Thence 10 09o 11’ 01” 124o 57’ 50”

Thence 11 09o 09’ 22” 124o 57’ 42”

Thence 12 09o 07’ 44” 124o 57’ 15”

Thence 13 09o 06’ 48” 124o 54’ 21”

Thence 14 09o 08’ 44” 124o 49’ 26”

Thence 15 09o 08’ 06” 124o 48’ 25”

Thence 16 09o 07’ 50” 124o 47’ 45”

Thence following

the coastline to 1

Persons – natural or juridical entities such as individuals, association, partnership, cooperatives or corporations.

Permit – a document issued to license holders before engaging in fishing, diving and other related activities using particular gear.

Scuba divers – persons diving under water using breathing apparatus equipped with compressed air tanks and requiring no connection with the surface.

Fishermen Association – an accredited organized group, association, federation, alliance or institution of fishers which has at least 15 members, a set of officers, a constitution and by-laws, and having an organizational structure and programs of action.

Fishing vessels – any vessel, boat, ship or other watercraft equipped to be used for taking of fishery species or aiding or assisting one or more vessel at sea in the performance of any activity relating to fishing, including but not limited to the preservation, supply, storage, refrigeration, transportation and processing.

Fishery and marine resources – include not only finfish but also mollusks, crustaceans, echinoderms, marine mammals, and all other products derived from aquatic resources in any form.

Buffer zones – is an area about thirty (30) meters from along the three (3) sides and ten (10) meters along the beach side of the marine reserve.

SECTION 4. JURISDICTION OVER MUNICIPAL WATERS.
The Municipal Government of Mahinog shall have jurisdiction over its municipal waters as delineated under Municipal Ordinance No. 2008-103. The municipal government shall be responsible for the management, conservation, development, protection, utilization and disposition of all coastal and fishery resources, shall enact corresponding ordinances and issue executive orders thereon. Provided, that all are in conformity with the existing national and local laws and policies and shall not endanger the sustainability of the coastal and fishery resources or destroy the ecological balance; other concerned agencies and institutions, shall enforce all fishery and environmental laws, rules and regulations as well as coastal and fishery resources-related ordinances enacted by the Sangguniang Bayan.

SECTION 5. REGULATORY FEES.
(a) No person shall engage in scuba diving and other related activities within the municipal waters of Mahinog unless permit is issued by the municipal mayor or his representative and payment is made as herein prescribed:

Scuba diving, P 120.00/head/dive;

Scuba diving with camera (still picture), P 150.00/head/dive;

Scuba diving with video (moving camera), P 200.00/head/dive;

Snorkeling, P 50.00/head/day;

Swimming within the designated area in the marine protected area delineated with markers, P10.00/head/day;

Swimming with goggles within the designated area in the marine protected area delineated with markers, P20.00/head/day;

Special Permit Fee, P500.00/permit issued/ per maximum 5 persons;

Transient dive escorts/dives guides/dive master, exempted from the above fees provided he/she has paid an annual accreditation fee in the amount of P500.00 per person;

Entrance fee to Mantigue island, P10.00 per head, except fishermen;

All resort operators and dive shops operating outside the municipality but transporting divers and tourists and engaging business in the municipal water shall secure a Mayor’s Permit in the amount of P500.00 per annum

b) The municipal treasurer shall be responsible in the collection of fees subject to audit by the municipal accountant.

c) Allocation of shares. – The proceeds shall be allocated in the following manner:

Seventy Percent (70%) – shall accrue to the general fund of the municipality.

Thirty Percent (30%) – shall accrue to the general fund of the barangay/s concerned, and in the case two or more barangays are entitled thereto, the barangay shares shall be apportioned equally to each of the barangay concerned.

Provided that, the respective shares of the barangay shall be released to the barangay concerned within fifteen (15) days after the end of each month.

SECTION 6. PERMIT TO MOOR/ANCHOR IN THE MUNICIPAL WATERS. – No diving boat, sea craft and other fishing vessels shall moor/anchor in the municipal waters except in the designated areas and upon application and approval of a permit with corresponding fees:

a) Anchorage and mooring fees:

For sea craft of 3-10 GT……..P500.00/day

For sea craft of more than 10 GT……P 1,000.00/day or fraction thereof

b) For dry docking/repair of vessels:

For sea craft more than 3 GT……..P500.00/day

For sea craft less than 3 GT……P250.00/day or fraction thereof

c) For Mooring Buoy

Mooring Buoy (Private/family use)…..P 3,000.00/year/mooring buoy or a fraction thereof

Mooring Buoy (commercial/business use)……P 20.00/day/mooring buoy or a fraction thereof

SECTION 7. PROHIBITED ACTS WITHIN THE MARINE RESERVE, SANCTUARY AND PROTECTED ZONE. It shall be unlawful for any person to engage in the following activities within the marine reserve area, sanctuary and protected zone.

Take, catch, gather, destroy or kill any fish and other aquatic products in any manner nor vandalized, disturb or drive away or take therefrom any fish, fry or eggs and other aquatic resources.

Dump any biodegradable, non-biodegradable and toxic wastes which cause pollution in the marine reserve.

Alter, or remove deface the boundary markers or signs located within the marine reserve and the buffer zones.

Exploration without the necessary permit from the proper authorities.

Navigation within the marine reserve area/diving sites with marker using motorized vessels or boats.

Engage in all types of water sports and other activities that will disturb the tranquility of the marine protected area.

Gathering of corals sand, gravel, boulders and other marine spices.

Mooring and securing/parking of craft/banca/baroto, marker buoys within the marine reserve except on emergency cases.

Dropping of anchor within the marine reserve area.

Diving and snorkeling during nighttime from 6:00 p.m. to 6:00 a.m.

Diving and engaging in allowed activities without paying the fees prescribed under this ordinance and surrendering the appropriate ticket first to the on-site collector.

Diving without the escort of the dive ranger/accredited and/or deputized dive guides/dive master.

Swimming within the marine protected area without diving and snorkeling equipments except in the buffer zone designated for swimming.

Dive outside the diving route or designated area during low tide.

Fish within thirty (30) meters from the buoy boundary of the marine reserve area.

Training/schooling dives within the marine protected area.

Engage in activities not corresponding to the ticket issued and presented.

Install private mooring buoys within the buffer zone except government owned and operated used for eco-tourism activities.

Provided further, that special permit be given to any research institution to conduct study in the marine reserve and protected area in furtherance of their research or study.

Provided further, that the institutions granted such permit would furnish the municipal government the result of their research or study.

SECTION 8. PENAL CLAUSE.

Any person who violates any provision of this ordinance shall be punished with a fine of Two Thousand Five hundred pesos (P2,500.00) or an imprisonment of six (6) month or both at the discretion of the court.

Resort operators, dive shop operators, boat captain and dive escorts whose guests/clients and crew violate any section of this ordinance shall be held in subsidiary liability and shall be punished with a fine of Two Thousand Five Hundred Pesos (P2,500.00) or an imprisonment of six (6) month or both at the discretion of the court or cancellation of its business permits.

Paraphernalia and other accessories confiscated together with the violators of the ordinance shall be released only after paying the corresponding fee equivalent to ten percent (10%) of the total estimated cost of the equipments to be determined by the owner and / or to be forfeited in favor on the LGU.

SECTION 9. PERSONS AND DEPUTIES AUTHORIZED TO ENFORCE
THIS ORDINANCE.
The Municipal Mayor, Municipal Agriculturist, CRM Officer, Municipal Planning and Development Coordinator, Municipal Treasurer, Municipal Local Government Operations Officer, Philippine National Police, Philippine Coast Guard and/or Auxiliary, Municipal FARMC, Fishermen Association, Response 143, Barangay Officials and deputized fish warden shall take the lead in the implementation of this ordinance.

SECTION 10. REPEALING CLAUSE.

All ordinances, rules and regulations, or parts thereof, in conflict with, or inconsistent with any provisions of this ordinance are hereby repealed or modified accordingly.

SECTION 11. IMPLEMENTING RULES AND REGULATIONS.
The Municipal Mayor is hereby empowered to promulgate the necessary implementing rules and regulations order in furtherance of this ordinance.

APPROVED, October 20, 2008.

________________

I hereby certify to the correctness and enactment of the foregoing ordinance.

HOMER R. JAJALLA

Secretary to the Sanggunian

Attested: Approved:

ROGERIO C. ACLE ALEX R. JAJALLA

Municipal Vice Mayor Municipal Mayor

[MUNICIPAL ORDINANCE NO. 2009-115]

AN ORDINANCE PROVIDING FOR THE RULES AND REGULATIONS IN THE ACCREDITATION, LICENSING AND OPERATION OF TOURIST SEA TRANSPORT ENGAGED IN TRANSPORTING PASSENGERS TO MANTIGUE ISLAND AND BURIAS SHOAL AND TO ANY AUTHORIZED POINT OF DESTINATION WITHIN THE MUNICIPAL WATERS OF MAHINOG AND FOR OTHER PURPOSES

Be it ordained by the Municipal Council of Mahinog in session assembled:

SECTION 1. SHORT TITLE.
This ordinance shall be known and cited as Mahinog Tourist Sea Transport Ordinance of 2009and shall be enforced in conjunction with the laws, decrees, orders, policies and rules and regulation issued by the Maritime Industry Authority (MARINA) and the Philippine Coast Guard (PCG) already existing or which may later be promulgated regarding the matter.

SECTION 2. DECLARATION OF POLICY.

a. Develop tourism potential and resources of Mahinog, and ensures the security, enjoyment and well-being of tourists and enhancing the quality of services offered by sea tourist transport.

b. Enhance the economic activity, provide more jobs and income opportunity for the populace and increase the financial resources of the municipal government.

c. Ensure environmental sustainability and ecological balance.

SECTION 3. LEGAL BASIS.

Section 17 par (xii) of R.A. 7160 which grants the municipality to exercise such powers and discharge such functions and responsibilities for the provision of the basic services and facilities as tourism development and promotion programs, tourism facilities and other tourist attractions, including the acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities.

Section 447, par (4) (iv) of R.A. 7160 which gives the Sangguniang Bayan the power to regulate the establishment, operation and maintenance of tourism establishments including tourist guides and transport.

Section 16 of RA 8550 (Phil Fisheries Code of 1998) which gives the municipality the jurisdiction over its municipal waters.

SECTION 4. DEFINITION OF TERMS.
As used in this ordinance the following terms shall mean -

a. LGU – the local government unit of Mahinog, Camiguin.

b. Tourist Sea Transport – any watercraft catering to tourist, commonly known as motorized boat/banca/ pump boat and other similar conveyances.

c. Operator – an owner of a boat duly accredited and granted by the LGU with a permit to operate a tourist sea transport. As owner, he/she must present any proof of ownership when applying a permit to the municipal mayor.

d .Boat man – an individual who operates or works on a sea transport, especially somebody who conveys passengers from and to authorized destination.

e.Boat assistant and tour guides – somebody who helps the boatman in carrying out a task; guides or ushers in tourist passengers upon training and seminar conducted by authorized agency of the Department of Tourism.

f. Dispatcher or usher – is an individual employed by the association who ushers in passenger to his boat.

g. Association- the Mantigue Island Motorboat Service Association (MAMSA) organized under the laws of the Philippines and which has been granted by the LGU the exclusive right and privilege to transport tourists going to Mantigue Island and Burias Shoal for a fee.

h. Accreditation – a certification issued by the Municipal Mayor to an individual that the holder is recognized by the local government unit of Mahinog as having complied with its minimum standards in the operation of a sea transport.

i. Permit – is a license or privilege granted by the municipal mayor to an individual who operates a sea transport catering to tourist both local and foreign.

j. MAMSA – Mantigue island Motorboat Service Association.

k. Homeport – is a place by the sea located in barangay San Roque where sea transports going to Mantigue island/Burias Shoal are available and where the office and terminal of the Mantigue Island Motorboat Service Association (MAMSA) are located.

l. Seaport – is a place by the sea located in barangay San Roque designated by the LGU where sea transport can dock, load and unload passengers.

m. Alley system – is a systematic schedule of boat departure in which a boat is allowed to ply according to boat’sassigned number or in the order of first arrival (first arrive, first leave basis).

SECTION 5. PROHIBITED ACTS.
No person, natural or juridical, shall operate a sea transport for the purpose of transporting passengers and tourist going to Mantigue island and Burias Shoal and to any authorized destination within the municipal waters of Mahinog for a fee, without a Certificate of Accreditation and a permit duly issued by the Municipal Mayor and other requirements as herein provided. This prohibition shall not cover to motorboat used for private and family purposes.

SECTION 6.ACCREDITATION AND PERMIT.
The following are qualified to apply for accreditation and Mayor’s permit as sea transport operator.

a) A resident Filipino citizen and a resident of Mahinog.

b) A bona fide member of Mantigue Motorboat Service Association (MAMSA).

c) Have complied with minimum standards and requirements in the operation of a sea transport as herein under provided.

SECTION 7. MINIMUM REQUIREMENTS.
For purposes of accreditation and licensing, the following are the minimum requirements for the operation and maintenance of a sea transport.

a. The sea transport unit shall be exclusively used for transport of tourist and the riding public only.

b. Must be found sea worthy upon inspection by a team from the LGU.

c. Must be provided with adequate life-saving devices (one flashlight, portable fire extinguisher and first-aid kit) for the protection and safety of its passengers.

d. Must be equipped with clean and comfortable seats, roofing, ladder and garbage receptacle.

e. Must be provided, at the expense of the association, with adequate communication equipment/hand held radio.

SECTION 8. RESPONSIBILITES OF THE BOATMAN.
While operating a sea transport, it is the responsibility of the boatman and his assistant to:

a. Provide service that is safe, regular, comfortable and convenient as possible.

b .Ensure that each passenger wears a life vest while on board.

c. Wear uniform as prescribed by the association.

d. Avoid smoking cigar while on board, or operate under the influence of liquor and drugs.

e. Fetch and transport his passenger back to the homeport and see to it that his passenger leaves the island before 6:00 in the evening of the same day.

SECTION 9.RESPONSIBILITIES OF THE OPERATOR.
It shall be the responsibility of the operator to maintain the standards set by the LGU.Failure to do so shall be sufficient grounds for the cancellation of its license/permit.

SECTION 10. RESPONSIBILITY OF THE ASSOCIATION.
It shall be the responsibility of the association to employ a dispatcher/usher and maintain a list of the time of arrivals and departures of boats and make sure that boats are always available at the sea port.

SECTION 11. AUTHORIZED NUMBER OF PASSENGERS.
No boat or sea transport is allowed to carry more than six (6) passengers. In addition, there shall be two crew members in each boat, 1 boatman and 1 assistant boatman which will also serve as tour guides. No overloading and/or excess passengers are allowed.

SECTION 12. ROUTE LINE.

a. There shall be designated a route line: San Roque seaport to Mantigue island/Burias Shoal and vice versa.

b .No sea transport which was granted a permit under this ordinance is allowed to ply outside the route line.

c. No sea transport is allowed to transport, load or unload passengers except at the designated seaport in barangay San Roque and docking area in Mantigue island. This provision shall not cover to visiting sea transport coming from neighboring localities.

SECTION 13 . ALLEY SYSTEM.
No sea transport is allowed to leave the seaport in San Roque without following the alley system based on boat’s assigned number or in the order of first arrival (first arrive, first leave basis).

SECTION 14. IDENTIFICATION.
Sea transport shall be easily identifiable. For this purpose, it shall be mandatory for all transport operators to put an identifying mark in their respective boat as hereunder prescribed.

Green line (8 inch wide) painted at both upper sides, from prow (forward part of the boat) up to the front stringer (tarik).

b. Logo of the Association and address

c. Boat accreditation number

d. Number of maximum passengers

e .Name of operator

SECTION 15.INSURANCE FOR PASSENGERS.
Sea transport shall be adequately covered by a personal accident insurance.

Section 16. ACCREDITATION, PERMIT FEES AND VALIDITY. Upon approval of the application, an annual accreditation fee shall be collected from the applicant in the following schedules of fees per unit. The accreditation and permit shall be valid for a period of one (1) year from its date of issue unless sooner revoked for cause by the Municipal Mayor. The same may be renewed on or before the date of expiration. A corresponding penalty under existing ordinance shall be imposed in case of late renewal.

a. LGU Accreditation and Inspection Fee………………P500.00 per annum

b. Mayor’s Permit to operate……………………………P100.00 per annum

c .Health Certificate……………………………………..P30.00 per annum

d .Police Clearance………………………………………P30.00per annum

SECTION 17. STORMY WEATHER CONDITION.
During stormy weather such as tropical storm, all type of sea transport/motorboat emanating from the shorelines and/or landing area within the municipality shall be prevented from sailing.

In consonance with Maritime Industry Authority (MARINA) rules and regulation, all punong barangays are given the authority to see to it that no motorboats/bancas are allowed to sail whenever tropical storm signal is raised.

The punong barangay of San Roque shall closely coordinate with the Mahinog Response 143, the communication arm of the Municipal Disaster Coordinating Council (MDCC), to get the latest weather update from PAG-ASA-Office of Civil Defense-RDCC X.

SECTION 18. MANNER OF FIXING RATES.

a)The fixing of rates for tourist transport shall be determined and approved by the Sangguniang Bayan in consultation with the stakeholders.

b)No tourist transport operator shall charge rates other than those so prescribed.

SECTION 19. APPLICATION FOR INCREASE OF
TRANSPORTATION RATES.
All applications for increase of transportation rates shall be filed before the Sangguniang Bayan in triplicate and shall be sworn to before the Municipal Mayor, who may indorse the application to the Sannguniang Bayan for appropriate action.

SECTION 20.BURDEN OF PROOF FOR REASONABLE
INCREASE.
The applicant shall have the burden of showing that the proposed increase is fair and reasonable.

SECTION 21. PRIOR APPROVAL FOR TRANSFER OF
MAYOR’S PERMIT.
A Mayor’s Permit is a matter of privilege and may only be issued to qualified applicants. Accordingly, no tourist transport operator shall transfer or alienate in whatever manner its permit without prior approval from the Mayor. Any transferee shall comply with all requirements and procedures for the issuance of a Mayor’s Permit as prescribed under Section 6 and 7 of this ordinance.

SECTION 22. TRANSFEREE’S RESPONSIBILITY.
The transferee of a Mayor’s Permit shall pay the corresponding fee as the new operator and unless otherwise stipulated shall not be absolved from any responsibility as to contracts, money claims, damages or other liability arising out of and in the course of the operations conducted by its predecessor.

SECTION 23.TRANSFER OF OWNERSHIP.
Transfer of substantial rights on ownership of shares of interest therein that would culminate in the transfer majority and controlling rights shall be reported to the Office within ten (10) working days. The Office shall evaluate the credentials and qualification of the new owner and decide to revalidate the licensee.

SECTION 24. PERIODIC INSPECTION.
When necessary or when public good dictates, the LGU may send an inspection team to the sea transport for the purpose of finding out whether they are being kept in a manner conformable to the standards set by the LGU. The inspection shall be conducted at a reasonable time of the day.

SECTION 25. CHECKLIST TO BE ACCOMPLISHED DURING
OCULAR INSPECTION.
The LGU inspection team shall provide itself with a set of checklist of the requirements for sea transport. All deficiencies found as well as the requirements complied with shall be noted in the checklist.

SECTION 26. DEFECTS AND DEFICIENCIES FOUND DURING
THE INSPECTION.
Where certain defects and deficiencies have been found in the courses of the inspection, the LGU shall give direction to the operator to rectify the defects and deficiencies within reasonable period of time.

SECTION 27. PENALTY FOR FAILURE TO REMEDY THE
DEFECTS.
If the operator fails to remedy the defects or deficiencies, the LGU may revoke the certificate of accreditation and permit of the sea transport operator.

SECTION 28. ADMINISTRATION AND ENFORCEMENT OF
THE PROVISIONS OF THIS ORDINANCE.
The administration and enforcement of the provisions of this ordinance, including the imposition of penalties for administrative violations hereof, are hereby vested in the Municipal Tourism Council, and except in regard to those functions which under this ordinance are specifically conferred upon other agencies of the government, the Council is hereby empowered to exercise quasi-judicial powers in the resolution of operations-related incidents/ complaints against tourist transport operator and/or their boatmen that are not resolved within the association in accordance with its rules and procedures governing complaints. The Municipal Tourism Officer shall act as the secretariat of the Council.

SECTION 29. COASTAL LAW ENFORCEMENT ACTION
NETWORK.
The Coastal Law Enforcement Action Network (CLEAN) is hereby given the prime authority to enforce this ordinance. For this purpose, law enforcers or deputized agents shall, on apprehending violator hereof, issue a citation ticket in duplicate, the original copy of which to the offender, the duplicate to the municipal treasurer. Provided, That the duplicate be turned over to the municipal treasurer within 24 hours from the issuance thereof and Provided, Further, That the offender shall settle the fine within 72 hours from receipt of said ticket, otherwise the case shall be forwarded to the Municipal Tourism Council for adjudication and if it is still not settled, to the Provincial Prosecutor for filing of the necessary charges in court.

SECTION 30. PENAL PROVISIONS AND GROUNDS FOR CANCELLATION OF ACCREDITATION/PERMIT

a.Any person who violates Section 5 (Prohibited Acts) hereof, shall be fined P1,000 for the first offense; P1,500 for the second offense; P2,500 for the third and succeeding offenses.

b.Boatman who violates Section 8, 11, 12, 13 of this ordinance shall be fined P500.00 for the first offense; P1, 000 for the second offense; P1,500 for the third and succeeding offenses. In the event the boatman is unable to pay the fines, the operator shall be held in subsidiary liability.

c.Any or the following acts or omissions shall be sufficient ground for the cancellation of accreditation and permit of sea transport operator.

1.Failure to maintain the standards and requirements for accreditation as prescribed in this ordinance.

2.Violation of or non-compliance with any of the provisions of this ordinance.

3.Any other act or omission that works against the interest of the tourism industry.

SECTION 31. REPEALING CLAUSE.

All existing ordinances passed by the Sagguniang Bayan or Executive Order previously issued by the Municipal Mayor which are inconsistent with the provisions of this ordinance, are hereby repealed and/or modified accordingly.

SECTION 32. EFFECTIVITY. This ordinance shall take effect immediately after period of publication.

APPROVED, March 23, 2009.

I hereby certify to the correctness and enactment of the foregoing ordinance.

HOMER R. JAJALLA

Secretary to the Sanggunian

Attested: Approved:

ROGERIO C. ACLE ALEX R. JAJALLA

Municipal Vice Mayor/Presiding Officer Municipal Mayor