FAO 197-1 s. 2012.Administratives order

laws

1. FISHERIES ADMINISTRATIVE ORDER NO. 197-1 : Series of 2012 Mr. Virgilio S. Garcia Chief, Fishpond Lease Section BFAR-9, Zamboanga City

2. FAO 197-1: s. 2000 SUBJECT: Rules and Regulations governing the lease of public lands for fishpond development. Pursuant to the provisions of Sections 3, 6, 12, 13, 45, 46, 50, 55, 57, 65, and 107 of Republic Act 8550, otherwise known as the Philippine Fisheries Code of 1998, and Section 4 of Republic Act No. 7881, the following rules and regulations governing the lease of public lands for fishpond development purposes are hereby promulgated.

3. FAO 197-1: s. 2012 SUBJECT: Revised rules and regulations governing the lease of public lands for fishpond and mangrove-friendly aquaculture Pursuant to Section 16, Article II of the 1987 Constitution, Sections 3, 6, 12, 13, 45, 46, 50, 55, 57, 65, 103 (b) and 107 of Republic Act 8550, Republic Act 8289 as amended by Republic Act 9501 and Executive Order 26 series of 2011, the following rules and regulations governing the lease of public lands for fishpond and mangrove-friendly aquaculture are hereby promulgated for the guidance of all concerned:

4. New terminologies (Sec. 1) Abandoned fishpond No occupation, possession/operations No report to BFAR after 6 mos. & 10 days after lease issuance Sub-leasing Absence of a clear indication of aquaculture operations Aquasilviculture Stewarship Contract (ASC) Contract issued by DA Sec., to fisherfolk groups, MSMEs to use released fishpond areas for mangrove aqua-friendly aquaculture

5. Terms compared (Sec. 2, 3, 4 & 6)

6. Persons who may apply (Sec.5)

7. General conditions of permits (Sec. 7) Previously in FAO 60, omitted in FAO 197 Must be communicated to all applicants Sec. 7 FAO 197-1 Power of Congress Permittee shall comply with the laws, rules & regl . Legal status of land No title acquired Adjudication of area & damage Statements in application as part of the conditions of the permit contract or lease

8. General conditions of permits (Sec. 7) Sec. 7 FAO 197-1 Surface right Exclusive privilege Free access to area Free navigation Rentals Disposition of improvements (Draft guidelines for comments) No right to claim for reimbursements over introduced improvements Upon expiration or cancellation, all improvements becomes govt., property

9. Form and contents of application (Sec. 8) Old form to be used for FLA New FLA/ASC application form Place of filing (Sec. 9 & 11) Regional or Provincial Filing at Provincial or Regional Office

10. Application fee (Sec. 10) Php . 2,000.00 FLA or ASC Complete set of initial requirements Same with FAO 197, s. 2000 Outright rejection and not considered filed (incomplete requirements) Recording of applications (Sec. 12) All accepted applications for ASC or FLA shall be given serial numbers and shall be duly recorded in the registry book provided for the purpose

11. Priority right of application (Sec. 13) “First come, first serve” basis Qualified applicants Complete set of initial requirements (Sec. 11) Preference to bona fide Fisherfolk groups & MSMEs Over Cancelled/terminated FLAs/ASCs Over 50 yr old cancelled FLAs (Sec. 4, FAO 197 s. 2000) Raffle scheme (Regional Office) Two or more applicants, same area, same date Provided: Qualified + complete set of initial requirements

12. Initial set of requirements (Sec. 14) Basically same with FAO 197 Four copies sketch plan derived from LC Map of DENR Articles of incorporation from SEC (corporation); Certificate of bank deposit: Php . 5,000/ha or fraction Before Php 10, 000 Affidavit: Initial capital investment for fishpond devt .

13. Initial set of requirements (Sec. 14) New items Notarized affidavit: adherence to Good Aquaculture Practices (see appendix FAO 197-1, s. 2012) For Fisherfolk / MSMEs See Sec. 5 A (a) and A (b) 50 % of members/workers registered voters in the locality; MFARMC endorsement; One year of existence (fisher groups) OR audited FS (MSMEs); and Financial management sytems in place Willing to undergo training on mangrove-friendly aqua.

14. Filing applications for GP (Sec. 15) Project profile General & specific objectives of the project; Methodology of project implementation; Sketch plan of the area

15. Final set of requirements (Sec. 16) Basically the same with FAO 197, s. 2000 12 copies Approved survey plan; Notarized FLA/ASC contract; Certifications from RTC & BFAR; Payment of initial rent + cash bond; DENR ECC or CNC; and Updated SSS payments (if applicable)

16. Requirements for Renewal FLA/ASC (Sec. 17) Not specified under FAO 197, s. 2000 Application fee Php . 2, 000; Updated rental + cash bond; Court certification; Photocopy of approved survey plan; Inspection w/ recommendation by the RD Adherence to GAP; No unpaid rentals No admin. Case New survey plan (if any changes)

17. Conditions on transfer (Sec. 18) Other conditions specified same with FAO 197, s. 2000

18. Requirements on transfer (Sec. 19) Covers FLA and ASC Same with FAO 197, s. 2000.. PLUS the ff : Application fee Php . 2, 000 (increase from Php . 1,000) Cash bond Php . 500 / ha or fraction (increase from Php . 100) Affidavit: Good Aquaculture Practices (appendix FAO 197-1) Prior written approval from the DA Sec Letter (F) Sec. 13 FAO 197, s. 2000

19. Grounds for rejection of application (Sec. 20) Same with FAO 197, s. 2000.. PLUS the ff : Incomplete initial requirements Failure to submit requirements under Sec. 16 or 17 (new/renewal) or Sec 18 & 19 (transfer) within 6 months from receipt of Notice of Compliance. Provided nature of non-compliance is due to inaction or delay of concerned govt. agencies

20. Rentals (Sec. 21) Annual rent for FLA 2012- Php . 1, 000/ha or fraction 2013- Php . 1, 000/ ha or fraction 2014- Php . 1, 100/ha or fraction 2015- Php . 1, 200/ha or fraction 2016- Php . 1,300/ha or fraction 2017- Php . 1,400/ha or fraction 2018 – onward -1,500/ha or fraction Annual rent for ASC Php . 500/ha or fraction

21. Surcharges & Discount (Sec. 23) Last payment w/o surcharge: Last working day of February of each year Surcharge rate 10 % Discount: if due rent for the following year is paid on or before Dec. 31 of the current year

22. Terms & Conditions (Sec. 26)

23. Terms & Conditions (Sec. 26) For FLA, full development of the entire area, 5 yrs after issuance Required annual production levels (FLA) 2013 = 1,000 kg/ha or its equivalent; 100 kg increase/year until it reaches 1, 500 kg by year 2018. Evaluation for under-utilization to be undertaken 6 yrs (2018) after issuance of FLA For ASC, full utilization of the area 5 yrs after issuance, producing at 1, 000 kg/ha/ yr

24. Terms & Conditions (Sec. 26)

25. Terms & Conditions (Sec. 26)

26. Legal basis of ASC RA 8550 SEC. 45. Disposition of Public Lands for Fishery Purposes. FLA may be issued for public lands that may be declared available for fishpond development primarily to qualified fisherfolk cooperatives/associations: Provided, however, That upon the expiration of existing FLAs the current lessees shall be given priority and be entitled to an extension of twenty-five (25) years in the utilization of their respective leased areas. There after, such FLAs shall be granted to any Filipino citizen with preference, primarily to qualified fisherfolk cooperatives/associations as well as small and medium enterprises as defined under Republic Act No. 8289. That the Department shall declare as reservation, portions of available public lands certified as suitable for fishpond purposes for fish sanctuary, conservation, and ecological purposes.

27. RA 8550 (Implementing Rules & Regulations) Rule 49.2 Identification of Abandoned, Undeveloped, Underutilized Fishponds. – The Department, through BFAR, shall within one (1) year from the effectivity of this IRR, review and update fishpond surveys and identify abandoned, undeveloped or underutilized fishpond which, after due process, can be given to qualified persons OR reverted to forest lands.

28. RA 8550 (Implementing Rules & Regulations) SEC. 49. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds . Rule 49.1 Joint Guidelines. The Department, through BFAR and the DENR, shall be guided in the implementation of this Section by the Joint DA- DENR General Memorandum Order No. 3, Series of 1991, which shall be reviewed and revised accordingly within six (6) months from the effectivity of this Legal basis of ASC Note: The Sept 17, 2011 talks created a TWG to review the DA-DENR G.M.O No. 3 , subsequently managed to draft a Joint A.O. A Write-shop consultation conducted on Oct 10-11, 2011, produced a draft but was rejected by DENR/NGO representatives on May 5, 2012 and alternatively proposed separate FAO (cancellation) and DAO (reversion). BFAR,was not present in the May 5, 2012 meeting

29. Persons who may apply for ASC Fisherfolk coop/associations (reg. under PHL laws) At least 50% of members are registered voters of the municipality where the area is being applied for is located; Endorsed by the M-FARMC; Financial capability and existing financial mngt . System; Existing for at least 1 (one) year; Willing to undergo training on mangrove-friendly aqua OR already engage in it. ASC Regulation

30. Persons who may apply for ASC Fishery-based MSMEs (reg. under PHL laws) The principal or proprietor and at least 50 % of the paid workers are registered voters of the province; Duly audited and notarized financial statement; and Endorsed by the M-FARMC IN THE ABSENCE OF FISHERY COOP/MSMEs Filipino individual, at least 21 yrs old; Registered voter in the area where the area being applied for is located Endorsed by the M-FARMC Willing to undergo training on mang .-friendly aqua ASC Regulation

31. Area that may be granted Not exceeding 50 has., DA Sec., discretion to increase the area Public interest Financial capacity Importance of the project/industry Period of Contract 10 years; renewable for another 10 yrs ASC Regulation

32. Suitable areas for ASC New applications on un-touched released areas 110 k has. released under DENR-BFD AOs but only 59 K has. issued w/ FLAs Cancelled or terminated FLAs Depending on the actual physical status of the area Segregation of fully developed portion Final recommendation to the DA Secretary for the area to be made available for ASC /FLA will be done by the CO ASC Regulation

33. MUCHAS GRACIAS A TODOS!