SECTION 23. Layout of improvements. – If the lease has been terminated or terminated and the lease rights have not been transferred to a state funding agency, existing improvements in the area covered by this lease agreement will automatically be deemed to have expired in favor of the government to be sold by the Presidium in accordance with the laws, applicable rules and regulations in this area. 1.14) Fully developed fish pond – a clean, flat area surrounded by dikes at least one foot above the highest flood level in the area and strong enough to withstand water pressure at the highest tide; consists of at least one nursery pond, transition pond, rearing pond or a combination of one or all of these classes of ponds and a functional water control system that produces on a commercial scale. f) fraudulent, false or misleading data or information in the Application; (g) the development of the site for purposes other than fish ponds; SUBJECT: Rules and regulations relating to the leasing of public land for the development of fish ponds. Last report on improvements, approved by the relevant Regional Director or his/her authorized representative. The report must indicate that 50% of the area has been constructed if the permit or lease has been held for three (3) years, and that the entire area should be fully developed if it has been retained for five (5) years or more. Develop 50% of the area and produce on a commercial scale within three (3) years; and the remaining portion of the area will be developed and produced on a commercial scale within five (5) years, both periods from the date of execution of the lease. SECTION 11.
Preponderant right of application. – When determining the priority of applications, the following rules must be observed: SECTION 13. General conditions of the fish pond rental contract. – 1.15) Commercially produced fish pond – a fully developed fish pond that produces at least 1000 kilograms of fish per hectare per year. In order to safeguard the rights of regular fish pond or shrimp workers under the incentive plan, the books of the owners of fish ponds or shrimp farms are regularly checked or inspected by auditors elected by employees. Procedure for the transfer and issuance of a 25-year lease. (g) the occupation or introduction of improvements in the requested area without a fish pond lease; and SECTION 3. People who can apply for a rental agreement. – The following persons may apply for a fish pond lease: (a) four (4) copies of the sketch plan of the area vacated for fish pond purposes with its technical description taken from the land classification map of the Bureau of Forestry Administration; SECTION 8. Initial requirements for submitting the fish pond application.
– The initial conditions for the filing of the application for a single lease are as follows: SECTION 10. When is the application deemed to have been filed? – An application for a lease is deemed to have been submitted on the date and time when the original was actually received by the office of its regional offices where the site is located. Applications with incomplete originality requirements will not be processed. (c) the fish pond covered by the lease is designed in such a way as not to impede the free navigation of watercourses, rivers, flyways, lakes or creeks that flow or are adjacent to fish barns, fish cages, fish traps and fish ponds, impede the flow and descent of the tide to and from the area; Any construction carried out in violation of this construction will be removed by order of the Ministry by BFAR in coordination with the other government agencies concerned at the expense of the RENTER or its occupants, if any. SECTION 20. Conditions of assignment/transfer of property rights and interests. – The transfer/transfer may be authorized under the following conditions: The area of the rented fish pond may not exceed the following areas: SECTION 12. Final requirements for the issuance of a lease. – A fish pond lease may be granted to an applicant upon presentation of the following points: g) The tenant`s rental rights may be transferred to any financial institution, subject to the prior written agreement of the LESSOR, in order to obtain a loan for the development of the area covered by the lease.
1.11) Suitable for the purposes of the fish pond – meets all recognized criteria in terms of height, soil type, soil depth, topography and water supply necessary for the successful development of the fish pond. After evaluating and reviewing the survey report, the Land Classification Committee recommends that the Department of Natural Resources certify the availability or unavailability of the area for the development of fish ponds (Ministry Order No. 3). Pursuant to Sections 3, 6, 12, 13, 45, 46, 50, 55, 57, 65 and 107 of Republic Act No. 8550, also known as the Philippine Fisheries Code of 1998, and Section 4 of Republic Act No. 7881 enact the following rules and regulations for the leasing of public lands for the purpose of developing fish ponds: f) The lease rights of the RENTER may be transferred to another party for all or part of the area of the fish pond granted herein, subject to the prior written consent of the LESSOR; provided that the duration of the rental agreement applies to the unexpired term of the original rental agreement. Actual residents of fish pond areas due to the expiration of annual permits, who regularly pay rents, are therefore required to enter into a 25-year fish pond lease for the area. After a proper assessment of the report, the applicant shall be informed in writing of the approval or rejection of the application. If approval of the application is recommended, the applicant must meet the following requirements: (a) a person may be authorized to lease an area not exceeding fifty (50) hectares; 1.1) Fish Pond Lease – an agreement between the Minister of Agriculture and the qualified fish pond applicant for the use of Public lands for the development of fish ponds for a period of twenty-five (25) years.
Once approved, the 25-year fish pond lease is returned to the Bureau of Fisheries and Aquatic Resources, which in turn notifies the tenant of its approval. The original 25-year lease is sent to the tenant. SECTION 16. Cash deposit. – Prior to the issuance of a lease, the applicant must deposit a cash security with the office or its regional offices as a guarantee of good faith at the time of submission of the application and satisfactory compliance with existing fishing laws, rules and regulations and the terms of the lease. The cash deposit is one hundred (P100.00) pesos per hectare or fraction thereof: Provided, however, that after five (5) years, the RENTER has fully developed and produced the area on a commercial scale and has satisfactorily fulfilled all the requirements and conditions of the rental agreement, the Director may credit them for the payment of annual rents. (d) Any branch of government, person or association engaged in the development of fish ponds for scientific, research or educational purposes may obtain an area not exceeding ten (10) hectares by means of a free permit. d) Fraudulent, false or misleading details or information in the application and / or other documents submitted before or after the issuance of the rental agreement; (b) between an applicant and a bona fide resident of an area available for fish pond purposes, the latter shall have the right to have preference over that area; in this case, the actual resident, if qualified, will be instructed by the Director to submit an application for a fish pond within thirty (30) days of receipt of such notice. If the resident is not legally allowed to apply for ownership, or loses his rights because he has not submitted or rejected his application for a fish pond within the aforementioned period, he is obliged to leave the premises.
(b) a completed fish pond rental contract form that has been duly accepted before a notary; e) The RENTER must make improvements in the area within one hundred and eighty (180) days from the date of issue of the rental agreement, otherwise it will be cancelled. The leased area will be developed and produced on a commercial scale within three (3) years of FLA APPROVAL; Provided, however, that any land that does not produce entirely within five (5) years of the date of approval of the lease is automatically transferred to the public area for reforestation […].