Untitled - About the Philippines

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Local level aquaculture management Why is this provision relevant to aquaculture? Extension services for aquaculture should be based on best aquaculture practices. LGUs may accredit private organizations such as those manufacturing and marketing feeds, drugs, and pesticides to ensure that advise given to farmers are consistent with best aquaculture practices. Municipalities and Cities may request BFAR to advise or assist in providing extension services to farmers Municipalities and Cities may request DENR to provide technical assistance on planting of mangroves, establishment of nurseries, etc. Municipalities and Cities may require FLA lessees to plant mangroves The Province may establish hatcheries, integrated buying centers (bagsakan), and provide assistance in monitoring of water quality to prevent pests and diseases. The Province may establish cooperatives and other organizations of fish farmers. FLA lessees may be required to plant mangroves 3.2.3 Provisions regarding management of forests, pollution control, and protection of the environment A MUNICIPALITY SHOULD “pursuant to national policies and subject to the supervision, control, and review of the DENR, implement community-based forestry projects which include integrated social forestry programs and similar projects; manage and control communal forests with an area not exceeding 50 sq km, establish tree parks, greenbelts, and similar forest conservation projects” —Sec 17b(2)(ii) A PROVINCE SHOULD “pursuant to national policies and subject to supervision, control, and review of the DENR, enforce forestry laws limited to community-based forestry projects, pollution control law, and other laws on the protection of the environment; and mini-hydro electric projects for local purposes” —Sec 17b(3)(iii) Why is this provision relevant to aquaculture? Municipalities and Cities may require FLA lessees to plant mangroves Municipalities and Cities, as partners of national government may assist BFAR and DENR in the identification of underutilized, undeveloped, and abandoned fishponds and contribute to mangrove reversion process Municipalities and Cities may establish mangrove reforestation projects with technical assistance from DENR Municipalities and Cities should enforce national laws pertaining to conservation of mangroves Province should enforce pollution control laws and other laws on the protection of the environment 3.2.4 Provisions regarding Fishery Rentals, Fees and Charges (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
Managing aquaculture and its impacts: a guidebook for local governments (b) The sangguniang bayan may: (1) Grant fishery privileges to erect fish corrals, oyster, mussels or other aquatic beds or bangus fry areas, within a definite zone of the municipal waters, as determined by it: Provided, however, That duly registered organizations and cooperatives of marginal fishermen shall have the preferential right to such fishery privileges: Provided, further, That the sangguniang bayan may require a public bidding in conformity with and pursuant to an ordinance for the grant of such privileges: Provided, finally, That in the absence of such organizations and cooperatives or their failure to exercise their preferential right, other parties may participate in the public bidding in conformity with the above cited procedure. (2) Grant the privilege to gather, take or catch bangus fry, prawn fry or kawagkawag or fry of other species and fish from the municipal waters by nets, traps or other fishing gears to marginal fishermen free of any rental, fee, charge or any other imposition whatsoever. (3) Issue licenses for the operation of fishing vessels of three (3) tons or less for which purpose the sangguniang bayan shall promulgate rules and regulations regarding the issuances of such licenses to qualified applicants under existing laws. Provided, however, That the sanggunian concerned shall, by appropriate ordinance, penalize the use of explosives, noxious or poisonous substances, electricity, muro-ami, and other deleterious methods of fishing and prescribe a criminal penalty therefor in accordance with the provisions of this Code: Provided, finally, That the sanggunian concerned shall have the authority to prosecute any violation of the provisions of applicable fishery laws, (Sec 149). Why is this provision relevant to aquaculture? The power to grant fishery privileges also comes with the power to withhold certain rights subject to local ordinances Rentals/fees for use of municipal waters to be based on resource rent or cost recovery approaches Aquaculture can be a “social justice” tool by ensuring preferential treatment for marginal fisherfolk and their organizations Zonation scheme to be developed in consultation with FARMCs Enact ordinances in support of FAO 214 and prescribe penalties 3.2.5 Provisions regarding powers and duties of LGU officials 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: The enforcement of all laws and ordinances which are applicable within the barangay; 16 Negotiate, enter into, and sign contracts for and in behalf of the barangay, upon authorization of the sangguniang barangay; 17 16 Section 389 (a)(1) 17 Section 389 (a)(2) 32
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Untitled - About the Philippines

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