Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. fase

Introduced by Honorable Michael L. Romero

EXPLANATORY NOTE

‘The Bureau of Fisheries and Aquatic Resources (BFAR), after undergoing a

series of reorganizations in the past decades, today has nine (9) functional

divisions:

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. Fisheries Policy Research and Economics Division
. Fishery Resources Administration Division
. Fisheries Development and Support Services Division

Aquaculture Division

. Fisheries Resources Research Division

EEZ Fisheries and Allied Services Division

. Fishing Technology Division

Fisheries Regulation and Quarantine Division
and Post-Harvest Technology Division

The BFAR also has eight (8) fisheries technology center under its wing:

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The National Marine Fisheries Development Center

. National Brackish-water Aquaculture Technology Research

Center

. National Freshwater Fisheries Technology Research Center
. Tanay Freshwater Experimental Station

Fisheries Biological Station Complex


6. National Fisheries Research and Development Center
7. National Seaweeds Technology and Development Center
8. Mindanao Freshwater Fisheries Technology Center

This House Bill seeks to further intensify the authority and power of the Bureau
of Fisheries and Aquatic Resources (BFAR) by clevating it to the level of a
Department.

This House Bill further empowers the Department to develop, conserve, manage,

protect and utilize the country's fisheries and aquatic resources.

‘Thus, the early passage of this bill is earnestly requested.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

4480
HOUSE BILL NO. ___

Introduced by Honorable Michael L. Romero

AN ACT

CREATING THE DEPARTMENT OF FISHERIES AND AQUATIC
RESOURCES, AND FOR OTHER PURPOSES

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

SECTION 1. TITLE - This Act shall be known as the Department of
Fisheries and Aquatic Resources Act of 2019.

SECTION 2. DECLARATION OF POLICY - It is hereby a declared
policy of the state to foster the development, improvement, law enforcement,
management and conservation of the Philippines’ fisheries and aquatic

resources.

The State shall protect the rights of subsistence fishermen, especially the
local communities, to the preferential use of the communal marine and fishing

resources, both inland and offshore.


The State shall provide support to such fishermen through appropriate
technology and research, adequate financial and marketing assistance, and

other services.

‘The State shall also develop and conserve such resources. The protection
shall extend to offshore fishing grounds of subsistence fishermen against foreign
intrusion, Fish workers shall receive a just share from their labor in the

utilization of marine and fishing resources.

SECTION 3. CREATION OF THE DEPARTMENT OF FISHERIES
AND AQUATIC RESOURCES. — There shall hereby be created the Department
of Fisheries and Aquatic Resources, hereinafter referred to as the Department.

SECTION 4. MANDATES OF THE DEPARTMENT - The
Department shall hereby promote, encourage, conserve the country's fishing
resources in order to insure a steady and sufficient supply of fish, and other
fishery products for our increasing population.

The Department shall enable those who belong to the fisheries sector to
participate and share in the fruits of development and growth in a manner that
utilizes the nation’s resources in the most efficient and sustainable way possible

The Department shall promote food security and shall adopt a market
approach in assisting the fisheries sectors while recognizing the contribution of
the sector to food security, environmental protection.

The Department shall promote market-oriented policies in production to
encourage fisher folk to engage in efficient and effective means of livelihood with
the end in view of developing such sectors while modernizing the fisheries sector
in a technology-based industry.


SECTION 5. POWERS AND FUNCTIONS OF THE DEPARTMENT

The Department shall conduct the following:

(i) prepare and implement a Comprehensive National Fisheries
Industrial Development Plan;

(ii) issue licenses for the operation of commercial fishing
vessels;

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

(iv) monitor and review joint fishing agreements between
Filipino citizens and foreigners who conduct fishing activities
in international waters, end ensure that such agreements are
not contrary to international treaties and convention on
fishing in the high seas;

(vjenter into contracts, joint venture agreements, public-
private partnerships and such other memoranda of
agreements or understanding, either domestic or foreign,
under such terms and conditions as the Department may
deem proper and reasonable and subject to existing laws;

(vi) formulate and implement a Comprehensive Fishery
Research and Development Program, such as, but not limited
to, sea farming, sea ranching, tropical/ornamental 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;

(vii) establish and maintain a Comprehensive Fishery
Information System;

(viii) provide extensive development support services in all
aspects of fisheries production, processing and marketing;

(ix) provide advisory services and technical assistance on the
improvement of quality of fish from the time it is caught;

(x) coordinate efforts relating to fishery production
undertaken by the primary fishery producers, I-GUS,
FARMCs, fishery and organizations /cooperatives;

(xi) advise and coordinate with LGUs on the maintenance of
proper sanitation and hygienic practices in fish markets and
fish landing areas;

(xiiJestablish a corps of specialist 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;

(xiii) implement an inspection system for import and expat of
fishery /aquatic products and fish processing establishments,
consistent with international standards to ensure product
quality and safety;

(xiv) coordinate with LGUs and other concerned agencies for
the establishment of productivity enhancing and market
development programs in fishing communities to enable
women to engage in other fisheries/economic activities and
contribute significantly to development efforts;

(xv) enforce ail laws, formulate and enforce ail rules and
regulations governing the conservation and management of
fishery resources, except in municipal waters, and to settle
conflicts of resource use and allocation in consultation with
the NFARMC, LGUs and local FARMCs;

(xvi) receive, take and hold by bequest, device, gift, purchase
or lease either absolutely or in trust for any of its purposes
from foreign and domestic sources, any asset, grant or
property, real or personal, subject to such limitations as are
provided under existing laws and regulations;

(xvii) exercise oversight function, coordinate, monitor and
evaluate the policies and programs of all its attached agencies;

(xviii) monitor local and government compliance with housing
and urban development laws, standards, and guidelines, as
well with their judicious and fair application of local fisheries
and aquatic resource ordinances;

(xix) effect and oversee regulatory system that govern all
relative to the planning, production marketing, and
management of fisheries

and aquatic resources;

(xx) develop value-added fishery-products for domestic
consumption and export;

(xi) recommend measures for the protection /enhancement of
the fishery industries;


(cxii) assist the LGUs in developing their technical capability
in the development, management, regulation, conservation,
and protection of the fishery resources;

(xxiii)formulate rules and regulations for the conservation and
management of straddling fish stocks and highly migratory
fish stocks; and

(xxiv) perform such other related functions which shall
promote the development, conservation, management,
protection and utilization of fisheries and aquatic resources.

SECTION 6. STRUCTURE. — The Department shall be composed of
the Office of the Secretary, its administrative and immediate staffs, the Offices
of the Undersecretaries and Assistant Secretaries with respect to their areas of
responsibilities, and their respective staff, and other Offices directly supporting
and attached to the Office of the Secretary.

SECTION 7. QUALIFICATIONS AND APPOINTMENT — The
Secretary and Undersecretaries shall be citizens and residents of the Philippines,

of good moral character and of with proven competence and integrity.

They shall all be appointed by the President of the republic of the
Philippines. The Undersecretaries shall be career officers.

SECTION 8. DEPARTMENT AND AGENCIES — The Department
shall create, control, and sustain Bureaus:
(a) Fisheries Resources Management Bureau
(b) Licenses and Regulations Bureau
(c) Fisheries Policy Industry Development Support Bureau
(d) Inland Fisheries and Aquaculture Bureau

(c) Fisheries Research Bureau

SECTION 9. EMPLOYMENT MATRIX. - The development of the

employment pattern shall be based on an assessment of the personnel


requirements of the entire Department as recommended by the Secretary and as
approved by the Department of Budget and Management (DBM). The
compensation structure of the positions in the employment pattern shall strictly
conform to the prevailing Salary Standardization Law.

SECTION 10. ABSORPTION OF THE STAFFING PATTERNS OF THE
CONSOLIDATED AGENCIES. - The existing employees of the Bureau of
Fisheries 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 R.A. No. 6656 on the Rules on Government Reorganization.

SECTION 11. TRANSFER OF ASSETS AND LIABILITIES. — The
following arrangements shall be implemented within six (6) months from the
effectivity of this Act:

(a) The Department shall be subrogated to all the rights and assume
all the assets, liabilities and funds, including any unexpended
appropriation or allocation, as well as records, property, equipment

and such necessary personnel of the BFAR;

(b) The Department shall cause the creation of additional positions

and augment their budget appropriations as may be needed; and

(c) All contracts and liabilities of the BFAR are hereby transferred to
and assumed by the Department and shall be acted upon in
accordance with the relevant auditing procedures, laws, rules and

regulations

SECTION 12. TRANSITORY PROVISION- Existing industries,
businesses and offices affected by the implementation of this Act shall be given


six (6) months transitory period from the effectivity of the IRR or such other
period as may be determined, to comply with the requirements of this Act.

SECTION 13. APPROPRIATIONS. — The amount necessary for the
initial implementation of this Act shall be charged against the current year's
appropriations of the BFAR.

Thereafter, such sums as may be necessary for the continued
implementation this Act shall be included in the annual General Appropriations
Act (GAA).

SECTION 14. IMPLEMENTING RULES AND REGULATIONS. - The
departments and agencies charged with carrying out the provisions of this Act
shall, within sixty (60) days after the effectivity of this Act, formulate the
necessary rules and regulations for its effective implementation.

SECTION 15. REPEALING CLAUSE. - All laws, decrees, executive
orders, rules and regulations, or parts thereof inconsistent with the provisions
of this Act are hereby repealed or modified accordingly.

SECTION 16. SEPARABILITY CLAUSE. - If, for any reason, any
section or provision of this Act is held unconstitutional or invalid, the other

sections or provisions hereof shall not be affected thereby

SECTION 17. EFFECTIVITY CLAUSE. - This Act shall take effect
after fifteen (15) days from its publication in the Official Gazette or in at least two

(2) national newspapers of general circulation whichever comes earlier.

Approved,