4 Siting and licensing

Authorizations to engage in and set up an aquaculture facility are granted by Local Government Units (LGUs) that have jurisdiction over the location and licensing of the aquaculture operation in municipal waters defined as to include streams, lakes, inland bodies of water and tidal waters within the municipality (and which are not included within protected areas) as well as the marine waters as delineated in the Fisheries code of 1998 (basically limited to the territorial waters 15 km from its baseline).

awarded to other applicants. The BFAR prescribes the guidelines for the installation of sea cages.
• Type of operation to be carried out (species to be cultured, technology and system to be used)
• Time frame of the permit or lease
• Performance
• Fees
• Termination.
Mariculture operations require a lease approved by the
LGU, specifically to address the following:
• Extent (area) of mariculture site

Grant of mariculture zone areas is based on mooring spaces to ensure that usage of area-space for sea cage farming is solely based on the granted space as provided. Granted mooring spaces not developed/installed with cages within 6 months will be lost and
The Fisheries Code of 1998 requires all LGUs to enact regulations on aquaculture licensing and permits. The Code spells out the need to control stocking density and feeding rates in such aquaculture facilities.
Granting of culture areas shall be prioritized as follows:
a. First Priority: Local fishers/residents and Filipino companies operating within the municipality where the mariculture zone is located
b. Second Priority: Residents or Filipino companies operating within the province or region where the mariculture zone is located
c. Third Priority: All other Filipinos or Filipino companies in the Philippines
d. Fourth Priority: Foreign nationals or companies allowed to engage in natural resource development following existing legal framework.
For larger investors:
a. First Priority: Enterprises engaged in fishing
b. Second Priority: Enterprises engaged in food production
c. Third Priority: All other small enterprises that would like to venture into mariculture.
For small investors:
a. First Priority: Entrepreneurs engaged in the fisheries industry
b. Second Priority: Entrepreneurs engaged in the agricultural sector
c. Third Priority: All other small entrepreneurs who would like to engage in mariculture.
For the marginalized sector that is eligible to operate within the fully developed area, the prioritization shall be as follows:
a. First Priority: Fishers displaced from their usual fishing practice due to restrictions on type of fishing gear allowable within municipal waters
b. Second Priority: All other municipal fishers operating within the area where the mariculture zone is located who may want to shift to mariculture.
Duly registered fisher folk organizations/cooperatives have preference in the grant of fishery rights by the LGUs. The SEAFDEC, through its Aquaculture Department and BFAR can provide technical assistance for the establishment, training and marketing support to local government units, coastal fishers, cooperatives/ associations, and nongovernment organizations with respect to the establishment.
The applicant for the mariculture zone locator need to submit the following documents:
a. Operational Plan (to be provided by the mariculture zone if necessary)
b. List of machinery and equipment to be used by the applicant with the statement of their capacity, ownership and/or mode of payment.
Additional documents required include:
c. Copies of articles of incorporation and bylaws
d. Resolution of applicant’s board of directors authorizing the filing of application; list of each director, principal officers and major stockholders including their bio-data
e. Company brochures and/or photographs of product
f. Other supporting documents, papers, clearances as may be required by the EMC depending upon the nature of the business and the type of business organization of the applicant.
A certificate of lease is issued only upon the execution of the lease agreement by the EMC and when the applicant has:
a. Complied with all the pre-registration requirements
b. Submitted within 20 calendar days from the receipt of the notice of approval of the application, a formal acceptance of the proposed terms and conditions of registration for good cause shown; said period maybe extended if the request therefore is filed before the expiration of the period sought to be extended
c. Paid the registration fee—however, in appropriate cases as may be determined by the board, the mariculture zone management or the duly authorized officers of the EMC shall be empowered to issue business permits and licenses to mariculture zone locators in lieu of the certificate of registration after the proper evaluation of their application in accordance with the set of criteria duly approved by the board and upon payment of the corresponding fees.
The Land Bank of the Philippines (LBP) can provide financial or loan assistance to registered fisher organizations/cooperatives for the construction of the fish cage and to finance the initial stocks and feeds.