Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

3263

Introduced by Representative DANTE S. GARCIA

House Bill N

EXPLANATORY NOTE

‘The Philippines is an archipelago of more than 7,600 islands and 2,200,000 square
kilometers of waters including its Exclusive Economic Zone (EEZ). Its aquatic resources
therefore are a major source of food and livelihood for the Filipino people. It is no surprise
then that globally, the country is considered one of the top fish producers and the third top
producer of aquatic plants (primarily seaweeds). This reflects the importance of the fisheries
industry to our economy and shows great growth potential.

‘The Department of Agriculture has too maily sectoral concerns in crops and livestock,
thus, there is a prevailing perception that the fisheries sector has not received the support and
attention that it deserves. The creation of a Department of Fisheries and Aquatic Resources
shall correct the traditional bias for land-based agriculture. Moreover, there is a need to address
the following:

1. Global warming, climate change and other concerns such as increase in population have
put pressure on our fisheries resources. The country must have a strong regulatory body to
adequately guard, conserve and sustainably manage our aquatic resources.

The untapped potential in emerging systems and industries in fisheries, such as mariculture

parks, sea ranching, sea farming, etc., gives promise to more livelihood opportunities to our

people, investments for the public sector, and a boost to our economy. It will take a

Department to oversee, regulate and encourage such systems and industries to achieve

success in these goals.

3. The country must have adequate representation, backed by a strong Department, in
international multilateral and bilateral agreements on fisheries. During international
conferences, the Philippines is represented by a Bureau Director, while the other countries
are represented by higher-level officials

Given the above, there is an urgent need for a Department of Fisheries and Aquatic
Resources to better protect, utilize, manage and conserve our aquatic resources and improve
the fisheries sector

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



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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House Bill No. 326: 3

Introduced by Representative DANTE S. GARCIA

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

Be it enacted by the Senate and the House of Represematives 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 |

POLICIES AND DEFINITIONS

SEC. 2. Declaration of Policies. — It is hereby declared the policy of the State to protect
and conserve the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive
economic zone (EZ), and reserve their sustainable use and enjoyment exclusively to Filipino
citizens

The State shall promote and ensure the sustainable development and management of all
fisheries and marine resources in Philippine waters, including the EEZ. 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, processors of marine products, traders and other
investors the appropriate technical, financial, entrepreneurial. and other support services in order


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to improve fish production, fish security and self-sufficiency, and to uplift the lives of those
dependent on the fisheries industry

SEC. 3. Creation and Mandate. -- To carry out the above-declared policies, there is hereby
created a Department of Fisheries and Aquatic Resources, hereinafter referred to as the
Department.

The Department shall have primary jurisdiction over the development, management,
regulation, utilization, and disposition of all fisheries and aquatic resources of the country,
including the habitats of fish and all other marine life and over activities which impact on these
habitats. The Department shall coordinate with the Department of Environment and Natural
Resources (DENR) and other appropriate agencies to ensure that its policies are in consonance
with general national government policies on the protection, preservation, and conservation of the
environment and natural resources: /rovrded. That the jurisdiction over municipal waters, shall be
exercised jointly by the Department and local government units (LGUs), with the latter managing
the same in accordance with national fisheries policies, laws, rules and regulations.

The Department shall ensure the equitable sharing of the benefits derived from the
country’s fisheries and aquatic resources for the welfare of the present and future generations of
Filipinos.

The Department shall have the responsibility of rationalizing all blue economy activities
or initiatives which impact on fisheries and aquatic resources including processing; marine
resource utilization and development such as biotechnology and bioprospecting, seaweed farming
or harvesting; marine ecosystems such as coral reefs; mangroves preservation, coastal protection;
marine protected areas; coastal and marine tourism; marine energy exploration and development;
marine scientific research; and other areas of marine industry development. The regulation of these
marine activities, once rationalized by the Department, shall be exercised by the parent agency for
the appropriate sector involved.

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

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

b) Aguatre 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 Article 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;

d) Blue Economy refers to the sustainable use of ocean resources for economic growth,
improved livelihoods and employment, while preserving the health of the ocean ecosystem. It


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takes into account the overall contribution of the oceans to economies, the need to address the
environmental and ecological sustainability of the oceans, and the ocean economy as a growth
opportunity for human development, social equity and ecological well-being:

e) Blue Heonomy Initiatives or Activities refer to traditional ocean activities such as
fisheries, tourism, maritime transport, and waste management, including emerging industries
including such as renewable energy, aquaculture, seabed extractive activities and marine
biotechnology and bioprospecting. Blue economy activities also include 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;

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

g) 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;

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

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

j) Fishery Management Areas refer 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:

k) Food Security refers to a situation that exists when all people, at all times, have physical,
social, and economic access to sufficient, safe, and nutritious food that meets their food preferences
and dietary needs for an active and healthy life;

CHAPTER II
THE DEPARTMENT

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

a) Formulate and implement short-term, medium-term and long-term Comprehensive
National Fisheries Industry Development Plans (CNFIDP) pursuant to RA No. 8850, as amended,
for the efficient and economic operations of the fishing industries, in accordance with the
objectives of food security and rational and sustainable development, consistent with the
development framework of the National Economic and Development Authority (NEDA);


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b) Formulate and implement a Comprehensive Fisheries Research and Development
Program, such as sea farming, sea ranching, and tropical or ornamental fish and seaweed culture,
aimed at increasing resource productivity, improving resource use efficiency, and ensuring the
long-term sustainability of the country’s fisheries and aquatic resources:

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

d) Establish and maintain a Philippine Fisheries and Aquatic 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;

e) Conduct complete resource inventory and monitoring for strategic planning and
programming as well as evaluation and assessment of key initiatives to ensure increased
productivity of the fisheries sector, promote sustainability, conservation, and protection efforts:

£) Develop value-added fisheries products for export and domestic consumption;

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

h) Appoint Fisheries Attachés 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 fisheries products, and facilitating professional contacts, exchanges, and
technology transfer,

i) Enter 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:

J) 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,

k) 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;

1) Formulate planning and investment policy for blue economy initiatives or activities.
including identification of development, production, and protected areas, and marine spatial plans:

m) Prescribe rules, regulations, procedures and guidelines concerning the classification,
establishment, construction, maintenance and operation of blue economy initiatives or activities.

n) Provide development support services to fishermen and organizations of fishermen as
well as those involved in all aspects of fisheries production, including processing and marketing,
in collaboration with LGUs and related agencies;

0) Provide advisory services and technical assistance to the LGUs in developing their
technical capability in the development, management, regulation, conservation, and protection of
the fisheries resources and in the preservation of the quality of fish from the time they are caught



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on-board fishing vessels, at landing areas, in fish markets, to the processing plants, and to the
distribution and marketing chain;

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

q) Coordinate with LGUs and other concemed agencies for the establishment of inclusive
productivity enhancing and market development programs in fishing communities to enable all
sectors in fishing communities to engage in fisheries or other economic activities and contribute
significantly to development efforts;

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

5) 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;

1) 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;

u) 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 ship-building and repair facilities, and post-harvest facilities, in cooperation with
concemed agencies,

v) Conserve, protect and rehabilitate 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 International Trade in Endangered Species of Wild Fauna and Flora (CITES),
United Nations Convention on the Law of the Sea (UNCLOS), and Convention on Biological
Diversity (CBD);

w) Adopt and implement a national plan of action to manage fishing capacity, implement
the Code of Practice for Aquaculture and the Code of Conduct for Responsible Fisheries; and
determine and declare fishery management areas as over-expioited in coordination with the LGUs
and Fisheries and Aquatic Resources Management Councils (FARMCS),

x) 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 FARMCs; and

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

z) Enforce all fisheries 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 fisherfolk associations who have undergone training on law enforcement;


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aa) 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,

bb) Establish a comps of technical specialists in collaboration with the Department of
National Defense, Department of the Interior and Local Government, and the 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,

ce.) Issue licenses for the operation of commercial fishing vessels;

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

ee) 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 RFMOS and by the Department;

ff) Implement boarding and inspection protocols upon Philippine flagged fishing vessels
in order to promote observance to international treaty obligations on food safety, to curb illegal,
unreported and unregulated fishing (IUUF), and to comply with conservation and management
measures,

ug) 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;

hh) Perform quasi-judicial function or administrative adjudication under Chapter Ill of
this Act, and settle conflicts of resource use and allocation in consultation with the NFARMC,
LGUs and local FARMCs;

ii) 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 FMA Boards shall be appealed to the Fisheries Adjudication
Board.

jj) 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; and

kk) 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 (4) Undersecretaries supported by five (5) Assistant Secretaries.

The Office of the Secretary shall be supported by bureaus, divisions, services, and
institutes

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.


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SEC. 8. Functions of the Secretary. — The Secretary shail

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 resource:

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

e) 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 (4) Undersecretaries,
specifically the Undersecretary for Policy and Planning, the Undersecretary for Operations and
Technical Services; the Undersecretary for Fisheries Protection, Conservation and Sustainable
Development; and the Undersecretary for Regulations and Enforcement, who shail be appointed
by the President upon recommendation of the Secretary.

The Offices of the Undersecretaries shal! assist the Secretary in the exercise of the
Department's mandate and in the discharge of its powers and functions. Their offices shall:

a) Provide periodic reports and advice to the Secretary on the pians, programs, offices
and their 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 the Undersecretary for Policy and Planning. ~ The office of the
Undersecretary for Policy and Planning shall provide policy advice to the Secretary and shall be
responsible for the development of national aquaculture and fisheries policies and their integration
and translation into the Comprehensive National Fisheries Industry Development Plan (CNFIDP)
The office shall provide periodic public reports of achievements in aquaculture and fisheries

It shall evaluate international developments and assess their potential impact on Philippine
fisheries. It shall be responsible for developing and managing bilateral and multilateral affairs of
the Department, including trade, investment, and cooperation agreement negotiations and the
coordination of their implementation. It shall be responsible for advocating the Philippine
fisheries and aquatic resources agenda in international organizations and bodies

It shall lead in the development of national aquaculture and fisheries plans and budgets
consistent with national policies. The office shall be responsible for the development of
institutional mechanisms for periodic program assessment, and in idemifying, developing and
packaging development projects for implementation. It shall develop and implement reliable and
cost-effective information and communication technology systems and establish and maintain the


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Philippine fisheries and aquatic resources information system which shall be the principal
depository and information server of all aquaculture and fisheries-related information in the
country,

Sec. I. Office of the Undersecretary for Operations and Technical Support Services, —
‘The Office of the Undersecretary for Operations and Technical Support Services shall primarily
assist the Secretary in the promotion of aquaculture and fisheries production and in supervising
the operations of the regional offices.

It shall provide leadership in the translation and implementation of the CNFIDP into
operational plans and programs as well as appropriate technologies, in order to assist the fisheries
industry,

The office shall develop a framework of cooperation and linkages with regional
development councils, LGUs and national agencies in the management of the aquaculture,
fisheries, and marine sectors

See. 12. Office of the Undersecretary for Fisheries Protection, Conservation and
Sustainable Developmen, — The Office of the Undersecretary for Fisheries Protection,
Conservation and Sustainable Development shall assist the Secretary primarily in the
Development and implementation of conservation, protection and sustainability efforts of the
Department

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 and
propagation

It shall have the authority to issue eites permits and shall both be the CITES management
and scientific authorities of the Philippines.

See. 13. Office of the Undersecretary for Regulations and Enforcement. — The office of
the Undersecretary for Regulations and Enforcement shall assist the Secretary in performing the
regulatory functions of the Department,

It shall have the supervision and control of fisheries 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 exercise quasi-judicial functions to resolve and settle conflicts on resource use and
allocation in consultation with the Fisheries Adjudication Board and LGUs.

The office shall institutionalize a monitoring control and surveillance system to ensure
that fisheries, aquatic, and marine resource are utilized and managed on a sustainable basis.

SEC. 14, Asvistant Secretaries, The Secretary shall be assisted by five (5) Assistant
Secretaries who shalt be appointed by the President upon recommendation of the Secretary

SEC. 15. Functions of the Assistant Secretaries. —~ Each of the four (4) Undersecretaries
shall be assisted by an Assistant Secretary who shall have the following functions:


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a) Provide periodic reports and advice to the Undersecretary on the programs and offices
under their defined and designated areas 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

©) 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 fifth Assistant Secretary shall be in charge of the Department's Finance and
Administrative Support Services.

SEC. 16. Qualifications and Appoimment ~ No person shall be appointed Secretary or
Undersecretary, or Assistant Secretary of the Department unless he is a Filipino citizen; must have
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,
Undersecretaries, and Assistant Secretaries shall be appointed by the President of the Philippines
in the manner prescribed by law.

No person shall be appointed Bureau Director and Assistant Bureau Director unless he is
a Filipino citizen; must have 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
Executive Director, unless he is a Filipino citizen; has any of the educational gualitications above
prescribed for Assistant Secretary, Bureau Director or Assistant Bureau Director; 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.

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

SEC. 17. Regional, Provincial, and Muntcipal Offices and Functions. — 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 Act


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Each regional office shall be headed by a Regional Executive Director, who shail 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 in its area of jurisdiction 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 III
FISHERIES ADJUDICATION BOARD

SEC. 18. Fisheries 4djudication 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
after referred to as the Board, which shall have original jurisdiction to hear and adjudicate cases
arising from violations of the Code and other fishery 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 Chairman, the four (4) other 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 fecum and ad testificandum in administrative cases before it

See. 19. Appeal of the Decision of the Board, — Except for cases initiated by the Secretary
himself, 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. In cases where the Secretary initiated
the case, the same shall be directly appealed to the Office of the President

SEC. 20. Commencement of Summary Administrative Action, — The Secretary, on his
own instance, or upon verified complaint by any person, institute administrative proceedings with
the Board against any person who violates the Code and other fishery laws, rules and regulations.

SEC. 21, Power to Issue Cease and Desist Orders and to Summarily Evtct 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,


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permit or license from areas of the public domain covered by such FLA, tenurial instrument,
permit or license

SEC. 22. Authority of the Board or their Duly Authorized Representative to Issue Notice
of Violation and Order Confiscation, - in all cases of violations of the Code or other fishery 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. 23. 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 shal! lie against the decision of the Board.

SEC. 24. Accompanying Administrative Sanctions for Serious Violations. — The Board
may impose the following additional sanctions to the administrative penalties imposed for serious
violations:

1) confiscation of fishing gear,

2) impoundment of fishing vessel;

3) temporary suspension or permanent revocation of license or permit;

4) temporary or permanent ban from the availment of applicable duty and tax rebates,

5) inclusion in the Illegal, Unreported, and Unregulated (IUU) fishing vessel hist:

6) denial of entry and other port services:

7) blacklisting; and

8) increase in the amount of fines but not to exceed five (5) times the value of the
catch, 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, the Board may impound the vessel or
conveyance, gear and other paraphernatia 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 Jeve! 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

SEC. 25. 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. 26. 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 should be rendered 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. 27. Fisheries National Administrative Register. — The Board shall create a Fisheries
National Administrative Register, which shall be accessible online. Al! decisions, resolutions or
orders involving violations of the Code, particularly serious violations committed by Philippine
flagged vessels or by Philippine nationals and eases on poaching or involving foreigners,
including the penalties imposed shall be uploaded

CHAPTER IV
MISCELLANEOUS PROVISIONS

SEC. 28. Abolition, Transfer and Merger. The Bureau of Fisheries and Aquatic
Resources (BFAR) that was reconstituted by Republic Act No. 8550, as amended by Republic
Act No. 10634, is hereby abolished and its relevant functions, appropriations, records, properties,
equipment and personnel are hereby transferred to the Department: Provided, That no official or
employee of the BFAR shall be demoted or 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 the
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 by Republic
Act No, 8550, as amended, shall be attached to the Departinent of Fisheries and Aquatic
Resources, to serve as its primary research arm.

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

The Philippine Fisheries Development Authority created by 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, That the Secretary of the
Department shall be the new Chairman of the PFDA Board: Provided, further, That no official or
employee of the PFDA shall be demoted or laid off in the implementation of this Section

The Philippine Technical 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



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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 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 thereunder 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 (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 5.1987 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, 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.

‘The National Fisheries Technology Centers and Technology Outreach Stations under the
Bureau of Fisheries and Aquatic Resources and all its personnel, records, appropriations, property
and equipment are transferred to the Department. Provided, That no official or employee of the
Centers and Stations shall be demoted or laid off in the implementation of this Section

SEC. 29. Transitory Provisions. — In accomplishing the acts of organizing the
Department as herein prescribed and pursuant to 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. 30. Ahsorpiion, 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 or 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, or
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

31. Structure and Staffing Patter. — Subject to the approval of the Department of
Budget and Management, 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,
or the Government Reorganization Law shall govern the reorganization of the Department, and
the reorganization of affected agencies,

SEC. 32. Appropriations. — The amount needed for the initial implementation of this Act
shail 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. 33. Implementing Rules and Regulations, — The Secretary of the Department of
Fisheries and Aquatic Resources, in consultation with concemed government agencies and
stakeholders including the members of the academe and the fishing industry, shall formulate rules,
and regulations for the full implementation of this Act within one hundred twenty (120) days from
his appointment as Secretary. Such rules and regulations shall take effect upon publication in the
Official Gazette.

SEC. ¥M. Separability Clause. — If 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. 35. Repealing Clause, — Sections 130-140 of Republic Act No. 10654 are hereby
repealed. All other laws, decrees, orders, rules and regulations or parts thereof inconsistent with


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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) newspapers of general publication.

Approved,