AQUACULTURE

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AQUACULTURE

What is the disposition of public lands


for fishery purposes?

 Public lands for fishery operations shall not


be disposed or alienated.
What is FLA ( Fishpond Lease
Agreement)?


It may be issued for public
lands that may be declared
available for fishpond
development.
What if it has been expired?

The current lessees shall be given priority and entitled


to an extension of 25 years.
Lease of fishponds
 A. No more than 50 hectares for individuals and
250 hectares for corporations.

B. The lease shall be for a period of 25 years and renewable


for another 25 years.

C. Lease rates for fishpond areas shall be determined by


Department of Agriculture.
 D. Thearea leased shall be developed and producing on a
commercial scale within 3 years from the approval of the lease
contract.

E. The fishpond shall not be subleased


in whole or in part.

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


allowed only upon prior written approval of the DA.
 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.

H. The lessee shall provide facilities that will


minimize environmental pollution.
What is the code of practice for
Aquaculture?
To outline the general principles and guidelines for environmentally
sound design and operation to promote the sustainable development
of the industry.
What if there’s an abandoned
fishponds?
 It can be reverted to their original mangrove state.
What if there is an absentee on fishpond
lease agreement holder?
 Itshall result in the automatic cancellation of the improvements
thereon forfeited in favor of the government.
License to Operate Fish Pens, Fish
Cages and Fish Traps
 It shall be constructed and shall operate only within established
zones duly designated by LGUs in consultation with FARMCs
concerned
Grant of Privileges for Operation of
Fish pens
 No new concessions, licenses, permits, leases and similar
privileges for the establishment or operation of fish pens, fish
cages, fish corrals/traps and other similar structures shall be
granted.
FISHERY RESERVES,
REFUGE AND
SANCTUARIES
Fishing areas reserves for exclusive use
of government
 Those areas in the Philippine waters beyond (15) kilometres
from the shoreline for propagation, educational, research, and
scientific purposes.
Fish refuge and sanctuaries
 The DA may establish fish refuge and sanctuaries to be administered in
the manner prescribed by the BFAR and set aside areas for the
cultivation of mangroves to strengthen the habitat and the spawning
grounds of fish.
 The Court held that the offense of illegal fishing is committed when a
person catches, takes or gathers or causes to be caught, taken or gathered fish,
fishery or aquatic products in Philippine waters with the use of explosives,
electricity, obnoxious or poisonous substances.  The law creates a presumption that
illegal fishing has been committed when:  (a)  explosives, obnoxious or poisonous
substances or equipment or device for electric fishing are found in a fishing boat or
in the possession of a fisherman; or (b)  when fish caught or killed with the... use of
explosives, obnoxious or poisonous substances or by electricity are found in a
fishing boat. 

RICHARD HIZON v. HONORABLE COURT OF APPEALS


G.R. No. 119619, December 13. 1996

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