Fisheries Administrative Order No. 125 of 1979 concerning rules and regulations governing conversion of ordinary fishpond permits and ten (10) year fishpond lease agreements into twenty-five (25) year fishpond lease agreements and other related matters

FISHERIES AIMINIST~ATIVE) ORDER. I'D. 125 Series of 1979. ) SU2JECf: RULES !'J'ID~GULATIOUS CDVE;?l-:nlG COr-,VEP.5ION OF ORDINAP.Y FISHPOND PEH:'1ITS AND ill'! (lD) YEt..R FISHFOND LEASE ,c..G?.EE'rENTS INfO TWENTY FIVE US) YEAP. FISI-ITX)~·!f: LEASE AGREB·!ENTS PJID OTht? RELATED 'fj\,ITE?5. In order to encourage and acccl erate the devel.opment of f i shconds all over the count.ry which may only be ensured tfvrough the issuance of long-term leases and in. order to phcse out marginal operators, permi.t tees or lessees "lith no ooe raticns .inasrraich as their holding thereof has proven more to be a burden to them and has net contr i.buted to national development, the following nllcs Gnd re~ulations ~ovenling the conver sion of ordinary fish;;;ondpermits and ten (10)-year fishpond lease agree ments into twenty-five (2S)-yea.l" fisr,pond lease agreements are hereby promulgated pursuant to Sections 7 and 24 of Presidential Decree No. 704: SECTION 1. Definition of Terms.- In ap?lying w~e prOVISIons of this Order, the .....'Ords and tenns herein used shall be cons trued to mean as follows, a. Ordinary fisl1pond penni t - refers to a fishpond penni. t issued by the Bureau of Fisheries and Aqua tic Resources fora period of one (1) year which is: renewable every year thereafter. b. Ten la-year fishpond lease agreement - refers to a fishpon lease agreement e~tered into by and between the Minister of Natural Resources and tile qualified fishoond apnl i.cant for aocri.od of ten (10) years, r e nev.rable thereafter. ' c. (25) -year fishrJond lease 2.9reement FLA. isn[.on ease agreement entered into by and between the ~:inister of Natural Resources and the qualified applicant for a period .of twenty five (25) years, renewable thereafter for a~other twenty: five years. d) Fully-develo~eJ fishDOrul - refers to ~ clean, leveled area enc.Ios ed Hith dikes' a t leas t one foot hip-her than the highest f lood water level in the Iccal i t)' - and strong enough to res i s t water pressure at tT1E- higbe s t flood tide, and consisting at least of a ;lUTSt.Tj ;:-ond, a tran sition pond 1 rt r~aring pond, or a coJTI!)inatiorr of uny or all of said classes of ~onds, and a water control systC::1. 2 SECTICl! 2. Who are entitled to aDfllv conversioj'l five (25) - ear fishwna. lease <l reemcrit? - rose w 0 were issu 0 i nary as pen pennits an ten 10 -year f i shpond lease agreerrents shall apply for thecoversion of the: same intc twenty-five (25) -year f ishpond lease agreements wi thin sixty (60) -iays fram the effec t ivi ty hereof, otherwisc said penni t s arid lease :lrreement" shall be deemed automatic ally tcrminated/cnncrj j ed Pro'fil:~!i) Tbat' those whose fishpond areas are vinvo.lved in jud.i.ci.aI or admin i s tra t ive cases shall apply for con version into twen ty- five (25) -year fishpond Lease agreemerrts , only after said cases shall havE' becn finally d.Lcid~d or terminated in their favor. SECTIO') 3. F:i.ling of aoul i cati.ons . ,- .A;""'"llic2tions for conversion into twenty- five T25; -year fish~ond lease agreement.s shall be filed, in the fonn..nrescribed for th i s purpose by the Burcau of Fisheries and Aqua tic Resources, withche f-isheries ::e~ional Office concerned, together with the a~plication fee in the a~ou;t o~ DvenLy pesos C~20.00) for areas five (5) hectares-and below' and five uesos (E?S.00) ner hectares for areas more t~an five (5) ~ectares or fraction thereof-L~cashpay able to the Director of Fisheries ;.':2':'::: Aouat i c Resources whi.ch shall be duly receipted and shall nOL be r efundab.Ic . SECfION 4. of fishcond arrlications. - The Regional Director shall, within ive 5 days UTIon receipt of the application, secure officially from the ~1t..:.nicipal Courts and Courts of First Instance having jurisdiction over the fishpond areas, certifications whether said areas are involved. in court cases" or not. He shall also certify whether or not said fishoond areas are involved in administrative cases. If the said areas are not involved in any administrative or judicial case, he shall transmit to the Centra l Office of tl-e Bureau of Fisheries and ,Aquatic Resources the application together with the 2S-year Fishpond Lease Agreement with that part corresponding to the Lessee duly acknow ledged before a Notary Public, includins the receipt of.payment therefor, for processing and subsequent recommenuation of the Director of Fishe ries and Aquatic Resources for approval to the Minister of Natural Re sources. If the areas are invol,jcc: in any case, then the Regional '. Director should hold t..'1C app l i.caticn in abeyance and should inform the applicants and the Central Office of the pending cases L':r.1ediately .. SECTION- 5. Terms rm':' condi tiClns of the Fish;:.ooo Lease A~reements. The fishpond lease agreements shall contain, among others, t.! e follow ing terms ~ld conditions: a. The Lessee shall lay on the ground the boundari.es of the Iease-i area wi thin six. (6) months after the issuance 01:. the f i shpond lease ar-reemerrt and to submit the survey p Ian thereof G.~ly a;"\prQved by the Bureau of Lands six (6) months thereaf t er , b. The Lessee shall subini t :J. devcl.oomerit ulan of the fishDOnd, in the form Dre:scribed' bv t..~(; ·Bureau of Fisheries and h::uatic P,~sourc€s; within si,x (6) morrths aftcr the rs suance of tre f i shrond lease <l?reement. 3 c. The Lessee shall update the payrrer.t of the f i shpond rentals for 1979 and prior years at the rate existing previous, to t.he issuance of this Order and star t ing . January) 1980 at the rate nrescribc ~ under ,sectiorls 6 and 7 hereof within six (6) ~or..ths after the issu ance of the fishpond lease a~:reeIT'ent. The rcafcer , annual rentals shall be at ~he ui1ifoM rete prescribed under this Order . Fa i Iurc to pay the annua l rentals on the date the SJ.ll1e arc due shall subject the Lessee to t.l.e corresr>ondiEg surcharge <is provided for in this Order. G. TIle Lessee sl:all introduce ir.w"Covenx;!'.ts in the area within one hundred e i ght.y C! S'O) days f ron the date the lease ::If:-ecment. Has .is sued , e. The: f i.shpor-c o~jer,~tior: shall T«; confined within the pcr-imeter c f the »arce l of Land ...cscribed hcre in which shall ')e utilized byU:8 here in L~::"ee for fishpond anc ethel' aquacul tura.l PUQCSi.;'; oni.y , f. Any f i shpond whi.ch s1'1<111 b~ es tal.Lished i.;""! the area covered by tnt: Lease agreement s.ial l hI;: constructed so ~s not to interfere with the free ~avi~~tion of any river or s t ream adjoining or flowinr through the area nor shall it irsnede the flO'.... and ebb of the tide to and {rom the interior of th~ 5wa~s. Pny construction made contrary hereto shall be re moved by or under the authority ~nd direction of t.he I~ssor or his duly authorized representative at the expense of L~eLessee. g. The Lessee shall exclude from the proposed fishpond area a strip of forty (40) meters wide from the river, ban~ or stT~':''i1.s adj?ini~e or »ass ing thro~gh the area ....h i.ch shoulo. be- mairrtained fores ted or, If denuded, should be'planteC: with aiJpro~riate SfCcic:s for river bank protection, rursuant to Presidential Decree No. 953. h. The Lessee s;1a11 not obstruct all the cxisting routes and trails and means of t.ransror-tat ion vh i ch shall nass throuzn or are ad joirri.nz the area. under the fishpond lease azrcement. i. The Lesse~ shill·devBlor fifty peT C~lt (50%) of the area VIi thin three (3) years and to completely develop the . remaining r-ortionswiL~in five (5) years both to commence from. the· date of the' iss~~'1ce of the lease agroement , J. The Lessee shall subnri t to the Director of Fisheries and Aouat ic ~,Esources, .through theSishcries Regional Director .concerned, int~te·prescr-ibed fo rm a serri annual report on the f isnoond ·dcvelo.D!!1ent, orerat ion t1 and production within the ~irst ten (1G) days after every six (6) months and such other .informatzion rE! Lativo to the operation of the f i shoond as may be required from t ime to t.im« for s tati sr ica I and other purposes, whi.ch report shaLl be verified and certi fied correct by the Pegional Director concerned or his duly authorized r~nre$entative k. 1. m. n. o. p. q. r. 111<; Lessee shall not t ransfcr a l Lcr any rort ion of the area herein grantee or 2~y right ~cquired there in wi thout the -::revious .:rr:-'roval of the Lessor . The Lessee ~h311 not sublet or «.ntor into a sub-Lease contract over the area or ar.y pertion covered by the f i shpond h~(J51:' agreement. The Lessee shall keep a recc.. rd of operat i.ons and transac t i.ons concern ing the f i shoond . The Lessee shall a l l ow e£ rJuly authorized represent ative of the Lessor to insnect all t.he records re quired in the operation or" the: f ishpond , The Lessor ~ay, at any timc, reduce the a:ea covered by the lease agreement or chane~ or modify the terms and condi tions thereof, or terminate the sarre at an earlier date, when public intere~t so requires. or for justifiable grounds or reasons. The area leased is Duhlic land to the best knowledge and belief of the Lessor and accordingly, the Lessor shall not be resnonsjble for a"'1y loss or claim occa sioned by any legal award of the ar8a to any claim ant recognized by the courts or as a result of any judicial litigatiofi involving the sa~ area. The Lessee shall assume respons ibili ty for any anjury or des truction in the area covered by the f i shrond lease agreement which may be Caused by the operation of the area for fishpond devcl.opmcnt or by the act . of the representative or emnl oyees of the Les see , The Lessee shall vacate the 8.TE:a covered. by the fish pond lease avrcemcnt uoon t!"te exp i ra t ion, canceILat ion or rescission hereof. . SECTla-~ 6. .'<.ent a l s when duo:: an-] payabta. - Starting .January 1, 1980 the annual rental shall be at the r a te of thirty pesos (F30 .00) per hectare .or ::r~ction thereof for the first. f ive (5) years. After the 1985 annual rental is paid •. subsecucnt annual rentals shall be due and payable ' on the first. workinc. .day of J3nuary each year. On the sixth year and u1c years followi~g Lhereaftcr, the arillual rentals r: shall be at the rate of fifty pesos (fSO.OO) per hectare or fraction thereof. This section shall also be applie(! to all existing 2S-year fishpond lease agre~ments previously issued ~rior to the effectivity of this Order. . schedule: Rental ];o.iC:: from J an . 1 to ~;2rch 31 Rental paid from April 1 to .June 3Ci Rental caid from july 1 to Sel.lt. 30 Eental paid from Cct. 1 ~o Pee. 31 Rental ~tid after one (1) year . . 10% 15~ zogo 25% 40'1, SECTID\L.1L.Sche~illle.()E Cas~ Land r(~~':",osits, - Starting January It 1980 the CO-51: bond d(~:ncsit she.ll k at the: rate of f.:i.£ty r.<'sos (PSG .00) per hectare or fraction thereof: f'rovi,12~, That if at the end of five (5) years the Lessee shall have in'troQ"liccJ.' imnrovcments .in accordance wi th this Order and has s at i.s fac tor i Iv conrol.ie-i wi th all the rccui rements of the fishery laws. rul.e s and rer''Ul,ations L and t~ ':. terms and corxri tions of the lease, the :·~i,-:.isccr of. Natl~ro.l 'f?.8S0urccs uron the reconaendation of the Director or Fish8ries and -natural ~1:;SOUTCCS may waive this bond entirely. This sect.icn shal l a l sc be; :l:,plied to all exist ing 2S-year lease agreements previously issued prior to the ';;f£:~ctivity of this Crder . . . SECTICN 9. Grounds far tennination canc:;llatioi1, or rescission of the fishpond lease agreement. - A hsfl~ond Iease agreement may be termi.na ted, cancell(~d, or rescinded end the ilTirrovements thereof, in cluding the bond, forf0itecl in favor c: the government, for any of the following grounds: a. Death of the Lessce : b. Dissolution of lessee-corr~ratioTI' c. fraudulent, false, or mis Ieading statement made by the Lessee in the apnlication or in ~y r~Tort suhmittBd re.lat.ive to the operation of fishpond. under lease agre0ment . d. Failure. to submit the semi -annuaI reports ~ e. Failure tb develop fifty ~:'r:r cent (50~.) of the area 'Within three (3) ycars?.Jl(: to ccmr-Letc :- \.~E:: :levclo~­ ment thereof ....ri thin five (5) years c:ft":~r the issuance of the fishpond lease 2fT'J8mer,t: f. Failure to -:)~y the rentals, ", ",.j 5"...rrcharuos for two (2) consecutive years without justifiable cause' g. Sub-letting i~:-e area under the lease or My part thereof'. . h. Non-usc or abandonmen t of tne area 6 i. Failure to submit the survey plan of the area under lease duly approved by the "Dureau of LJJ1ds wi thi.n one (1) year f rom the Lssunncc of the f'i shoond Iease agreement~ &~d . j. Failure to comply wi th any of the terms and conditions of the £ish~ond lease agrc8me~t 8nc all fishery laws, rules and regul~~ions. SECTION 10" I\dv€rse clair:l or nrot.es t . - An.y ;€rson 1,.ho h3S an ad verse claim or protest over tl'c arcc ..'!1-.. ic:-' .is the subject of an applica tion for conversion shal I file the c l.airn or nrot.cst wi th the Bureau of Fisheries and Aquatic Resources Hi thin two (2) r:~oTI.ths from the effect ivity..oE:tthis".Dr.dcr and after wJ:ich no clairi, protest or complaint shall be entertained. SECTICN 11. Repeal ing Clause. - Existing fishery rules and regula tions which arc inconsis tent ...'i th this Order are hereby repealed.' or modified accordingly. SECTION 12 # Effcctivi.ty. - :'Lis Pi.sheries Admi.ni.s t.rative Order shall take effect fifteen (15) days after its publication in the Offi cial Gazette or two (2) newspa,ers of general circulation. (SGD.) JOSE J. LEIDO, JR . . ~'!inis ter RECDM"AENDED BY; (SGD.) FELIX R. Ga~ZALES Director of Fisheries &Aquatic Resources