Legal basis and related issuances
- The Order is issued pursuant to Proclamation No. 2146, which proclaims certain environmentally critical areas and types of projects under the Environmental Impact Statement (EIS) System.
- The Order is issued pursuant to Presidential Decree No. 1586, which established the EIS System.
- The Order is further issued under DENR Administrative Order No. 15 (1990), which governs regulations for the utilization, development, and other related projects.
- The Order applies and cross-references the EIS system’s compliance requirements and related implementing rules, including Section 5 (a) Article 5 of the Rules and Regulations implementing PD 1586 for penalty treatment of certain existing projects.
Policy and objectives
- The government adopts a policy to promote the mutually productive and long-term coexistence of aquaculture in ponds and natural fisheries.
- The government adopts a policy to minimize environmental degradation of the mangrove and nearshore ecosystem.
- The Order requires proper protective measures to address environmental problems resulting from fishpond development projects that are environmentally critical as defined in Proclamation No. 2146.
Key definitions and terms
- “Alienable or disposable lands” refers to lands of the public domain classified as not needed for forest purposes and available for titling or lease by the government.
- “Environmental impact statement (EIS)” refers to documentation of an environmental impact assessment (EIA) study, including direct and indirect consequences upon human welfare and ecological and environmental integrity.
- “Environmental compliance certificate (ECC)” is a permit issued by the President of the Philippines or his duly authorized representative certifying that new fishpond development will not bring about unacceptable environmental impact and that the proponent has complied with EIS system requirements.
- “Environmental clearance” is a document issued by the DENR Regional Executive Director certifying that existing fishponds conform with environmental standards and are not adversely affecting the environment.
- “Fishpond development projects” include aquaculture activities within the mangrove ecosystem, including prawn and shrimp culture, seaweed farming, and oyster, mussel and clam culture, plus other fishpond production activities.
- “Fishpond development projects” also include salt beds involving clearing and diking in mangrove areas, and fishponds converted to salt beds.
- “Fishpond lease agreement (FLA)” is a privilege granted by the State to occupy and possess public lands in consideration of specified rental for raising fish and other aquatic life within fishponds.
- “Mangrove” is forest occurring on tidal flats along the sea coast and along streams where water is brackish.
- “Project description” is a document submitted by the project proponent describing the project in detail in substantial conformity with Annex A.
- “EIA scoping guidelines” are guidelines in Annex B to be conformed to and submitted by the proponent, describing the proposed fishpond development project, its environmental impact, and mitigating measures.
Coverage: who must comply
- The Order covers all existing fishponds.
- The Order covers new fishpond development projects.
- Coverage applies regardless of area.
- Covered projects may be situated in alienable or disposable lands or in mangrove forest lands that have been zonified as suited for such activity.
Application and ECC issuance procedures
- Existing fishpond operators and other aquaculture farms must apply for Environmental Clearance (EC) if they have not secured an ECC prior to implementation.
- Operators of existing fishponds and aquaculture farms with an area of one hectare and above must follow the EC application process under Section 4.
- Existing operators are exempted from penalty or fine under Section 5 (a) Article 5 of the Rules and Regulations implementing PD 1586, provided they submit their EC application within six (6) months from the date of this Order.
- New fishpond development projects must undergo the EIS System and must secure a corresponding ECC.
- ECC applications up to one (1) hectare are processed at the DENR regional office, where the DENR Regional Executive Director is authorized to issue or deny the ECC.
- ECC applications more than one (1) hectare must be submitted to the DENR regional offices for preliminary evaluation and ocular inspection before endorsement to the Environmental Management Bureau (EMB) for further evaluation and processing.
- For projects more than one (1) hectare, the regional office must endorse its initial evaluation/recommendation and ocular inspection report verifying the environmental impact and mitigating measures, and the EMB director is authorized to issue or deny the ECC.
- DENR regional offices must submit quarterly reports to EMB covering all issuances of Environmental Clearance and Environmental Compliance Certificate.
Coordination and monitoring requirements
- DENR regional offices must coordinate with and request local executives (mayors and governors) and heads of other concerned government offices in their regions.
- The coordination directs local and other concerned offices not to issue permits or clearances to new fishpond projects after issuance of the Order unless the project complies with ECC requirements from EMB-DENR.
- The DENR, through the EMB, must conduct regular monitoring of environmental impacts of all existing and new fishponds.
- Monitoring must be conducted one year after the issuance of the ECC, and yearly thereafter, as provided in the EIS System.
Penalties and sanctions
- Section 7 provides that violations of any provisions of the Order are penalized in accordance with applicable laws, rules and regulations.
Effectivity rule
- The Order takes effect immediately under Section 8.