IDENTIFYING/DEFINING THE AREAS OF COOPERATION AND COLLABORATION BETWEEN THE DEPARTMENT OF AGRICULTURE AND THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES IN THE IMPLEMENTATI…

WHEREAS, Republic Act No. 8550, otherwise known as the Philippine
Fisheries Code of 1998, established a legal basis for the development,
management, and conservation of the fisheries and aquatic resources of
the Philippines;

WHEREAS, the Department of Agriculture (hereinafter referred to as
DA), through its Bureau of Fisheries and Aquatic Resources (hereinafter
referred to as DA-BFAR), is the primary agency mandated to implement the
Philippine Fisheries Code of 1998;

WHEREAS, pursuant to Executive Order (EO) No. 197, Series of 1987
and other existing laws, the Department of Environment and Natural
Resources (hereinafter referred to as DENR) is the primary agency
mandated to develop, manage, conserve, and promote the proper use of the
environment and natural resources of the Philippines;

WHEREAS, DA Administrative Order No. 3, Series of 1998, containing
the Implementing Rules and Regulations of the Philippine Fisheries Code
of 1998, was issued, mandating in Rule 3.2 thereof that both Departments
should jointly promulgate an Order clarifying their respective
authorities and jurisdictions over the management of fisheries and
aquatic resources;

WHEREAS, in consonance with the above premises, the DENR and the DA
agree to identify and define areas of cooperation and collaboration in
the implementation of the Philippine Fisheries Code of 1998;

NOW, THEREFORE, WE, the Undersigned, pursuant to the powers vested
in us by law, do hereby promulgate the following rules and procedures,
to wit:

ARTICLE I
Declaration of Administrative Policy

Section 1. The DA and DENR shall coordinate their
efforts, harmonize their policies and cooperate in the implementation
of the laws at the operational level.

Section 2. Both Departments shall adopt an
integrated and coordinated approach in the management of natural
resources. Where numerous possibilities for further cooperation and
collaboration exist, the DA and DENR shall commit towards the
fulfillment of this collaboration by complementation, through
consultations and a workable referral mechanism.

ARTICLE II
Strategic Planning

Section 1. In accordance with Secs. 2 (f), 3 and
65 (a) of RA 8550, the DA-BFAR shall be responsible for the development
of a National Fisheries Plan and local fisheries plans specifically
addressing the management of fisheries and aquatic resources within the
framework of a National Integrated Coastal and Marine Management
Strategy (NICMMS).

Section 2. The DENR shall have the primary
responsibility for convening an inter-agency committee for the
development and approval of the National Integrated Coastal and Marine
Management Strategy that shall lay the foundations for local integrated
coastal area management, applicable from the watersheds bordering the
coast and out to the marine areas of the Philippines.

Section 3. The National Integrated Coastal and
Marine Management Strategy shall have as one of its primary objectives
the maintenance and protection of the coastal and marine environment for
the purpose of ensuring the sustainable development of fisheries and
aquatic resources.

Section 4. The National Integrated Coastal and
Marine Management Strategy shall be formulated and promulgated by the
DENR and DA-BFAR, in collaboration with other concerned agencies, within
eight (8) months from the effectivity of this Order.

ARTICLE III
Operational Standards and Procedures

Section 1. Identification and Management of Rare, Threatened or Endangered Species.
— Pursuant to Secs. 4 (17), 11 and 97 of RA 8550 and other pertinent
laws prohibiting the taking of rare, threatened, or endangered species:

a) The DA-BFAR shall identify and declare certain marine and
aquatic species as rare, threatened or endangered, and manage them
together with other CITES-listed marine and aquatic species except
dugong, marine turtles and crocodiles, which shall be managed by DENR.

b) DA-BFAR or DENR, at the instance of the LGUs or other
interested parties, may declare as rare, threatened or endangered
certain species of aquatic or marine life provided that the process is
in accordance with their respective standing procedures.

c) Any application for the listing and delisting of marine and
aquatic species both CITES-listed species and those declared by DA-BFAR
species shall require the concurrence of DA-BFAR except for dugong,
marine turtles and crocodiles which will be referred to the DENR. Such
list shall be furnished to DENR for information and enforcement
purposes.

Section 2. Catch Ceilings and Closed Seasons.
— DA-BFAR shall determine, prescribe and establish catch ceilings and
closed seasons in Philippine waters except in municipal waters and those
in protected areas under the NIPAS Act; provided that in municipal
waters and waters under the jurisdiction of special agencies, catch
ceilings and closed seasons may be established upon the concurrence and
approval or recommendation of such special agencies and the concerned
LGUs in consultations with the FARMC for conservation or ecological
purposes.

Section 3. Code of Practice of Aquaculture.
— Pursuant to Secs. 46, 47 and 48 of RA 8550, a Code of Practice for
Aquaculture shall be promulgated by the DA-BFAR. The code shall be
published and disseminated by DA-BFAR to all aquaculture operators.

Enforcement of the Code of Practice for Aquaculture shall be the
primary responsibility of the DA-BFAR subject to Article V hereof.
However, the DENR, on its own behalf or on behalf of interested parties,
may file a complaint or initiate proceedings with the DA-BFAR for
cancellation of the Fishpond Lease Agreement and such other aquaculture
establishment in cases of violation of the standards or guidelines
enumerated in Article V hereof and other DENR rules and regulations.

Section 4. Minimum Standards for Certain Facilities in Accordance with Secs. 57, 60 and 119 of RA 8550.
— In the establishment of minimum standards by the DA-BFAR, the DENR
shall recommend such measures and/or components for the construction and
operation of certain structures and facilities as may be necessary to
ensure compliance with national and international environmental
standards.

Section 5. Biosafety and Biodiversity Standards.
— In the implementation of Sec. 67 (b) of RA 8550, the DA-BFAR and DENR
shall jointly establish common criteria and procedures for purposes of
biosafety and protecting biodiversity in all marine species, and submit
the same for approval by the appropriate inter-agency committee
responsible for the biodiversity convention and biosafety protocols.

ARTICLE IV
Mapping, Charting and Identification of Certain Areas

Section 1. Mapping and charting requirements pursuant to Secs. 18, 26, 41, 51, 56, 105 and 123 of RA 8550:

a)   Consistent with Rule 123.4 of DA Administrative Order No.
3, the DA-BFAR shall allocate to NAMRIA sufficient funds for the mapping
and charting of coastal areas for purposes of fisheries management,
including:

1)    municipal waters
2)    areas of municipal waters suitable for commercial fisheries,
i.e. from 10.1 to 15 kilometers from the shoreline and 7 or more
fathoms deep
3)    zonation of existing and/or potential areas for sea ranching, mariculture, or sea farming operations
4)    navigational lanes for commercial and other passage in fishery areas and
5)    migration paths of migratory fish species such as river mouths or estuaries

b)    The DENR shall make its resources available for the
conduct of the mapping and charting surveys necessary for implementation
of the Fisheries Code. The DENR shall establish the necessary work
program for the NAMRIA to undertake and accomplish its mapping and
charting functions at the soonest possible time.

Section 2. Identification of Migration Paths.
— In the implementation of Secs. 56 and 105 of RA 8550, the DA-BFAR
shall promulgate rules and procedures for the identification and
documentation of migration paths of fish and other marine species, with
the participation of the Local Government Units. All available
information on such migration paths shall be collated by the DA-BFAR and
consolidated into a centralized database, which information shall also
be provided to the DENR for purposes of their inclusion in the pertinent
maps and charts published by NAMRIA.

Section 3. Fisherfolk Resettlement Areas. —
The DENR shall identify and certify which portions of lands of the
public domain may be made available for resettlement by fisherfolk
communities and provide copies of maps of such lands to the DA-BFAR.
Thereafter, such areas shall be subject to resettlement as provided in
Sec. 108 of RA 8550.

Section 4. Fishery Reserves, Refuge and Sanctuaries.
— The DA-BFAR shall establish criteria and procedures for the
establishment of fishery reserves, refuge and sanctuaries for specific
purposes in accordance with Secs. 45, 80 and 81 of RA 8550, except in
protected areas declared under the NIPAS Act.

Section 5. Identification of areas “in environmentally critical condition”.
— The DENR and DA-BFAR shall establish criteria and procedures for
determining whether a bay or fisheries management area is “in
environmentally critical condition” in accordance with Sec. 18 of RA
8550.

ARTICLE V
Environmental Protection

Section 1. Pursuant to Secs. 12 and 13
of RA 8550, the DA-BFAR shall assist project proponents by providing the
necessary information to enable them to submit Environmental Impact
Statements for issuance of the Environmental Compliance Certificates in
cases of fisheries-related activities, or where the coastal development
shall have a direct impact on the management of the fisheries and
aquatic resources of the coast where such activity is to take place.

Section 2. The DENR shall process the EIS and
issue ECCs in accordance with existing rules and regulations under the
Environmental Impact Assessment System. It shall promulgate simplified
rules and procedures for common, recurring and relatively small-scale
coastal development activities, such as fishpond operation, construction
of fishpens and the like.

Section 3. The DA-BFAR shall be responsible for
the monitoring and enforcement of the conditions of ECCs; Provided that
DENR shall not be precluded from monitoring the same.

Section 4. Issuance of Joint Administrative Order on Aquatic Pollution pursuant to Secs. 4 (4), 46, 48 and 102 of RA 8550.

The DA-BFAR and DENR shall both formulate and enforce a Joint Administrative Order on Aquatic Pollution.

Section 5. The DA-BFAR and DENR shall formulate
and issue the guideline on the implementation of Sec. 92 paragraph 3 of
RA 8550 within three months upon the effectivity of this Order.

Section 6. In the event that there is a need to
reclassify a body of water according to its best use, the DA-BFAR may
request the DENR for the reclassification of said body of water.

ARTICLE VI
Quick Response Team and Focal Units

The Undersigned shall create a Joint Quick Response Team to
address aquatic pollution cases and shall identify their respective
focal units to perform oversight functions, coordinate with its
counterpart and initiate the formulation of the required Joint
Administrative Orders.

ARTICLE VII
Amendment

Amendments to this Memorandum Order shall be promulgated jointly by and upon consultation between the DA and DENR.

ARTICLE VIII
Repealing Clause

All orders, circulars, and instructions or parts thereof
inconsistent with this Order are hereby repealed or modified
accordingly.

ARTICLE IX
Effectivity

This Order shall take effect immediately after 15 days from its publication in two (2) newspapers of general circulation.

Adopted: 17 May 2000

(SGD.) ANTONIO H. CERILLES Secretary of Environment & Natural Resources

(SGD.) EDGARDO J. ANGARA  Secretary of Agriculture