Article 114p. 114

NATURAL RESOURCES AND ENVIRONMENTAL LAWS STATUTES and IMPLEMENTING RULES AND REGULATIONS

Transhipment by Philippine Flagged Fishing Vessels

shall be regulated by the Department in a manner

consistent

with

the

Philippines’

commitment

to

conventions and international agreements.

SECTION

43.

Operation

of

Radio

Communication

Facilities on Board Fishing Vessels. — The Department

shall promulgate guidelines in the operation of radio

communication facilities on board fishing vessels and

the assignment of radio frequencies specific and distinct

to area of operation in coordination with the National

Telecommunications Commission.

SECTION 44. Use of Superlight or Fishing Light Attractor.

– The number and candle light power or intensity of

superlight and fishing light attractor used in commercial

fishing vessels shall be regulated by the Department:

Provided, That the use of superlight is banned within

municipal waters and bays. The use of fishing light

attractor in municipal waters shall be regulated by the

local government units.

ARTICLE III Aquaculture

SECTION 45. Disposition of Public Lands for Fishery

Purposes.

—

Public

lands

such

as

tidal

swamps,

mangroves, marshes, foreshore lands and ponds suitable

for fishery operations shall not be disposed or alienated.

Upon effectivity of this Code, 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. Thereafter, 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:

Provided,

further,

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:

Provided, finally, That two (2) years after the approval of

this Act, no fish pens or fish cages or fish traps shall be

allowed in lakes.

SECTION 46. Lease of Fishponds. — Fishpond leased to

qualified

persons

and

fisherfolk

organizations/cooperatives

shall

be

subject

to

the

following conditions:

a.Areas leased for fishpond purposes shall be no more

than 50 hectares for individuals and 250 hectares for

corporations or fisherfolk organizations;

b.The lease shall be for a period of twenty-five (25) years

and

renewable

for

another

twenty-five

(25)

years:

Provided, That in case of the death of the lessee, his

spouse

and/or

children,

as

his

heirs,

shall

have

preemptive rights to the unexpired term of his Fishpond

Lease

Agreement

subject

to

the

same

terms

and

conditions provided herein provided that the said heirs

are qualified;

c. Lease rates for fishpond areas shall be determined by

the Department: Provided, That all fees collected shall be

remitted

to

the

National

Fisheries

Research

and

Development

Institute

and

other

qualified research

institutions

to

be

used

for

aquaculture

research

development;

d.The area leased shall be developed and producing on a

commercial

scale

within

three

(3)

years

from

the

approval of the lease contract: Provided, however, That

all areas not fully producing within five (5) years from the

date of approval of the lease contract shall automatically

revert to the public domain for reforestation;

e.The fishpond shall not be subleased, in whole or in

part, and failure to comply with this provision shall mean

cancellation of FLA;

f. The transfer or assignment of rights to FLA shall be

allowed

only

upon

prior

written

approval

of

the

Department;

g.The lessee shall undertake reforestation for river banks,

bays, streams, and seashore fronting the dike of his

fishpond subject to the rules and regulations to be

promulgated thereon; and

h.The lessee shall provide facilities that will minimize

environmental pollution, i.e., settling ponds, reservoirs,

etc: Provided, That failure to comply with this provision

shall mean cancellation of FLA.

SECTION 47. Code of Practice for Aquaculture. — The

Department

shall

establish

a

code

of

practice

for

aquaculture that will outline general principles and

guidelines

for

environmentally-sound

design

and

operation to promote the sustainable development of

the industry. Such Code shall be developed through a

consultative process with the DENR, the fishworkers,

FLA holders, fishpond owners, fisherfolk cooperatives,

small-scale

operators,

research

institutions

and

the

academe,

and

other

potential

stakeholders.

The

Department may consult with specialized international

organizations in the formulation of the code of practice.

SECTION 48. Incentives and Disincentives for Sustainable

Aquaculture

Practices.

—

The

Department

shall

formulate incentives and disincentives, such as, but not

limited to, effluent charges, user fees and negotiable

permits,

to

encourage

compliance

with

the

environmental standards and to promote sustainable

management practices.

SECTION 49. Reversion of All Abandoned, Undeveloped

or Underutilized Fishponds. — The DENR, in coordination

with the Department, LGUs, other concerned agencies

and

FARMCs

shall

determine

which

abandoned,

underdeveloped or underutilized fishponds covered by

FLAs can be reverted to their original mangrove state

and after having made such determination shall take all

steps necessary to restore such areas in their original

mangrove state.

SECTION

50.

Absentee

Fishpond

Lease

Agreement

Holders. — Holders of fishpond lease agreements who

have acquired citizenship in another country during the

existence of the FLA shall have their lease automatically

cancelled and the improvements thereon to be forfeited

in

favor

of

the

government

and

disposed

of

in

accordance with rules and regulations promulgated

thereon.

SECTION 51. License to Operate Fish Pens, Fish Cages,

Fish Traps and Other Structures for the Culture of Fish

and Other Fishery Products. — Fish pens, fish cages, fish

traps and other structures for the culture of fish and

other fishery products shall be constructed and shall

operate only within established zones duly designated

by LGUs in consultation with the FARMCs concerned

consistent

with

national

fisheries

policies

after the

corresponding licenses thereof have been secured. The

area to be utilized for this purpose for individual person

shall be determined by the LGUs in consultation with the

concerned FARMC: Provided, however, That not over ten

percent (10%) of the suitable water surface area of all

lakes

and

rivers

shall

be

allotted

for

aquaculture

purposes like fish pens, fish cages and fish traps; and the

stocking density and feeding requirement which shall be

controlled

and determined by its carrying capacity:

© 2018 Compiled by RGL

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