QuestionsQuestions (DENR ADMINISTRATIVE ORDER NO. 28)
The policy is to ensure proper protective measures are in place to address environmental problems resulting from environmentally critical fishpond development projects, to promote long-term coexistence of aquaculture in ponds and natural fisheries while minimizing degradation of mangrove and nearshore ecosystems.
ECC is the permit issued by the President or his duly authorized representative certifying that the new fishpond development will not bring about unacceptable environmental impact and that the proponent has complied with the requirements of the EIS system.
It is a document issued by the DENR Regional Executive Director certifying that the existing fishpond conforms with environmental standards and is not adversely affecting the environment.
Aquaculture activities within the mangrove ecosystem, including prawn/shrimp culture, seaweed farming, oyster/mussel/clam culture, other fishpond production activities, and salt beds involving clearing and diking in mangrove areas, including fishponds converted to salt beds.
All existing fishponds and new fishpond development projects regardless of area, whether situated in alienable or disposable lands or in mangrove forest lands that have been zonified for such activity.
Operators of existing fishponds and other aquaculture farms with area of one hectare and above who have not secured an ECC prior to implementation must apply for EC.
Yes. They are exempted from penalty or fine if they submit their EC application within six (6) months from the date of the Order.
All new fishpond development projects must undergo the Environmental Impact Statement (EIS) System and secure the corresponding ECC.
ECC applications covering areas up to one (1) hectare are processed at the DENR Regional Office, and the DENR Regional Executive Director is authorized to issue or deny the ECC.
ECC applications covering areas more than one (1) hectare must be submitted to the DENR Regional Office for preliminary evaluation and ocular inspection before endorsement to the EMB for further evaluation and processing; the EMB Director is authorized to issue or deny the ECC.
It must conduct initial evaluation and ocular inspection, and endorse a report verifying the environmental impact and mitigating measures relative to each project.
They must submit quarterly reports to the Environmental Management Bureau (EMB) on all issuances of Environmental Clearance and Environmental Compliance Certificate.
DENR regional offices must properly coordinate and request mayors/governors and heads of other concerned offices not to issue permits or clearances for any new fishpond projects after issuance of the Order unless ECC requirements from EMB-DENR are complied with.
DENR through EMB will conduct regular monitoring of environmental impact one year after issuance of the ECC and yearly thereafter, as provided for in the EIS System.
Violations of any provisions of the Order shall be penalized in accordance with applicable laws, rules, and regulations.
It takes effect immediately.