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Laguna Lake Development Authority |
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MEMORANDUM CIRCULAR No. 2, Series of 2007 |
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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
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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
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