Fisheries Administrative Ordinance No. 138 of 1982 concerning rules and regulations governing the culture of mussels (Tahong)

1mRIES ADMINISTRATIVE) mER NO. 138 : Ba:rles of 1982. • • • ) 1982-01-15 SUBJECT: Rules and regulations gOVernin~ the culture of mussels {Tahong Pursuant to th~ provisions of Sections 7 and 16 of Presidential ~cree No. 704, otherwise known as the Fisheries Decree of 1975, the <following implementing rules and regulations on the culture of mus sels are hereby promulgated: SECTION 1. Derini t i on , - For purposes of this Order, the fol 'lowing words and ph ra se s shall mean: Hussels (tahong) - are marine or brackish form of bi valves scientifically known as ~ytilus sp. and Modiolus sp , and locally known as "tahong", usually attached to the substratum in its natural state, but when propagated could be attached to stakes, stones and other suitable objects. Farm lot - a body of marine or brackishwater used for the culture of mussels under license. Mussel culture - the cultivation of mussels in suit able water areas by any method with appropriate intensive care for production purposes. License to culture - license issued by the Director to culture mussels in a designated water area. Mussel belt - an area designated by the Director after a technical survey shall have been conducted in water area where mussel farm lots may be constructed or established. Musse~ reserved area - a water aFea designated by the Minister Where gathering of mussels is prohibited. Director - Idrector of Fisheries and Aquatic Resources. Hinister -lJl.inis1:er of natural Resources. SEC. 2. Prohibition. - No pe,rson, association, corporation, part nership, or cooperative shall culture mussels without a licens~ duly issued by the Director. 2 SEC. 3. vfuo may be issued a license. - A license to culture mussels may be issued to the following: a) Citi-zens of the Philippines; and b) corporations, associations, partnerships, or coo peratives duly registered in accordance with law and at least sixty per cent (60%) of the authorized capital stock of which belongs wholly to citizens of the Philippines, when applicable. SEC. 4. Application and reauirements. - A duly accomplished application for the culture of mussels shall be filed with the Pro vincial Fishery Office where the area is located and accompai.t ed by the f'o'I Lowi ng : a) Sketch plan of the area applied for in the desig nated mussel belt. b) An application fee of r20.00, either in cash or postal money order payable to the Director which is non transferable and non-refundable; and c) Xerox ~opy of the duly approved Articles of Incor poration and/or Certificate of Registration, when appli cable. SEC. 5. License fee. - The annual license fee to culture mus sels shall be in the amollnt of fifty pesos (p50.00) per half hectare or fraction thereof, payable in advance. SEC. 6. Surcharge. - \·.,Ihen the a..nuaL license fee is not paid on the date it becomes due, the licensee shall pay a surcharge of one hundred (100;£) per centum. SEC. 7. Restrictions. - No farm lot shall be established outside the designated mussel belt and within a distance of one hundred {100) meters from each other or the establishment thereof be made within two hundred (200) meters from the shoreline during the lowest tide, but in no case shall it be constructed or established so as to obstruct pass age. SEC. 8. ~re~ion of the license. - A license to culture mussels shall be for a period of three (3) years, subject to renewal. src. 9. Size of mus~el fa~ lots. - A qualified individual may be granted a Li.cense to culture mussels ove r a water area of not ex ceeding one-half (1/2) hectare; and corporation, association, partner ship or cooper~tive9 a ~ater area of not exceeding three (3) hectares. 3 SEC. 10. Non-leasing of mussel farm lot~. - The licensee shall not sublease the mussel farm lot under license; or any part thereof. SEC. 11. Conditions for the transfer of ri~h~ and interests over farm lots. - The licensee may transfer his ;ightsand interests over the farm lot or any portion thereof under the following condi tionss a) That the licensee had held the license for a period of not less than one (1) year; b) The licensee has not'violated any of the rules and regulations related to the operation of mussel farm lots including the terms and conditions of the license. c) The licensee is qualified to develop and operate the mussel>',£a.m :.lots ".PLU'-SW\Q:t ,to .tbs.,provisions of this Order; d) That there is no evidence that such transfer or conveyance is being made for purposes of speculation; e) That the transferee shall assume all the obligations of the transferor; and f) The area subject bf the transfer is not involved in any administrative or judicial case. SEC. 12. Designation of mussel reserve areas. - The Minister may, upon recommendation of the Director, designate mussel reserve areas for propagation and conse~~ation purposes. SEC. 13. Gratuitous permit. - A gratuitous permit may be issued to any government agency or institution of learning by the Director to oulture mussels in any water area for scientific, research or educa tional purposes, sub ject to terms and conditions as may be imposed. SEC. 14. Introduction of improvements in farm lots. - The li censee shall introduoe improvements in the area oovered by the lioense within six~ (60) days from the issuance thereof. Non-use of 'the area for mussel culture within one hundred twenty (120) days from the issu ance of the license shall be a ground for the cancellation thereof. SED. 15. Submission of semi-annual report. - A licensee shall submit a semi-annual reporter production to the Director or his duly authorized representatives ror statistical purposes. SEC. 16. Grounds for rejection o~ application. - Applications to culture mussels shall be rejected on any o£the following groundss a) Lack/loss o£ interest; 4 b) Area applied for is not available or suitable for the culture of mussels; c) Voluntary request of the applicant; d) Applicant is not qualified in accordance with this Order; e) Fraudulent, false or misleading statements in the application; f) Failure to comply with the requirements; g) Death of applicant, or dissolution of juridi cal person; and h) When public interest so requires. SEC. 11. Grounds for canoellation/termination of lioense. - Li cense to oulture mussels issued under this Order may be cancelled on any of the followihggrounds: a) Violation of any existing fishery rules and regu lations and other applicable laws; b) Death of the licensee, provided that a new lioense shall be Lasued to tlie-", quali.f1ed:'.h~"~ or &u1liRlll ,!p~ filing of a new application within ninety (90) days from the death of the licensee; 0) Dissolution of juridical licensee; d) Failure to oomply with any of the terms and oondi tions of the license; e) Fraudulent, false, Or misleading statements in the application; f) Fai1ure to pay the required annual license fees and/or surcharges; g) Subleasing by the licensee of mussel farm lot; h) Abandonment of the area; and i) When public "in"terest so requires. 5 SEC. 18. Transitory provisions. - All persons, assooiations, corpor~tions, partnerships, or cooperatives operating farm lots not in accordance with this Order are hereby given a~fraoe period of three (3) months from the effectivity of this Order within which to restructure and/or oomply with the provisions of this Order. SEC. 19. Penalty. - Violation of this Order shall subject the offender/s to the penalty as provided under Section 38 (d) of Presidential Decree No. 704, as amended. SEC. 20. Repealing clause. - All existing administrative or ders, rules and regulations or parts thereof which are inconsistent with the provisions of this Order are hereby repealed. SEC. 21. Ef~ectivity. - This administrative order shall take effect fi.fteen (15) dHYs after its publication in the Official Ga zette and/or in two (2) newspapers of general oirculation. ( Signed) TEODORO Q. PEtTA Minister Ministry of NaturRl Resources Recommended by: (Signed) FELIX R. GGNZAI.ES Director Bureau of Fisheries and Aquatic Resources - ~ ~ - - - - - Published: 1. Official Gazette, Vol. 78, No. 29, p. 3758. July 19, 1982 2. Daily Express - July 8, 1982 3. Peoples· ~ournal - July 8, 1982