Joint Administrative Order on Aquaculture Dev

Legal basis and related statutes

The Joint Administrative Order is issued pursuant to Section 16, Local Government Code of 1991 (Republic Act No. 7160) and its implementing framework for coordination and local enforcement.
It is issued pursuant to National Integrated Protected Areas System Act of 1992 (Republic Act No. 7586).
It is issued pursuant to Philippine Fisheries Code of 1998 (Republic Act No. 8550).
It is issued pursuant to Wildlife Resources Conservation and Protection Act of 2001 (Republic Act No. 9147).
It is issued pursuant to Philippine Forestry Code (Presidential Decree No. 705, as amended).
It is issued pursuant to the Environmental Impact Statement (EIS) System (Presidential Decree No. 1586).
It is issued pursuant to Ecological Solid Waste Management Act of 2000 (Republic Act No. 9003).
It is issued pursuant to Philippine Clean Water Act of 2004 (Republic Act No. 9275).
It is issued pursuant to Executive Order 292 (Administrative Code of 1987).

Policy purpose and interagency collaboration

The DA, DENR, and DILG coordinate efforts, harmonize policies, and cooperate at the operational level to adopt an integrated and coordinated approach to aquaculture development in order to mitigate environmental impacts (Section 1).
The DA, DENR, and DILG, together with the League of Municipalities/League of Cities of the Philippines (LMP/LCP), fulfill the collaboration through consultations and workable referral systems (Section 2).

Key definitions for aquaculture implementation

“Aquatic Pollution” means the introduction by human or machine, directly or indirectly, of substances or energy to the aquatic environment causing or likely to cause deleterious effects that harm living and non-living aquatic resources, pose hazards to human health, hinder aquatic activities like fishing and navigation, including dumping/disposal of waste and marine litters, discharge of petroleum or residual products of petroleum, carbonaceous materials/substances, and radioactive, noxious, or harmful liquid, gaseous, or solid substances from any water, land, or air transport or other human-made structure; it also includes deforestation, unsound agricultural practices such as the use of banned chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland conversion and similar hazards and deleterious effects (Section 3(a)).
“Invasive Alien Species (IAS)” are species introduced deliberately or unintentionally outside their natural habitat that can establish themselves, invade, outcompete natives and endemic species, and take over new environments (Section 3(b)).
“Genetically Modified Organism (GMO)” refers to an organism whose genes are related to produce desired characteristics and be propagated for experimental purposes (Section 3(c)).
“Fish Kill” is any unusual and noticeable increase of mortality due to infectious or non-infectious causes in wild or captive fish or shellfish populations (Section 3(d)).
“Fishpond Lease Agreement (FLA) areas” are mangrove forest lands and other swamps released to DA/BFAR by DENR for fishpond purposes (Section 3(e)).
“Fishpond Lease Agreement (FLA)” is an agreement entered into by the Secretary of Agriculture (DA) and a qualified fishpond applicant for use of public land for fishpond development purposes for twenty five (25) years (Section 3(f)).
“Undeveloped Fishpond area” is an area not enclosed by dikes; or enclosed by dikes without functional water control structures; or enclosed by dikes with functional water control structures but the water level required for commercial-scale production cannot be maintained by high tides or pumping; or a larger area enclosed with a simple perimeter dike not subdivided; it may or may not be vegetated with mangrove species; and it is not producing on a commercial scale (Section 3(g)).

Aquaculture code of practice requirements

The Code of Practice for Aquaculture under Fisheries Administrative Order No. 214-2001 is adopted for implementation/enforcement by DENR and DILG in their respective jurisdictions, subject to existing rules and regulations, as the general principles and guidelines for environmentally sound design and operation for sustainable aquaculture development (Section 4).
Waters must be maintained in a safe and satisfactory condition in accordance with water quality criteria for freshwater, coastal, and marine waters defined under DENR Administrative Order No. 34-1990; DA and DILG must enforce this strictly within their jurisdictions (Section 5).
Effluents, sediments, and other wastes must be properly disposed through wastewater treatment and settling ponds (Section 6(a)).
Outfalls must be designed so that no significant impact of effluents occurs on natural waters beyond the mixing zone (Section 6(b)).
Sediment from ponds, canals, or settling basins must be put back into the area from which it was eroded, used as earth fill, or disposed of through another environmentally responsible way (Section 6(c)).
Discharged water must meet water quality standards under DENR Administrative Order No. 35-90 on Revised Effluent Regulations of 1990 (Section 6(d)).
The introduction of aquatic exotic, IAS, and GMOs must be preceded by sound ecological, biological, and environmental justification based on scientific studies and must comply with biosafety standards including quarantine under existing laws and regulations (Section 7).
DA/BFAR, in consultation with stakeholders and together with DENR, must develop a national management strategy on the introduction of aquatic exotic, IAS, and GMOs to mitigate ecosystem impacts in consonance with DA AO No. 8-2002 on importation and release of plants and plant products derived from modern biotechnology (Section 7).
Imported live commodities must be subjected to Import Risk Analysis (IRA) by the concerned agencies (Section 7).
Aquaculture feed efficiency and feed management practices embodied in FAO 214-2001 must be adopted and strictly followed to reduce waste entering ponds, lakes, and culture areas (Section 8).
DA/BFAR must assist the Bureau of Animal Industry (BAI) in monitoring aquafeeds and in registration, evaluation, investigation, and inspection of establishments engaged in manufacture, distribution, and sale of aquatic animal feeds and drugs under a Memorandum of Agreement (Section 8).
Accreditation and certification of bona fide aqua-feed millers must be instituted by DA/BFAR (Section 8).
Manufacturers found to have produced, supplied, sold, or disposed of substandard feeds for aquaculture use must be conditionally banned until compliance with aquafeed standardization is achieved (Section 8).
DILG must assist DA/BFAR in implementing the measures through consideration in the renewal of FLAs and permits for marine culture structures and aquaculture operations (Section 8).
Carrying capacity determination for lakes and other bodies of water must be based on physico-chemical and biological studies to determine plankton/algae density, nutrients, transparency, fish biomass, and composition (Section 9(a)).
Carrying capacity of fish pens and cages must be based on physico-chemical and biological productivity measured in biomass (gm/m²) and nutrient uptake (gmC/m²) (Section 9(b)).
Primary productivity for inland water supporting the good growth of plantivorous species like tilapia, carp, and milkfish must be less than 10gmC/m² (Section 9(c)).
Standard carrying capacity models for coastal/marine aquaculture operations must be established jointly by BFAR and DENR with assistance of the academe (Section 9(d)).
Carrying capacity determinations must be undertaken jointly by a composite team composed of DA/BFAR, DENR, and DILG within their respective jurisdictions (Section 9).

Aquatic pollution controls and enforcement duties

No person must throw, run, drain, or otherwise dispose into any water, or cause, permit, suffer, allow to be thrown, run, drained, or otherwise disposed into waters, any organic or inorganic matter or any substance in gaseous or liquid form that causes pollution of waters, land, or atmospheric air as under Section 9 of Republic Act No. 3931 of 1964 (Section 10).
Discharging or depositing material directly or indirectly into water bodies, or along margins of surface water where it is likely washed into surface water by tide action, storm, floods, or otherwise, must be dealt with under Republic Act No. 9275 (Clean Water Act) and Republic Act No. 8550 (Fisheries Code) (Section 10).
LGUs must implement and enforce waste segregation and collection within their jurisdiction: biodegradable, compostable, and reusable wastes at the barangay level, and collection of non-recyclable materials and special wastes by the municipality or city concerned in accordance with Republic Act No. 9003 (Section 10).
DENR and DA/BFAR must assist the concerned LGU in implementing the waste segregation and collection provisions (Section 10).
Aquatic pollution cases must be addressed by the Joint Quick Response Team created under DA-DENR Joint Memorandum Order No. 1, series of 2000 and Joint DA-DENR Special Order No. 259-2004, and the team must identify focal units for oversight functions (Section 11).
The Joint Quick Response Team must be strengthened/reconstituted under Article VII, Section 15 to include DILG, LMP/LCP or the LGU concerned, and FARMC representatives (Section 11).

Environmental impact assessment procedures and monitoring

The proponent must be responsible for conducting the Environmental Impact Assessment (EIA), with assistance from DA/BFAR for fisheries-related activities (Section 12).
The proponent must ensure public participation through public hearings and dissemination of information pertinent to the project, in consultation and coordination with the respective Municipal FARMCs, in coordination with the concerned LGU (Section 12).
A project development plan for any proposed aquaculture establishment within LGU jurisdictions must be submitted to and reviewed by BFAR Regional Offices (Section 12).
Operators must submit compulsory self-monitoring reports on a regular basis for validation by the concerned agencies (Section 12).
DENR must issue an Environmental Compliance Certificate (ECC) consistent with DENR Administrative Order No. 2003-30 and existing rules and regulations (Section 12).
Where development areas preclude establishment of a Manculture Park or Aquaculture Zones, a Programmatic EIA may be considered for approval upon a satisfactory survey/monitoring report from the LGU concurred by BFAR (Section 12).
Proponents of fishery or aquaculture projects under Group 1 category or considered Environmentally Critical Projects (ECP) must prepare and submit an Environmental Impact Statement (EIS) to the EMB Central Office under DAO No. 96-37 (Section 12).
Proponents of fishery or aquaculture projects under Group II category or for Environmentally Critical Areas (ECAS) must prepare and submit an Initial Environmental Examination (IEE) or a Project Description to the concerned regional office of the Environmental Management Bureau (Section 12).
A multi-partite monitoring team (MMT) may be formed if required in the ECC to monitor compliance by the proponent (Section 13).
The MMT must be composed of DENR, DA/BFAR, the LGU concerned, FARMC, and/or other stakeholders, including but not limited to the academe (Section 13).
The DENR/Regional Office with the project proponent must initiate MMT formation to provide general oversight over ECC requirements (Section 13).

Fishpond lease agreements and interagency working groups

An inter-agency technical working group is created to be headed by DA/BFAR and composed of DENR and DILG representatives and National Fisheries and Aquatic Resources Management Councils (NFARMC) and/or other interested parties including NGOs, LGU Leagues, and academe (Section 14).
This technical working group must identify sources of pollution in aquaculture areas covered by FLAs affected by pollution (Section 14).
It must identify FLA areas flooded due to natural calamities and/or global climate change and recommend measures to mitigate impacts, or determine best beneficial use of the area (Section 14).
A separate inter-agency technical working group is created and chaired by DENR, with members from DA/BFAR, LGUs concerned, and FARMCs, to identify FLA areas abandoned for five (5) years from the date of approval of the lease contract (Section 14).
Upon proper notice to the respective lease holders, abandoned FLA areas must automatically revert to the mass of the public domain for eventual reforestation under DENR administration (Section 14).
The technical working group must develop and prepare guidelines for versions of identified abandoned, underutilized, and undeveloped areas covered by FLAs that can be reverted to their original mangrove state (Section 14).
All steps necessary to restore such areas to their original mangrove state must be undertaken (Section 14).

Quick response teams, department roles, protected areas

The Joint Quick Response Team composed of DA/BFAR and DENR must be reconstituted and strengthened to include DILG, LMP/LCP or the LGU concerned, and FARMC representatives (Section 15).
The DA/BFAR must head the strengthened team to address aquatic pollution cases (Section 15).
The DA/BFAR-headed team must identify focal units to perform oversight, coordinate with counterparts, and initiate formulation of a manual of operations to guide investigation and monitoring of aquatic pollution (Section 15).
The team must coordinate closely with the Philippine Coast Guard (PCG) and the Philippine National Police (PNP) Maritime Group (Section 15).
The DA/BFAR must disseminate information to ensure safe and satisfactory condition of waters in aquaculture areas and develop awareness mechanisms for proper waste management, including used fish pens, cages, and other fishery structures (Section 16(1)(a)).
The DA/BFAR must convene the inter-agency group for guidelines on proper disposal of fishery structures and paraphernalia (Section 16(1)(b)).
The DA/BFAR must conduct spot inspections of FLA areas for proper feeding management and recommend mitigating measures (Section 16(1)(c)).
The DA/BFAR must convene the inter-agency TWG under Article VI, Section 14 to identify FLA areas released to the DA/BFAR (Section 16(1)(d)).
The DA/BFAR, together with concerned LGU, DENR, and FARMC, must identify constructions/structures obstructing free navigation in streams, rivers, lakes, bays, and other water bodies and recommend measures pursuant to FAO 216-2001 (Section 16(1)(e)).
The DA/BFAR must subject all imported aquatic species to quarantine, import risk analysis, and pilot farming, and must coordinate with Bureau of Customs for aquatic exotic and IAS entering the country while ensuring appropriate study and biosafety standards (Section 16(1)(f)).
The DA/BFAR must develop and implement, collaboratively with DENR and DILG, a national management strategy on introduction of aquatic exotic, IAS, and GMOs (Section 16(1)(g)).
The DA/BFAR, together with concerned LGU, DENR, and FARMC, must identify obstructions in migratory paths (river mouths and estuaries) and recommend dismantling to DILG and other appropriate measures pursuant to FAO No. 217-2001 (Section 16(1)(h)).
The DA/BFAR must lead strengthening of the Quick Response Team with DENR, expand composition to include DILG, FARMC, LMP/LCP, and/or concerned LGU, and initiate preparation of a manual for investigation and monitoring of aquatic pollution in regions (Section 16(1)(i)).
The DA/BFAR must enforce Republic Act No. 8550 and Sections 1-10 of FAO No. 214-2001 on the Code of Practice for Aquaculture and any amendments (Section 16(1)(j)).
The DA/BFAR must coordinate with DENR on guidelines for re-use of wastewater for irrigation and other agricultural uses and on prevention, control, and abatement of pollution from agricultural and aquaculture activities; it must also categorize and define discharges coming from non-point sources pursuant to Section 22(c), Chapter 3 of Republic Act No. 9275 and must be primarily responsible for prevention and control of water pollution for development, management, and conservation of fisheries and aquatic resources (Section 16(1)(k) and Section 16(1)(l)).
The DA/BFAR must jointly develop guidelines with DENR for management of aquaculture in protected areas (Section 16(1)(m)).
DENR must assist DA/BFAR in dissemination of information to ensure safe and satisfactory waters and necessary waste management in aquaculture areas (Section 16(2)(a)).
DENR must actively participate in the inter-agency group for guidelines on proper disposal of fishery structures and paraphernalia (Section 16(2)(b)).
DENR must actively participate, at the national level, in the inter-agency TWG identifying FLA areas released by DENR to DA/BFAR together with DILG, LMP/LCP or LGU concerned, and FARMC (Section 16(2)(c)).
DENR must assist DA/BFAR, together with concerned LGU and FARMC, in identifying constructions/structures obstructing free navigation and recommend measures in accordance with FAO No. 216-2001 (Section 16(2)(d)).
DENR must develop and implement a national management strategy collaboratively with DA and DILG on aquatic exotic, IAS, and GMOs (Section 16(2)(e)).
DENR must help identify obstructions in defined migratory paths and recommend measures in accordance with FAO No. 217-2001 (Section 16(2)(f)).
DENR must actively participate in expansion and strengthening of the Quick Response Team with DA/BFAR and initiate the preparation of a manual for regional investigation and monitoring of aquatic pollution (Section 16(2)(g)).
DENR must enforce Republic Act No. 7586 (NIPAS Act) and Republic Act No. 9275 (Clean Water Act) and other pollution laws insofar as environment and natural resources are concerned, including FAO 214-2001 (Section 16(2)(h)).
DENR must jointly develop guidelines with DA/BFAR for management of aquaculture in protected areas (Section 16(2)(i)).
DILG must assist DA/BFAR in dissemination of information for safe and satisfactory waters and waste management in aquaculture areas (Section 16(3)(a)).
DILG must actively participate in the inter-agency group for guidelines on proper disposal of fishery structures and paraphernalia (Section 16(3)(b)).
DILG must actively participate, together with DENR, LMP/LCP or LGU concerned, and NFARMC, in the inter-agency TWG identifying FLA areas released by DENR to DA/BFAR (Section 16(3)(c)).
DILG must assist in identifying constructions/structures that obstruct free navigation in streams, rivers, lakes, and bays and recommend measures under FAO No. 216-2001 (Section 16(3)(d)).
DILG must assist DA/BFAR and DENR in close coordination with PNP in identifying obstructions in migratory aquatic species paths (river mouths and estuaries) and recommend measures pursuant to FAO No. 217-2001 (Section 16(3)(e)).
DILG must encourage LGUs to pass resolutions or ordinances adopting FAO 214-218-2001 on Code of Practice on Aquaculture, on obstruction to navigation in water bodies, on defined migration paths, and submission of yearly reports on aquaculture projects for implementation/enforcement in municipalities and cities (Section 16(3)(f)).
DILG must direct LGUs to enforce Republic Act No. 7160 (Local Government Code) for fisheries, environment, and natural resources within municipal waters (Section 16(3)(g)).
DILG must encourage LGUs to pass ordinances to prohibit anyone from throwing, running, draining, or otherwise disposing into waters any organic or inorganic matter or substance in gaseous or liquid form causing pollution, consistent with Section 9 of Republic Act No. 3931 of 1964 creating the National Water and Air Pollution Control Commission now Environmental Management Bureau (Section 16(3)(h)).
DILG must assist DA/BFAR and DENR to develop, disseminate, and implement a national management strategy on aquatic exotic, IAS, and GMOs (Section 16(3)(i)).

Protected areas management and integrated governance

Management of lakes and other bodies of water within protected areas is under the jurisdiction of the concerned Protected Areas Management Board (PAMB) (Section 14).
In protected areas with existing fish structures (e.g., Taal Lake, Lake Sebu, and similar), concerned LMP/LCP or LGUs must assist PAMB, in close coordination with DILG, PNP Maritime Group, Philippine Coast Guard, and FARMC, in dismantling structures that obstruct navigation, impede natural tidal flow, and/or cause pollution (Section 14).
FARMCs must integrate into an ecosystem-based management body comprising the lakeshore and riverine system traversing municipal/city boundaries, known as the Integrated FARMC (IFARMC) (Section 14).
DA/BFAR and DENR must jointly develop guidelines for aquaculture management in protected areas in collaboration with IFARMCs (Section 14).

Common obligations and amendments

Departments authorizing or involved in planning or implementing projects or programs that may cause pollution, climatic change, depletion of non-renewable resources, loss of cropland, rangeland or forest covers, or extinction of animal and plant species must consult LGUs, NGOs, and other sectors concerned and explain goals and objectives, impacts on the community in terms of environmental/ecological balance, and measures to prevent, minimize, and mitigate adverse effects (Section 15).
Amendments to this Joint Administrative Order must be promulgated jointly by and in consultation among the three departments (Section 11).
All existing administrative orders, rules, regulations, and guidelines consistent with this Joint Administrative Order are repealed or amended accordingly (Section 12).