Law Summary
I. Introduction
This Order promulgates the revised rules and regulations governing the lease of public lands for fishpond and mangrove-friendly aquaculture, pursuant to relevant provisions of the 1987 Constitution, Republic Act 8550, and other applicable laws.
II. Definitions
- Abandoned Fishpond: Public land released for fishpond development without occupation or operational activity by the lessee.
- Aquasilviculture Stewardship Contract (ASC): Agreement for mangrove-friendly aquaculture between the Secretary and qualified fisherfolk cooperatives/associations or MSMEs.
- Fishpond Lease Agreement (FLA): Contract between the Secretary and qualified applicants for the use of developed public fishpond areas.
- Developed Fishpond: Public land enclosed by dikes with functional water control structures.
Key Definitions:
- Bureau: Bureau of Fisheries and Aquatic Resources (BFAR).
- Mangrove-Friendly Aquaculture: Aquaculture methods that minimize adverse impacts on mangrove environments.
III. Permits, Contracts, and Leases
A. Use of Areas for Fishpond Development
- No occupation or use without a permit, contract, or lease.
B. Types of Agreements
- Gratuitous Permit: For scientific or educational purposes, valid for 5 years, renewable.
- Aquaculture Stewardship Contract (ASC): For mangrove-friendly aquaculture, valid for 10 years, renewable.
- Fishpond Lease Agreement (FLA): For developed fishponds, valid for 25 years, renewable for up to 50 years.
Key Requirements:
- Areas for ASC: Up to 50 hectares for cooperatives/MSMEs; up to 25 hectares for individuals.
- Application must be filed with the appropriate Regional Office.
IV. Application Process
A. Filing Requirements
- Initial Application: Must include a sketch plan, proof of financial capability, and compliance with cooperative requirements.
- Final Requirements: Survey plan, notarized FLA/ASC, environmental compliance certificate, and payment of fees.
Important Deadlines:
- Application fee: PHP 2,000.
- Applications not filed correctly will be rejected.
V. Fees, Rentals, and Bonds
A. Annual Rentals
- Progressive rental rates starting at PHP 1,000 per hectare in the first year, increasing over time.
- Rentals due annually by the end of February.
B. Cash Bond Deposit
- Required as a guarantee of compliance: PHP 500 per hectare.
- Bond may be forfeited for non-compliance and is refundable under certain conditions.
VI. Terms and Conditions of ASC or FLA
- Must utilize areas exclusively for aquaculture as specified.
- Failure to develop areas may lead to cancellation.
- Annual reporting of production and operations required.
VII. Cancellation of ASC or FLA
Grounds for Cancellation:
- Violations of laws or regulations.
- Non-payment of fees for two consecutive years.
- Subleasing or unauthorized improvements.
Procedure:
- Notice of violation issued; the holder has ten days to respond.
- Cancellation cases handled by designated Hearing Officer.
VIII. Final Provisions
A. Administrative Actions
- Secretary may take necessary actions to enforce this Order.
- Claims or protests must be filed within 30 days of knowledge.
B. Repeal of Previous Orders
- Previous Fisheries Administrative Orders are repealed or modified.
Key Takeaways
- The Order establishes comprehensive guidelines for leasing public lands for aquaculture, emphasizing environmental protection and community involvement.
- Clear definitions and structured processes aim to facilitate compliance and sustainable practices in aquaculture.
- The application and renewal processes involve specific documentation and adherence to timelines, with penalties for violations clearly outlined.