The performance of the developmental and regulatory mandate of the Laguna Lake Development Authority is the very essence of the Revised Zoning and Management Plan (ZOMAP) for Laguna de Bay. As a primary natural resource that is being utilized for the propagation of various aquaculture related activities, the ZOMAP therefore has been reformulated to be consistent with the Master Plan for the entire Laguna de Bay Region. The objectives are to regulate the operations of fishpens in the lake to enhance lake productivity, promote equity and access to resources by the other beneficial users and optimize the benefits from the lake as an important natural resource.  This set of guidelines will serve as a basis for the year 2005 fishpen registration in Laguna de Bay.

 I.     Total Area for Aquaculture

            The total area that is to be allotted for fishpen aquaculture is hereby limited to ten thousand (10,000) hectares, and is understood to be exclusive of the area allotted for fishcages, which is limited to five thousand (5,000) hectares (Section 1. Total area for aquaculture of the Rules and Regulations Implementing the Revised Laguna de Bay ZOMAP, January 25, 1996).

 II.  Scope and Coverage

For the year 2006, fishpen registration shall cover all fishpen structures registered in 2005.  Fishpen that failed to register last year shall only be accepted provided that outstanding accounts including the surcharges have been paid in full prior to or upon registration for the year 2006.

 III. Approved Legal Area for Registrations

The Basis for registration of existing fishpen structures shall be the approved verified areas as provided by the Engineering and Construction Division of LLDA.  For fishpen structures, which have not been verified, basis for registration shall be the approved delineated area.

The approved legal area should not exceed the legal limit from the allocated areas allowed per fishpen ownership.  The allowed legal limit shall include the 5% allowance per fishpen ownership, as follows:

            a.            Corporations     -            50 hectares
      b.            Cooperative     -             25 hectares
      c.            Individuals        -            5 hectares

 IV. Qualification of Registrants 

             The qualifications of the fishpen registrants shall be as follows: 

a.       Those who have complied with complete documentary requirements for registration as provided in Section VII of this guidelines.  

b.       Registered in 2004

c.       Unregistered since 2004, but paid in full including surcharges and administrative fine, if needed.

V. Permit Duration

 All fishpen permits shall be valid for one (1) calendar year only.  The fishpen permit shall contain terms and conditions, violations of which shall constitute corresponding administrative fines as stated in Section IX of this guidelines.

 VI. Payment of Fishpen Fees, related fees and other charges

            A. Fishpen fee – P6,000.00 per hectare inclusive of stocking permit  and repair clearance.

                Fishpen fee shall be computed using the formula:

        Area x Rate x T

                     Where :

                        Area =             Approved area as stated in Sec. III of the guidelines

Rate =             Php6,000.00/ha.

Time =            12/12 or 1

    Sample Computation:

      Assumptions:                  Area     – 50 has.

                                            FP Fee – P6,000.00

               Time    –

     FP = 50 has. X P6,000.00 x 12/12

             50 has. X P6,000.00 x 1

             P300,000.00

 
     Total fishpen Fee = P300,000.00

      B. Surcharge    – 5% per month of delay using the formula PRT

Where  P       =       principal (area x P6,000.00/ha)

           R       =       rate which is 5%/mo

           T       =       number of mos. delayed or a fraction thereof

                            no. of days

                            days of the month

Sample Computation:

Assumptions:        Area                   –     50 has.

                            Sept. 30, 2005    -     last day of registration

                            Nov. 4 2005        -     date of assessment/payment

            Surcharge

                  Oct. 2005

                  Sec. VI. A x 5% x 31/31

                  P300,000.00 x .05 x 1                                   =    P15,000.00

                  Nov. 4, 2005

                  Sec. IV. A x .05 x (4/30)

                  P300,000.00 x .05 x 0.133                            =    P   2,000.00

                                                     Total surcharge        =   P 17,000.00

                                  Add:            Fishpen Fee              =   P 300,000.00

                                                     Amount Due                 P317,000.00

  C. The processing fee shall be in the amount according to the status of ownership as follows:  

       c.1   Corporation                 =    P1,000.00

       c.2   Cooperative                =    P   500.00

       c.3   Individual                     =   P   300.00

D. Assessment of fishpen fee shall be based only on approved legal area of operation.

E. Any area in excess of the approved area of operation shall be assessed an administrative fine of P5, 000.00 per hectare or a fraction thereof without prejudice to the issuance of  a Notice of Demolition for the said excess area, over and above the fishpen fee. 

G. All fees shall be paid as follows:  

G.1 Outstanding accounts including surcharges, interests and administrative fines must be paid in full prior or upon registration.

       G.2 Current Fees shall be paid in full upon registration (January – December 2006)

 H. A fee of P0.50/m² shall be charged for the area occupied by the mainhouse or guardhouse constructed outside the registered area. 

I. Only Manager’s checks, Cashier’s checks or Cash shall be accepted as payment..          

J. The fishpen fee collected based on the legal area of operation shall be shared with the Local Government Units concerned in accordance with the approved guidelines on Fishpen Fee Sharing under Memorandum Circular No. 2004 – 01 dated December 22, 2003.  

VII.  Authorized Representative

  1.      Only the President, Chairperson or owner, or its duly authorized representative shall be allowed to register the fishpen, transact business, sign and execute documents in behalf of the Corporation, Cooperative, or Individual fishpen to be validated through a notarized Board Resolution designating an Attorney-In-Fact or Official Corporate/Cooperative Representative or a Special Power of Attorney.

 b.      Any changes in the authorized representative shall be documented through the submission of a new notarized Board Resolution which revoked the former authorized           representative and hereby designating a new Attorney-In-Fact. Failure to do so shall be a ground for the non-acceptance of the application for registration.  

c.       Only the application of those registrants with complete documentary requirements shall be processed.

VIII. Requirements for Registration:

  The following requirements must be submitted together with the application form upon registration:  

Individual

a.       ITR for 2005 duly received by BIR

b.      BIR Tax Clearance

c.       Assets and Liabilities for 2005 duly notarized

d.      Certificate of Recognition from barangay where the fishpen is located

e.       Residence Certificate

f.        Business Permit for 2006

 Cooperative

a.    ITR for 2005 duly received by BIR

c.    BIR Tax Clearance

d.    Financial Statements (B/S & I/S)

e.    Certificate of Recognition from barangay where the fishpen is located

f.     Business Permit for 2006

Corporation

a.    ITR for 2005 duly received by BIR

b.    BIR Tax Clearance

c.    Financial Statements (B/S & I/S)

d.    Certificate of Recognition from barangay where the fishpen is located

e.    Business Permit for 2006

IX.    Violations and Penalty

Pursuant to the provisions of LLDA Board Resolution No. 42, series of 1997, the following schedule of fines for every violation of LLDA Rules and Regulations shall be imposed:

VIOLATION                                                         ADMINISTRATIVE FINE

            Constructing/Operating                                    P5,000.00 per excess hectares

fishpen in excess of the                                    or a fraction thereof per year,

allowable/allocated area                                   with an order for demolition of the excess area    

Non-observance of the                                      P5,000.00 with an order for  dismantling

required 40-meter distance                              

between aquaculture structure                         

Unauthorized construction of                             P5,000.00/sources/year,

of aquaculture structures                                  with an Order for Demolition

outside the area allocated/

approved by LLDA    

Non-compliance with permit                              P5,000.00 per condition violated

Conditions                                                      

Signboards shall be installed in conspicuous places in the main house and at the guardhouse for proper identification. Failure to do so will constitute a violation with a corresponding administrative fine.  

Fishpen permits of habitual offenders shall result to its revocation and the eventual demolition of the structure and shall be perpetually disqualified from operating any aquaculture structure in Laguna de Bay.

By order and strict compliance.