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Inventory of Policies, Programs and Projects on AUUF

DENR Technical Working Group on Reversion of Abandoned Underdeveloped, Unutilized Fishpond (AUUF)

Philippine Laws Salient Features


RA 10654 or the Amended Fisheries Code of Section 99. Conversion of Mangroves. – It shall be unlawful for any person to convert mangroves into fishponds or for any
2015 other purpose.

Upon a summary finding of administrative liability, the offender shall be penalized with a fine equivalent to the ecological
value of a hectare of mangrove based on available studies or administrative fine of Ten million pesos (P10,000,000.00) per
hectare, whichever is higher: Provided, That if the area requires rehabilitation or restoration as determined by the
Department, the offender shall also be required to restore or pay for the restoration of the damaged area.

Upon conviction by a court of law, the offender shall pay a base fine of Eighty thousand pesos (P80,000.00), a fine
equivalent to the administrative penalties, and shall suffer the penalty of imprisonment of six (6) months and one (1) day to
twelve (12) years: Provided, That if the area requires rehabilitation or restoration as determined by the court, the offender
shall also be required to restore or pay for the restoration of the damage. The offender shall be liable for environmental
damages computed at Five hundred thousand pesos (P500,000.00) per hectare per year until the area is restored.

Department of Agriculture Admin Order No. Section 49 states that


2015-10 or the Implementing Rules and
Regulations of Republic Act No. 8550, as SEC. 49. Reversion of All Abandoned, Undeveloped or Underutilized Fishponds. - The DENR, in coordination with the DA-
amended by RA 10654 BFAR , LGUs, other concerned agencies and FARMCs shall determine which abandoned, undeveloped 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.

Rule 49.1. Joint Guidelines. – The DA-BFAR, in coordination with the DENR, shall be guided in the implementation of this
Section by the Joint DA-DENR General Memorandum Order No. 3, Series of 1991, which shall be reviewed and revised
accordingly.

Rule 49.2. Identification of Abandoned, Undeveloped, Underutilized Fishponds. – The DABFAR, in coordination with the
DENR, shall review and update fishpond surveys and identify abandoned, undeveloped or underutilized fishponds, which,
after due process, can be set aside for Aquaculture Stewardship Contracts to be awarded primarily to qualified fisherfolk
cooperatives/associations as well as micro, small and medium enterprises, for the cultivation of mangroves to strengthen
the habitat and the spawning grounds of fish pursuant to Section 81 of this Code, or reverted to forest lands where
applicable.

Joint DA-DENR General Memorandum Order Guidelines on the Automatic Reversion and Administration of AUU fishponds to DENR
No. 3, Series of 1991 • Defined the guidelines for cancellation and reversion of FLAs into mangrove forest lands under the administration
of DENR pursuant to Section 24, paragraph 2 and 3 of PD 704, as amended, and Section 43, paragraph 3 of PD 705,
Guidelines for Cancellation and Reversion of as amended
Fishpond Lease Agreements (FLAs) into
Mangrove Forestlands REQUEST COPY FROM FMB

Fisheries Administrative Order No. 197-1 or


Rules and Regulations Governing Lease of Defines Abandoned, Underdeveloped and Underutilized Fishponds
Public Lands for Fishpond and Mangrove-
Friendly Aquaculture Provides the procedure for cancellation of AUU FLA and includes Abandonment, non-development, or underutilization of
area covered by the FLA. Process for cancellation of AUU FLA will include DENR CENRO.
(2012)
DA Secretary issues the order of cancellation and declaration of the reversion of the area or portions thereof to DENR.
DENR to be furnished a copy of cancellation order.

States that portions of the AUU area that cannot be restored to original mangrove state shall remain within the jurisdiction
of BFAR to be declared as either reserved areas for fish sanctuary or reserved areas for conservation and ecological
purposes or be made available for Aquaculture Stewardship Contract

Includes provisions on FLAs mortgaged to financial institutions. The assignee bank will have a period of five years to hold
the area covered by the lease for the purpose of liquidating the debt, disposing the improvements and negotiating for the
transfer or assignment of the rights therein to other qualified transferees. After five years, FLA will automatically revert
back to the jurisdiction of DA BFAR.

FLAs foreclosed by DBP or any financial institution pursuant to loan agreement approved by the DA Secretary while not
operational or commercially producing are not considered abandoned, underdeveloped or underutilized.

Prohibits the use of FLA as collateral for loans


DA-DENR-DILG Joint Admin order No. 2008-01 Section 14: Strengthening of an Inter Agency Technical Working Group for Identification of Fishpond Lease Agreement
(FLA) Areas and Other Swamps Released to the Bureau of Fisheries and Aquatic Resources (BFAR). There is hereby created
Defining/Identifying the Areas of Cooperation an inter agency technical working group to be headed by DA/BFAR and composed of DENR and the DILG representatives,
and Collaboration among the DA, DENR and National Fisheries and Aquatic Resources Management Councils (NFARMC) and/or other parties interested such as but not
DILG in the Planning Management and Control limited to the NGO, LGU Leagues and academe to undertake the following tasks:
of Aquaculture Development to Mitigate • identify sources of pollution in aquaculture areas covered by FLAs or FLAs that are affected by pollution.
Impacts on the Environment • identify FLA areas that are flooded due to natural calamities and/or global climate change and recommend measures to
mitigate impacts of the same and or determine the best beneficial use of the area.

Further, an inter agency technical working group to be chaired by the DENR, with members from DA/BFAR, LGUs
concerned and FARMCs, shall likewise be created to identify FLA areas which have been abandoned for five (5) years from
the date of approval of the lease contract. These areas, upon proper notice to the respective lease holders, shall
automatically revert to the mass of the public domain for eventual reforestation under the administration of DENR. Said
inter agency technical working group shall develop and prepare guidelines for the reversion of the identified abandoned,
underutilized and undeveloped areas covered by FLAs that can be reverted to their original mangrove state. All steps
necessary to restore such areas in their original mangrove state shall thus be undertaken.
NCI-SRD Resolution No 2020-06 Directs the creation of the IATWG under JAO 2008-01 with the following tasks
1. Consolidate maps of areas covered by FLAs from DA BFAR and DENR FMB
Creation of IATWG under Sec 14 of Joint DA 2. Consolidate List of Abandoned FLAs
DENR DILG AO No 2008-01 to address Policy 3. Consolidate list of FLAs under DENR’s NGP and other mangrove rehabilitation projects
Issues on AUUF 4. Validate/verify cancelled and abandoned FLAs by DENR and
5. Intensify coordination efforts between BFAR and DENR on fishponds with FLAs and NGP areas.

Joint DA-DENR Memorandum Order No. 1, Defines the areas of cooperation and collaboration between the Department of Agriculture and the Department of
series of 2000 Environment and Natural Resources in the implementation of RA 8550.

DENR ADMINISTRATIVE ORDER NO. 03, Series Contains policy and guidelines for the award and administration of mangrove stewardship agreement.
of 1991
Established partnership arrangement between government and participating small-scale mangrove users in promoting
Policy and Guidelines for the Award and sustainable use of public lands through mangrove resource management system.
Administration of the Mangrove Stewardship
Agreement Includes Areas covered by Fishpond Lease Agreement fully developed
Vegetated mangrove areas released for fishpond development but not yet covered by FLA; and vegetated areas within
existing FLA not developed for more than five years may be reverted to mangrove forest land and become eligible for
coverage under the Mangrove Stewardship Agreement
Joint DAR-DA Administrative Order No. 1991-05 Procedure for the redistribution of fishponds covered by cancelled or expired Fishpond Lease Agreement (FLA) in favor of
Agrarian Reform Beneficiaries (ARBs) either individually or collectively duly VERIFIED by the Department of Agrarian
Rules and guidelines governing the distribution Reform (DAR) to the qualified beneficiaries
of cancelled or expired FLAs under EO 407 as
amended by EO 448;

Presidential Decree 705 Mangrove areas suitable for fish pond development are placed under the jurisdiction of BFAR. The provision for mangroves
to be identified as need for forest purposes is that strips of mangroves or swamplands should be at least 20 meters wide,
Revised Forestry Code along shorelines facing oceans, lakes and other bodies of water and strips of land at least 20m wide facing lakes

SECTION 43.  Swamplands and Mangrove Forests.


Mangrove and other swamps released to the Bureau of Fisheries and Aquatic Resources for fishpond purposes which are
not utilized, or which have been abandoned for five (5) years from the date of such release shall revert to the category of
forest land.

Joint DAR-DA-DENR-DILG Administrative Order No conversion of public agricultural lands into fishpond or prawn farms shall be allowed except when the concerned
No. 01-96 Rules And Regulations Governing The agencies of the government declare a coastal zone as suitable for fishpond development
Conversion Of Public Agricultural Lands To
Fishponds And Prawn Farms Pursuant To
Republic Act (R.A.) No. 6657, As Amended By
R.A. No. 7881
PCSD AO 2006-11 All FLAs declared by BFAR as cancelled or terminated to be reverted to forestland. Upon certification of BFAR, PCSD shall
take cognizance and shall take necessary steps to restore to original mangrove state.
DAO 18, s1991 - Prescribes the rules and guidelines governing the distribution of canceled or expired FLAs; identifies responsibilities of DA-
BFAR and DAR with respect to canceled or abandoned FLAs.
DENR ADMINISTRATIVE ORDER NO. 15, Series Section 4. Conversion of thickly vegetated Mangrove areas no longer allowed.
of 1990 Section 5. In cases where legally acquired and productive fishponds are within mangrove forest reserves and wilderness
areas and the government decides to revert them to forest lands, owners will be justly compensated.
Regulations Governing the Utilization, Section 6. Issuance of Certificate of Stewardship Contract (CSC)
Development and Management of Mangrove CSCs may be issued in mangrove areas to individuals, communities, associations or cooperatives, except in wilderness
Resources areas, provided that the activities shall be limited to sustainable activities as indicated in the approved Management Plan.
Conversion of mangroves for, but not limited to, fishpond development, saltworks and paddy cultivation shall not be
allowed under the Certificate of Stewardship Contract.
Section 9. Fishpond development allowed only in denuded areas which have been zonified as suited for such activity.
Estuarine mangroves which are predominantly, if not totally, vegetated with shrubs shall not be disposed for fishpond
development.

RA No. 7161 Ban on cutting mangroves

An Act Incorporating Certain Sections of the


National Internal Revenue Code of 1977 to PD
705 and providing amendments thereto by
increasing the forest charges on Timber and
other Forest products
Ministry of natural Resources Special order 309 Prompted the creation of the Philippine National mangrove Committee, mandated to create a national plan for the
s. 1976 comprehensive management of mangroves and review of applications for fisheries and timber licenses (primavera 2008)
Fisheries Admin Order No. 125 From the initially issued 10-year permits and FLAs, this policy states the different rules and regulations binding the
transition from 10-year permits to 25 years for FLAs
Pres Proclamation No. 2146 Certain areas and projects were specified as environmentally critical and within the scope of the Environmental Impact
Statement System where extraction of mangroves are included
EO 263 Adopts Community-based Forest Management (CBFM) as the national strategy to ensure the sustainable development of
the country’s forestland resources and provides mechanisms for its implementation
DENR AO 1992-06 Reversion to forestland category portions of Bohol mangroves declared alienable and disposable for ponds.

PD 2152 Declares the entire province of Palawan and certain parcels of the public domain and/or parts of the country as mangrove
swamp forest reserves.
DENR Memo Order No. 17 s. 1998 Zonification of mangrove forests for fishpond development and/or the release of already zonified mangrove forests for the
said purpose, were banned.
Banning the Further Zonification of Mangrove
Forest for Fishpond Development and/or the
Release of Mangrove Forestlands Previously
Zonified as Such.
PROGRAMS/PROJECTS
NFRDI-BFAR joint Force on DA Secretary William Dar directed NFRDI to work closely with BFAR to conduct a comprehensive inventory of the issued FLAs in the country. Data
FLA Assessment that will be gathered from this inventory will provide information to improve the FLA Program and to conceptualize appropriate policy on fisheries.

Thus, as an immediate response to the call of Secretary Dar, NFRDI convened a meeting with BFAR last January 20. In the said meeting, NFRDI and
BFAR committed to work together for the improvement of the FLA Program in the country.

After studying the FLA policies and its process, including updates on the use of Aquafarm Registration (AquaR System) as a tool for the inventory of
FLA and non-FLA areas, both agencies agreed to create a Technical Working Group (TWG). The TWG’s primary concern shall be to monitor the FLA
implementation and address the issues afflicting the program. It was also agreed that a Sub-Committee will be identified and tasked on the
management of FLA fees to facilitate remittance to NFRDI Special Accounts. Under the law, rentals from FLAs shall be remitted to NFRDI and other
qualified research institutions for use in aquaculture research development (Section 22 of FAO 197-1 s. 2012).

As of this writing, the proposal on the Assessment of the FLA Program in the Philippines is being revised after its presentation to the GB during the
2nd NFRDI GB Meeting held on March 11, 2020.

From NFRDI Website

ICRMP Led to drafting of several policies related to reversion of AUU


• “Guidelines on the Reversion of Abandoned, Undeveloped and Underutilized Fishponds under Fishpond Lease Agreements to the
Department of Environment and Natural Resources through the National Convergence Approach”
• Classification of Illegally Titled Fishponds and Constructed Fishponds in Classified Forestland
• Reclassification of Intact Mangrove Forest in Classified Alienable and Disposable Land
• Special Agreement for Mangrove Area Development as a Legal Instrument for the Development and Management of Mangrove Areas

ACCCoast Drafting of the Manual on Mangrove Reversion of Abandoned and Illegal Brackishwater Fishponds

AUUF Zamboanga Sibugay (Requested for Documents from FASPS)


Project
https://www.arcgis.com/home/webmap/viewer.html?webmap=5263ef0c18064bd7bc8a33ef1b667416&extent=121.2681,6.8145,124.3003,8.4776
Region 5 AUU (Request Documents from Region 5 CDD)
Unified and Enterprise BFAR Project
Geospatial Information The Project with an 18-month implementation period covers 46 Philippine provinces of the fifteen (15) identified regions. The project conducts
System (UEGIS) Project coastal resource mapping activities on the coastal municipalities of the project areas.
(2012) Includes Fishpond inventory and monitoring

The output of the project includes Maps of FLAs, among others.

AQUAR TOOL Fisheries Office Order No. 13, s. 2019 designated the Fisheries Regulatory and Licensing Division, together with Aquaculture Division and Fisheries
Information Management Center, to spearhead the nationwide adoption of Aquafarm Registration (AquaR) Tool for the inventory of aquaculture
farms.

The AquaR Tool has two parts: the AquaR Portal and AquaR mobile application. AquaR Portal is an online system (www.aquar.carsu.edu.ph)
wherein information about aquaculture farms in the country is stored. Meanwhile, AquaR mobile application is developed to aid in the area
verification and inspection of FLA areas, as instructed in FAO 197-1, s. 2012.

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