Whereas, this Authority issued Memorandum Circular No. 1-90, Series of 1990 (MC-1-90), dated January 10, 1990, to provisionally recognize and respect the activities of snail and clamshell dredger (magsususo) to dredge and gather snails and clamshells in order to provide continuous food supply to duck raisers within the Laguna de Bay.  Thus – 

“Ito’y kaugnay ng naunang Kautusan (MC-4-89) ukol sa pansamantalang kapahintulutan sa mga mangangahig ng suso o tulya sa Lawa ng Laguna sa lalim na humigit kumulang limang (5) talampakan palaot at panghuhuli ng hipon sa paraang paninikit.  Ang nasabing pansamantalang kapahintulutan ay igagalang at kikilalanin ng mga kinatawan ng Pangasiwaan na nagpapatupad ng ipinagbabawal na batas ukol sa pangingisda xxx.” 

Whereas, with the effectivity of Republic Act No. 8550 (RA No. 8550), otherwise known as “The Philippine Fisheries Code of 1998” on February 25, 1998, which provides, thus – 

SECTION 90.  Use of Active Gear in the Municipal  Waters and Bays and Other Fishery Management  Areas. – It shall be unlawful to engage in fishing in municipal waters and in all bays as well as other fishery management areas using active fishing gears as defined in Section 4  No. 40 of the Philippine Fisheries Code.

SECTION 92.  Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. – It shall be unlawful for any person, natural or juridical, to fish with gear method that destroys coral reefs, seagrass beds, and other fishery marine life habitat as may be determined by the Department.  “Muro-Ami” and any of its variation, and such similar gear and methods that require diving, other physical or mechanical acts to pound the coral reefs and other habitat  to entrap, gather or catch fish and other fishery species are also prohibited. 

Memorandum Circular Nos. 04-89 and 1-90 were repealed and have become irrelevant by enactment of law; 

Whereas, Republic Act 4850, otherwise known as Laguna Lake Development Authority Act of 1966, as amended, provides, thus – 

“(a) xxx Provided, That implementation of all fisheries plans and programs of the Authority shall xxx ensure that such plans and programs are consistent with the national fisheries plans and programs.  xxx “.  (Section 4.  Powers and Functions). 

IN LINE WITH THE FOREGOING, Memorandum Circular Nos. 04-89 and 1-90 are hereby repealed and, thus rendered without  force and effect. 

The Lake Management Division, the Special Concern Division, and the Legal Division, this Authority, are, therefore, enjoined to strictly enforce Sections 90 and 91 of Republic Act No. 8550, declaring as unlawful the use of active gear and to fish with gear method that destroys benthic (bottom) fauna and flora community, submerged macrophytes and other freshwater habitat and prohibiting such similar gears and methods that require diving, and other physical or mechanical acts that disturb the benthic (bottom) community and other habitat to entrap, gather or catch fish and other “fishery species, including but not limited to clams, snails and other crustaceans”, respectively and to prosecute violators thereof. 

This Memorandum Circular shall take effect immediately.

Approved on 23 April 2008.