Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
1" Regular Session

House Bill No. 2065

Introduced by Representative HAROLD JAMES T. DUTERTE

EXPLANATORY NOTE

Section 7, Article XIII of the 1987 Constitution commands as follows “The state shall protect the
rights of subsistence fishermen, especially of local communities, to the preferential use of local
marine and fishing resources, both inland and offshore” and “provide support to such fishermen
through appropriate technology and research, adequate financial, production, and marketing
assistance, and other services.”

Philippines, as an archipelagic state, does not only boast its vast waters but also its abundant marine
and aquatic resources.

Despite the invaluable contribution of our fisherfolk to the country, they remain one of the poorest
sectors in our country. According to the Philippine Statistics Authority, the poverty incidence of
fisherfolks is at 30.6% — the highest among all basic sectors in the country.

While there are ongoing initiatives to address the poverty in the fishing sector, including
development plans and initiatives focused on sustainable fishing practices and improving
livelihoods, only a line bureau under the Department of Agriculture, the Bureau of Fisheries and
Aquatic Resources (BFAR), is given the mandate to spearhead the said initiatives.

Its in this regard that this proposed bill seeks to create the Department of Fisheries and Aquatic
Resources which shall serve as the primary policy and regulatory body on fisheries and aquatic
resources in the country, in lieu of the existing Bureau of Fisheries and Aquatic Resources (BFAR).
‘The proposed measure will not only streamline the bureaucratic functions related to the fisheries
and aquaculture industry, but also empower an independent government agency that will not only
conserve, promote, and develop the industry but also champion the rights of the local Filipino
fishermen.

In view of the foregoing, the approval of this Bill is earnestly sought.

HON. HAROLD JAMES T. DUTERTE


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
1 Regular Session

House Bill No.2059 _
Introduced by Representative HAROLD JAMES T. DUTERTE

AN ACT
CREATING THE DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES,
DEFINING ITS MANDATE, POWERS AND FUNCTIONS, AND APPROPRIATING
FUNDS THEREFORE

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "Department of Fisheries
and Aquatic Resources Act."

CHAPTER I
POLICIES AND DEFINITIONS

SEC. 2. Declaration of Policies. — It is hereby declared the policy of the State to protect,
conserve, manage, and develop the nation's fisheries and aquatic resources including its
archipelagic waters, inland waters, territorial sea, exclusive economic zone (EEZ), and continental
shelf, and reserve their sustainable use and enjoyment exclusively to Filipino citizens.

‘The State shall promote and ensure the sustainable development and management of all
aquaculture, fisheries, and marine resources in Philippine waters, including the EZ. and in the
adjacent high seas in order to maintain a sound ecological balance, protect and enhance the quality
of the environment, and ensure the country's food security and fish self-sufficiency

It shall protect the rights of small-scale fishermen in the preferential use of communal
marine, fisheries, and aquatic resources. It shall also be the policy of the State to support private
initiative in aquaculture and fisheries business ventures both in the production and in the
exportation or importation of fish and fishery products and by-products. ‘Towards this end, the
State shall provide the fisherfolk, fish farmers, canneries and processors, traders and other
investors the appropriate technical, financial, entrepreneurial, and other support services in order
to improve fish production and to uplift the lives of those dependent in the fish industry

SEC. 3. Creation and Mandate. ~ ‘There is hereby created a Department of Fisheries and
Aquatic Resources, hereinafter referred to as the Department, which shall have primary
responsibility and jurisdiction over the regulation, management, conservation, preservation,
development, protection, utilization, and disposition of all aquaculture, fisheries, aquatic, coastal
and marine resources and ecosystems in the inland and archipelagic waters, and territorial seas,


EZ, and continental shelf of the country, including the habitats of fish and all other marine life,
and other activities, which impact on these habitats.

All blue food economy activities or initiatives including, but not limited to fisheries and
aquatic resources, canning, and processing; marine resource utilization and development such as
biotechnology and bioprospecting, seaweed farming or harvesting, ecosystem such as coral reef,
mangroves preservation; coastal protection; marine scientific research, and other marine industry
development areas shall be under the jurisdiction of the Department.

‘The Department shall strive to ensure the countzy’s fish security and self-sufficiency, and
to contribute to the country’s development in general, and the upliftment of the lives of fisherfolks,
in particular.

SEC. 4. Definition of Terms. — As used in this Act:

a. Ancillary Industries refer to the firms or companies related to the supply, construction
and maintenance of fishing vessels, gears, nets and other fishing paraphernalia; fishery
machine shops; and other facilities such as feed plants, cold storage and refrigeration,
processing plants and other pre-harvest and post-harvest facilities;

b. Appropriate Fishing Technologies refers to adaptable technology, both in fishing and
ancillary industries that are ecologically sound, technology driven, efficient, and preferably
locally developed;

. Aquaculture refers to the fisheries operations involving all forms of propagating and
culturing fish and other fishery species in freshwater, brackish water, and marine water
areas, including hatcheries and nurseries, and aquatic feed production;

d. Aquatic Resources refer to the living resources in freshwater, brackish water, and marine
waters, including fish and all other aquatic flora and fauna, including salt and corals;

¢. Archipelagic Waters refer to the waters enclosed by the archipelagic baselines drawn in
accordance with Asticle 47 of the United Nations Convention on the Law of the Seas
(UNCLOS), described as archipelagic waters, regardless of their depth or distance from
the coast as contemplated in Article 49 (1) of the UNCLOS;

f. Blue Economy refers to the stewardship of ocean resources, and its overall contribution
to the fisheries sector, and marine and coastal resources as a growth opportunity for both
developed and developing countries, for human development, social equity and ecological
well-being; oceans to economies, the need to address the environmental and ecological
sustainability of the oceans, and the ocean economy as a growth opportunity for both
developed and developing countries;

8 Blue Economy Initiatives or Activities mutual supportiveness between food security, trade
and the environment including ecosystem services not covered by the market but provide
significant contribution to economic and human activity, biodiversity, and recognizes the
objectives of sustainable development of traditional ocean activities such as fisheries,
tourism and maritime transport and waste management, including emerging industries
including such as renewable energy, aquaculture, seabed extractive activities and marine
biotechnology and bioprospecting. blue economy also includes ocean ecosystem services
not captured by the market but provide significant contribution to economic and human


activity such as carbon sequestration, coastal protection, ecosystem preservation,
management of marine pollution waste disposal, and the existence of biodiversity;

Coastal Area or Zone refers to a band of dry land and adjacent ocean space (water and
submerged land. in which terrestrial processes and uses directly affect oceanic processes
and uses, and vice versa; its geographic extent may include areas within a landmark limit
of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish
water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward
limit of 200 meters isobath to include coral reefs, algal flats, seagrass beds and other soft-
bottom areas;

Code refers to Republic Act Number 8550, otherwise known as the Philippine Fisheries
Code of 1998, as amended by Republic Act Number 10654;

Commercial Fishing refers to the taking of fishery species by passive or active gear for
trade, business & profit beyond subsistence or sports fishing, to be further classified as:
1. Small scale commercial fishing refers to the fishing with passive or 1 active gear
utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;
2. Medium scale commercial fishing - fishing utilizing active gears and vessels of 20.1
GT up to one hundred fifty (150) GT; and
3. Large commercial fishing - fishing utilizing active gears and vessels of more than
cone hundred fifty (150) GT.

Department refers to Department of Fisheries and Aquatic Resources;

Endangered, Rave or Threatened Species - aquatic plants, animals, including some varieties
of corals and sea shells in danger of extinction as provided for in existing fishery laws, rules
and regulations or in the Biodiversity Management Bureau of the Department
Environment and Natural Resources (DENR), and in the Convention on the International
‘Trade of Endangered Species of Flora and Fauna (CITES);

Exclusive Economic Zone (EEZ) refers to an area beyond and adjacent to the territorial
sea which shall not extend beyond 200 nautical miles from the baselines as defined under
the UNCLOS;

|. FARMCS refer to the Fisheries and Aquatic Resources Management Councils;

. Fish and Fishery or Aquatic Products refer to finfish, mollusks, crustaceans, echinoderms,
marine mammals, and all other species of aquatic flora and fauna and all other products of
aquatic living resources in any form;

Fish pen refers to an artificial enclosure constructed within a body of water for culturing
fish and fishery or aquatic resources made up of poles closely arranged in an enclosure
with wooden materials, screen or nylon netting to prevent escape of fish;

Fisherfolk. refers to people directly or personally and physically engaged in taking,
culturing and processing fishery and aquatic resources;

Fisherfolk. Cooperative refers to a duly registered association of fisherfolk with a common
bond of interest, who have voluntarily joined together to achieve a lawful common social
‘economic end, making equitable contribution to the capital requirement and accepting a


bb.

dd.

fair share of the risks and benefits of the undertakings in accordance with universally
accepted cooperative principles;

Fisherfolke Organization refers to an organized group, association, federation, alliance or
an institution of fisherfolk which has at least fifteen (15) members, a set of officers, a
constitution and by-laws, an organizational structure and a program of action;

Fisheries refers to all activities relating to the act or business of fishing, culturing,
preserving, processing, marketing, developing, conserving, and managing aquatic resources
and the fishery areas, including the privilege to fish or take aquatic resources therefrom;

Fisheries Adjudication Board refers to the Board created under this Act that shall perform
quasi-judicial functions and administrative adjudication and shall settle conflicts on
resource use and allocation;

Fisheries Attaché refers to a diplomat who collects, analyzes, and acts on information on
fisheries and other related spheres in a foreign country or countries;

Fish pond refers to a land-based facility enclosed with earthen or stone material to
impound water for growing fish;

Fishing Vessel / Gear License refers to a permit to operate specific types of fishing vessel
/gear for specific duration in areas beyond municipal waters for demersal or pelagic fishery
resources;

Fishery Management Areas refers to delineated bodies of water in the Philippines based
on an approximation of fish stocks and their boundaries, range and distribution and other
considerations for the purpose of fisheries management or governance that is science-
based, participatory, and transparent, and applying the ecosystem approach to fisheries
‘management;

Fishery Operator refers to the one who owns and provides the means including land,
labor, capital, fishing gears and vessels, but does not personally engage in fishery fishing;

Fishery Reserve refers to a designated area where activities are regulated and set aside for
educational and research purposes;

Fishery Species refer to all aquatic flora and fauna including, but not restricted to, fish,
algae, coclenterates, mollusks, crustaceans, echinoderms and cetaceans;

. Fishing refers to the taking of fishery species from their wild state of habitat, with or

without the use of fishing vessels;

Fishing gear refers to any instrument or device and its accessories utilized in taking fish
and other fishery species:

1. Active fishing gear is a fishing device characterized by gear movements, and/or
the pursuit of the target species by towing, lifting, and pushing the gears,
surrounding, covering, dredging, pumping and scaring the target species to
impoundments; such as, but not limited to, trawl, purse seines, Danish seines, bag
nets, paling, drift gill net and tuna longline.


2. Passive fishing gear is characterized by the absence of gear movements and/or the
pursuit of the target species; such as, but not limited to, hook and line, fishpots,
traps and gill nets across the path of the fish.

ce. Fishing vessel refers to any boat, ship or other watercraft equipped to be used for taking
of fishery species or aiding or assisting one (1) or more vessels in the performance of any
activity relating to fishing, including, but not limited to, preservation, supply, storage,
refrigeration, transportation and/ot processing;

ff. Fish worker refers to a person regularly or not regularly employed in commercial fishing
and related industries, whose income is either in wage, profit-sharing or stratified sharing
basis, including those working in fish pens, fish cages, fish corrals/1 traps, fishponds,
prawn farms, sea farms, salt beds, fish ports, fishing boat or trawlers, or fish processing
and/or packing plants. Excluded from this category are administrators, security guards and
overseers;

gg. Food Security refers to any plan, policy or strategy aimed at ensuring adequate supplies of
appropriate food at affordable prices. Food security may be achieved through self-
sufficiency such as ensuring adequate food supplies from domestic production, through
self-reliance such as ensuring adequate food supplies through a combination of domestic
production and importation, or through pure importation;

hh. Inland Fishery refers to the freshwater fishery and brackish water fishponds;

ii, Lake refers to an inland body of water, an expanded part of a river, a reservoir formed by
adam, or a lake basin intermittently or formerly covered by water;

i. Monitoring, control and surveillance
1. Monitoring refers to the requirement of continuously observing: (1) fishing effort
which can be expressed by the number of days or hours of fishing, number of fishing
gears and number of fisherfolk; (2) characteristics of fishery resources; and (3) resource

yields (catch);

2. Control refers to the regulatory conditions (legal framework) under which the
exploitation, utilization and disposition of the resources may be conducted; and

3. Surveillance refers to the degree and types of observations required to maintain
compliance with regulations.

kk. Municipal fisherfolk refers to persons who ate directly or indirectly engaged in municipal
fishing and other related fishing activities;

IL Municipal fishing refers to fishing within municipal waters using fishing vessels of three
(3) gross tons or less, or fishing not requiring the use of fishing vessels;

mm. Municipal waters refer to streams, lakes, inland bodies of water and tidal waters
within the municipality which are not included within the protected areas as defined under
Republic Act No. 7586, otherwise known as the “National Integrated Protected Areas
System Act of 1992”, public forest, timber lands, forest reserves or fishery reserves,
including marine waters between two (2) lines drawn perpendicular to the general coastline


from points where the boundary lines of the municipality touch the sea at low tide and a
third line parallel with the general coastline including offshore islands and fifteen (15)
kilometers from such coastline. Where two (2) municipalities are so situated on opposite
shores that there is less than thirty (30) kilometers of marine waters between them, the
third line shall be equally distant from opposite shore of the respective municipalities;

nn. Person refers to natural or juridical entities such as individuals, associations, partnership,
cooperatives or corporations;

00. Philippine waters refer to all bodies of water within the Philippine 1 territory such as lakes,
rivers, streams, creeks, brooks, ponds, swamps, lagoons, gulfs, bays and seas and other
bodies of water now existing or which may hereafter exist in the provinces, cities,
municipalities, and barangays and the waters around, between and connecting the islands
of the archipelago regardless of their breadth and dimensions, the territorial sea, the sea
beds, the insular shelves, and all other waters over which the Philippines has sovereignty
and jurisdiction including the 200-nautical miles Exclusive Economic Zone and the
continental shelf;

pp. Public maters refer to waters open of right to the use of the general public;
qq. Secretary refers to the Secretary of the Department;

mr, Self-sufficiency refers to the state of being able to provide for oneself without the necessity
of aid from other persons or states; and

ss. Territorial seas refer to any area of water over which a state has jurisdiction, including
internal waters, the territorial sea, the contiguous zone, the exclusive economic zone and
potentially the continental shelf as defined in the UNCLOS.

CHAPTER II
THE DEPARTMENT

SEC. 5. Powers and Functions.
the following powers and functions:

ro accomplish its mandate, the Department shall have

a. Promotion of Aquaculture and Fisheries Production

i, Formulate and implement a short-term, medium-term and long-term
Comprehensive National Fisheries Industry Development Plan;

ii, Formulate and implement a Comprehensive Fisheries Research and Development
Program, such as, but not limited to, sea farming, sea ranching, tropical or
omamental fish and seaweed culture, aimed at increasing resource productivity,
improving resource use efficiency, and ensuring the long-term sustainability of the
country’s fishery and aquatic resources;

iii, Provide extensive development support services to fishermen and organizations
of fishermen, as well as those involved in fisheries production in all aspects,
including processing and marketing;


iv.

vii,

viii.

xiii,

Promote the sustainable development, management and production of aquaculture
and fisheries products;

Provide advisory services and technical assistance on 1 the improvement of quality
of fish from the time it is caught on-board fishing vessel, at landing areas, fish
markets, to the processing plants and to the distribution and marketing chain;

Coordinate efforts relating to fishery production undertaken by the primary fishery
producers, LGUs, FARMCs, fishery organizations or cooperatives;

Advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;

Coordinate with LGUs and other concerned agencies for the establishment of
productivity enhancing and market development programs in fishing communities
to enable women and youth to engage in other fisheries OR economic activities
and contribute significantly to development efforts:

Assist the LGUs in developing their technical capability in the development,
management, regulation, conservation, and protection of the fishery resources;

Establish and maintain a Philippine Fisheries and .\quatic Resources Information
System (PFARIS) that will function as the principal repository and information
server of all aquaculture, fisheries and marine resources and their habitats, all
matters pertaining to aquaculture and fisheries production, processing,
distribution, marketing, policies and research results and_ technological
advancements;

Develop value-added fishery products for domestic consumption and export;

Develop and implement a Monitoring, Control and Surveillance System (MCSS)
for Philippine fisheries and oceans at the national and regional levels to ensure that
the fisheries and marine resources in Philippine waters are judiciously and
sustainably utilized and managed;

Establish and implement, a National Marketing Assistance Program, aimed at
ensuring the generation of the highest possible income for fisherfolk and fishery-
related enterprises, matching supply and demand in both domestic and foreign
markets;

Establish and administer a fisheries modernization credit program to fishery
projects of fisherfolk, fish farmers, fish processors, commercial fishers, and other
qualified borrowers;

Formulate planning and investment policy for blue economy, including

identification of development, production, and protected areas, and marine spatial
jlans;

Conduct complete resource inventory and monitoring for strategic 1 planning and

programming as well as evaluation and assessment of key imstiatives to ensure

increased productivity of THE. fisheries sector, promote sustainability,

conservation, and protection efforts; and


Supervise and monitor the country
products.

's production of aquaculture and fisheries

b. Fisheries Protection, Conservation and Sustainable Development

iii,

iv.

vi.

Engage in the conservation, protection and rehabilitation of rare, threatened and
endangered aquatic species as it may determine, including their habitats and
designate marine and other aquatic areas as protected areas for the special purposes
stated in the notice of declaration in compliance with the relevant provisions of
international treaties and agreements such as, but not limited to, the Convention
on the International Trade in Endangered Species [CITES] of Wild Flora and
Fauna, United Nations Convention on the Law of the Sea [UNCLOSI, and
Convention on Biological Diversity [CBD]. For this purpose, the Aquatic
Protected Areas and Wildlife Service is hereby created;

Conduct researches for the conservation, protection and management of fisheries
products and resources;

Establish research institutes for fisheries and aquatic resources production,
development, management, conservation, and protection;

Adopt and implement a national plan of action to manage fishing capacity,
implement the international code of conduct for responsible fisheries, and declare
fishery management areas as over-exploited in coordination with the LGUs and
FARMCs;

Formulate policies for the conservation and management of straddling fish stocks,
highly migratory fish stocks and threatened living marine resources such as sharks,
rays and ludong, inter alia, in the Philippine Exclusive Economic Zone, territorial
sea, archipelagic and internal waters, in coordination with LGUs and
integrated/municipal/city Fisheries and Aquatic Resources Management Councils;
and

Develop other blue economy initiatives to conserve, protect, or harness marine
and coastal resources and ecosystems.

Enforcement and Regulation

Enforce all fishery laws, as well as formulate and enforce all rules and regulations
governing the conservation and management of fishery resources including
municipal waters, and to settle conflicts of resource use and allocation in
consultation with the NFARMC, LGUs and local  ARMCs;

Issue rules, regulations and guidelines for the protection and promotion of
aquaculture, fisheries, marine and aquatic resources of the country, including the
habitats of fish and all other marine life and over activities, which impact on these
habitats;

Regulate the capture and/or production of fish and fishery products in public
waters;


iv.

vi.

vii.

viii,

xii,

i

ii

Regulate the leasing of fishponds to qualified persons and fisherfolk organizations
or cooperatives. The Department may collect reasonable fees from the lease
agreements;

Arrest, search and seize, through its authorized and designated law enforcement
officers, deputized government officials and employees, punong barangays and
officers and members of fisherfolk associations who have undergone training on
law enforcement all those violating fishery laws;

Issue licenses for the operation of commercial fishing vessels;

Issue identification cards free of charge to fish workers engaged in commercial
fishing;

Implement an inspection system for import and export of fishery /aquatic products
and fish processing establishments, consistent with international standards to
ensure product quality and safety;

‘Train, designate and deploy fisheries observers in Philippine flagged fishing vessels
engaged in commercial fishing in Philippine waters or distant water fishing to
ensure compliance with conservation and management measures adopted by
REMOS and by the Department;

Adopt an appropriate monitoring, control, surveillance and traceability system for
municipal fishing vessels supplying exporters with concurrence of the local
government units;

Prescribe rules, regulations, procedures and guidelines concerning the
classification, establishment, construction, maintenance and operation of all
fishing ports, landing sites, fish markets and the operation of business therein,
including manual of procedure in the conduct of monitoring and inspection
thereof;

Determine the appropriate levels of administrative and other sanctions concerning
violations of fisheries laws, rules and regulations, particularly for serious violations
that deprive offenders of economic benefits; and

Prescribe rules, regulations, procedures and guidelines concerning the
classification, establishment, construction, maintenance and operation of blue
economy initiatives ot activities

For this purpose, the Fisheries Control and Surveillance Center is hereby created
as a government-owned and controlled corporation.

|. Quasi-judicial Functions

Perform quasi-judicial function or administrative adjudication under Chapter Ill of
this Act, and settle conflicts of resource use and allocation;

Hear and decide administrative cases before it;


Initiate the criminal prosecution of offenses committed in violation of this Code;
and

iv. Oversee the country's Fisheries Management Areas which shall be managed by
FMA Boards. The FMA Boards shall have rule-making, enforcement and quasi-
judicial powers in their respective jurisdiction. Decisions of FM\ Boards shall be
appealed to the Fisheries Adjudication Board.

¢. Other Powers and Functions

i. Exercise jurisdiction over all Philippine flagged fishing vessels operating in areas
governed by a Regional Fisheries Management Orpanization (RIMO) in the high
seas, or in waters of other coastal states;

ii, Monitor the implementation of joint fishing agreements between Filipino citizens
and foreigners who conduct fishing activities in international waters, and ensure
that such agreements are not contrary to Philippine commitments under treaties
or international agreements to which the Philippines is a party thereto;

iii, Establish a corps of specialists in collaboration with the Department of National
Defense, Department of the Interior and Local Government, Department of
Foreign Affairs for the efficient monitoring, control and surveillance of fishing
activities within Philippine territorial waters and provide the necessary facilities,
equipment and training therefor;

iv. Establish and maintain Fisheries Attaché in strategic countries to promote and
engage in economic and trade cooperation including negotiating bilateral and
multilateral trade agreements, promoting the exports of fish and fishery products
and facilitating professional contacts, exchanges, and technology transfer;

v. Promote international economic and technical cooperation in the fisheries and
oceans sectors and in integrated oceans management, especially within the ASEAN
region;

vi. Acquire, build, maintain, operate, purchase, lease or dispose equipment such as
fishing vessels, fishing gears, and refrigerated trucks, ice plants and cold chain
facilities, laboratories, communication, and aquaculture facilities:

vii. Acquire, build, maintain, operate, purchase or lease facilities such as shipyards, fish
ports, detention centers, and impoundment facilities, and in consideration of
which, projects or infrastructure developments may be undertaken in a Public-
Private Partnerships (PPPs) scheme; and

viii, Perform such other powers and functions which are necessary and relevant in
order to achieve its mandate.

SEC. 6. Structural Organization. — The Department shall consist of the Office of the
Secretary and four (3) Undersecretaries supported by five (4) Assistant Secretaries.

‘The Department shall be supported by bureaus, divisions, services, and institutes.

10


SEC. 7. Secretary of the Department. ~ ‘The Secretary of Fisheries and Aquatic Resources,
hereinafter referred to as the Secretary, shall be appointed by the President of the Philippines
subject to confirmation by the Commission on Appointments.

SEC. 8. Powers and Functions of the Secretary. — The Secretary shall:
a. Ensure that the mandate of the Department is achieved;

b. Exercise supervision and control over the Department, its Bureaus, Offices, Services, and
Institutes to ensure the effective performance of the powers and functions of the office;

c. Advise the President on the policies, rules and regulations, and other issuance relative to
the sustainable development and management of fisheries and aquatic resources;

d. Establish management policies and standards for the efficient and effective operation of
the Department in accordance with the programs of the government;

©. Promulgate rules and regulations and other issuance in carrying out the Department's
mandate objectives, policies, plans, programs and projects; and

f. Perform such other functions as may be provided by law or assigned by the President.

SEC. 9. Undersecretaries, — The Secretary shall be assisted by four (3) undersecretaries,
specifically the Undersecretary for policy and planning; operations and technical services; fisheries
protection, conservation and sustainable development; and regulations and enforcement, who
shall be appointed by the president upon the recommendation of the secretary.

‘The Office of Undersecretaries shall assist the Secretary in the exercise of the Department's
mandate and in the discharge of its powers and functions such as:

a. Provide periodic reports and advice to the Secretary on the plans and programs of their
offices and the respective functions under their defined areas of responsibility, and
recommend measures towards greater effectiveness and efficiency;

b. Exercise delegated authority, to the extent granted by the Secretary, on matters related to
the functions and activities of the units under their defined areas of responsibility; and

c. Perform other functions as may be provided by law or assigned by the Secretary.

SEC. 10. Office of Undersecretary for Operations and Technical Support Services. — ‘The
Office of the Undersecretary for Operation and Technical Support Services shall primarily assist
the Secretary in the promotion of aquaculture and fisheries production as specified in Section 5
(@) of this Act. It shall be primarily responsible in developing and implementing programs and
projects, as well as appropriate technologies, in order to assist the fisherfolks.

‘The Undersecretary for Operations and Technical Services shall primarily assist the
Secretary in supervising the operations of the Regional Offices.

SEC. 11. Office of the Undersecretary for Fisheries Protection, Conservation and

Sustainable Development, — The Office of the Undersecretary for Fisheries Protection,
Conservation and Sustainable Development shall primarily assist the Secretary in the development

1


and implementation of conservation, protection and sustainability efforts of the Department as
specified under Section 5 (b) of this Act.

SEC. 12. Office of the Undersecretary for Enforcement and Regulation. —The Office of
the Undersecretary for Enforcement and Regulations shall assist the Secretary in performing the
regulatory functions of the Department as specified under Section 5 (¢) of this Act.

SEC. 13. Assistant Secretaries. ~ The Secretary shall be assisted by four (4) Assistant
Secretaries who shall be appointed by the President upon the recommendation of the Secretary.

SEC. 14. Functions of the Assistant Secretaries. — Each of the four (4) undersecretaties
shall be assisted by an Assistant Secretary who shall have the following functions:

a. Provide periodic reports and advice to the Undersecretary on the programs and offices
under their defined and designated arcas of responsibility and recommend measures
towards greater effectiveness and efficiency;

b. Exercise supervision and control over the programs, budget, officers and personnel of the
offices, services, operating units under their defined and designated areas of responsibility;

c. Exercise delegated authority, to the extent granted or delegated by the Secretary, on
matters related to the functions and activities of the units under their defined areas of
responsibility;

d. Perform other functions as may be provided by law or assigned by the Secretary.

‘The fourth Assistant Secretary shall be in charge of the Finance and Administrative Support
Services of the Department.

SEC. 15. Qualifications and Appointment. ~ No person shall be appointed Secretary or
Undersecretary of the Department unless a Filipino citizen; has a degree in law or a master's degree
in fisheries, public administration, management, economics or other equivalent relevant
disciplines; has relevant experience in administration and management for at least ten (10) years;
and has general practical knowledge of fisheries. The Secretary and Undersecretaries shall be
appointed by the President of the Philippines in the manner prescribed by law.

No person shall be appointed Assistant Secretary, Bureau Director and Assistant Bureau
Director unless a Filipino citizen; has a degree in law or at least a master's degree in fisheries, public
administration, management, economics, statistics, engineering, law or other equivalent relevant
disciplines; with at least seven (7) years relevant experience, either in the public or private sector,
in administration and management, in marine fisheries research and development, or in the
aquaculture and fisheries industries. The Bureau Director, Assistant Bureau Director, Regional
Executive Director, or Assistant Regional Executive Director shall be appointed by the Secretary
upon the recommendation of the Undersecretary concerned.

No person shall be appointed Regional Executive Director or Assistant Regional Executi
Director, unless a Filipino citizen; and with at least five (5) years relevant experience either in the
public or private sector, in administration and management, fisheries research and development,
or in the aquaculture and fisheries industries.

12


All other officials and employees of the Department shall be appointed in accordance with
the Civil Service law, rules, and regulations.

Sec. 16. Regional, Provincial, and Municipal Offices and Functions. —In the same manner
as mandated in Section 66 of Republic Act No. 8550, as amended, otherwise known as “The
Philippine Fisheries Code of 1998”, by Republic Act No. 10654 entitled, “An Act To Prevent,
Deter And Eliminate egal, Unreported And Unregulated Fishing, Amending Republic Act No.
8550, Otherwise Known As ‘The Philippine Fisheries Code Of 1998) And For Other Purposes,”
hereinafter referred to as the Code, the Department shall establish regional, provincial and
municipal offices as may be appropriate and necessary to carry out effectively and efficiently the
provisions of this Code. Each regional office shall be headed by a regional executive director, who
shall be assisted by an assistant regional executive director. Each regional office shall have support
staff and line divisions as may be necessary which shall have the following duties and
responsibilities:

a. provide efficient and effective front-line service to the aquaculture, fishery and aquatic
industry sectors, particularly to the municipal fishermen;

b. implement the laws, policies, plans, programs, projects, rules and regulations of the
department;

c. coordinate with the regional office of the other departments, offices, and agencies in the
region; and

d._ perform other functions as may be provided by law or assigned by the secretary.

CHAPTER IIT
FISHERIES ADJUDICATION BOARD

SEC. 17. Fisheries Adjudication Board, ~ The Department is hereby empowered to hear
and impose administrative fines and penalties provided in the Code.

For this purpose, the Department shall organize a Fisheries Adjudication Board, herein
referred to as the Board, which shall have original jurisdiction to hear and adjudicate cases arising
from violations of the Code, and other fisheries laws, rules, and regulations.

The Board shall be composed of a Chairman and four (4) members. The Chairman shall be
designated by the Secretary from any of the Undersecretaries or Assistant Secretaries of the
Department. The four (4) other members of the Board shall be appointed by the Secretary and
shall have a rank equivalent to a Director IV. Except for the Chairperson, the four (4) members
of the Board shall serve for a non-renewable term of six (6) years. The Board shall be supported
by a sufficient number of personnel to enable it to perform its mandate.

‘The Board shall promulgate its rules and regulations for the conduct of administrative
adjudication and the disposition of confiscated catch, gears, equipment, and other paraphernalia.
It shall also issue subpoena duces tecum and ad testficandum in administrative cases before it.

SEC 18. Appeal of the Decision of the Board. — ¥:xcept for cases initiated by the Secretary,
the decision of the Board may be appealed to the Secretary of the Department within thirty (30)
days from receipt by the parties of the decision. The cases initiated by the Secretary shall be directly
appealed to the Office of the President.

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SEC. 19. Commencement of Summary Administrative Action. ~The Secretary, on his own.
instance, or upon the filing of a verified complaint by any person, shall institute administrative
proceedings with the Board against any person who violates the Code, the Philippine Fisheries
Code of 1998, and other fisheries laws, rules, and regulations.

SEC. 20. Power to Issue Cease and Desist Orders and to Summarily Evict Without the
Necessity of Judicial Order. The Board shall, subject to the requirements of administrative due
process, issue cease and desist orders upon violators and to summarily eject, without the necessity
of judicial order, the holder of a Fishpond Lease Agreement (FLA), other tenurial instrument,
permit or license from areas of the public domain covered by such FIA, tenurial instrument,
permit or license

SEC. 21. Authority of the Board or their Duly Authorized Representative to Issue Notice
of Violation and Order Confiscation. — 0 all cases of violations of the Code or other fisheries
laws, rules, and regulations, the Board or their duly authorized representative, may issue notice of
violation and order the confiscation of any fish, fishery species or aquatic resources illegally caught,
taken, or gathered, and all equipment, paraphernalia, and gears in favor of the Department,
academic institutions or LGUs and to dispose of the same in accordance with pertinent laws, rules,
regulations, and policies on the matter.

SEC. 22. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary
Injunctions, and Preliminary Mandatory Injunctions. — No injunction or restraining order from
the Municipal Trial Courts and Regional Trial Courts shall lie against the decision of the Board.

SEC. 23. Accompanying Administrative Sanctions for Serious Violations. ~ ‘he Board
may impose the following additional sanctions to the administrative penalties imposed for serious
violations:

confiscation of fishing gear;

impoundment of fishing vessel;

temporary suspension or permanent revocation of license ot permit;

temporary or permanent ban from the availment of applicable duty and tax rebates;
inclusion in the illegal, unreported, and unregulated (IUU) fishing vessel list;

denial of entry and other port services;

blacklisting; and

increase in the amount of fines but not to exceed five (5) times the value of the catch.

rR me ange

In case of repeated violations within a five-year period, the amount of fine may be
increased up to eight (8) times the value of the catch.

During the pendency of the administrative case, the Board may impound the vessel or
conveyance, gear, and other paraphernalia used in the commission of the offense.

In applying these accompanying sanctions, the Board shall take into account the seriousness
of the violation as defined in Paragraph 82 of Section 4 of the Code, the habituality or repetition
of violation, manner of commission of the offense, severity of the impact on the fishery resources
and habitat, socioeconomic impact, cases of concealment or destruction of evidence, eluding
arrest, resisting lawful orders, and other analogous circumstances.

‘The overall level of sanctions and accompanying sanctions shall be calculated in a manner

that is proportionate, effective, and dissuasive to deprive the offender of the economic benefits
derived from the serious violation.

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SEC. 24. Lien Upon Personal and Immovable Properties of Violators. — Fines and
penalties imposed pursuant to the Code shall constitute a lien upon the personal and immovable
properties of the violator.

SEC. 25. Community Service. ~ In case the offender is a municipal fisher-folk or has no
property over which the Board may impose the fines and penalties prescribed for the offense,
community service may be rendered in lieu of the fine.

‘The Board shall promulgate the rules and regulations for this purpose, taking into account
that the service to be rendered shall be in accordance with needs of the community where the
offense is committed and computed based on the fine and the prevailing minimum wage in the
community, among others.

SEC. 26. Fisheries National Administrative Register. —‘The Board shall create a Fisheries
National Administrative Register which shall be accessible online. All decisions, resolutions, or
orders involving violations of the Code, particularly serious violations committed by Philippine
flagged vessels or by Philippine nationals and cases on poaching or involving foreigners, including
the penalties imposed shall be uploaded.

CHAPTER IV
MISCELLANEOUS PROVISIONS

SEC. 27. Abolition, Transfer and Merger. ~ The Burcau of Fisheries and Aquatic
Resources (BFAR) that was reconstituted under Republic Act No. 8550, as amended by Republic
Act No. 10654, is hereby abolished and its relevant functions, appropriations, records, properties,
equipment and personnel are hereby transferred to the Department: Promided, however, That no
official or employee of the BFAR shall be demoted of laid off in the implementation of this
Section.

‘The position of Undersecretary for Fisheries and Aquatic Resources in the Department of
Agriculture (DA) created under Section 63 of Republic Act No. 8550 is hereby abolished.

The National Fisheries and Aquatic Resources Management Council created by Republic
Act No. 8550, as amended by Republic Act No. 10654 shall be transferred to the Office of the
Secretary of the Department.

The National Fisheries Research and Development Institute (NFRDI) created under
Republic Act No. 8550, as amended, shall be attached to the Department of Fisheries and Aquatic
Resources, to serve as its primary research arm.

To ensure the independent and objective implementation of its research activities, the
NFRDI shall have a separate budget specific to its manpower requirements and operations.

‘The Philippine Fisheries Development Authority created under Presidential Decree No.
977, s. 1976 entitled, “Creating The Philippine Fish Marketing Authority, Defining Its Functions
And Powers, And For Other Purposes”, including its relevant functions, appropriations, records,
properties, equipment and personnel, is hereby transferred as an attached agency of the
Department: Provided, however, That the Secretary of the Department shall be the new Chairperson
of the PFDA Board: Provided, further, That no official or employee of the PFDA shall be demoted
ot laid off in the implementation of this Section.

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‘The Philippine Technical and Advisory Committee of the Southeast Asian Fisheries
Development Center, Aquaculture Department (SEAFDEC/AQD) created under Executive
Order No. 834, s. 1982 entitled, “Creating A National Board On The SEAFDEC Aquaculture
Department Programs, Budget And Operations”, including its relevant functions, appropriations,
records, properties, equipment, and personnel, is hereby transferred and attached to the
Department: Provided, That no official or employee of the Board shall be removed in the
implementation of this section.

The fisheries-related sections of the Bureau of Agricultural Research, the Bureau of
Agricultural Statistics and the Agricultural ‘Training Institute of the Department of Agriculture are
hereby abolished, and all its personnel, records, appropriations, property, and equipment are
transferred to the Department.

‘The Marine Research and Conservation Division and the different sections and the Coastal
Environment Program of the DA including its relevant appropriations, personnel, records,
property and equipment, all marine and coastal related projects and programs of the Department
of Environment and Natural Resources (DENR), and all fisheries related functions under
Executive Order No. 192, s. 1987 Entitled, “Providing For ‘The Reorganization Of The
Department Of Environment, Energy And Natural Resources, Renaming It As The Department
Of Environment And Natural Resources, And For Other Purposes” And Executive Order No
292 s.1987 Entitled Instituting The “Administrative Code Of 1987”, except the functions of the
enforcement of water pollution laws, rules, and regulations, are hereby transferred to the
Department.

‘The fisheries-related functions of the Laguna Lake Development Authority, including its
relevant appropriations, records, and personnel, are hereby transferred to the Department: Provided,
however, That no official or employee of the LLDA shall be laid off in the implementation of this
Section.

‘The Philippine Council for Aquatic and Marine Research and Development is abolished
and all its personnel, records, appropriations, property and equipment are transferred to the
National Fisheries Research and Development Institute of the Department, to the extent granted
by the Secretary.

SEC. 28. Transitory Provisions. — In accomplishing the acts of organizing the Department
as herein prescribed, the provision of Republic Act No. 6656 or the Government Reorganization
Law, the following provisions shall be complied with:

a. The transfer of a government unit or agency shall include the function, appropriations,
funds, records, equipment, facilities, choses in action, rights, other assets and liabilities, if
any, of the transferred unit or agency as well as the personnel thereof, as may be necessary,
who shall, pending reappointment, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits in a hold- over capacity.

b. The transfer of functions which results in the change of agency management, choses in
action, rights, and other assets as may be necessary to the proper discharge of the
transferred functions. Its personnel shall, pending complete transfer, continue to perform
their duties and responsibilities.

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c. ‘The transfer of functions which results in the change of agency management, choses in
action, rights, and other assets as may be necessary to the proper discharge of the
transferred functions. Its personnel shall, pending complete transfer, continue to perform
their duties and responsibilities.

SEC. 29. Absorption, Separation and Retirement from Service. ~The existing employees
of the transferred, consolidated, and merged agencies under this Act shall enjoy security of tenure
and shall be absorbed by the Department, in accordance with their staffing patterns and the
selection process as prescribed under Republic Act. No. 6656 ot the Government Reorganization
Law.

Employees who are affected by the creation of the Department and are separated from
service within six (6) months from the effectivity of this Act as a result of the organization and
reorganization under this Act, shall receive separation benefits under Republic Act No. 6656, ot
the Government Reorganization Law, and other applicable Civil Service Law, rules and
regulations: Provided, That those who are qualified to retire and receive retirement benefits under
existing retirement laws shall be allowed to retire.

SEC. 30. Structure and Staffing Pattern. — Subject to the approval of the Department of
Budget and Management (DBM), the Department shall determine its organizational structure and
create new divisions or units as it may deem necessary, and shall appoint officers and employees
of the Department in accordance with Civil Service laws, rules, and regulations. Republic Act No.
6656 shall govern the reorganization of the Department, and the reorganization of affected
agencies.

SEC. 31. Appropriations. ~ ‘The amount needed for the initial implementation of this Act
shall be taken from the current year's appropriations of the agencies, entities, divisions, sections
or bodies abolished or transferred to the Department by virtue of this Act. Thereafter, such sums
as may be necessary for its continued implementation shall be included in the annual General
Appropriations Act.

SEC. 32. Implementing Rules and Regulations. — The Secretary of the Department of
Fisheries and Aquatic Resources, in consultation with concerned government agencies and
stakeholders including the Presidential Legislative Liaison Office and the members of the academe
and the fishing industry, shall formulate rules and regulations for the fall implementation of this
Act within one hundred twenty (120) days from the effectivity of this Act. Such rules and
regulations shall take effect upon publication in a newspaper of general circulation.

SEC. 33. Separability Clause. — \f any portion or provision of this Act is declared
unconstitutional or invalid, the other portions or provisions hereof, which are not affected thereby,
shall continue in full force and effect.

SEC. 34. Repealing Clause. ~ Sections 130-140 of Republic Act No. 8550, as amended by
Republic Act No. 10654 are hereby repealed. All other laws, decrees, orders, rules and regulations
or parts thereof inconsistent with the Act or rules and regulations promulgated pursuant thereto
are hereby repealed or amended accordingly.

SEC. 36. Effectivity. ~ This Act shall take effect fifteen (15) days after publication in the
official gazette or in two (2) national newspapers of national circulation.

Approved,

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