Laguna Lake Development Authority

MEMORANDUM CIRCULAR No. 2, Series of 2007

Subject :

IMPLEMENTING GUIDELINES ON THE TRANSFER, ASSIGNMENT, OR CONVEYANCES OF PERMIT OR RIGHT TO OPERATE FISHPEN/CAGE WITHIN THE LAGUNA DE BAY INCLUDING THE SEVEN-CRATER LAKES PURSUANT TO LLDA BOARD RESOLUTION NO. 284, SERIES OF 2006

 

The Authority is empowered to regulate and monitor fishpen and fishcage operation activities in the Laguna de Bay including the Seven Crater Lakes of San Pablo City, Nagcarlan and Rizal in the Province of Laguna, to impose necessary safeguards for lake quality control and management and to collect necessary fees for the said activities and projects, as well as to promulgate rules and regulations.

To address the several requests for transfers, assignments or conveyances of rights or permits to operate fishpen and fishcages within the Laguna de Bay including the Seven Crater Lakes and to ensure the effective enforcement of and to identify proper and real party accountability to the fisheries rules and regulations promulgated by this Authority, the said transfers, assignments and conveyances of fishery rights and privileges shall be governed by the following guidelines:

I.    Coverage    

All registered fishpen/fishcage operators in the Laguna de Bay and Seven Crater Lakes of San Pablo City, Nagcarlan and Rizal, Laguna.

II.    Terms and Conditions 

The transfer, assignment and conveyance of fishery rights and privileges shall be subject to the following:

a)  The transfer of ownership of fishpen/fishcage structures may be allowed only in case of LLDA registered owner-operator and subject to the approval of the General Manager;

b)   The transferee shall have no existing fishpen or fishcage under his name nor a member or stockholder of a corporate or cooperative fishpen;

c)   The transfer of ownership of fishpen or fishcage structure in favor of foreign investors shall be in accordance with the guidelines and regulations applicable to foreign investments in the Philippines, i.e., at least 60% Filipino-owned; and

d)   Once, the transfer has been approved, the new owner shall adhere to the provisions of Board Resolution No. 42, Series of 1997 and other fishery laws rules and regulations of this Authority

e)   The following checklist of requirements shall be submitted:

        e.1.    Letter of intent to transfer, assign or convey fishery rights and privileges;

        e.2.    Deed of Sale or Deed of Assignment duly notarized;

        e.3.    SEC Registration in case of a change in the Corporate name including By-Laws, Articles oflncorporation for Corporate fishpens;

        e.4.    Registration with the Cooperative Development Authority for Cooperative fishpens;

        e.5.    Board Resolution to transfer, assign or convey fishery rights and privileges;

        e.6.    A notarized Special Power of Attorney or through a Board Resolution designating an Attorney -in-Fact in case of an individual or a corporation respectively;

        e.7.    Latest Assets and Liabilities;

        e.8.    Pictures of the new stockholders (passport size)

f)   The processing fee shall be imposed according to type of ownership:

        f.1.    Corporation                    P2,500.00

        f.2.    Cooperative                      1,500.00

        f.3.    Individual                          1,000.00

        f.4.    Fishcage                              500.00

g)   In case of lease agreement, the registered owner-operator-lessor shall continue to be responsible for compliance with LLDA rules and regulations. As such, the registered owner -operator shall be responsible for monitoring compliance to LLDA rules and regulations.

 

III.   Prohibition 

The LLDA Clearance shall be issued subject to such conditions as the Authority may impose including, but not limited to: 

1.   No buyer shall be allowed to purchase a structure with more than the allowable area for its/her/his ownership category.

This Memorandum Circular shall take effect immediately and remain in force  unless revoked or superceded.

 

Approved on 02 March 2007

 

 

Original Signed

CASIMIRO A. YNARES III, M.D.

General Manager