BFAR-guidebook For LGUs
BFAR-guidebook For LGUs
BFAR-guidebook For LGUs
Copyright:
BFAR-PHILMINAQ does not claim any copyright to this
publication. Reproduction of this material for educational
and training purposes, in part or in full, is allowed provided
that appropriate citation is made. Any repackaging or
reformatting of this publication can only be done with the
written permission of BFAR-PHILMINAQ.
This guidebook was prepared as part of the outputs of
theproject entitled Mitigating Impact of Aquaculture in the
Philippines (PHILMINAQ) which was funded by the European
Union under INCO-DEV-SSA-CT2006-031640.
Additional copies of this guidebook can be downloaded
from the project web site www.philminaq.eu and www.bfar.
da.gov.ph.
ISBN 978-971-8722-28-2
NORDIC
Table of contents
Chapter/
Section
Title
List of Tables
List of Figures
List of Photos
List of Text Boxes
List of Appendixes
List of Acronyms
Message
Introduction
Organization of the guidebook
How this guidebook came about
Page
ii
ii
iii
iii
iii
iv
vi
vii
ix
ix
1
1
3
3
5
9
9
12
12
17
19
27
28
30
20
23
23
34
34
39
41
55
62
LIST OF TABLES
Table
1
11
16
22
23
45
61
LIST OF FIGURES
Figure
ii
13
13
17
47
NORDIC
PHOTOS
Photo
1
Fish pen
Fish tank
Fish cage
Fish cage
5
6
7
7
Hapa nets
Fishponds/fish terraces
10
11
12
18
13
57
14
15
58
59
TEXT BOXES
Text Box
Page
12
Causes of fishkills
17
49
51
57
APPENDICES
Appendix
1
64
70
71
iii
Acronyms
Administrative Order (AO)
Autonomous Region of Muslim Mindanao (ARMM)
Bureau of Agricultural Statistics (BAS)
Bureau of Animal industry (BAI)
Bureau of Fisheries and Aquatic Resources (BFAR)
Bureau of Soils and Water Management (BSWM)
Coastal and Marine Management Office (CMMO)
Comprehensive Fishery Research and Development Program (CFRDP)
Cooperative Development Authority (CDA)
DENR Administrative Order (DAO)
Department of Agriculture (DA)
Department of Environment and Natural Resources (DENR)
Department of Fisheries and Aquatic Resources (DFAR)
Department of Health (DOH)
Department of Interior and Local Government (DILG)
Environmental Impact Statement (EIS)
Environmental Management Bureau (EMB)
Environmentally Critical Area (ECA)
Environmentally Critical Project (ECP)
Executive Order (EO)
Fisheries and Aquatic Resources Management Councils (FARMCs)
Fertilizer and Pesticide Authority (FPA)
Fish Health Section (FHS)
Fisheries Code (FC)
Fisheries Industry Development Support Division (FIDSD)
Fisheries Policy and Economics Division (FPED)
Fisheries Post-Harvest Technology Division (FPHTD)
Fisheries Regulatory and Quarantine Division (FRQD)
Fishpond Lease Agreements (FLA)
Food and Agriculture Organization (FAO)
iv
LIST OF ACRONYMS
Message
Aquaculture will continue to be the main source of food fish for the Philippines and
the main driver of growth for the agricultural sector. My vision for the aquaculture sector is
one that will provide more food, more employment, and more foreign exchange rather than
an aquaculture sector that results in habitat destruction, pollution, and farming-induced
calamities such as fish kills. There should be no compromise where the environment is
concerned.
Thus, I congratulate the PHILMINAQ project for conceiving this Guidebook entitled
Managing aquaculture and its impacts: a guidebook for local governments for I believe
that a stronger partnership between national agencies such as BFAR and local government
units will pave the way for a sustainably managed aquaculture sector. This Guidebook
signals the beginning of a partnership that is nurtured through information exchange and
clarification of jurisdiction.
To the readers of this Guidebook, I wish to reiterate BFARs commitment to work
with local governments through the transfer of environment-friendly technologies,
training and education for fishfarmers on various aspects of aquaculture management, and
identification of new products and markets. In the same way, I exhort the readers of this
Guidebook to fully utilize the strength of our national policies in order to prevent and
mitigate the environmental impacts of aquaculture.
vi
Introduction
This guidebook is written to help local governments and the communities whom they
govern, address the negative environmental impacts associated with aquaculture. Fish
kills, red tide, eutrophication, and other forms of aquatic pollution are among the negative
impacts of aquaculture which should be managed, avoided, and mitigated. Whether the
impact is an episodic event such as a fish kill or a recurrent case of effluent discharge,
the severity of impacts can only be assessed after several years when habitats and natural
populations of aquatic species have been destroyed, when human health has been risked,
when private and public sector investments have gone sour, and when the officials and
managers in charge have duly completed their terms of office.
Mitigating the negative impacts of aquaculture is one of the many responsibilities of
Local Government Units (LGU)s --- be it the province, cities/municipalities, or barangays.
Aquaculture, whether land-based or water-based, is practiced within an LGU territory and
is subject to local planning, regulation, policy formulation, taxation, and revenue generation.
Thus, LGUs, being subsidiaries of national government, have the duty to share national
governments goals and aspirations one of which is the management and maintenance
of ecological balance within their territorial jurisdiction subject to the provisions of the
Local Government Code or Republic Act (RA) 7160 and national policies. As a corporate
entity, the LGU must perform its function to the approval of its shareholders, in this case
the general citizenry, the private sector, and small fishers and farmers who are engaged in
aquaculture.
Bad farm practices such as overstocking and overfeeding can be aggravated by natural
conditions such as flushing rate, wind patterns, and water temperature. Bad farm practices
can be traced primarily to the attitudes of aquaculture operators especially those who
would take unnecessary risks in the hope of short-term gains. For some operators, it is
pure stubbornness and the lack of concern for the environment; yet, for others, lack of
information is the culprit.
While governance of aquaculture systems is the main focus of this guidebook, what can
not be ignored is the fact that some aquaculture activities result to negative environmental
impacts because of bad planning and absence of informed decision making tools. Thus,
aquaculture located in critical habitats, which when altered have no chance of restoration,
and aquaculture sited in areas where alternative uses might prove more valuable, are bad
practices per se and will need to reconsider an overall planning and resource use framework
beyond the scope of this guidebook.
Owing to the lack of financial and personnel resources, national government is still
struggling to transmit as much information (technologies, policies, and national standards)
as possible to support devolved functions of LGUs. BFAR has issued several administrative
orders in support of best aquaculture practices1 but LGUs, even those who are actively
engaged in aquaculture are not aware of its provisions. Moreover, the plurality of policies
that govern environmental management makes understanding and harmonization at the
local level even more difficult. Admittedly, governance is not all about providing and using
information. But it is a good start.
1
vii
Aquaculture is a fast-growing source of food and raw material supply for industry
and the Philippines occupies a significant role in the world market. Nevertheless, negative
consequences of growth are as significant and should not be ignored. In summary, this
guidebook will help LGUs and other local level partners and stakeholders to:
appreciate the potential of aquaculture to contribute to national goals of food security,
income generation, and employment;
recognize the threats posed to the environment as a result of bad farm practices and
lackluster governance;
appreciate and understand the national policies governing aquaculture and environmental
management and use these as an arsenal for better governance;
understand the role of national agencies vis--vis their own; and
implement best management practices to mitigate the negative impacts of aquaculture
on the environment.
viii
ix
Natural Resources (DENR), the Department of Interior and Local Government (DILG),
and the League of Municipalities of the Philippines (LMP). Participants contributed
significantly to defining the framework, scope, and major elements of this Guidebook from
its inception to completion.
Thus, it is befitting to recognize the members of the PHILMINAQ Inter-Agency
Working Group for their contributions. They are, as follows:
Bureau of Fisheries and Aquatic Resources
Benjamin F.S. Tabios, Assistant Director
Mildred Mercene-Buazon,
Administration
Mercedita M. Bantaya,
Fish Health Management Section
Abbie Cruz-Trinidad,
PHILMINAQ Consultant
xi
xii
1
Chapter
RA 8550 (Fisheries Code of 1988) defines aquaculture to include all fishery operations
involving all forms of raising and culturing fish and other fishery species in fresh, brackish
and marine areas. The Aquaculture Steering Committee of the Fisheries Department of the
Food and Agriculture Organization (FAO) of the United Nations defined aquaculture in
the following terms:
Aquaculture is the farming of aquatic organisms, including fish, molluscs,
crustaceans and aquatic plants. Farming implies some form of intervention in the
rearing process to enhance production, such as regular stocking, feeding, protection
from predators, etc. Farming also implies individual or corporate ownership of
the stock being cultivated. For statistical purposes, aquatic organisms which are
harvested by an individual or corporate body which has owned them throughout
their rearing period contribute to aquaculture, while aquatic organisms which
are exploitable by the public as a common property resource, with or without
appropriate licences, are the harvest of fisheries.1
Definition of Aquaculture, Seventh Session of the IndoPacific Fisheries Council (IPFC) Working Party of Experts
on Aquaculture, 1988, Bangkok, Thailand.
Aquaculture production has contributed an annual average of 1.4 million tons from the
period 2000-2005 representing 41% of total production compared to commercial capture
fisheries, 30%, and municipal capture fisheries, 29% (Fig. 1). Production growth has
averaged 10%, on an annual basis, compared to 3% for commercial and municipal fisheries
over the same period.
Contribution to food security.
Capture fisheries, both commercial and municipal, are on a continuous decline due
to overfishing, use of deleterious gears, and degradation of habitats that support fisheries.
Aquaculture, on the other hand, has steadily contributed to food supply. A succinct
example is the commercial fisheries production of roundscad, which, after peaking at
250,000 MT in 2003, declined to 215,000 MT as of end 2005. Meanwhile, milkfish cultured
in brackishwater ponds, pens, and cages, and those from freshwater systems have exhibited
production increases. The same trend is seen for tilapia.
Fig. 1. Volume of Philippine fisheries production, by sector, from 1997-2005
In 2003, the fisheries sector contributed 2.2% (PhP95.49 billion) to the countrys gross
domestic product (GDP) of PhP4,359 billion at current prices, or 4.1% (PhP44.86 billion)
of the GDP amounting to PhP1,093 billion at constant prices (BAS undated). It accounted
for 15.1% (PhP95.5 billion) of the gross value added (GVA) in agriculture, fishery and
forestry group amounting to PhP632 billion at current prices, or 20.9% (PhP44.9 billion)
of the GVA of PhP214.3 billion at constant prices. As of the third quarter of 2004, the
sectors contribution to the GVA in the agricultural group (PhP158.3 billion at constant
prices) was 22.3%, the second largest share next to that of agricultural crops.
Farming systems vary according to cultured species and water source. The
types of farming systems in the three environments are listed below (Table 2). In
freshwater environments such as lakes, pens and cages are the common farming
systems while in brackishwater environments, earthen ponds are most common.
Nelson Lopez
Nelson Lopez
Photo #1. Fish pen. A fish pen is an artificial enclosure constructed within a body of water
for culturing fish and fishery/aquatic resources made up of poles closely arranged in an
enclosure with wooden materials, screen or nylon netting to prevent escape of fish. A fish
pen can be constructed in any of the three environments.
Photo #2. A fish tank refers to culture facilities of varying sizes and shapes (circular as
can be seen in above photo, rectangular, etc) made of fiberglass, canvass, and/or marine
plywood, concrete, or ferrocement. A fish tank is land-based, needing a small parcel of
land. Water is either gravity-fed or pumped; thus making water supply a critical factor in
deciding to set up tank systems. Tanks are relatively more secure to manage because the
small area can be easily fenced in.
Nelson Lopez
Nelson Lopez
Nelson Lopez
Photo #4. Fish cage. A fish cage refers to an enclosure which is either stationary or floating
made up of nets or screens sewn or fastened together and installed suspended in the water
with opening at the surface or covered and held in a place by wooden/bamboo posts or
various types of anchors and floats as in above. Modern types of fish cages, such as those of
circular design, use lighter and more durable materials such as fiberglass and PVC pipes.
Photo #5. Mangroves and fish pens. Mangrove swamp areas along the intertidal zone
are ideal sites for brackishwater fishponds and fishpens where the water is sourced from
both from the sea and rivers. The most dominant fish cultured in brackishwater are
milkfish and shrimp. Mudcrab and grouper were recently introduced in commercial scale
to maximize utilization of the ponds. Aqua-silviculture and fishpen farming system are
also done, as in photo.
Photo #7.
Hapa nets.
Hapa nets are
used for rearing
juveniles of finfishes.
Fisheries Policy and Economics Division
Photo #8. Fishponds/fish terraces. These fishponds are located in an upland environment, i.e. fish terraces.
Nelson Lopez
Photo #9. A fish pond located in a coastal wasteland. Special plastic lining (for example
made of polyethylene) is used as ground cover which functions as a hydraulic barrier to
pond dikes and bottoms. The pond liner is used for water containment and helps preserve
biosecurity by preventing pathogens from entering and infecting the pond.
Nelson Lopez
Photo #10. Integrated farming system, here rice-fish. Fish farming utilizes the
irrigation water in canals adjacent to rice paddies.
(BFAR Region V Files)
Quantity (t)
Share (%)
1,895,847
1,338,597
289,153
163,003
37,721
20,159
17,228
16,495
6,861
2,355
1,519
273
151
2,334
100
70.60
15.25
8.59
1.98
1.06
0.90
0.87
0.36
0.12
0.08
0.01
0.01
0.12
Amount (000 P)
49,169,788
6,040,899
17,577,207
8,900,613
13,623,435
138,863
365,705
105,974
1,694,588
146,546
158,357
101,566
22,389
293,646
Share (%)
100
12.28
35.74
18.10
27.70
0.28
0.74
0.21
3.44
0.29
0.32
0.20
0.04
0.59
Seaweeds
Seaweeds farmed in the Philippines comprise two major groups: (i) those farmed
for extraction of industrial chemicals, i.e., eucheuma; and (ii) edible species, principally
caulerpa. The farming of seaweeds is the Philippines largest aquaculture operation and
the Philippines is the worlds largest producer of farmed eucheuma. ARMM is the most
important seaweed producing region followed by Region IV-B, Region IX, and Region VII.
All other regions except for CAR now produce seaweeds, some on a seasonal basis.
Milkfish
Milkfish (bangus) thrive in fresh-, brackish- and marine waters and are a popular
fish to farm in earthen ponds, net cages, and pens. The Philippines is the top milkfish
producing country in the world with 289,952 t produced in 2005. The top three milkfish
producing regions are Regions VI, I and III, all producing more than 60,000 t each. Despite
being the most important farmed fish species in terms of both quantity and value, it is not
even among the ten most important fishery export products of the Philippines because it
is consumed locally. Production technology of milkfish ranges from traditional systems
(shallow brackishwater fishponds) using purely natural food to intensive shrimp ponds
converted to milkfish production using pumps and aerators. Extensive systems for bangus
were producing 500 kg per hectare per 4 to 5 month cycle compared to 10 t per ha per
cycle for intensive systems with the latter incurring higher energy costs. Aside from ponds,
milkfish is also raised in freshwater fish pens such as that practiced in Laguna de Bay and
in pens and cages in marine waters as practiced in Lingayen Gulf.
Tilapia
Tilapia is the third most important species produced in the Philippines with a
production of 163,003 t in 2005 contributing 8.6% to total aquaculture production by
quantity and 18.1% by value. It is produced mainly in Regions III and IV-A, each producing
72,346.60 and 53,965.10 t, respectively. Most of the countrys 14,531 ha of freshwater
fishponds are located in Region III while tilapia production from Region IV-A comes
mainly from fish cages in Laguna de Bay and Taal Lake.
Shrimps
In the early 1990s, the Philippines was the third most important shrimp producing
country after Thailand and Indonesia, with a production of over 90,000 t, primarily of
black tiger shrimps (Penaeus monodon). However, bacterial disease caused the industry
to collapse to half its production levels and has not yet fully recovered. Current interest
is spurred by P. Vannamei, which originated from the Pacific side of south America, and
which was met with strong opposition from local NGOs and producers alike. BFAR lifted
the ban on its production in January 2007 after experimenting on a Specific Pathogen Free
broodstock and drafting specific guidelines on its culture.
Oysters and Mussels
Oysters and green mussels are the only two species of mollusks farmed significantly in
the Philippines for food. Oyster farming has remained in shallow sub-tidal areas where the
spats are collected. These areas are now increasingly subjected to domestic pollution with
its consequential effect on quality and food safety. While mussels are farmed in deeper
waters, these areas also face problems of contamination due to increasing organic loading
from urbanization. Both oysters and mussels are affected by periodic harmful algal blooms,
especially of red tide organisms which cause paralytic shellfish poisoning.
10
A listing of major farmed species, their common names, production environments and
farming systems are summarized in Table 4.
Table 4. Common farmed species, their common names, culture environment and culture systems
Species
Nile tilapia
Common carp
Freshwater
Ornamental fish
African catfish
Giant freshwater
prawn
Bighead carp
Milkfish
Seabass
Grouper
Pompano
Rabbitfish
Sergeantfish
Seaweeds
Oysters
Mussels
Tiger prawn
Penaeus vannamei
Mudcrab
Common Filipino
Marine
Name / Local Name
Finfish
Cages and
Pla pla; tilapia
pens
Brackishwater
Freshwater
Various (koi,
guppy, goldfish)
Hito
Ponds, cages,
tanks
Ponds, pens,
and cages
Tanks, water
receptacles
Ponds, tanks
Ulang
Ponds, tanks
Ponds
Carpa
Carpa, maya-maya
Bangus
Ponds, cages
Cages, pens
Apahap
Cages, pens
Lapu-lapu
Cages, pens
Pampano
Cages, pens
Danggit, barangen,
Cages, pens
samaral
Cobia
Cages
Aquatic plants
Floating
Eucheuma, Caulerpa
lines, stakes,
monolines
Shells and crustaceans
Stakes, lines,
Talaba
and rafts
Stakes, lines,
Tahong
and rafts
Sugpo
Hipong puti;
Pens, cages
white shrimp
alimango
Ponds, pens,
and cages
Ponds
Ponds
Ponds
Ponds
Ponds
Ponds
Ponds, cages,
pens
11
12
Fishfarm
organic
Fishfarm
effluents
organic
effluents
13
especially those directly under cages and results in sediment anoxia and sulfide
toxicity.
Seagrass diversity is reduced as a result. Coral reefs are also affected by
sedimentation and eutrophication. Fish excretion and pellet leaching add to
nutrients to the water column which can lead to eutrophication.
Introduction of exotic species. The world-wide expansion in aquaculture has
resulted in an increase in the number of species of aquatic animals and plants which
are moved beyond their native ranges (Welcomme1988). These translocations may
have adverse effects on aquaculture and wild species, either through introduction
of new diseases or competition with native species. Philippine aquaculture relies
on alien species, particularly in freshwater systems. The major farmed freshwater
fish, Nile tilapia, most of the lesser farmed freshwater species including bighead
carp, African catfish, common carp and all freshwater aquarium species are alien
species and others are being eyed as possible candidates for aquaculture. This always
carries potential risks, as the Philippines found at great cost to rice farmers after
allowing the importation of the golden apple snail on spurious grounds that exports
of escargots would result (Acosta and Pullin 1991).
Biodiversity. Aquaculture can affect local biodiversity in many ways. The use of
wild-caught fry is still common for some particular marine species. Repeated fishing
for the juveniles of certain species can drastically alter species composition by
preventing some of them from bring recruited into the reproductive population. The
escape of alien species such as salmon and tilapia can also have deleterious effects
on biodiversity.
Spread of pests and diseases. Intensive aquaculture has a risk of transmitting
pathogenic organisms to wild fish stocks. Diseases and parasites from outside the
farm can easily be introduced by transporting fry/fingerlings from other parts of
the country and by importing fish from abroad with proper quarantine procedures.
Diseases and parasites acquired or developed under hatchery conditions can be
transmitted to the wild population as fry/fingerlings are stocked in cages. Viral and
bacterial diseases due to self-pollution decimated the shrimp farming industry
in the 1990s. In Negros Occidental, which was the leading province for intensive
shrimp culture, production of shrimps dropped from a high production level of
90,426 metric tons in 1984 to 25,000 mt in 1994 to white spot disease.
Misuse of chemicals and antibiotics. Pharmaceuticals such as antibiotics used
to treat diseased fish can have effects on wild fish populations and other organisms
although it is difficult to estimate these secondary effects on the surrounding ecology
and environment. In shrimp farms, the use of antibiotics (e.g. chloramphenicol and
nitrofurans) was the first line of defense against the bacterial pathogens applied
by shrimp farmers in the Philippines at the height of the disease outbreak. In
brackishwater fishponds, a former practice of controlling snail pests (e.g. Cerithidea
cingulata) and fish predators in the past was with non-environmentally friendly
organo-phosphate and tin-based chemicals which are now banned. Pesticides used
in agricultural farms, i.e., mainly organochlorines, pollute the aquatic environment
14
as run-off which is both harmful to fish and humans. Indiscriminate use of such
chemicals and the potential hazard to human health and possibility of bacterial
resistance development are major concerns.
Dependence on raw (trash) fish and fish meal. The dependence of cultured
fish on wild-caught fish is astounding. Fish oil and fish meal, which are essential
ingredients of feeds, ultimately come from wild stocks. Studies have shown that
1/3 of all wild-caught fish is used to make feed for aquaculture. On average, it can
take 5-12 kg of feed to produce 1 kg of finfish such as grouper, snapper, and seabass
(www.wwf.org). Based on PHILMINAQs estimates, about 160,000 tons of wildfish/
feeds are wasted in tilapia pens, cages, and ponds while more than 160,000 tons
are wasted for bangus culture. While some argue that trash fish is not suitable for
human consumption, in less developed countries such as the Philippines, even trash
fish is eaten. Furthermore, these small fish species have vital roles in the ecosystem
mainly as food for larger species of fish.
15
Mussel and
oyster
Abalone
Sea urchins
Negligible yet
Mudcrab
Shrimps
P. vannamei
P. monodon
Milkfish
Tilapia
Environmental impacts of too many ponds sited in the wrong place, intercepting
or abstracting too much water and releasing untreated, nutrient-rich pond
effluents and sediments during harvesting
Organic loadings (waste feed and fish excreta) that inevitably result from cage
aquaculture cause eutrophication, as manifest by higher phytoplankton biomass
and primary productivity and depletion of dissolved oxygen and accumulation
of H2S in bottom waters. Under certain conditions cooling of surface water
following rain, for example, or the draw-down of a reservoir up-welling of
bottom water to the surface can occur resulting in fish kills.
16
17
18
2
Chapter
National agencies
with mandates towards aquaculture management
This section identifies national agencies which perform functions related to aquaculture
management and mitigation of its negative impact on the environment. First, the national
agencies with mandates pertaining to production processes in aquaculture are identified
and their mandates briefly discussed. The focus is mainly on the production side due to the
more pronounced impacts of various inputs and processes on the environment whilst lesser
impacts arise from post production activities such as marketing and transport. Second,
the national agencies which perform support functions to aquaculture management are
identified and lastly, the mandates of the Department of Agriculture (DA)-Bureau of
Fisheries and Aquatic Resources (BFAR) in aquaculture management are presented.
While the focus of this section is on national agencies, most of the responsibilities
discussed herein are in fact shared with LGUs.
19
20
anaesthetics, chemotherapheutants, are under the jurisdiction of the Bureau of Food and
Drugs Administration. The BFAR Fish Health Section is also involved in disease control and
food safety through their residue monitoring program and together with the Department
of Health (DOH), implements regular activities to identify/ban certain substances proven
harmful to fish health.
Among the banned substances per DA-DOH Administrative Orders No. 61 and 90, series
of 1990, and DA-DOH AO. No. 2, series of 2000, are antibiotics, namely, chloramphenicol
and nitruforans, due to its carcinogenic, mutagenic and genotoxic properties. In a MOA
executed by BFAR and the BAI, the Fish Health Section of BFAR was recognized as having
the capability for the monitoring of feeds, veterinary drugs, and biologics in aquaculture,
and as such has deputized BFAR Fish Health Officers as Aquatic Animal Feed and
Veterinary Drug and Product Control Officers (see also Chapter 4, question 13).
There are two special cases governed by two laws which affect the conduct of
aquaculture operations: (a) ancestral domain areas and (b) provinces which are included
in the Autonomous Region of Muslim Mindanao (ARMM).
First, territories classified as being within ancestral domains as defined by RA 8371
or the Indigenous Peoples Rights Act of 1997, are under the jurisdiction of the Indigenous
Cultural Communities (ICC) or Indigenous Peoples (IP)s therein, who have full authority
over ancestral lands, forests, pasture, residential, agricultural, and other lands individually
owned whether alienable and disposable or otherwise; hunting grounds: burial grounds;
worship areas; bodies of water; mineral and other natural resources; and lands which may
no longer be exclusively occupied by ICCs/IPs, but from which they traditionally had
access to, for their subsistence and traditional activities, particularly the home ranges of
ICCs/IPs who are still nomadic and/or shifting cultivators.
The ICC/IPs, through their designated Council of Elders have the following regulatory/
control functions within their territories: (i) regulating entry of migrants and other entities;
(ii) regulating use of activities that may adversely affect their airspace, bodies of water and
lands; and (iii) review and monitoring of development projects through submission of the
Environmental Conservation and Protection Program. Air and water pollution are acts
which can be penalized by the ICC/IP Council consistent with their customary laws.
RA 6734, an act providing for an organic act for the ARMM, and covering the
provinces of Sulu, Tawi-Tawi, Maguindanao, Lanao del Sur, and the latest to join
the group, Sharif Kabunsuan, paved the way for the enactment of a localized Fisheries
Law, the ARMM Aquatic and Fisheries Code of 1999, also known as Muslim Mindanao
Autonomy Act (MMMA) No. 86. Said law applied and adapted the Fisheries Code and
created local institutions for its implementation, i.e, the Department of Fisheries and
Aquatic Resources (DFAR), devolved regulatory functions to said institutions, but
retained the main provisions of the Fisheries Code. Among the highlights of MMAA No.
86 which are relevant to aquaculture include the following: (i) approval of fishpond lease
agreements (FLA)s by Regional Governor; (ii) determination of lease rates by the DFAR;
(iii) provision of environmental mitigation facilities such as settling ponds by the fishpond
lesee;(iv) joint identification of abandoned, unutilized fishponds by DENR-ARMM and
Regional Department for subsequent reversion to forest lands. MMAA 86 recognizes the
role of municipalities in zoning, permitting, and licensing of aquaculture activities and
fishing operations within their jurisdiction.
21
Table 6. National agencies with jurisdiction over specific aquaculture processes and inputs and
summary environmental impacts
Aquaculture
process
Environmental
impacts
Destruction of
sensitive ecosystems,
flora and fauna;
Increased demand
for water sources
Seed supply
from wild
Overharvesting of
seeds from the wild
leading to biodiversity
loss and changes
in ecosystem
Feeds
Overfeeding and
inefficient feed
conversion leads to
changes in water
quality, increased
turbidity, and
sedimentation
Fertilizers
Run-off from
ponds and farms
Drugs
Used to treat
fish diseases and
prophylactics
Post-harvest
processes
BFAR
Site selection
Inputs to production
processes (hatchery,
nursery, growout phases)
Run-off
* Jurisdiction is shared with LGUs in issues pertaining to site selection, sourcing of seeds, and supply of
seeds from hatchery faclities.
Lastly, Department of Interior and Local Government (DILG) assists the President in
the supervision of the LGUs, promotion of local autonomy, and the implementation of the
Local Government Code. It provides assistance towards legislation, law enforcement and
public safety and through its attached agencies, mainly the Local Government Academy,
and provides human resources training to enhance all aspects of local governance.
22
National Agency
DA
DA-BFAR
Enforcement
of pollution
control laws
Specific function(s)
Identification of and planning
for Strategic Fisheries and
Agricultural Development Zones
Formulation and implementation
of the Comprehensive Fishery
Industry Development Plan
Formulation of Medium Term
Development Plan
DENR, FMB
DENR, EMB
DA-BFAR
Functions pertaining solely to commercial fishing were culled from the above list.
23
fishing activities in international waters, and ensure that such agreements are not contrary to
Philippine commitment under international treaties and convention on fishing in the high seas;
(e) formulate and implement a Comprehensive Fishery Research and Development Program, such
as, but not limited to, sea farming, sea ranching. tropical/ornamental fish and seaweed culture,
aimed at increasing resource productivity, improving resource use efficiency, and ensuring the
long-term sustainability of the countrys fishery and aquatic resources;
(f) establish and maintain a Comprehensive Fishery Information System;
(g) provide extensive development support services in all aspects of fisheries production, processing
and marketing;
(h) provide advisory services and technical assistance on the improvement of quality of fish from
the time it is caught (i.e. on board fishing vessel, at landing areas, fish markets, to the processing
plants and to the distribution and marketing chain);
(i) coordinate efforts relating to fishery production undertaken by the primary fishery producers,
LGUs, FARMCs, fishery and organizations/cooperatives;
(j) advise and coordinate with LGUs on the maintenance of proper sanitation and hygienic practices
in fish markets and fish landing areas;
(k) establish a corps of specialist in collaboration with the Department of National Defense,
Department of Interior and Local Government, Department of Foreign Affairs for the efficient
monitoring, control and surveillance of fishing activities within Philippine territorial waters and
provide the necessary facilities, equipment and training therefor.
(l) implement an inspection system for import and export of fishery/aquatic products and fish
processing establishments consistent with international standards to ensure products quality
and safety;
(m) coordinate with LGUs and other concerned agencies for the establishment of productivity
enhancing and market development programs in fishing communities to enable women to engage
in other fisheries/economic activities and contribute significantly to development efforts;
(n) enforce all laws, formulate and enforce all rules and regulations governing the conservation and
management of fishery resources, except in municipal waters, and to settle conflicts of resource
use and allocation in consultation with the NFARMC, LGUs and local FARMCs;
(o) develop value-added fishery-products for domestic consumption and export;
(p) recommend measures for the protection enhancement of the fishery industries;
(q) assist the LGUs in developing their technical capability in the development, management,
regulation, conservation, and protection of the fishery resources;
(r) formulate rules and regulations for the conservation and management of straddling fish stocks
and highly migratory fish stocks; and
(s) perform such other related functions which shall promote the development, conservation,
management, protection and utilization of fisheries and aquatic resources.
Several functions have relevance to the aquaculture sub-sector while there are others
that explicitly mention coordination and/or support for LGUs. Items (a) and (e) refer to
two plans: the first refers to a fishery industry development plan while the second covers
24
research with the latter explicitly mentioning aquaculture activities such as sea farming,
sea ranching, and the culture of tropical/ornamental fish and seaweed. Item (f) refers to
a fishery information system while item (g) refers to general development support in all
aspects of production, marketing and processing. Coordinative linkages with LGUs are
stated in items (i), (j), (m) and (q) which deals with improving productivity, sanitation
and hygienic practices, productivity enhancement including improving access of women
to livelihood opportunities, and general technical support to LGUs in the management,
regulation, conservation, and management of fishery resources.
Beyond these general mandates, a closer examination of the Fisheries Code will show
the various functions specific to aquaculture management which includes the following:
Regulation and Monitoring
assistance to LGUs in prescribing minimum standards for fish hatcheries, fish breeding
facilities and private fishponds;
drafting and implementation of code of practice for aquaculture; and
determination of carrying capacity of lakes and rivers.
Protection/Conservation
determination of, and in coordination with the DENR, areas or portions of available
public lands certified as suitable for fishpond purposes to be declared as reservation,
fish sanctuary for conservation and/or ecological purposes.
Technical Assistance
25
26
3
Chapter
Local level
aquaculture management
In this section, the jurisdiction of LGUs (be it barangays, municipalities, cities, or
provinces) to manage aquaculture is given more emphasis and the policy framework
for LGU powers and functions is further explained. The second section culls specific
provisions of the Local Government Code (LGC) with direct and indirect applications to
aquaculture while the last section identifies pre and post Local Government Code policies
which may be directly implemented by LGUs or used as guidance for local legislation,
planning, and enforcement.
27
3.1 Jurisdiction
Two major policies, RA 7160 or the Local Government Code (LGC) and RA 8550 or
the Fisheries Code (FC), provide the scope for fisheries and aquaculture management of
LGUs. Both policies explicitly recognize the jurisdiction of LGUs to manage all aquaculture
occurring in municipal waters. The authority of LGUs to manage the environmental impacts
of land-based aquaculture can be derived from its general powers of land use planning,
maintaining peace and order, maintaining ecological balance, taxation, enforcement, and
legislation, which is guaranteed by the LGC as well as other national policies.
The LGC defined municipal waters in Book II, Local Taxation and Fiscal Matters,
taking off from the definition earlier provided in PD 704 but expanding the area of municipal
waters from three (3) nautical miles to fifteen (15) kilometers from it.
Sec 131(r) of the LGC defines municipal waters to include not only streams, lakes,
and tidal waters within the municipality, not being the subject of private ownership
and not comprised within the national parks, public forest, timber lands, forest
reserves or fishery reserves, but also marine waters included between two lines drawn
perpendicularly to the general coastline from points where the boundary lines of the
municipality or city touch the sea at low tide and a third line parallel with the general
coastline and fifteen (15) kilometers from it. Where two (2) municipalities are so
situated on the opposite shores that there is less than fifteen (15) kilometers of marine
waters between them, the third line shall be equally distant from opposite shores of the
respective municipalities.
Consistent with the spirit of Book II which explains the revenue-generating and
taxation powers of LGUs, Sec. 149 identifies fishery rentals, fees and charges as revenue
sources, and reiterates the exclusive authority of municipalities to grant fishery privileges
in municipal waters. Section 149 highlights the following concepts relevant to aquaculture:
(i) erection of fishing/aquaculture structures such as for oysters, mussels, or bangus fry
area within a definite zone; (ii) preferential right given to organizations and cooperatives
of marginal fishers; (iii) exemption of marginal fishers who gather, take, or catch bangus
fry, prawn fry, or kawag-kawag free of any rental, fee, or charges; and (iv) provide penalties
for any forms of deleterious fishing.
The Fisheries Code, per Rule 3.1, clearly defines the jurisdiction of the BFAR vis-vis LGUs, as follows: the Department, through the Bureau of Fisheries and Aquatic Resources
(BFAR), in cooperation with concerned national agencies, shall have the responsibility and jurisdiction
in the management, conservation, development, protection, utilization, and disposition of all fisheries and
aquatic resources of the country, except municipal waters. However, in municipal waters the DA-BFAR
may coordinate with and assist the LGUs, FARMCs, and other government agencies concerned in the
development, conservation, protection, utilization and management of fisheries and aquatic resources.
Jurisdiction is accompanied by the functions exercised by LGUs including
management, conservation, development, protection, utilization, and disposition of all fish
and fishery/aquatic resources within their respective municipal waters. With reference to
governance functions of planning, legislation, and enforcement, i.e., the municipal/city
government may, in consultation with the FARMC, enact appropriate ordinances for this
purpose and in accordance with the National Fisheries Policy. The ordinances enacted
by the municipality and component city shall be reviewed pursuant to Republic Act No.
7160 by the sanggunian of the province which has jurisdiction over the same. The LGUs
shall also enforce all fishery laws, rules and regulations as well as valid fishery ordinances
enacted by the municipality/city council.
28
LGUs have sufficient general and regulatory jurisdiction under the provisions of the
LGC to implement the various provisions of the Fisheries Code until otherwise overruled
by a national regulation issued by the DA-BFAR.2 This is reinforced by regulatory powers
over all activities occurring within their territories, especially the power to:
(a) prescribe reasonable limits and restraints on the use of property within their
territorial jurisdiction,3
(b) adopt a comprehensive land use plan,4
(c) regulate businesses within the municipality as well as the conditions under which
a license for such business may be issued or revoked,5
(d) protect the environment and impose appropriate penalties for acts which endanger
the environment,6
These provisions imply that the jurisdiction of LGUs on aquaculture activities is not
limited to municipal waters alone but covers even land-based culture systems such as
tanks, concrete ponds, and small water impoundments, to name a few.
Options available to local governments for aquaculture management as provided by
the Fisheries Code include, among others, the following:
This is due to the interplay of Sec. 5(a) of the Local Government Code, which allows for any provision on the power of LGUs to
be interpreted its favor, Sec. 16 of the Fisheries Code which mandate the LGUs to enforce all fishery laws, rules and regulations
as well as their own fishery ordinances, and the general regulatory powers of LGUs. Since the validity and effectivity of laws
is not affected by the absence of administrative rules, and the LGUs are charged with a general mandate to implement all
national laws, it may be validly argued that LGUs may enact ordinances that provisionally determine how such laws are
implemented and enforced within their territories in the absence of implementing rules issued by the pertinent national
agency in order to prevent a vacuum in the enforcement of the law. In deciding whether a provision of the Fisheries Code can
be implemented by the LGU even in the absence of an implementing rule issued by a national agency, the question that must
be asked is whether the provision is so worded as to make its implementation dependent on exclusive action by the latter.
Fisheries Code, Sec. 51 and Local Government Code, Sec. 20(c), Sec. 447 (a)(2)(vii), (a)(2)(viii), (a)(2)(ix)
Local Government Code, Sec. 16 and Fisheries Code, Sec. 46, 81,92
10
11
12
13
14
29
and enforce fishery laws, rules and regulations and municipal ordinances including
the following: (i) obstruction to navigational paths; (ii) obstruction to migration
paths of particular species; and (iii) aquatic pollution.15
Solid waste collection system must also include those generated by aquaculture
in freshwater, brackishwater, and marine waters such as:
Uneaten feeds
Cage materials (poles, bamboos, nets, etc), feed bags, human waste, and
dead fish
Conflict of aquaculture area with other uses such as tourism; also threat to
hygiene and sanitation
30
Fisheries Code, Sec. 124 and Local Government Code Section 17(b)(2)(i)
The Province may establish cooperatives and other organizations of fish farmers.
FLA lessees may be required to plant mangroves
Province should enforce pollution control laws and other laws on the protection
of the environment
(a) Municipalities shall have the exclusive authority to grant fishery privileges in the
municipal waters and impose rentals, fees or charges therefor in accordance with
the provisions of this Section.
31
The power to grant fishery privileges also comes with the power to withhold
certain rights subject to local ordinances
The punong barangay, as the chief executive of the barangay government, shall
exercise such powers and perform such duties and functions, as provided by this
Code and other laws including:
32
Negotiate, enter into, and sign contracts for and in behalf of the
barangay, upon authorization of the sangguniang barangay;17
16
17
18
19
20
21
22
Section 444(1)(i)
23
Section 444(1)(ii)
24
Section 444(1)(iv)
25
Section 444(1)(vi)
26
Section 444(1)(vii)
27
Section 444(1)(xvi)
33
(2) Initiate and maximize the generation of resources and revenues, and apply
the same to the implementation of development plans, program objectives
and priorities as provided for under Section 18 of this Code, particularly those
resources and revenues programmed for agro-industrial development and
country-wide growth and progress, and relative thereto, shall:
Issue licenses and permits and suspend or revoke the same for any
violation of the conditions upon which said licenses or permits had
been issued, pursuant to law or ordinance;28
(3) Ensure the delivery of basic services and the provision of adequate facilities as
provided for under Section 17 of this Code.
Why is this provision relevant to aquaculture?
LGU has authority to revoke permits for illegal structures or those that do not
comply with provisions of the contract
LGU has powers to react to localized emergencies (such as fish kills) and secure
support from national agencies for assistance
34
28
Section 444(3)(iv)
29
Section 444(3)(vii)
RA 9275 covers the protection and preservation of fresh, marine and brackishwater
resources with its main objectives being the (i) control of pollution of waters;
(ii) development of an integrated water quality management framework; (iii)
greater accountability for short and long term impacts of pollution; and (iv)
environment friendly enterprises. The law also defines beneficial use of water to
include aquaculture activities.
LGUs are responsible for the management and improvement of water quality
within their territorial jurisdictions. Through the Environment and Natural
Resources Office (ENRO), established through the LGC, the following duties
have been assigned, i.e., monitoring of water quality, emergency response, and
prevention and control of water pollution. In provinces/cities/municipalities
where there are no ENROs, the local executive concerned may, with the approval
of the Secretary of the DENR designate any of his official and/or chief of office
preferably the provincial, city or municipal agriculturist, or any of his employee
who must have sufficient experience in environmental and natural resources
management, conservation and utilization.
RA 9147
Wildlife Act (2001)
What this policy is all about:
RA 9147 seeks to conserve the countrys wildlife resources and their habitats. RA
9147 also clarifies the jurisdiction of the DENR and the DA in the implementation
of the law, as follows: the DENR shall have jurisdiction over all terrestrial plant
and animal species, all turtles and tortoises and wetland species, including but
not limited to crocodiles, waterbirds and all amphibians and dugong while the
DA shall have jurisdiction over all declared aquatic critical habitats, all aquatic
resources including but not limited to all fishes, aquatic plants, invertebrates
and all marine mammals, except dugong. In the Province of Palawan, jurisdiction
35
RA 9147 allows for the designation of critical habitats outside protected areas
under Republic Act No. 7586, where threatened species are found.
RA 9003
Ecological Solid Waste Management Act (2000)
What this policy is all about:
36
The LGUs are in charge of implementing and enforcing the law within
their respective jurisdictions. Segregation and collection of biodegradable,
compostable and reusable wastes are to be conducted at the barangay level
while collection of non-recyclable materials and special wastes shall be the
responsibility of the municipality or city.
RA 8435
Agriculture and Fisheries Modernization Act (Afma) (1997)
What this policy is all about:
Per Section 90 of RA 8435, LGUs are tasked with the delivery of direct agriculture
and fisheries extension services with the provincial governments in charge of
integrating the operations for the agriculture extension services.
RA 8371
Indigenous Peoples Rights Act (1991)
What this policy is all about:
RA 8371 promotes equal rights ICCs/IPs and bestows upon them ownership
and beneficial use of ancestral lands/domains which is defined according to
traditional practice and shall consist of lands, inland waters, coastal areas,
minerals and other natural resources.
37
RA 7586
National Integrated Protected Areas System (NIPAS) Act (1991)
What this policy is all about:
LGUs whose territorial jurisdiction or parts therein which are found within
a NIPAS site shall participate in the development of the Protected Area
Management Plan and shall be a member of the PAMB.
30
38
DENR, DA-BFAR, DILG and CRMP. 2001. Philippine Coastal Management Guidebook No. 2: Legal and Jurisdictional Framework
for Coastal Management. Coastal Resource Management Project of the Department of Environment and Natural Resources,
Cebu City, Philippines, 170 p.
Several laws, enacted prior to the Local Government Code, are still useful and
relevant for managing the environmental impacts of aquaculture. LGUs can refer
to these laws which (i) set an upper limit on prohibited acts and/or (ii) provide
national standards and guidelines. RA 6969, Toxic and Hazardous and Nuclear
Wastes Act (1990), enumerates and defines what are toxic and hazardous wastes.
The law regulates and restricts the importation, manufacture, processing, sale,
distribution, use and disposal thereof. LGUs should be provided with or should
demand appropriate information concerning some drugs and chemicals used in
aquaculture. Said use should be adequately monitored to ensure that no aquaculture
operation utilizes any of the toxic and hazardous chemicals banned by law. PD 856,
Sanitation Code of the Philippines (1975) specifically rules that oysters shall be
planted and grown only in areas approved by the Secretary or his duly authorized
representatives and in places duly licensed by the Bureau of Fisheries and Aquatic
Resources. Likewise, oysters offered for sale, if not originating from approved areas,
shall be confiscated and destroyed by the local health authority. The same is true for
fish caught in radioactive zones as well as in areas contaminated by toxic substances
or high in mercury count.
PD 984, the Pollution Control Law of 1976 prohibits any form of disposition
of any organic or inorganic matter or any substance in gaseous or liquid form that
shall cause pollution to any of the water, air and/or land resources of the Philippines.
PD979, or the Marine Pollution Decree of 1976 specifically deals with marine
pollution arising from the dumping of wastes and other matter. PD 979, while
recognizing the assimilative capacity of the seas to dilute waste matter, also accepts
its limited capacity. Waste materials generated by mariculture activities defined by
law as being either discharge or refuse should not be dumped or discharged into
the seas from any floating structures. The prohibition for dumping also includes
coastal areas and banks of rivers where deposits of pollutants may be flushed to
water bodies during rains or floods. A related law is PD 1067, or the Water Code of
the Philippines of 1976, which establishes recreation/easement zones in banks of
rivers and streams and shores of seas and lakes. The siting of aquaculture operations
should conform to the rules on easement as provided by PD 1067.
PD 1152, Philippine Environment Code of 1977 prescribes environmental
quality standards for air, water, land, fisheries, and aquatic resources, wildlife, soil,
and mineral resources. However, the provision which is most relevant to aquaculture
management is the establishment of water quality management standards;
classification of Philippine waters; and identification of beneficial use of said bodies
of water. DENR Administrative Order (DAO) 34, series of 1990, implements PD 1152
39
by providing water usage and classification/ water quality criteria while DAO 35,
series of 1990, provides for effluent standards. PD 1586 establishes the Environmental
Impact Statement (EIS) system; the applicability of the EIS system to aquaculture is
discussed in greater detail in Chapter 4.
Enforcement of national laws and local ordinances is one of the inherent
functions of LGUs but knowing which national agency can be of assistance in
enforcement is an advantage. Policies related to enforcement of pollution laws and
coastal environment protection are as follows: (i) RA 6975 (1990) which creates
the Maritime Police Unit and tasks it to perform all police functions over Philippine
territorial waters and rivers; (ii) PD 600 (1974) which assigns to the Philippine Coast
Guard the primary responsibility to enforce laws, rules, and regulations governing
marine pollution; (iii) PD 601 (1974) which revises RA 5173 or the Philippine Coast
Guard (PCG) Law, consolidates fragmented functions, and transfers the PCG to the
Department of Transportation and Communications; (iv) PD 1160 (1977) which
directs the Secretary of Natural Resources to train barangay officials as deputy
fish wardens and/or deputy forest wardens; (v) Executive Order (EO) 117 (1993)
establishes the Inter-Agency Task Force for Coastal Environment Protection; and
(vi) Administrative Order (AO) 114 (1989) constitutes the Presidential Committee
on Illegal Fishing and Marine Conservation.
40
4
Chapter
A
Question
&
Answer
Guide
A Question & Answer
Guide
1. What is aquatic pollution and which agency(ies) have jurisdiction over aquatic
pollution?
The Fisheries Code provides a definition for aquatic pollution: the introduction
by human or machine, directly or indirectly, of substances or energy to the aquatic
environment, which results or is likely to result in such deleterious effects as to harm
living and non-living aquatic resources, pose potential and/or real hazard to human health,
hindrance to aquatic activities as fishing and navigation, including dumping/disposal of
waste and other marine litters, discharge of petroleum or residual products of petroleum
or carbonaceous materials/substances and other radioactive, noxious or harmful liquid,
gaseous or solid substances, from any water, land or air transport or other humanmade structure. Deforestation, unsound agricultural practices such as the use of banned
chemicals and excessive use of chemicals, intensive use of artificial fish feed, and wetland
conversion, which similar hazards and deleterious effects shall also constitute aquatic
pollution. BFAR is the national agency mandated to implement the Fisheries Code.
41
The DENRs jurisdiction over aquatic pollution is supported by several laws. First is
through its implementation of RA 9275 or the Clean Water Act which covers the protection
and preservation of fresh, marine, and brackishwater resources. Among the objectives of RA
9275 are to control pollution of waters, develop an integrated water quality management
framework, encourage more accountability for short and long term impacts of pollution,
and encourage environment friendly enterprises. RA 9275 also defines beneficial use of
water to include aquaculture activities. The DENR is also the implementing authority for
PD 984, the Pollution Control Law; PD 825 which penalizes improper waste disposal; and
RA 6969, Toxic Substances and Hazardous and Nuclear Wastes Control Act.
PD 979, the Marine Pollution Decree of 1976, vests on the DENR-EMB the authority
to promulgate rules and policies concerning marine pollution due to dumping of wastes;
however, the enforcement of said law is assigned to the Philippine Coast Guard (PCG)
per PD 601 while RA 6975 gives authority to the PNP-Maritime Group to enforce all laws,
including those of marine pollution, in all waters of the Philippines.
2. How can the EIS system be used to prevent, mitigate, and monitor potential
environmental impacts of aquaculture?
42
All areas declared by law as national parks, watershed reserves, wildlife preserves and
sanctuaries;
Areas which constitute the habitat for any endangered or threatened species of
indigenous Philippine Wildlife (flora and fauna);
which act as natural buffers against shore erosion, strong winds and storm
floods;
With this exhaustive list, the scope for application of the EIS system is enormous
and covers both ECPs and projects in ECAs. Aquaculture activities are found in protected
areas (Sarangani Seascape); areas with scientific interests (Bolinao reefs); areas with
endangered or indigenous species (maliputo and tawilis in Taal Lake); and areas near or at
mangrove areas and coral reefs. However, the coverage of the EIS system evolved through
the years.
Technical definitions of ECPs were later articulated via Revised Procedural Manual
for DAO 2003-30 which clarified the inclusion of fishponds located in inland water bodies
such as lakes and rivers, etc, and those which are greater or equal to 100 hectares as being
environmentally critical. PD 704, which was operative during this period, provides that
fishpond lease agreements take on the maximum area of 50 hectares for individuals and 500
hectares for corporations implying that all fishpond projects subsequently developed after
issuance of PD 1586 and its administrative instruments, and subscribing to the maximum
area prescribed by PD 704 are all environmentally critical projects.
DAO 2003-30 clarifies procedures for the granting of ECCs and that of certificate of noncoverage for exemptions as well as levels of levels of authority within the DENR. DAO 30
states that the processing of ECCs for ECPs are to be done by EMB-Central Office while
projects located in ECAs are to be done in the region. Furthermore, ECPs are required to
go through the entire EIA process which includes scoping and public hearing, while ECAs
are to submit Initial Environmental Examination Report (to include relevant data, mitigating
measures, monitoring and process documentation of Social Impact Assessment). Outlines
of EIS and IEE Report required of ECPs and projects in ECAs are also appended to this
order.
DAO 30 also stresses public participation and social acceptability and the establishment
of the Environmental Guarantee Fund for which contributions will be required from the
proponents. The conduct of the EIS shall be the main function of the proponent while the
role of the LGU is to ensure public participation through the conduct of public hearings
and provision of information pertinent to the project.
43
DAO 2000-05 which explains conditions for the EIS Programmatic Compliance covers
projects that fall within the following categories: a) a program consisting of a series of
similar projects, or a project subdivided into several phases and/or stages whether situated
in a contiguous area or geographically dispersed, such as energy projects; or b) a project
consisting of several components or a cluster of projects co-located in a designated area
such as an industrial estate or export processing zone.
Programmatic compliance with the environmental impact assessment system shall be
guided by carrying capacity assessments determined from ecological profiles. Ecological
profiles shall identify environmental constraints and opportunities in programmatic areas
as well as account for cumulative impacts and risks. Consistent with the provisions of the
Local Government Code, the DENR may enter into agreement with LGUs to incorporate
programmatic EIA into the preparation, updating or revision or local land use plans and
area development plans.
4. Are mariculture parks subject to EIS?
44
composition of the Multisectoral Monitoring Team shall broadly represent the sectoral
stakeholders of the project or program, and most particularly the local communities.
6. Are fish cages and pens within the scope of the EIS?
There are two criteria to determine whether cages and pens fall within the scope of
the EIS system: (i) whether they are located in an environmentally critical area (ECA) or
(ii) whether they are environmentally critical projects (ECP). Cages and pens could not
qualify as ECPs for reason of scale and also because the law specifically defines fishponds
alone as being under the EIS system. Thus, cages and pens would be within the scope of
the EIS system if they are sited in ECAs. Otherwise, they are not. However, for cages and
pens to fall within the scope EIS system, they need to be encouraged to secure an ECC.
Please refer to Annex 2 1A of the Revised Procedural Manual for DAO 2003-30 for the
details fo the scope and coverage of the Phlippines. EIS System which can be revised and
downloaded from www.emb.gov.ph
7. Mariculture parks initiated by BFAR secure an ECC before operations. Can mariculture
activities of LGUs subscribe to the EIS system?
Yes. The LGU, after site assessment, zoning, planning and enactment of ordinance,
may elect to reserve a certain zone for mariculture. The LGU, on behalf of fish farmers
(similar to the template of BFAR in mariculture parks), can go through the process of
securing a programmatic EIS.
8. Why are permits of other government agencies and LGUs not required in processing
the EIA?
Permits and licenses issued by other government agencies and LGUs are not required
in processing the ECC Application in order to avoid undue decision-making influence on
the EIA. Recommendations embodied in the ECC are intended for consideration by the
LGUs and other agencies in their decision-making processes. By so doing, environmental
concerns and measures become intrinsic parameters for planning and decision-making.
Proponents providing permits/clearances generally are predisposed to use these documents
to preempt findings of the EIA Process, thereby affecting objectivity and integrity of the
undertaking (adapted from www.emb.gov.ph).
9. How can BFAR be of help to your specific aquaculture/environment concerns and
which office can help you?
A listing of relevant BFAR offices is provided here without prejudice to the role of the
regional offices, which should be the primary source of information and a first recourse
to responding to these queries/concerns listed. The Research Division and the Fisheries
Extension, Training, and Communication Division of the Regional Field Units (RFU)s can
provide advice on technology applications relating to aquaculture. Questions pertaining to
the policy/regulatory framework may also be coursed through the RFUs which will then
seek clarification from the Central Office. Likewise the Technology Centers have been
referred to in this table in a generalized manner; the expertise of each center being described
in Appendix 1. Other national agencies such as research and academic institutions may
also be tapped for the same issues.
45
Table 8. Issues pertaining to aquaculture management and BFAR office that could provide assistance
Your query/concern
46
External factors such as those from oil spills, effluents from agriculture and industry,
and sulfur upwelling. A common cause of pollution in fish cages and pens, however, is selfpollution, which arises from overfeeding and is aggravated by high stocking densities that
also cause disease.
13. Which national office is in charge of monitoring aquatic animal feeds?
It is the BFAR Fish Health Section subject to a MOA with Animal Feeds Standards
Division of the Bureau of Animal Industry. The functions of the BFAR Fish Health Section
with respect to aquatic animal feeds include: (i) planning and directing national programs
on feeds; (ii) registration, evaluation, and inspection of establishments engaged in the
manufacture, distribution, and sale of aquatic animal feeds and drugs; (iii) dissemination
of information and education the aquaculture industry on the need for aquatic feeds; and
assist in the inspection and examination of shipment of aquatic animal feeds and veterinary
drugs and products prior to release by Customs.
14. Where to go to have your fish samples analyzed?
Fish samples may be analyzed by BFAR Fish Health Laboratories for which its
locations and contact persons are listed in Appendix 2. FAO 220 provides a schedule of
fees for specific types of services offered including the following:
47
Conduct water quality analysis related to disease diagnosis, fish health problems
and fish kill;
Conduct on-site visits to fish farms and places where there are fish health
problems;
Provide technical support on quality control of animal feeds, veterinary drugs and
chemicals in aquaculture.
15. Can the LGU declare a moratorium or ban specific aquaculture activities for particular
areas or covering some months of the year?
Yes, the both the Fisheries Code and the Local Government Code provides the LGUs
enough powers to manage their local environments by way of legislation and enforcement.
The Fisheries Code assigns full jurisdiction to cities and municipalities over their
municipal waters. The municipal/city government, in consultation with the FARMC, shall
be responsible for the management, conservation, development, protection, utilization,
and disposition of all fish and fishery/aquatic resources within their respective municipal
waters. The municipal/city government may, in consultation with the FARMC, enact
appropriate ordinances for this purpose and in accordance with the National Fisheries
Policy. Section 9 of the same law provides for the establishment of closed seasons by the
concerned LGU in consultation with the FARMC for conservation or ecological purposes.
The FARMCs may also recommend the establishment of closed seasons in municipal
waters, fisheries management and other areas reserved for the use of municipal fisherfolk.
Declaring a moratorium and/or banning specific aquaculture activities in a particular
period or area, are consistent with provision of the Local Government Code in the
maintenance of ecological balance (Sec 3(i)) and on the exclusive authority of municipalities
to grant fishery privileges and impose appropriate payments for such. If the municipality
can grant such fishery privileges, it may also elect not to do so.
16. What policies support the joint management of fishery areas?
Both the Local Government Code (LGC) and the Fisheries Code (FC) provide for joint
or cooperative undertakings among LGUs. Sec 3(f) of the LGC states that LGUs may
group themselves, consolidate or group their efforts, services, and resources for purposes
commonly beneficial to them while Section 33 reinforces this further by stating that such
undertaking may be supported through an ordinance and the donation of assets, property
and even personnel and be covered by a Memorandum of Agreement between and among
the parties involved.
Integrated management is a concept espoused by the Fisheries Code; as such,
the management of contiguous fishery resources such as bays which straddle several
municipalities, cities or provinces, shall be done jointly, and not be based on political
subdivisions of municipal waters in order to facilitate their management as single
resource systems. The LGUs which share or border such resources may group themselves
and coordinate with each other to achieve the objectives of integrated fishery resource
48
There are several categories of protected areas as provided for by RA 7586 or the
National Integrated Protected Areas System Act (NIPAS) with protected landscapes/
seascapes being one of them. By definition, protected landscapes/seascapes are areas of
national significance which are characterized by the harmonious interaction of man and
land while providing opportunities for public enjoyment through recreation and tourism
within the normal lifestyle and economic activity of these areas. Presumably, since
aquaculture can be denoted as an economic activity per definition, then there is no explicit
ban against it. This holds for as long as the Protected Area Management Plan does not
specifically ban aquaculture activities in certain areas.
18. Can the LGU require a registry of aquaculture operators?
Yes, Section 57 of the Fisheries Code provides for the registration of fish hatcheries,
fish breeding facilities and private fishponds with the LGUs. The LGUs shall prescribe
minimum standards for said facilities in consultation with BFAR. Further to this, fish pens
and cages and all other types of aquaculture operators must report the type of species and
volume of production to BFAR. It would be of interest to the LGU to monitor all types
of aquaculture operations for planning purposes, for revenue generation and taxation
purposes, and for monitoring environmental impacts.
19. Who has jurisdiction over the enforcement of fishery laws in municipal waters?
Both the LGUs and national enforcement agencies such as the Philippine National
Police-Maritime Group and the Philippine Coast
Guard. Under Section 17 of the LGC, enforcement Box 4. What are some criteria to determine
of fishery laws within municipal waters has been the limits of aquaculture impacts?
devolved to the city or municipality concerned. Aquaculture must NOT
Section 16 of the Fisheries Code reiterates the
> be irreversible;
enforcement function of LGUs.
20. Who is in charge of implementing
environment laws?
49
Small-scale mining laws and community forestry laws have been devolved to the
Province although the DENR still retains its supervisory function.
21. What policies provide penalties for violations of aquatic and/or marine pollution?
Three laws can be used to penalize violators of aquatic and/or marine pollution laws.
First is the Marine Pollution Decree of 1976 (PD 979) which prohibits the following:
a. discharge, dump, or suffer, permit the discharge of oil, noxious gaseous and liquid substances and
other harmful substances from or out of any ship, vessel, barge, or any other floating craft, or other
man-made structures at sea, by any method, means or manner, into or upon the territorial and inland
navigable waters of the Philippines;
b. throw, discharge or deposit, dump, or cause, suffer or procure to be thrown, discharged, or deposited
either from or out of any ship, barge, or other floating craft or vessel of any kind, or from the shore,
wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description
whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into
tributary of any navigable water from which the same shall float or be washed into such navigable
water; and
c. deposit or cause, suffer or procure to be deposited material of any kind in any place on the bank of any
navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable
to be washed into such navigable water, either by ordinary or high tides, or by storms or floods, or
otherwise, whereby navigation shall or may be impeded or obstructed or increase the level of pollution
of such water.
Second is the Fisheries Code, specifically Section 102. Third is the Clean Water Act,
RA 9275 (2004) which prohibits the following:
50
Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any
form that would pollute groundwater.
Operating facilities that discharge regulated water pollutants without the valid
required permits or after the permit was revoked for any violation of any condition
therein;
Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as
defined under Republic Act No. 9003;
Operate facilities that discharge or allow to seep, willfully or through gross negligence,
prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water
bodies or wherein the same shall be liable to be washed into such surface, ground,
coastal, and marine water;
Discharging regulated water pollutants without the valid required discharge permit
pursuant to this Act or after the permit was revoked for any violation of condition
therein;
Non-compliance of the LGU with the Water Quality Framework and Management
Area Action Plan. In such a case, sanctions shall be imposed on the local government
officials concerned;
The Clean Water Act upgraded the penalties for violation of Section 4, PD 979 to a
fine of not less than Fifty thousand pesos {P50,000.00) nor more than One million pesos
(P1,000,000.00) or by imprisonment of not less than one {1) year nor more than six (6) years
or both, for each offense, without prejudice to the civil liability of the offender in accordance
with existing laws. Otherwise, violators of the Clean Water Act shall be fined by the DENR
Secretary, upon the recommendation of the Pollution Adjudication Board in the amount
of not less than Ten thousand pesos (P10,000.00) nor more than Two hundred thousand
pesos (P200,000.00) for every day of violation. Failure to undertake clean-up operations,
willfully, or through gross negligence, shall be punished by imprisonment of not less than
two (2) years and not more than four (4) years and a fine not less than Fifty thousand
pesos (P50,000.00) and not more than One hundred thousand pesos (P100,000.00) per day
for each day of violation. Such failure or refusal which results in serious injury or loss of life
and/or irreversible water contamination of surface, ground, coastal and marine water shall
be punished with imprisonment of not less than six (6) years and one day and not more
than twelve (12) years, and a fine of Five Hundred Thousand Pesos (P500,000.00) per day
for each day during which the omission and/or contamination continues.
Violation of Section 102 of the Fisheries Code shall be punished by imprisonment of
six (6) years and one (1) day to twelve (12) years and/or a fine of Eighty thousand pesos
(P80,000.00) plus an additional fine of Eight thousand pesos (P8,000.00) per day until
such violation ceases and the fines paid.
22. What sanctions can be imposed on LGUs who do not comply with water quality
management plans?
Administrative sanctions can be imposed on LGUs who do not comply with the Water
Quality Management Area Action Plan in accordance with the relevant provisions of R.A.
No. 7160.
23. Can fish wardens enforce environmental laws to apply to cages and pens?
Yes, for as long as they undergone training on law enforcement and they are duly
designated fish wardens. Since they are authorized to enforce the Fisheries Code as well as
other fishery regulations, they may invoke said laws in enforcing environmental damages
caused by fish cages and pens. Furthermore, the Fisheries Code provides for penalties
against entities who may cause aquatic pollution, or those who obstruct navigation, and
migration paths of fish. Beyond what the Code provides, however, are under the jurisdiction
of the DENR.
24. Can cooperatives take over abandoned and unutilized fishponds?
Rule 49.2 does not discount the possibility of abandoned and underutilized fishponds
to (i) revert to its original mangrove state or (ii) for its use rights to be transferred to
qualified persons (including cooperatives and people organizations) in the same way that
expired and new FLAs are to granted to these groups.
51
52
No new concessions, licenses, permits, lease and similar privileges for the establishment
or operation of fish pens, fish cages, fish corrals/traps and other similar structures in
municipal areas shall be granted except to municipal fisherfolk and their organizations.
Based on the Implementing Rules and Regulations (IRR) of the Fisheries Code,
qualified fisherfolk cooperatives/associations are to be given preference in the issuance of
new and expired FLAS.
29. How can FARMCs, NGOs, and POs protect particular species in a habitat where
aquaculture activities are to commence?
POs, NGOs, FARMCs, PAMBS, and LGUs may cause the declaration of a Critical
Habitat pursuant to RA 9147 and per DENR Memorandum Circular 2007-02 which
provides guidelines for the establishment and management of critical habitats. A critical
habitat as defined refer to areas outside protected areas under RA 7586 or the NIPAS Act
which are known habitats of threatened speices and designated as such based on scientific
data taking into consideration species endemicity and/or richness, presence of man-made
pressures/threats to the survival of wildlife living in the area.
30. What is the relevance of AFMA in aquaculture management?
Aquaculture activities that occur in terrestrial areas are well within the scope of RA
8435 or AFMA with the agricultural sector being defined to include the raising of fish
while agricultural lands covering fish or aquaculture production. The roles of LGUs per
RA 8435 are as follows: (i) identification of model farms; (ii) participation in designation
of Strategic Fisheries and Agricultural Zones (SAFDZs); (iii) devolution of communal
irrigation systems from National Irrigation Administration; (iv) involvement in the National
Information Network (NIN): (v) determine with DTI, DOTC, and DPWH infrastructure
requirements in their respective areas including farm-to-market roads; and (vi) delivery of
extension services in agriculture and fisheries, with specific mention of the province.
31. What is the role of the Department of Interior and Local Government (DILG) in
aquaculture management?
DILG assists the President in the supervision of the LGUs, promotion of local
autonomy, and the implementation of the Local Government Code. It provides assistance
towards legislation, law enforcement and public safety and through its attached agencies,
mainly the Local Government Academy, provides human resources training to enhance all
aspects of local governance.
Per Section 10 of the AFMA Law, DILG shall impose penalties on cities and
municipalities which fail to prepare their land use and zoning plans, subject to provisions
of the LGC.
53
54
5
Chapter
Adapt Fisheries Administrative Order (FAO) 2141, Code of Practice for Aquaculture
(Appendix 3) and provide penalty clauses.
Another useful reference is the SEAFDEC Code of Practice for Responsible Aquaculture in Mangrove Systems for issues related
to mangroves and fishponds (www.seafdec.org.ph).
55
LGUs can enact ordinances in cases where national laws are silent for as long as
they conform to or do not contradict existing national laws.
Resource rent difference between normal financial profits and estimated economic
profit taking into account opportunity costs of labor and capital, as well as costs
of management and risk. With the assistance of research/academic institutions,
this value may be computed based on estimates of producers surplus.
Opportunity cost an alternative amount which the space/area would have earned
had it been granted to the next best use! For example, a cage or pen operation
may occupy a preferred fishing area or a snorkeling site. The opportunity cost,
therefore, is what the area would have earned if it were used either for fishing or
tourism.
Cost recovery an amount based on the average cost to be spent by the manager of
the resource, here the LGU. A cost recovery approach is based on the premise of a
contract between the user of the resource who pays for the fee, and the provider of
the resource who provides a specific service. The LGU, as a service provider, may
charge the following expenses to the users: (i) monitoring of water quality; (ii)
regular patrolling of farm areas; (iii) marketing campaigns; and (iv) maintenance
of information system, to name a few.
Resource use fee may be instituted as a performance bond which the LGU can
keep in trust, return if farm ceases operation, or utilize in cases of emergency.
Must be stated clearly in ordinance, though.
The LGU must ensure that the terms and conditions of the permit are complied
with consistent with the local ordinance. This may include the size of the cage,
number of allowable cages per applicant, location, maximum weight, and stock
density2.
56
Conduct regular monitoring and spot testing of feeds for efficiency (floats) and
presence of banned ingredients
57
Stock only healthy fry and fingerlings, and if possible, they should come from
the same source and be of the same size.4 Introduction of exotic organisms and
genetically modified organisms (GMOs) need clearance from the DA-BFAR and
must be consistent with the provisions of FAO 214.
Fish production must be limited to only two (2) crops per year to allow for the
environment to process and absorb all organic wastes. Fish production must be
confined to nine (9) months only with the remaining three (3) months used for
repair, cleaning and drying of nets.5 Washing of nets to remove fouling organisms
and facilitate water exchange must be done regularly, either onshore, or if not
possible, onsite by changing old nets, scrubbing, or by swim-through method.6
Fish cages must be installed such that there is a distance of at least 100 m between
two cages.7
5.8 ALLOW THE environment to rest FALLOW and continue monitoring until
recovery is attained!
Fallowing is recommended for terrestrial systems such as ponds and marine-based
systems such as cages and pens.
5.10
58
5.11
Oxygen depletion
Fish are in or near the
water surface
Fish are gasping for air
Fish stop feeding
Pollution
Fish are convulsing
and there is curvature
of the spine
Tetany or the fish
look drugged
Fish form in groups and
circle the shoreline
Presence of water
bubbles and oily scum
Based on Training Materials of Ms. Mercy Bantaya, BFAR Fish Health Section8
Mercy Bantaya
IMMEDIATELY HARVEST
AERATE
IF THE CAUSE IS FISH DISEASE, DISPOSE OF DEAD FISH IN A SANITARY MANNER
REPORT THE INCIDENT TO BFAR OR DENR REGIONAL OFFICE!!!!
Some reference materials on fish kills include: Barica 1976; Helfrich and Smith 2000; and Van Dolah 2000.
59
5.13
5.14
5.15
60
References
Table 9. Summary Sheet: 15 LGU Action Points
No.
Strategy or intervention
Action
or resource value.
3
Institute a farm identification system that will allow farm inspectors or even
workers of other farms to report occurrences needing immediate attention.
10
11
12
13
14
15
References
Acosta, B. O., and R. S. V. Pullin (eds.). 1991. Environmental impact of the golden snail
(Pomacea sp.) on rice farming systems in the Philippines. Summary report of the Workshop
held at the Fresh-water Aquaculture Center, Central Luzon State University, Nueva Ecija,
Philippines. ICLARM Conference Proceedings 28. 34 p.
Armada, N.B. 2004. State of the demersal fisheries, pp.42-46. In: DA-BFAR (Department
of Agriculture Bureau of Fisheries and Aquatic Resources). In turbulent seas: The
status of Philippine marine fisheries. Coastal Resources Management Project, Cebu City,
Philippines. 378 p.
Azanza, R.V., Y. Fukuyob, L.G. Yapa and H. Takayamac.2005. Prorocentrum minimum
bloom and its possible link to a massive fish kill in Bolinao, Pangasinan, Northern
Philippines. Harmful Algae4(3):519-524.
Barica, J. 1976. Nutrient dynamics in eutrophic inland waters used for aquaculture in some
countries bordering the South China Sea, with particular reference to mass fish mortalities.
FAO Working Paper SCS/76/WP/24. Fisheries and Aquaculture Department, Food and
Agriculture Organization of the United Nations, Rome, Italy.
Bureau of Agriculture Statistics (BAS). Undated. Fisheries statistics of the Philippines,
2003-2005. Bureau of Agriculture Statistics, Quezon City, Philippines, 138 p.
Burgonio, T.J. 2007. RPs mangrove cover slowly recovering, Philippine Daily Inquirer,
October 22, 2007, p. 13.
Food and Agriculture Organization (FAO). 1990. Technical resource papers regional
workshop on the culture and utilization of seaweeds. Volume II. Regional Seafarming
Development and Demonstration Project Network of Aquaculture Centres in Asia,
Bangkok, Thailand.
Food and Agriculture Organization (FAO). 2007. The state of world fisheries and
aquaculture 2006. FAO Fisheries and Aquaculture Department, Rome, 2007.
Heinig, C. 2000. Overview of Maine Department of Marine Resources Finfish Aquaculture
Monitoring Program: Eight Years of Monitoring, 1992-99. (Available from Jon Lewis),
Maine Department of Marine Resources.
Helfrich, L.A. and S.A. Smith. 2000. Fishkills: their causes and prevention. Virginia
Cooperative Extension Publication 420-252. Virginia Polytechnic Institute and State
University and Virginia State University.
Jacinto, G. 2002. Bolinao fish kill looking back. Aqua Beat 2:2.
San Diego-McGlone, M.L. and P. White. 2006. Aquaculture environmental impact on
sensitive habitats (corals, seagrasses,mangroves). Paper presented at the PHILMINAQ
Conference, 6-7 December 2006. University of the Philippines Marine Science Institute,
Diliman, Quezon City, Philippines.
Primavera, J.H. 1995. Mangroves and brackishwater pond culture in the Philippines.
Hydrobiologia 295, 303-309.
Querijero, B.V.L., C.R. Pagdilao, and S.V. ilagan. 2006. Guidelines for establishment of fish
cages and other structures in lakes and coastal waters. Proceedings of the 1st Consultation
62
References
Workshop on Guidelines for Establishment of Fish Cages in Lakes and Coastal Waters,
25-26 Oct 2001, Los Banos, Laguna.
Sotelo-Fuertes, Y. 2007. Fish cages blocking flow of river, Philippine Daily Inquirer, June
21, 2007. www.newsinfo.inquirer.net.
Van Dolah, F.M. 2000. Marine Algal Toxins: Origins, Health Effects, and Their Increased
Occurrence. Environmental Health Perspectives 108, Supplement 1: 133-141.Welcomme,
R.L. 1988. International introductions of inland aquatic species. FAO Fish. Tech. Paper
294, Rome, 318 p.
White, A. T. and A. Cruz-Trinidad. 1998. The values of Philippine coastal resources: why
protection and management are critical. Coastal Resource Management Project, USAID,
Philippines.
WorldFish and PRIMEX Final Report. 2007. Final Report Submitted to the Asian
Development Bank (ADB) and Bureau of Fisheries and Aquatic Resources (BFAR). Strategy
for Sustainable Aquaculture Development for Poverty Reduction (ADTA-4708-PHI).
www.bfar.da.gov.ph
www.seafdec.org.ph
www.wikipedia.org
www.wwf.org
63
Appendix 1
Structure, organization,
and mandates of BFAR
BFAR has the following organizational subdivisions: divisions, centers, and regional
offices. Divisions and units with primary role in aquaculture are marked appropriately in
(Fig. A.1.1)
1. Inland Fisheries and Aquaculture Division (IFAD)
At the Central Office, the Inland Fisheries and Aquaculture Division (IFAD) is the
main office in charge of aquaculture development. IFAD provides technical assistance
and advisory services on aquaculture and inland water management and formulates
and recommends policies and regulations on the proper management, protection,
rehabilitation and utilization of inland water resources for live aquatic animals
in coordination with LGUs and other concerned agencies. IFAD is also in charge
of coordinating with the LGUs and other concerned agencies the establishment
of fish hatcheries and pilot demonstration farms. Other functions of IFAD are as
follows: i) develops appropriate guidelines on implementing the Code of Practice for
Aquaculture; ii) provides standards, monitors, and coordinates aquaculture activities
in the Philippines in coordination with other organizations such as NACA, etc.; and
iii) recommends to the NFRDI researchable areas on aquaculture and inland water
fisheries.
IFAD consists of three sections dealing with three major aquaculture environments:
brackishwater, freshwater, and marine. These sections perform functions with respect
to policy formulation, technical assistance, standard setting (mainly through the Code
of Conduct for Responsible Aquaculture), linking with other agencies and LGUs, and
extension. Specific functions of the Inland Fisheries and Freshwater Section include
the inventory and assessment of inland waters (lakes, rivers, marshes, and reservoirs)
and rehabilitation of the depleted inland waters without endemic species through
regular fish stocking programs in collaboration with the other Divisions concerned. The
Mariculture Fisheries Section develops linkages in sea farming to establish information
exchange; verifies newly-developed technologies on finfish culture, shellfish,
seaweeds and such other mariculture technologies; and recommends establishment
of mariculture projects in areas with high potentials for development. Lastly, the
Brackishwater Fisheries Section undertakes inventories and assessments of existing
brackishwater fishponds and hatcheries for proper disposition and registration, and
formulates incentives to fishpond operators complying with environmental standards
and promoting sustainable technologies and management practices.
2. The Fish Health Section (FHS)
The Fish Health Section (FHS) is administratively part of IFAD but due to the nature
of its work, covering both culture and capture, it is maintained as an independent unit
under the Office of the BFAR Director1. The following are functions of the Fish Health
Section:
64
Renamed as Fish Health Management and Quality Assurance Section by virtue of a Fisheries Office Order.
APPENDIX 1
65
Provides standards and sets directions to different regional fish health satellite
laboratories;
The Fisheries Regulatory and Quarantine Division (FRQD) has four (4) sections - the
Fishpond Lease Section, the Fishing Vessel Policy and Licensing Section, Quarantine
Section, and the Foreign Trade Section. Three of the sections have functions directly
relating to aquaculture (Fig. A1.1). The functions of the division with reference to
aquaculture are:
a. Conducts quarantine activities of all imported and exported fish and fishery/
aquatic products, including those for domestic trade;
b. Quarantines fish and other aquatic animals suspected to be inflicted with harmful
pests and diseases;
c. Documents and authorizes the movement or trading of fish and fishery/aquatic
products;
d. Issues fishpond lease agreements;
e. Issues permits/licenses for the construction and operation of fish pens, fish cages,
and such other structures outside of the municipal waters;
f. Formulates and implements policies and procedures on the issuances, conversions,
transfers and renewals of fishpond lease agreements, issuances of permits and
clearances for fishery trade, and issuances of special/gratuitous permits for the
exploitation of fishery resources for experimental or research purposes; and
66
APPENDIX 1
g. Performs such other related functions as may be assigned from time to time by the
Assistant Directors and/or the Bureau Director.
The Fishpond Lease Section, aside from issuing fishpond lease agreements, also
conducts ocular inspection and verification of areas covered by fishpond applications/
permits and Fishpond Lease Agreements and monitors compliance to agreement. They
are also in charge of coordinating with private and other government agencies and/or
financing institutions in all matters pertaining to Fishpond Lease Agreements.
The Foreign Trade Section, in collaboration with the FHU, inspects shipments of
import/export for live fish and assigns them to quarantine if warranted; provides
samples for research on fish parasites and diseases; monitors permits/commodity
clearance and auxiliary invoices.
4. Fisheries Post-Harvest Technology Division (FPHTD)
Another division with critical functions with respect to aquaculture is the Fisheries
Post-Harvest Technology Division (FPHTD). This division is in charge of developing
value-added products for local and export markets; development of a national fish
and fishery products quality standards; undertakes pilot approach to Hazard Analysis
Critical Control Point (HACCP) for developed fish/fishery products; provides lab
services for fish quality management; establishes and implements an inspection
system for import and export of fish/fishery aquatic products and fish processing
establishments consistent with international standards to ensure product quality
and safety; Implements international agreements/commitments on the improvement
of trading of fishery products and fish processing establishments consistent with
international standards to ensure product quality and safety; and implements
international agreements/commitments on the improvement of trading of fishery
products under the regulation of the World Trade Organization-General agreements
on tariff and trade on sanitary certificates for fish and fishery products. Formerly
consisting of five (5) sections, the functions were merged intro three sections as
follows: Aquatic Products Utilization and Standardization Section; Fish Inspection
and Quality Control Section; and Fishery Products Testing Laboratory Section.
Two divisions at the Central Office perform support functions to aquaculture. These
are the Fisheries Policy and Economics Division (FPED) and the Fisheries Industry
Development Support Division (FIDSD). The FPED is in charge of formulation,
review, and updating of appropriate policies, plans, and programs for the utilization,
management, development, conservation and allocation system of fisheries and aquatic
resources including the National Fisheries Industry Management and Development
Plan (NFIMDP) and the Comprehensive Fishery Research and Development Program
(CFRDP), in consultation with other BFAR units and other agencies. FIDSD is in
charge of extension, cooperative strengthening, and marketing assistance. The National
FARMC Program management Center, which is under the Office of the Director
and functions as the secretariat of the National FARMC, is in charge of organizing,
strengthening, and monitoring the performance of FARMCs.
5. Regional Fisheries Units
There are sixteen Regional Offices (Regions I to XIII, CAR, and ARMM) which are
administrative alter egos of BFAR. They are in charge of extension, they implement plans,
67
policies and programs, and they conduct routine inspection of fishery demonstration
farms, nurseries, stations and other instrumentalities of BFAR within the Region.
Basic services provided by all regional offices are categorized as follows: i)Production
support; ii) Market development; iii) Extension, Training and Education; iv) Research
and Development; and v) Regulatory. There are also Regional Outreach Stations
(ROS) for specific commodities run by the Regional Fisheries Units depending on the
commodity focus, such as the ROS for tilapia in Bay, Laguna and the Mobo Fishfarm
in Mobo, Masbate for brackishwater technologies.
6. Regional Fisheries Training Centers (RFTC)
BFAR has seven Regional Fisheries Training Centers (RFTC) located in 1) Aparri,
Cagayan; 2) Puerto Princesa City, Palawan; 3) Tabaco, Albay; 4) Carmen, Cebu; 5)
Catbalogan, Samar; 6) Zamboanga City, Zamboanga; and 7) Panabo City, Davao del
Norte. RFTCs provide multi-level training and extension services, capacity building
programs, and advisory services to fisherfolk, the private sector, and local government
units at the regional and local levels. These centers aim to develop and upgrade individual
skills and competencies of technical fisheries staff of the LGUs and other agencies
involved in fisheries implementation and, more specifically, of small scale fisherfolks/
organizations/cooperatives. The centers transfer relevant and appropriate technology
to improve present practices and increase individual productivity and income. Each of
the training centers are also expected to establish and operate feasible sectoral fishery
projects to serve as support/demonstration facilities in the target fishing communities
for replication as source of fisherfolks income or alternative livelihood.
7. National Technology Centers
There are eight National Technology Centers which are operated and maintained for
technology generation, field testing of technologies, extension services, demonstration
and training / seminars in support of policy formulation and project implementation
on fisheries development and conservation in coordination with concerned agencies
and organizations. All centers are also production centers of quality fry and fingerlings
and distribution centers for Regional Outreach Stations as well as Satellite Stations.
Of the eight centers, only one, the National Marine Fisheries Development Center, is
not relevant to aquaculture. Two centers have been transferred to the NFRDI, namely:
National Fisheries Biological Station in Taal, Batangas, and the National Integrated
Fisheries Technology Development Center in Dagupan, Pangasinan. Areas of expertise
identified for the centers are shown in Table A.1.1.
68
APPENDIX 1
Area of expertise
Selective and induced spawning of freshwater and
marine ornamental fish
Breeding of indigenous fish like maliputo
69
Appendix 2
Contact Number
Tuguegarao, Cagayan
10
11
12
13
14
CAR
NCR
70
Contact Person
APPENDIX 3
Appendix 3
FISHERIES ADMINISTRATIVE)
ORDER NO. 214 :
Series of 2001 . . . . . . . . . . )
j.
Environmental Impact Assessment (or EIA) The process of predicting the likely
environmental consequences of implementing projects or undertakings and designing
appropriate preventive, mitigating and enhancement measures.
71
m. Fish cage refers to an enclosure which is either stationary or floating, made up of nets,
or screen sewn or fastened together and installed in the water with opening at the
surface or covered and held in a place by a wooden/bamboo posts or various types of
anchors and floats.
n. Fishpen An artificial enclosure constructed within a body of water for culturing fish,
and fishery/aquatic resources made up of poles closely arranged in an enclosure with
wooden materials, screen or nylon netting to prevent escape of fish.
o. Fishpond A land-based facility enclosed with earthen or stone materials to impound
water for growing fish.
p. Fishpond Lease Agreement (or FLA) A contract entered into by and between the Secretary
of Agriculture and a qualified fishpond applicant for the use of public land for fishpond
development purpose for a period of twenty-five (25) years.
q. Freshwater aquaculture Fishery operation involving the raising and culturing of fish in a
water body originating from lakes, reservoirs, streams and rivers having a salinity from
0 to 0.5 parts per thousand.
r. Genetically Modified Organism (GMO) refers to organism whose genes are manipulated
to produce certain desired characteristics and be propagated for experimental
purposes.
s. Hatchery refers to a lake-based or land-based structure growing or culturing fish for
breeding and fish seed production.
t. Lake An inland body of water, an extended part of a river, a reservoir formed by a
dam, or a lake basin intermittently or formerly covered with water.
u. Mariculture refers to seafarming of aquatic plants and fishes.
v. Outfall refers to the outlet of a river, stream or lake.
w. Quarantine Enforced isolation of organisms which are or which may be infectious to
prevent the transmission of disease to other organisms or the environment.
x. Reservoir An artificial impoundment where water is kept for future use. The use of
pond reservoir is to allow the settling of organic matter from the water source before
use in the ponds.
y. Settling pond refers to a pond specially designed for the settling of heavily loaded
particles and other organic matter in the water before disposal to the surrounding
environment.
z. Zonation plan A plan defining the boundaries of specific areas for fishery utilization
and development purposes.
72
APPENDIX 3
73
1) For brackishwater, a buffer zone of at least 100 meters from the sea to the main
peripheral dike and 50 meters along the river banks (for typhoon prone areas) and
50 meters from the sea and 20 meters along the river banks (for non-typhoon prone
areas), shall be left undisturbed for ecological reasons and physical protection
from flooding and wave action.
2) For freshwater, a distance of 20 meters (for non-typhoon prone areas) away from
the embankment and 50 meters (for typhoon prone areas) shall be maintained to
serve as buffer zone to minimize flood risk and related environmental hazards.
g. Permit for the construction of deep wells for freshwater supply shall be obtained from
the National Water Resources Board;
h. Fish cages, floating or stationary, shall be installed and kept at least one (1) meter
between units and at 20 meters apart between clusters to provide water exchange.
i. Fishpens shall be spaced 200 meters apart; and
j. Marine cage farming shall be operated in definite zones established by the LGU
concerned in consultation with the M/CFARMC.
SEC. 4. Water usage. A good environment within the pond system shall be influenced by
the following practices on water usage as well as the pondwater quality management:
a. The construction and operation of deep wells for freshwater supply shall be based
on a design which prevents salt intrusion into freshwater aquifers and subsidence of
ground level;
b. Closed recirculating water system shall be considered in the intensive and semiintensive farming systems;
c. Water exchange shall be minimized by maintaining good water quality through
moderate stocking densities and feeding rates, using high quality feeds and good
feeding practices.
SECTION 5. Water discharge and sludge/effluent management. There shall be emphasized
increased awareness of proper waste management in the aquaculture industry that
shall enhance the protection of coastal land and water resources through the following
practices:
a. Effluents, sediments and other wastes shall be properly disposed of through the use of
wastewater treatment and settling ponds;
b. Outfall shall be so designed that no significant impact of effluents on natural waters
occurs beyond the mixing zone;
c. Sediment from ponds, canals or settling basins shall be put back into the area from
which it was eroded, used as earthfill or disposed on some other environmentallyresponsible way; and
d. Discharged water shall meet water quality standards (determined qualitatively and
quantitatively). Qualitative standards shall include prohibition of the release of turbid
and odorous water to the receiving water while quantitative standards shall include
the maximum and/or minimum levels of suspended solid, measure of acidity (pH),
dissolved oxygen, ammonia and other nitrogenous compounds, phosphorus, carbon
dioxide and the Biochemical Oxygen Demand (BOD).
74
APPENDIX 3
SECTION 6. Use of drugs, chemicals, potentially toxic pesticides and fertilizers. The following
shall be practiced to foster awareness on the proper use of therapeutic agents and other
chemicals without endangering food safety or threaten the environment.
a. Drugs, chemicals, pesticides and fertilizers including lime shall be used only when
clearly justified to treat specific problems;
b. If chemicals are used, pondwater shall not be discharged until they have degraded/
dissipated or until the compound have naturally decomposed to non-toxic form;
c. Records shall be maintained regarding the use of chemicals in ponds as suggested by
the Hazard Analysis and Critical Control Points (or HACCP) method;
d. Banned chemicals shall not be used for any purpose;
e. Drugs, antibiotics and other chemical treatments shall be in accordance with
recommended practices and comply with the national and international regulations;
f. Aquaculture producers shall follow the information on product labels regarding dosage,
withdrawal period, proper use, storage, disposal and other uses of the chemicals to
safeguard environmental and human safety;
g. Therapeutants shall be stored in a cool place and in a secure manner and
unused compounds shall be disposed of by methods preventing environmental
contamination;
h. Biodegradable indigenous material such as derris roots, teaseed and tobacco dust
shall be used to eliminate unwanted species in ponds instead of non-biodegrable
compounds; and
i. Regulations on labeling the contents and percentage of active ingredients in all
chemicals including fertilizers and liming material shall be developed.
SECTION 7. Stock selection, stocking practices. The following practices shall assure increased
production of good quality and disease-free stocks promoting profitable fish farming:
a. Moderate and appropriate stocking density by species shall be employed;
b. Indigenous species shall be cultured whenever feasible;
c. Stock only healthy fry and fingerlings. Genetically improved fish species for stocking
shall be sourced from government and accredited non-government hatcheries; and
d. Hatchery fry and fingerlings shall be encouraged for use rather than those caught from
the wild.
SECTION 8. Introduction of exotic and GMOs. The introduction of exotic and GMOs shall
be made after a sound ecological, biological and environmental justification based on
scientific studies and subject to the bio-safety standard as provided for by existing laws
and regulations.
SECTION 9. Feed, feed use and management. The following practices shall be adopted to
improve the efficiency of supplemental feeds and feed management in aquaculture and
reduce the amount of waste entering the ponds:
75
a. Feeds shall be selected as to their high utilization rates to reduce nutrient pollution
from uneaten feeds and excretory products;
b. Feed characteristics shall include balanced levels of amino acids and other nutrients
appropriate for the age of the fish, high palatability to stimulate rapid consumption,
and high stability to prevent rapid nutrient release;
c. Ideally, extruded feeds shall be used;
d. Feeds shall be stored in cool, dry areas to prevent mold and other contaminants from
forming;
e. Medicated feeds shall be used only if and when necessary for the control of specific
disease;
f. Feeding management in lake-based aquaculture shall be in conformity with the
carrying capacity of the lake as specified in Chapter B of this order;
g. Good feeding practices shall include frequent feeding in small quantities of feed several
times through the day, using feeding trays and even distribution of feeds in the pond;
h. DA Administrative Order No. 16 on the Nutrient Standard for Aquaculture Feeds
and other regulations of the Bureau of Animal Industry shall be complied with; and
i. Records of daily feed application rates shall be kept to assess feed conversion ratio (or
FCR).
SECTION 10. Fish health management. The following practices shall be complied with to
provide effective management of fish health focusing on disease prevention rather than
disease treatment, eventually reducing the incidence of diseases and protecting the natural
fisheries.
a. Sustainable farming practices shall be promoted;
b. Appropriate quarantine procedures, handling, transport and proper acclimatization
of healthy fry and fingerlings prior to stocking shall be strictly observed;
c. Good water quality shall be maintained by using appropriate stocking and feeding
practices;
d. For non-infectious diseases related to pond condition, specific corrective management
measures shall be carried out;
e. For mild infectious diseases with potential to spread within a farm, the pond shall be
quarantined and remedial measures shall be applied;
f. For serious infectious diseases that may spread widely, the pond shall be isolated and
the remaining fish shall be harvested by net and the pond shall be disinfected without
discharging the water;
g. Treatment shall be done only when necessary;
h. Dead, diseased fish shall be disposed of in a sanitary manner to prevent the spread of
the disease;
i.
76
When disease occurs, transfer of fish, equipment and pondwater shall be avoided;
APPENDIX 3
j.
B. Incentives
The formulation of incentives shall encourage compliance with the environment standards
and shall promote sustainable management practices on aquaculture.
SECTION 12. Incentives. The following incentives may be granted for consistent compliance
with the rules and regulations of this Code.
a. Eco-labeling.
b. Technical and market assistance.
c. Gawad Saka nominee
d. Training on aquaculture technologies
77
c. The level of primary productivity in inland water that could support the good growth
of planktivorous species like tilapia, carp, milkfish shall be less than 10 g/cu.3.
SECTION 14. This Order shall be subject to the existing laws, rules and regulations and
local ordinance on these matters.
SECTION 15. Effectivity. This order shall take effect fifteen (15) days after its publication
in the Official Gazette and/or in two (2) newspapers of general circulation and fifteen (15)
days after its registration with the Office of the National Administrative Register.
ISSUED this 17th day of September 2001 at Quezon City, Metropolitan Manila,
Philippines.
(SIGNED)
LEONARDO Q. MONTEMAYOR
Secretary
(SIGNED)
MALCOLM I. SARMIENTO, JR.
Director, Bureau of Fisheries & Aquatic Resources
(SIGNED)
CESAR M. DRILON, JR.
Undersecretary for Fisheries and Livestock,Chairman, NFARMC
78