Republic
of the Philippines
MINISTRY OF NATURAL RESOURCES
OFFICE OF THE MINISTER
Diliman, Quezon City
1982-01-15
FISHERIES ADMINISTRATIVE )
ORDER No. 138 :
Series of 1982 )
SUBJECT: Rules
and regulations governing the culture of mussels (Tahong)
Pursuant to the
provisions of Sections 7 and 16 of Presidential Decree
No. 704, otherwise known as the Fisheries Decree of
1975, the following implementing rules and regulations
on the culture of mussels are hereby promulgated:
Section
1. Definition. - For purposes of this
Order, the following words and phrases shall mean:
Mussels
(tahong) - are marine or brackish form of bivalves
scientifically known as Mytilus sp. and Modiolus
sp. and locally known as "tahong", usually
attached to the substratum in its natural state, but
when propagated could be attached to stakes, stones
and other suitable objects.
Farm lot - a body of marine or brackishwater used for the culture
of mussels under license.
Mussel
culture - the cultivation of mussels in suitable
water areas by any method with appropriate intensive
care for production purposes.
License
to culture - license issued by the Director to
culture mussels in a designated water area.
Mussel
belt - an area designated by the Director after
a technical survey shall have been conducted in water
area where mussel farm lots may be constructed or
established.
Mussel
reserved area - a water area designated by the
Minister where gathering of mussels is prohibited.
Director - Director of Fisheries and Aquatic Resources.
Minister - Minister of Natural Resources.
Section 2. Prohibition.
- No person, association, corporation, partnership,
or cooperative shall culture mussels without a license
duly issued by the Director.
Section 3.
Who may be issued a license. - A license to culture
mussels may be issued to the following:
a) |
Citizens of
the Philippines; and |
b) |
Corporations, associations,
partnerships, or cooperatives duly registered
in accordance with law and at least sixty per
cent (60%) of the authorized capital stock of
which belongs wh6lly to citizens of the Philippines,
when applicable. |
Section 4. Application and requirements. - A duly accomplished
application for the culture of mussels shall be filed
with the Provincial Fishery Office where the area
is located and accompanied by the following:
a) |
Sketch plan of the area applied
for in the designated mussel belt. |
| b) |
An application fee of P20.00,
either in cash or postal money order payable
to the Director which is nontransferable and
non-refundable, and |
| c) |
Xerox copy of the duly
approved Articles of Incorporation and or Certificate
of Registration, when applicable. |
Section 5. License fee. - The annual license fee to culture
mussels shall be in the amount of fifty pesos (P50.00)
per half hectare or fraction thereof, payable in advance.
Section 6. Surcharge. - When the annual license
fee is not paid on the date it becomes due, the licensee
shall pay a surcharge of one hundred (100%) per centum.
Section 7. Restrictions. - No farm lot shall be established
outside the designated mussel belt and within a distance
of one hundred (100) meters from each other or the
establishment thereof be made within two hundred (200)
meters from the shoreline during the lowest tide,
but in no case shall it be constructed or established
so as to obstruct passage.
Section 8. Duration of the license. - A license to culture mussels shall be for a
period of three (3) years, subject to renewal.
Section 9. Size of mussel farm
lots. - A qualified individual may be granted
a license to culture mussels over a water area of
not exceeding one-half (1/2) hectare; and corporation,
association, partnership or cooperative, a water area
of not exceeding three (3) hectares.
Section 10. Non-leasing of mussel
farm lots. - The licensee shall not sublease the
mussel farm lot under license or any part thereof.
Section 11. Conditions for the
transfer of rights and interests over farm lots. - the licensee may transfer his rights and interests
over the farm lot or any portion thereof under the
following conditions:
a) |
That the licensee
had held the license for a period of not less
than one (1) year; |
b) |
The licensee has not violated
any of the rules and regulations related to
the operation of mussel farm lots including
the terms and conditions of the license. |
c) |
The licensee is qualified
to develop and operate the mussel farm lots
pursuant to the provisions of this Order. |
d) |
That there is no evidence
that such transfer or conveyance is being made
for purposes of speculation; |
e) |
That the transferee shall
assume all the obligations of the transferor;
and |
| f) |
The area subject of the transfer is not involved
in any administrative or judicial case. |
Section 12. Designation of mussel reserve areas.
- the Minister may, upon recommendation of the Director,
designate mussel reserve areas for propagation and
conservation purposes.
Section 13. Gratuitous permit. - A gratuitous permit may be issued to any government
agency or institution of learning by the Director
to culture mussels in any water area for scientific,
research or educational purposes, subject to terms
and conditions as may be imposed.
Section 14. Introduction of improvements
in farm lots. – The licensee shall introduce
improvements in the area covered by the license within
sixty (60) days from the issuance thereof. Non-use
of the area for mussel culture within one hundred
twenty (120) days from the issuance of the license
shall be a ground for the cancellation thereof.
Section 15. Submission of semi-annual
report - A licensee shall submit a semi-annual
report of production to the Director or his duly authorized
representatives for statistical purposes.
Section 16. Ground for rejection
of application. - Applications to culture mussels
shall be rejected on any of the following grounds:
a) Lack/loss of interest;
b) Area applied for is not available or suitable for
the culture of mussels;
c) Voluntary request of the applicant
d) Applicant is not qualified in accordance with this
Order;
e) Fraudulent, false or misleading statements in the
application;
f) Failure to comply with the requirements;
g) Death of applicant, or dissolution of juridical
person; and
h) When public interest so requires.
Section 17. Grounds for cancellation/termination
of license. - License to culture mussels issued
under this Order may be cancelled on any of the following
grounds:
| a) |
Violation of
any existing fishery rules and regulations and
other applicable laws; |
| b) |
Death of the licensee,
provided that a new license shall be issued
to the qualified heirs or assigns upon filing
of a new application within ninety (90) days
from the death of the licensee; |
| c) |
Dissolution of juridical
licensee; |
| d) |
Failure to comply with
any of the terms and conditions of the license; |
| e) |
Fraudulent, false, or misleading
statements in the application; |
| f) |
Failure to pay the required
annual license fees and/or surcharges; |
| g) |
Subleasing by the licensee
of mussel farm lot; |
| h) |
Abandonment of the area;
and |
| i) |
When public interest so
requires. |
Section 18. Transitory provisions. - All persons,
associations, corporations, partnerships, or cooperatives
operating farm lots not in accordance with this Order
are hereby given a grace period of three (3) months
from the effectivity of this Order within which to
restructure and/or comply with the provisions of this
Order.
Section 19. Penalty. - Violation
of this Order shall subject the Offender/s to the
penalty as provided under Section 38 (d) of Presidential
Decree No. 704, as amended.
Section 20. Repealing clause. - All
existing administrative orders, rules and regulations
or pats thereof which are inconsistent with the provisions
of this Order are hereby repealed.
Section 21. Effectivity. - This administrative
order shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in two
(2) newspapers of general circulation.
(SGD.)TEODORO Q. PENA
Minister
Ministry of Natural Resources
Recommended by:
(SGD.) FELIX R. GONZALES
Director
Bureau of Fisheries and Aquatic Resources
Published:
1. Official Gazette, Vol. 78, No.
29, p. 3758, July 19, 1982
2. Daily Express - July 8, 1982
3. Peoples' Journal - July 8, 1982 |
