QuestionsQuestions (BFAR ADMINISTRATIVE ORDER NO. 197, S. 2000)
An agreement entered into between the Secretary of Agriculture and a qualified fishpond applicant for the use of public land for fishpond development purposes for a period of 25 years.
Philippine citizens at least 21 years old; Philippine corporations with at least 60% Filipino ownership; and fisherfolk cooperatives/associations and small and medium enterprises duly organized or registered under Philippine laws.
FLAs may be issued primarily to qualified fisherfolk cooperatives/associations; in cases of existing FLAs, current lessees get priority upon expiration and are entitled to an extension of another 25 years; thereafter, FLAs go to Filipino citizens with preference primarily to qualified fisherfolk cooperatives/associations and also to qualified small and medium enterprises.
Not exceeding 50 hectares.
If living together: aggregate area not exceeding 50 hectares. If living separately by virtue of a decree of legal separation: each may apply for not exceeding 50 hectares.
Not exceeding 250 hectares.
For 25 years, renewable for another 25 years, subject to the terms and conditions of the lease and other existing fishery laws.
The spouse and/or children who are qualified have preemptive rights to the unexpired term, provided they file a fishpond application within 90 days from the lessee’s death and under the same terms and conditions.
Examples include: sketch plan (4 copies) with technical description; DENR certification that the area is available for fishpond development; if within A&D land, DENR/LMB comment with no objection; corporate documents (if juridical entity); proof of initial capital deposit (P10,000 per hectare or fraction); affidavit that deposited capital will be used exclusively for development.
On the date and time the original application is actually received by the BFAR or its Regional Office where the area is located; incomplete initial requirements are not processed.
The first applicant has the right of preference.
The occupant has the right of preference, provided the occupant is qualified; if the occupant is qualified, the Director advises the occupant to file within 30 days; if not qualified or fails/refuses, the occupant must vacate.
Key requirements include: approved survey plan (12 copies); duly accomplished lease contract form acknowledged before a Notary; BFAR Regional Director and Regional Trial Court certifications (no pending admin/judicial cases); payment of cash bond deposit and initial rental; BFAR certification that the area is not subleased; and DENR Environmental Compliance Certificate.
Improvements must be introduced within 180 days from lease issuance; area must be developed and producing on a commercial scale within 3 years from approval; areas not fully producing within 5 years automatically revert to the public domain for reforestation.
The lessee is prohibited from subleasing all or any portion of the leased area through any arrangement that partakes the nature of a sub-lease.
Includes: violation of fishery laws and applicable laws; death (subject to heirs’ rights); dissolution; fraudulent statements; failure to submit yearly reports; failure to pay rentals and surcharges for 2 consecutive years; using the area for purposes other than fishpond development; failure to comply with rules/terms; subleasing; acquiring foreign citizenship during the existence of the FLA; and failure to provide pollution-minimizing facilities.
Illegally occupying or introducing improvements without a lease results in forfeiture of improvements in favor of government and immediate vacation; if the occupant is an applicant, charges are double ordinary rentals; refusal to pay charges leads to prosecution, and upon conviction the penalty is a fine of P5,000 or imprisonment from 6 months to 4 years, or both.