Article V
MARICULTURE DEVELOPMENT
Section 25. Promotion of Mariculture The municipality shall consider coastal aquaculture as a means to promote diversification of income and preservation and conservation of coastal and fisheries resources: Provided, That the municipality shall ensure that resources are used responsibly and adverse impacts on the environment and on local communities are minimized: Provided, however, That coastal aquaculture development shall consider the genetic diversity and ecosystem integrity of the municipal waters: Provided, further, tThat the municipal government shall ensure that the livelihood of the people and their access to fishing grounds are not adversely affected: Provided, furthermore, That the municipal government shall establish effective procedures to undertake appropriate environmental assessment, monitoring and mitigation with the aim of minimizing adverse ecological changes and related economic and social consequences resulting from water extraction, discharge of effluents, use of chemicals, and other aquaculture activities.
Section 26. Designated Areas for Mariculture projects such as fish cages, seaweeds, oysters, and fish pens The municipal government shall designate areas in the Coastal Barangays in consultation with the Barangay as well as Municipal FARMCs and Barangay Councils for the establishment and operation of Mariculture projects such as fish cages, seaweeds, oysters, and fish pens in the municipal waters. Provided, However, That no mariculture projects such as fish cages, seaweeds, oysters and fish pens shall be constructed and operated outside of the designated area, except for scientific and education purposes.
Section 27. Size and Distance Betweenbetween Mariculture projects as such fish cages, seaweeds, oysters and fish pens. The maximum size of fish cages shall be thirty-six (36) square meter per module. Fish cages can be clustered, but the distance between clusters should not be more than twenty (20) meters: Provided, Thatthat each cluster should not be more than eight (8) modules. The maximum size of seaweeds farms, oyster farm and fish pen will not exceed five hundred (500) square metermeters per permittee. The distance between farms should not be less than fifty (50) meters
Section 28. Distance from the Shoreline No mariculture projects shall be constructed within fifty (50) meters from the lowest tide mark: Provided, however, Thatthat no mariculture projects shall also be constructed in front of any wharf or fish landing areas designated by the coastal Barangays.
Section 29. Stocking Density An ecologically and economically optimum stocking density for fish cage and fish pen operation should be observed.
Section 30. Limitation of the Granting of License to Construct and Operate Mariculture Projects The following limitations shall be strictly followed: 1. Ownership is limited to at most (2) fish cage modules per licensee; 2. License to construct and operate a fish cage shall be binding and legal for 3 years and may be renewed for another three (3) years at the discretion of the municipal government; 3. The fish cage shall not be subleased, in whole or in part. Joint venture operation, partnership and/or management contract on a profit-sharing basis may be allowed only with prior consent from the municipal government; 4. The use of dummies shall be sufficient cause for the disqualification of an applicant from obtaining such permit.
Section 31. Grounds for the Rejection of Applications for License to Construct and Operate Fish Cage The following are the grounds for rejection of an application for a permit to construct and operate fish cage: 1. Fraudulent, false and misleading statements in the application; 2. Failure to pay the prescribed fees and to fulfill other requirements; and 3. When public welfare so requires.
Section 32. Grounds for Cancellation of License to Construct and Operate a Fish Cage The following are the grounds for the cancellation of a permit to construct and operate fish cage: 1. Fraudulent, false and misleading statements in the application; 2. Failure to comply with the provisions of existing national laws and local ordinances; 3. Construction and operation of fish cage outside of the designated area; 4. Abandonment and non-operation of the area for 6 months and/or lack of interest of the permittee tom continue; 5. Failure to pay the necessary fees and other surcharges relative there to; 6. Non-construction of fish cage within 6 months from the date of issuance of the permit to construct and operate; and 7. When public welfare so requires as deemed by the municipal government. A voluntary written request of the licensee is sufficient for the cancellation of permit.
Section 33. Registration of Fish Hatcheries and Private Fishponds All fish hatcheries, fish breeding facilities and private fish ponds must be registered with the municipal government which shall prescribe minimum standards for such facilities in consultation with the Department of Agriculture.