MUNICIPAL ORDINANCE NO. 2017-06

AN ORDINANCE ESTABLISHING THE LUPON FISH LANDING AND AUCTION CENTER THEREBY DECLARING THE SAME AS THE CONVERGENCE AND TRADING POST FOR SEAFOOD TRADERS AND FISHERMEN TO BOLSTER ECONOMIC GROWTH FOR THE FISHING INDUSTRY OF LUPON, DAVAO ORIENTAL.

Be it ordained by the Sangguniang Bayan of Lupon, Davao Oriental, that:

SECTION 1. TITLE – This Ordinance shall be called as the “Fish Landing and Auction Center Ordinance of 2017.”

SECTION 2. SCOPE AND COVERAGE – This Ordinance shall cover coastal barangays of Lupon as well as the location site of the Lupon Fish Landing and Auction Center including its perimeter but in no case shall obstruct access to the operation of the Port of Lupon.

SECTION 3. DEFINITION OF TERMS – For purposes of this Ordinance, the following terms shall mean:

Auction – a process of buying and selling goods or services by offering them up for bid, taking bids, and then selling the items to the highest bidder.
Fish Landing Center – facilities owned and operated by the Local Government Unit of Lupon situated along the coastline where buying and selling of seafood are being conducted at a prescribed time of a day.
Auctioneer – a person who conducts auction by accepting bids and declaring good sold.
Marginal Catch – refers to the minimal catch of a fisherman which shall not exceed five (5) kilograms of low grade type fish.
Center – refers to the Fish Landing and Auction Center.

SECTION 4. THE FISH LANDING AND AUCTION CENTER

The fish landing and auction center shall consist of a building, ice storage, cool storage, weights and measures and other facilities capable of handling variety of fish landed and other marine produce, maintaining their quality and freshness for safety and sustainability;
Fishing boats and vessels shall only unload their catch at the Fish Landing and Auction Center;
There shall only be one fish landing center that is considered to be the Seafood Trading Post in the Municipality of Lupon where seafood traders and fishermen converge;
Conduct of seafood trading activity along the coastal barangays of the Municipality of Lupon shall no longer be allowed except for those considered marginal catch.
SECTION 5. RULES GOVERNING THE CONDUCT OF FISH TRADING – There shall be rules to be observed in the conduct of fish trading and other related activities within the Lupon Fish Landing and Auction Center:

Fish trading shall be conducted through auction;
Auction shall be undertaken twenty-four (24) hours daily unless suspended through the recommendation of the Economic Enterprise Office due to force majeure or severe weather disturbances;
Fish retail distribution shall be allowed within the Fish Landing and Auction Center twenty-four (24) hours daily; and
Fishermen shall be given priority in the conduct of fish retail distribution within the center.

SECTION 6. THE AUCTIONEER

There shall be designated auctioneer that shall be responsible in the conduct of auction for all seafood products docked and unloaded at the Fish Landing and Auction Center.
The auctioneer shall be responsible in determining the initial auction value of seafood products unloaded at the center.
SECTION 7. FEES AND CHARGES – There shall be collected fees and charges in the conduct of fish trading and other activities within the Fish Landing and Auction Center.

SECTION 8. PENALTY CLAUSE – All person or persons found violating this Ordinance shall be dealt with a fine and penalty, as follows:

First Offense – Five Hundred (P 500.00) Pesos;

Second Offense – One Thousand Five Hundred (P 1,500.00) Pesos;

Third Offense and succeeding offenses – Two Thousand Five Hundred (P 2,500.00) Pesos.

SECTION 9. SEPARABILITY CLAUSE. If, for any reason or reasons, any part or provision of this Ordinance shall be held to be unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 10. REPEALING CLAUSE. All ordinances, as well as pertinent rules and regulations thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed or amended accordingly.

SECTION 11. EFFECTIVITY. This Ordinance shall take effect upon its approval and publication in any newspaper of local circulation and the posting thereof in bulletin boards at the entrance of the municipal hall and in at least two other conspicuous and publicly accessible places within the territorial jurisdiction of the municipality.

ENACTED by the SANGGUNIANG BAYAN of the Municipality of Lupon this 3rd day of April 2017.

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