Professional Documents
Culture Documents
DENR Technical Working Group on Reversion of Abandoned Underdeveloped, Unutilized Fishpond (AUUF)
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.
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
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.
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
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.
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.
ACCCoast Drafting of the Manual on Mangrove Reversion of Abandoned and Illegal Brackishwater Fishponds
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.