Fisheries Administrative Order No. 160 of 1980 concerning rules and regulations governing the construction, establishment or operation of fish pens and fish cages in Philippine waters

Republic of the Philippines MINISTRY OF AGRICULTURE AND FOOD Diliman, Quezon City F I"SHERIES ADMINISTRATIVE) ORDER NO. 160 : Series of 1986 ••. ) SUBJECT: Rules and regulations governing the cons truction, establishment or operation of fish pens and fish cages in Philippine waters. Pursuant to the provisions of sections 4, 7 and 21 of Presi dential Decree No. 704, as amended, otherwise known as the Fish eries Decree of 1915, the following rules and regulations govern ing the construction, establishment or operation of fish pens and fish cages in Philippine waters are hereby promulgated: SECTION 1. Definition of terms. - For purposes of this Order, the following terms and phrases shall mean: a) Fish pen - fish enclosure made up of closely-woven bamboo screens, nylon.screens, or other materials attached to poles staked to the water bottom enclos ing a given water area for the purp se of !Dowin~ and/or culturing fish to various sizes. b) Fish cage - a statignary or floating fish enclosure made· of synthetic net, wire/bamboo screens or other materials set in the form of an inverted mosquito net (hapa type) with or without cover with all sides either tied to poles staked t~ the water bottom or with anchored floats for aquaculture purposes. c) Fish pen or fish cage belt - a definite water area designated by the Director where fish pens or fish cages may be constructed, established or operated. d) Director - Director of the Bureau of Fisheries and Aquatic Resources. SEC. 2. Prohibition. - No person, corporation, association, partnership. or cooperative shall construct, establish, or ope rate fish pens or fish cages in Philippine waters without a license duly issued by the Director. SEC.,. Vhomay apply. - A license to construct, establish ~r operate a fish pen .r £ish cage may be issued onlyte the followin~: a) Citizens of the Pldlippines; and b) Corporations. associations. partni!rships or coope ratives duly registered in accordance with law and at least sixty )60%) percent e£ the a.uthorized ca pital stock of' which belongs wholly to citizens of the Philippines. 2 SEC. 4. Filin~ of application. - A duly accomplished appli cation for the construction, establishment or operation of fish pens or-fish cages shall be filed with the Provincial Fishe~ Office where the water area applied for is situated and to be accompanied by the followin! requirements: a) Location plan of the area applied for within the designated fishpen/fish cage belt; b) APplication fee of P20.00 either in cash or postal money order payable to the Director; and c) Articles of Incorporation, by-laws and/or Certi ficate of Registration, when applicable. SEC. 5. Areas that may be granted. For fish pens: an individual may be granted an area of nmt more than three (3) hectares, a juridical applicant may be granted an area of not more than ten (10) hectares; For fish cages: an individual may be ~ranted an area of not more than 200 squHre meters, a juridical applicant may be granted an area of 'not more than 1,000 s~uare meters. SEC. 6. Annual license fee. a) For fish pens, th~ annual license fee shall be P200.00 per hectare or fraction thereof. b) For fish cages, the annual license fee shall be P20.00 per 100 square meter& or fraction thereof. SEC. 7. Duration.f license. - The license to ~onstruct, establish or operate fish pens or fish cages shall be for a period of five (5) years, subject to renewal. SEC. 8. Surcharges. - When the annual license fee is not paid on the date it beco~es due, the licensee shall pay a sur charge of one hundred (100%) per centum. SEC. 9. Restrictions and/or limitations. a) No fish pen or fish cage shall be constructed, es tablished or operated outside the desi!llated fish pen/fish cage belt designated for the purpose. b) No licensee shall construct, establish or operate fish pens/fish cages within thirty (30) meters distnace from each other fer purposes of free pass a~ and/or navigation. 3 SEC. 10. Gratuitous license. - A gratuitous license may be issued by the Director to any government a!ency or institution of learning to construct, establish or operate fish pens or fish cages in desit;nated fishpens/fish cage belts for scientific, re search or educational purpeses, subject to such terms and condi tions as may be imposed. SEC. 11. Submission of semi-annual report. - The licensee shall submit a semi-annual report to the Director or his duly authoriz~d representative of the production in his area for sta tistical purposes. SEC. 12. Grounds for rejection of application. - An appli cation for license to construct, establish or operate fish pens and fish cages may be rejected on any of the fellowing grounds: a) Lack or loss of interest of applicant; b) Voluntary written request of tho applicant; c) Applicant is nat qualified in accordance with this Order; d) Failure to comply with the requirements as provided in this Order; e) Fraudulent, false or misleading statements in tho applicati0n; f) DeathGf the natural applicant or dissolution of the juridical applicant; and g) \~en public interest so requires. SEC. 13. Grounds for cancellation af license. - A license to construct, establish or operate fish pens and fish ca~es may be cancelled on any of the f~llowing grounds: a) Violation of any provision of this Order; b) Death of the licensee, provided that a new license may be issued to the qualified he rs or assignees upon filing of an application within ninety (90) days from the death of the licensee; c) Dissolution of the juridical licensee; d) Failure to comply with the terms and cQnditions of the license; e) Fraudulent, false or mi~leading statements in the application; f) Failure to pay the license fee and/or surcharges g) Abandonment of the area; h) Failure to submit semi-annual repQrt; and i) When public interest so requires. SEC. 14. Grace period. - Any person, natural or juridical, operating fish pens and fish cages primr to the effectivity ~f this Order shall be given a grace period of three (3) ~onths from the effectivity hereQf to c~mply with the provisions of this Order; otherwise, the fish pen or fish cage shall be ordered removed by the Director at the expense of the offender; 4 SEC. 15. Exemption. - This Order shall not apply to bodies of water covered by special laws over which the ~ureau of Fishe ries ana Aquatic Resources has no jurisdiction. SEC. 16. Penal provision. - Violation of any provision of this Order shall subject the offender to a fine of not less than five hundred pesos (p500.00) but not more than five thGusand pesos (ps,OOO.OO) or imprisonment from six (6) months to four (4) years or both such fine and imprisonment in the discretion of the Court: Provided, That the Director is hereby empowered to impose upon the offender an administrative fine of not more than five thousand pesos (P5,OOO.OO). SEC. 11. Separabili~ clause. - The prov~s~ons of this Order are hereby declared separable and if any clause, sentence, provi sion or section of this Order should for any reas~n be held invalid, such invalidity shall not affect the other provisions of this Order. SEC. 18. Repealing clause. - All existing administrative or ders, rules and regulations or parts thereof which are inconsist ent with the provisions of this Order are hereby declared repealed or amended accordingly. SEC. 19. Effectivity. - This Order shall take effect fifteen (15) days afte r its publication in the Official Gazette and/or in two (2) newspapers of general circulation. (Signed) RAMON V.M!TRA Ministel:' Recommending APproval: (Signed) JUANITO B. }1ALIG Director Bureau of Fisheries and Aquatic Resources Published: 1. September 16, 1986 - The Manila Chronicle 2. September 11, 1986 - Ang Pahayagang l~laya EFFECTIVITY: October 3, 1986