QuestionsQuestions (BFAR JOINT DA-DENR-DILG ADMINISTRATIVE ORDER NO. 1)
To define and identify areas of cooperation and collaboration among DA, DENR, and DILG in planning, management, and control of aquaculture development, with the aim of mitigating environmental impacts, and to provide a coordinated code of practice, monitoring, and control mechanisms.
RA 7160 (Local Government Code) for LGU roles; RA 7586 (NIPAS) for protected areas; RA 8550 (Philippine Fisheries Code) for fisheries/aquaculture governance; RA 9147 for wildlife; PD 705 (Forestry Code) for resource/environment context; PD 1586 (EIS System) and other environmental laws like RA 9003 (solid waste), RA 9275 (Clean Water Act), and Administrative Code EO 292.
They agreed to coordinate efforts, harmonize policies, and cooperate at operational levels to adopt an integrated, coordinated approach to aquaculture development to mitigate environmental impacts.
It is the introduction directly or indirectly of substances or energy into aquatic environments causing deleterious effects, hazards to health, hindrance to aquatic activities, and includes dumping/disposal of wastes, discharge of petroleum/carbonaceous/noxious substances, and also includes deforestation, unsound agricultural practices, use of banned chemicals, excessive chemicals, intensive artificial fish feed use, and wetland conversion.
FLA areas are mangrove forest lands and other swamps released to DA/BFAR by DENR for fishpond purposes. An FLA is a 25-year agreement between the DA Secretary and a qualified applicant for use of public land for fishpond development.
They may be introduced only after sound ecological/biological/environmental justification based on scientific studies and subject to biosafety standards, including quarantine, and in line with existing laws (including rules on importation and release of biotechnology-derived plant products). Imported live commodities must undergo Import Risk Analysis (IRA).
It adopts and requires practices under the Code of Practice for Aquaculture (FAO/Fisheries Administrative Order 214-2001 references). DA/BFAR must assist in monitoring aquafeeds, registration/evaluation/investigation/inspection of feed manufacturers, and institute accreditation/certification of bona fide aqua-feed millers; substandard feeds must be conditionally banned until compliant.
It refers to criteria for limiting stocking density and feeding requirements. For lakes/bodies of water, it requires physico-chemical and biological studies (plankton/algae density, nutrients, transparency, biomass/composition). For fish pens/cages, it is based on productivity measured in terms of biomass and nutrient uptake. For inland water supporting plantivorous species, primary productivity must be less than 10 gmC/m². Coastal/marine models are to be established jointly.
The determination is undertaken jointly by a composite team composed of DA/BFAR, DENR, and DILG within their respective areas of jurisdiction; DENR and BFAR also jointly establish standard carrying capacity models with academic assistance.
Effluents, sediments, and wastes must be properly disposed through wastewater treatment and settling ponds; outfalls must be designed so no significant impact occurs beyond the mixing zone; pond sediment must be returned to the eroded area or used as earth fill or disposed responsibly; discharged water must meet DENR water quality standards (DENR DAO No. 35-90 reference).
It prohibits dumping/running/draining/disposal of substances causing aquatic pollution. Discharges and deposits into water bodies that may be washed in by tides/storms must follow RA 9275 and RA 8550. LGUs must implement waste segregation/collection systems per RA 9003, with DENR and DA/BFAR assisting.
It assigns these cases to the Joint Quick Response Team (originally created under DA-DENR issuances). The team must be strengthened/reconstituted to include DILG, LMP/LCP or LGU concerned, and FARMC representatives, identify focal units for oversight, and coordinate with PCG and PNP Maritime Group.
EIA responsibility primarily lies with the proponent, with assistance from DA/BFAR for fisheries-related activities. Proponents must coordinate with LGU for public participation (public hearings and dissemination) and submit aquaculture project development plans for review by BFAR Regional Offices, plus compulsory self-monitoring reports for validation.
An MMT may be formed as required in the ECC to monitor proponent compliance; it can include DENR, DA/BFAR, LGU concerned, FARMC, and other stakeholders such as academe, with DENR/Regional Office and the proponent initiating formation for oversight.
It creates an inter-agency technical working group (headed by DA/BFAR, with DENR and DILG and others) to identify pollution sources affecting FLA areas, and FLA areas flooded due to calamities/climate change, and recommend mitigation or best beneficial use. It also creates another TWG (chaired by DENR) to identify abandoned FLA areas for five years and prepare guidelines for reverting such areas to original mangrove state and reforestation.
It takes effect immediately after 15 days from publication in the Official Gazette and two newspapers of general circulation, and fifteen days after registration with the National Administrative Register.