Republic of the Philippines /
HOUSE OF REPRESENTAT!
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 4394.

Introduced by AKBAYAN Representatives
Walden F. Bello and Ibarra M. Gutierrez III

Explanatory Note

‘The Philippines is an archipelagic State consisting of more than 7,100
islands and islets with a coastline of about 18,000 kilometers.
Philippine territorial waters cover 2.2 million square kilometers. Of
this figure, about 12 percent is coastal while 88 percent is oceanic,
including the Exclusive Economic Zone (EEZ) of the country.

Biologically productive habitats such as mangroves, sea grasses and
coral reefs support fisheries life is also make-up a large part of the
country’s coastal system.

For a number of years now, the pressure of overfishing has taken its
toll on the coastal system. Moreover, the incidence of international
poaching is steadily increasing especially in our maritime zones
presently subject to international controversy.

Another equally important concern in ocean and marine life
conservation are the effect of the rapidly deteriorating environment
and of climate change.

‘These events make it imperative to strengthen the regulatory
framework on the use of waters within Philippine jurisdiction and the
utilization of resources found therein

For the longest time, the Bureau of Fisheries and Aquatic Resources
(BFAR) has been the agency primarily mandated to manage the
utilization of fishery resources and protection of marine life and
environment.

Hence, this bill seeks to strengthen the not only the State’s mandate
and but also increase its capacity to regulate the use of the ocean,


marine life and other bodies of water within its jurisdiction along the
lines of conservation of marine and fisheries resources.

WALDEN F. (BELLO Ga

0 ZI


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bil No. 4394

Introduced by AKBAYAN Representatives
Walden F. Bello and Ibarra M. Gutierrez III

AN ACT
CREATING A DEPARTMENT OF OCEAN, FISHERIES AND AQUATIC
RESOURCES, PROVIDING FOR ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. This Act shall be known as the
“Department of Ocean, Fisheries and Aquatic Resources Act of 2014.”

SECTION 2. Declaration of Policies. It is hereby declared the
policy of the State:

a, to promote the sustainable development and management of
all fisheries and marine resources in Philippine waters including the
exclusive economic zone (EEZ) and in the adjacent high seas
consistent with the objective of maintaining a sound ecological
balance, protecting and enhancing the quality of the environment;

b. to protect and conserve the nation’s marine wealth in its
archipelagic waters, territorial sea and exclusive economic zone and
reserve its use and enjoyment exclusively to Filipino citizen:

c. to adopt the precautionary principle and to prioritize
conservation of the country’s marine and aquatic resources;

d. to protect the rights of small-scale fishermen in the
preferential use of communal marine, fisheries and aquatic resources;


€. to protect fisherfolk communities from the adverse effects of
climate change and severe weather disturbances.

SECTION 3. Department of Ocean, Fisheries and Aquatic
Resources. ~ To carry out the above-declared policy, there is hereby
created the Department of Ocean, Fisheries and Aquatic Resources,
hereinafter referred to as the Department,

SECTION 4. Mandate. - The Department shall exercise primary
jurisdiction over the management, conservation, development,
protection, utilization and disposition of all fishery and aquatic
resources of the country, including the habitats of fish and all other
marine life and over activities which impact on these habitats, except
for municipal waters, which shall remain under the jurisdiction of
local government units. The latter shall manage their municipal
waters in accordance with existing national fishery policies, laws,
rules and regulations.

The Department shall have the authority to supervise and
regulate the production and capture of fish and fishery products
within its jurisdiction, as well as the processing and marketing of all
fisheries and aquatic products in the country.

The Department shall have the responsibility of rationalizing all
ocean sector initiatives which impact on fish and marine resources or
their habitat including, but not limited to: marine energy exploration
and development; coastal and marine tourism; designation of shipping
lanes; protected areas; and, marine industry development areas. The
regulation of these marine activities, once rationalized by the
Department, shall reside with the parent agency for the appropriate
sector involved.

SECTION 5. Powers and Functions. - To accomplish its
mandate, the Department shall have the following powers, functions
and responsibilities:

(a) Authority and responsibility over ocean use on fisheries and
their habitat;

(b) Coordinate the implementation of fisheries and ocean sector
policies, plans and laws for all maritime components;

(c) Promulgate and enforce fisheries and oceans habitat
regulations, clarify and amplify the _ aforementioned
departmental mandate in accordance with the published
fisheries and oceans management and protection plans within
its territorial jurisdiction;


(d) Prepare and implement a comprehensive Fisheries Management
and Protection Plan, based on the precautionary principle and
the principle of sustainable development, using scientifically-
generated information or best available evidence on the status of
the fisheries and marine resources;

(e) Formulate and implement, consistent with the development
framework of the National Economic and Development Authority
(NEDA), a fishery industry development program and set
policies and standards for the efficient and economic operations
of the fishing industry in accordance with the objectives of food
security and sustainable development;

() Promulgate laws, rules and regulations governing the
conservation and proper utilization of fisheries and aquatic
resources except in municipal waters;

(g) Issue licenses for the operation of commercial fishing vessels
and permits for the conduct of fishery activities subject to the
specific carrying capacities of the resource as determined by
scientific studies or best available evidence with preference
given to resource users in the local communities living adjacent
or nearest to the municipal waters;

(h) Issue fish worker licenses and identification cards free of charge
to fish workers engaged in commercial fishing;

(i) Implement the provisions of Republic Act No. 8550 and the
relevant provisions of Republic Act No. 8435 and enforce all
fishery laws, rules and regulations through its fishery officers
and guardians who shall be vested with full police powers
including arrest, search and seizure and through deputized
government officials and employees, punong barangays and
officers and members of fisher folk associations who have
undergone training on law enforcement;

4) Perform quasi-judicial and allied functions and settle conflicts of
resource use and allocation in consultation with the NFARMC
and LGUs;

(k) Prescribe rules and regulations including visitorial powers,
procedures and guidelines concerning the classification,
establishment, construction, maintenance and operation of all
fishing ports, landing sites and fish markets and the operation
of business therein except those that are owned and operated by
local government units;

()) Establish and maintain a Philippine Fisheries and Aquatic
Resources Information System (PFARIS) that will function as the


principal depository and information server of all fisheries and
ocean-related information in the country, inchiding but not
limited to the status of fisheries and marine resources and their
habitat, all matters pertaining to fisheries production,
processing, marketing and research results and technology
advances;

(m) 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 wisely
utilized and managed on a sustainable basis;

(a) Actively engage in the conservation, protection and
rehabilitation of rare, threatened and endangered marine and
fresh-water species as it may determine, including their
habitats;

(0) Implement relevant provisions of international treaties and
agreements such as, but not limited to, the Convention on the
International Trade in Endangered Species of Wild Flora and
Fauna, United Nations Convention on the Law of the Sea,
Convention on Biological Diversity, and formulate rules and
regulations for the conservation and management of straddling
fish stocks and highly migratory species;

(p) Designate marine areas as protected areas for the special
purposes stated in the notice of declaration;

(q) Formulate and enforce the Code of Practice for Aquaculture and
Code of Conduct for Responsible Fisheries;

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

(s) Impose administrative sanctions including fines for minor
fisheries and ocean infractions, in accordance with the
schedules and limits as agreed upon by the Department of
Justice and embodied in fisheries regulations;

(t) Acquire, maintain, operate, purchase, lease or dispose, through
the Philippine Fisheries Development Authority (PFDA),
equipment and facilities such as shipyards, fishing vessels,
fishing gears, and refrigerated trucks, ice plants and cold
storages, communication, and aquaculture facilities;

(u) Fix, assess and collect reasonable fees, tolls, charges, rentals
and the like, through the PFDA, for the use, sale of properties,


equipment, facilities and services to support the Department’s
projects and to adjust the same as warranted;

(v) Provide, through the PFDA, infrastructure support such as
municipal fishing ports and markets, farm-to-market roads,
quality laboratories in fish ports, marketing facilities, local
fisheries shipbuilding and repair facilities, and post-harvest
facilities, in cooperation with concerned agencies;

(w)Establish and implement, through the PFDA, a National
Marketing Assistance Program, aimed at ensuring the
generation of the highest’ possible income for fisher folk and
fishery-related enterprises, matching supply and demand in
both domestic and foreign markets;

(x) Establish and create fisherfolk settlement areas in coordination
with concerned agencies, where certain areas of the public
domain, specifically near the fishing grounds, shall be reserved
for the settlement of the municipal fisherfolk;

(y) Administer a fisheries modernization credit program to finance
fishery projects of fisher folks, fish farmers, fish processors,
commercial fishers and other qualified borrowers; and

(2) Perform all other functions consistent with this Act and as may
be provided by law.

CHAPTER IL
‘THE DEPARTMENT PROPER

SECTION 6. Composition. - The Department shall be
composed of the Office of the Secretary and three (3) Undersecretaries
for Fisheries Production and Utilization, Fisheries Conservation and
Management, and for Operations, three (3) Assistant Secretaries,

; one council, the National Fisheries and Aquatic Resources
Management Council, one institute, the National Fisheries Research
and Development Institute, one office, the Office of Ocean and Marine
Affairs and the following services: the Philippine Fisheries and Aquatic
Resources Information Service, the Fisheries Inspection and
Quarantine Service, the Bureau of Fishery Economics and Statistics,
Policy Analysis and Planning Service, as well as Personnel, Finance,
Legal and Property and General Services.

The Office of Ocean and Marine Affairs shall have authority and
responsibility over ocean use. It shall be the Department's primary
agency tasked with the implementation of the National Marine Policy
and the relevant provisions of the United Nations Convention on the
Law of the Sea. Any and all use of the ocean shall require the


assessment and clearance by this Office, which shall rationalize
initiatives that will negatively impact on fisheries or their habitat. It
shall coordinate the implementation of fisheries and ocean sector
policies, plans and laws for all maritime components. It shall be
headed by a Director and shall have the following divisions:

(a) Oceans Use Assessment and Clearance Division;

(b) National and International Oceans Law and Policy Division;
(c) Special Projects Division; and

(a) Technical Division.

The Philippine Fisheries Development Authority (PFDA) created by
Presidential Decree No. 977 as amended, shall be an attached agency
of the Department of Fisheries and Aquatic Resources under the
Office of the Secretary.

SECTION 7. - The Secretary of Fisheries and Aquatic
Resources. The Secretary of Fisheries and Aquatic Resources,
hereinafter referred to as the Secretary, shall be appointed by the
President with the consent of the Commission on Appointments, and
shall have the following functions:

(a) Exercise supervision and control of the Department and the
Bureaus, Offices and Institutes under it;

(b) Authority and responsibility for the performance of the powers and
functions of the’ /Department;

(c) Advise the President on the promulgation of policies, rules and
regulations, and other issuances relative to the sustainable
development and management of fisheries and oceans resources;

(a) Establish management policies and standards for the efficient and
effective operation of the Department in accordance with the programs
of the government;

(c) Promulgate rules, regulations and other issuances in carrying out
the Department's mandates, objectives, policies, plans, programs and
projects; and

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

SECTION 8. Functions of the Undersecretaries of the
Department of Fisheries and Aquatic Resources. - There shall be
three (3) Undersecretaries, namely,: the Undersecretary for Fisheries
Production and Utilization; the Undersecretary for Fisheries
Conservation and Management; and the Undersecretary for
Operations; who shall be appointed by the President upon the


recommendation of the Secretary.

The Undersecretaries for Fisheries Production and Utilization and for
Fisheries Conservation and Management shall have the following
functions:

(a) Advise the Secretary on the formulation of policies, programs,
plans, rules and regulations, as well as on the promulgation of
Department Order, Administrative Orders, and other issuances
with respect to his/her area of responsibility;

(b) Exercise supervision and control over the bureaus, offices, services
and operating units under his/her responsibility;

() Coordinate the functions and activities of the units under his/her
responsibility with those of other units in the Department;

(a) Liaise with concerned government departments, agencies, and
offices to ensure effective coordination in the management of the
fisheries and oceans sector; and

(e) Perform such other functions as may be provided by law or
assigned by the Secretary.

‘The Undersecretary for Operations shall have the following functions:
(a)Exercise supervision and control over the regional offices;

(b) Coordinate, harmonize and package the policies, plans,
programs and projects of all the Bureaus, Services, Offices and
Units of the Department, for the proper implementation by the
regional offices;

(c) Advise the Secretary in the formulation of policies, plans and
programs as well as on the promulgation of rules, regulations
and orders with respect to his/her area of responsibility;

(d) Exercise supervision and control over the Fisheries Inspection and
Quarantine Service and the Bureau of Fishery Economics and
Statistics;

(e) Establish linkage with local government units, local fisher folk
assiciations and organizations, non-government organization and
peoples’ organization and supervise support and extension services at
the regional, provincial and municipal levels; and

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

SECTION 9. Assistant Secretaries. - There shall be three (3)


assistant secretaries, namely, one (1) for The Assistant Secretaries shall
be appointed by the President upon the recommendation of the Secretary.

SECTION 10. Regional Offices and Functions. - The Department
shall have such department-wide regional offices as may be necessary in
the administrative regions, each to be headed by a Regional Director, who
shall be assisted by an Assistant Regional Director, each regional office
shall have support staffs as may be necessary and four line divisions which
shall have the following duties and responsibilitie:

(1) Provide efficient and effective front-line service to the fishery and
aquatic industry sector, particularly to the municipal fishermen;

(2) Implement in its area of jurisdiction, the laws, policies, plans,
programs, projects, rules and regulations of the Department

(3) Coordinate with the Regional Office of other departments, offices
and agencies in the region; and/|

(4) Perform other functions as may be provided by law or assigned by
the Secretary.

SECTION 11. Qualifications. - No person shall be appointed as
Secretary, Undersecretary or Assistant Secretary of the Department unless
he or she is a citizen or resident of the Philippines, of good moral
character, of at least a degree holder in fisheries, public administration,
management, economics, law or any other equivalent relevant discipline,
has actual experience in public administration and management for at
least ten (10) years.

The Directors must have a degree in law or Master of Science degree in
marine fisheries, oceanography, fisheries biology, marine biology, fisheries
technology, microbiology or related sciences, or public administration and
at least five years of experience either in the public or private sector, in
marine fisheries research and development, or in the fisheries industry.

SECTION 12. Bureaus, Offices and Divisions. ~ Subject to the power
of the Secretary, with the approval of the President, to reorganize,
restructure, and redefine the functions of the bureaus, in order for them to
effectively carry out their mandate under this Act, the Department shall
have the following bureaus and services: Bureau of Aquaculture and
Inland Fisheries, Bureau of Post-harvest and Fisheries Product Standards,
Bureau of Fisheries Extension, Training, and Support Service, Bureau of
Fishing Technology and Capture Fisheries, Fisheries Modernization Credit
and Financing Agency, Marine Resources Conservation and Management
Bureau, Bureau of Marine Protected Areas and Wildlife, Fisheries
Inspection and Quarantine Inspection Service and Bureau of Fishery
Economics and Statistics.


Under the supervision and control of the Undersecretary for Fisheries
Production and Utilization, the following bureaus, services and offices are
hereby created:

{a) Bureau of Aquaculture und Inland Fisheries (BAIF) ~The
BAIF shall, among others, be responsible for:

(1) regulating aquaculture operations in line with the
International Code of Conduct for Aquaculture, promoting
the intensification of aquaculture operations in existing
areas;

(2) formulating aquaculture development programs;

(3) establishing and maintaining model aquaculture farms and
ponds;

(4) providing technical assistance to cooperatives and fishpond
operators in the development of a viable fishmeal and fish
feeds industry, undertaking inland fishery resources
evaluation; and

(5) recommending management and conservation measures.

The Bureau shall be headed by a Director and assisted by one
Assistant Director. The bureau shall be composed of the following
divisions:

(1) Aquaculture Management and Development Division;()

(2) Inland Fisheries Resource Assessment and Conservation
Division;

(3) Inland Fishery Development and Extension Division; and the

(4) Environmental Impact Assessment and Monitoring Division.

(b) Bureau of Post-harvest and Fisheries Product Standards
(BPFPS) - The fishery component of the Bureau of Agriculture
and Product Standards created under Section 61 of RA 8435
shall be transferred to the BPFPS which shall:

(1) formulate and enforce standards of quality in the processing,
preservation, packaging, labeling, importation, exportation,
distribution, and advertising of fishery products;

(2) conduct research on product standardization, alignment of
the local standards with the international standards; and

(3) promote and strengthen semi-processing and handling;

The BPFPS shall have a Director, two Assistant Directors, one for
Product Standards and Technical Services and the other for Industry
Compliance and Consumer Protection and the following divisions:

Under the Assistant Director for Product Standards and Technical
Services are the following:


- Technical Services Division! 1-
- Fish Processing Technology Division. ')-

- Standards Development and Promotion Division;(-

- Value-added Products Development and Promotion Division.

Under the Assistant Director for Industry Compliance and Consumer
Protection are the following:

- Industry Compliance Division;
- Consumer Affairs Division; and the
- Arbitration and Dispute Resolution Division.

(c) Bureau of Fisheries Extension, Training, and Support
Service (BFETSS) ~ The BFETSS shall:

(1) coordinate all development activities with respect to fisheries
and oceans technology, and shall have a development section for all
components including inland and oceans fishing;

(2) formulate a National Extension System for Fisheries, which
shall be composed of three (3) subsystems: the national government
subsystem, the local government subsystem and the private sector
subsystem;

(3) deliver the following major services: training services; credit and
financing support services, business advisory services; demonstration
services, and information and communication support services
through tri-media. I

It shall have the following divisions:

- Training and Skills Development Division;

- Technology Transfer and Demonstration Division;

- Business Advisory and Information Support Division; and
- Training Centers.

(4) The Bureau of Fishing Technology and Capture Fisheries
(BFTCF) - The BFTCF shall have direct supervision and control over
the utilization of marine resources including commercial, international
and small-scale fisheries. It shall formulate development programs for
the expansion of the marine fishery industry; explore new fishery
resources and development of environment friendly but efficient
fishing gears.

It shall be headed by a Director and two Assistant Directors and shall
have the following divisions:

- Municipal Fisheries Division;
- Commercial Fisheries Division;
- _ Fishing Technology Division\- High Seas Fisheries Division; and

10


(e) The Fisheries Modernization Credit and Financing Agency
(FMCFA) - The FMCFA shall administer the funds under Sections 108
to 113 of RA 8550 as well as the fisheries related provisions of
Sections 20 to 25 of RA 8435, harmonizing and integrating the two so
as to package and deliver various credit assistance programs for the
following:

- Fisheries production including processing of fisheries products and
inputs;

- Acquisition or construction of fishery equipment, machinery, fishing
vessels and fishing gears}|

- Acquisition of fry, fingerlings, fertilizers, feeds and similar items;\-
Procurement of fisheries products for storage, trading, processing and
distribution;
- Construction, acquisition and repair of facilities for production,
processing, storage, transportation, communication, marketing and
such other facilities in support of fisheries; economic activities; andi]

- Working capital for fisheries graduates to enable them to engage in
fisheries-related activities which support marine and freshwater
bodies conservation and ecology-enhancing activities such as but not
limited to mangrove reforestation, promotion of whale shark and
manta ray and other endangered marine species watching and
ecotourism; andi)

- Development of appropriate technology, both in fishery and ancillary
industries that are ecologically sound, locally source-based and labor
intensive, based on the requirements of the Fisheries and Aquatic
Management Councils.

Under the supervision and control of the Undersecretary for Fisheries
Conservation and Management, the following bureaus, units, board
and services are hereby created:

(a) Marine Resources Conservation and Management Bureau —
The Marine Resources Conservation and Management Bureau is a line
bureau tasked with the formulation and implementation of a
Comprehensive Fisheries Management Plan. It shall undertake marine
fishery resources assessment and biological and environmental
investigations and formulate conservation measures. In coordination
with the National Fisheries Research and Development Institute, it
shall determine and establish the carrying capacity and total
allowable catch (TAC) for a particular resource and location. It shall
set the allowable fishing effort based on the carrying capacity of the
resource and TAC and accordingly issue commercial fishing licenses
and permits,

It shall be headed by a Director and two Assistant Directors and shall
have the following divisions:

1


(1) Coastal Resources Management Division;(1
(2) Oceanography Division;\’- Fisheries Licensing Division;(|-
Biotechnology, Bio-safety and Bio-prospecting Division; and the!
(3) Fisheries Law Enforcement Division.

The Fisheries Law Enforcement Division shall operate the National
and Zonal Monitoring Surveillance System. It shall establish fishery
air and ocean patrol as well as conduct law enforcement trainings and
recommend to the Secretary the deputation of government employees
and members of fisher folk associations as fishery guardians. It shall
have the supervision and control of fishery officers and guardians and
the corps of specialists responsible for the enforcement of fishery laws,
rules and regulations and the efficient monitoring and surveillance of
fishing activities within Philippine territorial waters. It shall have the
following units:

(a) The National and Fisheries Zone Monitoring and Surveillance
Center which shall have a National Coordinating Center and several
Fisheries Zones Monitoring and Surveillance Centers. It is further
subdivided into the Vessel Tracking and Remote Sensing Office, and
the Database and Information Center;

(b) The Fisheries Air Patrol and Oceans Patrol, and the Regulatory
Staff composed of Fishery Officers, Deputized Fisheries Guardians
and the corps of specialists from the DND, PNP-MARICOM, DILG, DFA
and DOJ. The Fishery Officers shall have full police powers relative to
the enforcement of fishery laws, rules and regulations including
arrest, search and seizure, and shall have the authority to directly file
complaints for violation of fishery laws, rules and regulations.

{b) The Bureau of Marine Protected Areas and Wildlife (BMPAW) ~
The BMPAW is a line bureau responsible for establishing and
maintaining marine protected areas and wildlife sanctuaries. It shall
lead in the conduct of scientific researches on the proper strategies for
the conservation and protection of marine wildlife and their habitat
including breeding or propagation. It shall also establish Marine
Wildlife Rescue Centers to take custody of all confiscated, stranded or
abandoned marine wildlife. It shall have the authority to issue
Committee on International Trade on Endangered Species (CITES)
Permits and shall be both the CITES Management and Scientific
Authorities of the Philippines. It shall be the lead agency in the
fulfillment of the country’s obligations under CITES, the Convention
on Biological Diversity and other treaties and international
agreements, Related functions and activities currently undertaken the
Protected Areas and Wildlife Bureau (PAWB) of the Department of
Environment and Natural Resources are now transferred to the
BMPAW. Likewise, all established marine protected areas currently
supervised by the PAWB shall now be transferred to the BMPAW for
supervision and management.

12


The Bureau shall have the following divisions:

(1) Marine Protected Areas Division;

(2) Marine Wildlife Rescue Centers;/

(3) CITES Management Authority;

(4) Endangered Marine Species Captive Breeding Centers;

(5) Endangered Marine Wildlife Research Center shall be the
Department's CITES Scientific Authority which shall coordinate
with academic institutions designated as scientific authorities;
and the

(6) Biodiversity Division

The Undersecretary for Operations shall have direct control and
supervision over allliregional offices and the following unit and
bureau:

(a) The Fisheries Inspection and Quarantine Inspection Service
(FIQIS) - The FIQIS shall have line functions and shall be responsible
for the inspection and quarantine of all fishery related activities
including the conduct of quarantine and quality inspection of all fish
and fishery/aquatic products corning into and going out of the
country by air or water transport to detect the presence of fish pest
and diseases, the regular inspection of processing plants, storage
facilities, abattoirs, as well as public and private markets in order to
ensure freshness, safety and quality of products and to ensure that
these products conform to the standards prescribed by the
Department; and the quarantine of aquatic animals and fishery
products determined or suspected to be with fishery pest and diseases
and prevent the movement or trade from and or into the country of
these products so prohibited or regulated under existing laws, rules or
regulations and international agreements of which the Philippine is a
State Party.

It shall have the following units:

(1) Regional fishery Inspection and Quarantine Offices}!
(2) Cyanide Detection Centers;

(3) Product Standards Enforcement Division;

(4) Regional Fish Health Centers.

(b) The Bureau of Fishery Economics and Statistics (BFES) -
The BFES shall be a line bureau responsible for establishing
benchmark data on the structure of the fishery industry. It
shall conduct research and studies on the socio-economics of
various fishery operations, collect data on fishery production,
and establish a network of fishery information, documentation
and dissemination.

13


It shall have the following divisions:

(1) Fishery Statistics Division;
(2) Socioeconomic Division; and the!
(3) Fishery Information Division.

There shall be an Office of Ocean and Marine Affairs shall have
authority and responsibility over ocean use. It shall be the
Department’s primary agency tasked with the implementation of the
National Marine Policy and the relevant provisions of the United
Nations Convention on the Law of the Sea. Any and all use of the
ocean shall require the assessment and clearance by this Office,
which shall rationalize initiatives that will negatively impact on
fisheries or their habitat. It shall coordinate the implementation of
fisheries and ocean sector policies, plans and laws for all maritime
components. It shall be headed by a Director and shall have the
following divisions:

(a) Oceans Use Assessment and Clearance Divisio’
(b) National and International Oceans Law and Policy Division;
(c) Special Projects Division; and

(d) Technical Division.

‘The Philippine Fisheries Development Authority (PFDA) created by
Presidential Decree No. 977 as amended, shall be an attached agency
of the Department of Fisheries and Aquatic Resources under the
Office of the Secretary.

CHAPTER IV
TRANSITORY PROVISIONS

SECTION 13. Abolition, Transfer and Merger. The Bureau of
Fisheries and Aquatic Resources reconstituted by Republic Act No 8550, is
hereby abolished and its relevant functions, appropriations, records,
properties, equipment and personnel are hereby transferred to the
Department of Fisheries and Aquatic Resources: Provided, however, That
no official or employee of the BFAR shall be laid off in the implementation
of this section. The National and Municipal Fisheries and Aquatic
Resources Management Councils created by Republic Act No. 8550 shall
be transferred to the Office of the Secretary of the Department of Fisheries
and Aquatic Resources.

‘The National Fisheries Research and Development Institute created by
Republic Act No.8550 is transferred to the Department and shall serve as
its principal research arm. The Philippine Fisheries Development Authority
created by Presidential Decree No. 977 including its relevant functions,
appropriations, records, properties, equipment and personnel, is hereby
transferred to the Department of Fisheries and Aquatic Resources as an
attached agency under the Office of the Secretary: Provided, however, That

14


the Secretary of the Department of Fisheries and Aquatic Resources shall
be the new chairman of the Board: Provided, further, That no official or
employee of the PFDA shall be laid off in the implementation of this
Section.

‘The Philippine Technical Advisory Committee of the SEAFDEC Aquaculture
Department created under Executive Order No. 834 dated October 4, 1982,
including its relevant functions, appropriations; records, properties,
equipment and personnel, is hereby transferred and attached to the
Department of Fisheries and Aquatic Resources: Provided, That no official
or employee of the Board shall be laid off in the implementation of this
section.

‘The fisheries related functions of the Laguna Lake Development Authority,
including its relevant appropriations, records, and personnel, are hereby
transferred to the Department of Fisheries and Aquatic Resources:
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 of Fisheries and Aquatic
Resources.

‘The Marine Research and Conservation Division and the different Sections
and the Coastal Environment Program 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, and all fisheries related functions of
the DENR under Executive Orders No. 192 and 292, except the functions
of the enforcement of water pollution laws, rules and regulations, are
hereby transferred to the Department of Fisheries and Aquatic Resources.

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 of Fisheries and Aquatic Resources.

SECTION 14, Transitory Provisions. In accomplishing the acts of
organizing the department as herein prescribed, the following provisions
shall be complied with:

(a) ‘The transfer of a government unit or agency shall include the functions,
appropriations, funds, records, equipment, facilities, chooses 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

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responsibilities and receive the corresponding salaries and benefits in a
hold-over capacity;

(b) The transfer of functions which results in the abolition of the
government unit or agency that has exercised them, shall include the
appropriations, funds, records, equipment, facilities, chooses in action,
rights, other assets and personnel as may be necessary to the proper
discharge of the transferred functions. Its liabilities, if any, shall likewise
be treated in accordance with the Government Auditing Code and other
pertinent laws, rules and regulations. Its personnel shall, pending
reappointment, continue to perform their duties and responsibilities and
receive the corresponding salaries and benefits in a holdover capacity.

SECTION 15. Organization Committee. The duly appointed
Secretary of Fisheries and Aquatic Resources shall immediately create an
organization committee which shall study and formulate the staffing
pattern, qualification standards, and placement of personnel in the
Department, its services, bureaus, and offices. The Committee shall be
composed of representatives from the Department of Budget and
Management, Civil Service Commission, the fishery industry and the
academe.

SECTION 17. Appropriations. For the effective implementation of
this Act, the amount of $5 billion pesos is hereby appropriated from the
unappropriated funds of the National Treasury and the current budgetary
appropriations of the Bureau of Fisheries and Aquatic Resources, including
its regional offices, the appropriations of the Philippine Fishing
Development Authority, and the budgetary provision of the Philippine
Council for Aquatic and Marine Research Development. The amount
necessary for the construction of a national office of the Department of
Fisheries and Aquatic Resources equivalent to P500,000,000.00 is hereby
appropriated from the unappropriated funds of the National Treasury. The
revenues which the Department will generate from its licensing operations,
the fees collected & the proprietary services delivered by the Department,
and the administrative fines imposed by the National Fisheries Regulatory
and Adjudication Bond shall constitute the Department's revolving fund
from which amounts necessary to carry out the special research projects,
management and conservation programs, staff development programs, and
the acquisition of equipment, vessels, and airplanes, helicopters of the
Monitoring and Surveillance Center shall be taken: Provided, however,
‘That the fishpond rentals shall accrue to the National Fisheries Research
and Development Institute as provided under Section 46 (c) of Republic Act
No. 8550. The use of such funds shall be subject to COA rules and
regulations.

SECTION 18. Separability Clause. If any provision of this Act is

declared unconstitutional, or inoperative, the other provisions not so
declared shall remain in full force and effect.

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SECTION 19. Repealing Clause. All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act or the rules and
regulations promulgated pursuant thereto are hereby repealed or amended
accordingly.

SECTION 20. Effectivity. This Act shall take effect fifteen (15) days
after publication in two (2) national newspapers of general circulation.

Approved,

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