Republic of the Philippines|
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH congress
First Regular Session

HOUSE BILL NO. 2842

Introduced by REP. TEDDY BRAWNER BAGUILAT

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

EXPLANATORY NOTE

The Philippines is among the world’s largest fish producers, making the fisheries
subsector a vital component of the economy. In 2014, the country's total volume of fish
production was 4.69 million metric tons, accounting for 17.65% of total agricultural
output. The subsector’s gross earnings in the same year amounted to Php 242 billion.

According to the Philippine Statistics Authority (PSA), nearly 1.4 million Filipinos
depend on fisheries and aquaculture for their livelihood. This constitutes 3.6% of the
total employed individuals in the country. However, despite the subsector’s vastness,
poverty incidence is highest among fishermen estimated at 39.2% in 2012, higher by
14% compared to the poverty incidence of the general population.

In order to strategically develop and utilize the country's marine resources, and curb
poverty in the rural areas where most of the country’s fishermen live, this bill proposes
the creation of a Department of Fisheries and Aquatic Resources (DFAR). The DFAR
shall be responsible for the management, development, improvement, proper utilization
and conservation of the country’s marine resources. It will also ensure that the needs
and concerns of the fisherfolks are adequately addressed, and help them move out of
poverty.

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

TEDDY BRAWNER BAGUILAT
Ifygao Lone District


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House BILLNo.__ 2842

Introduced by REP. TEDDY BRAWNER BAGUILAT

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

Be 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 2016."

SEC. 2. Creation. - The Department of Fisheries and Aquatic Resources, hereinafter
referred to as the Department, is hereby created structurally and functionally in

accordance with the provisions of this Act.

SEC. 3. Declaration of Policies. - \t is hereby declared the policy of the State 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 primordial objective of maintaining a sound
ecological balance, protecting and enhancing the quality of the environment. It is the
policy of the State 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 citizens. It is the policy of the State to adopt the precautionary
principle and to prioritize conservation of the country's marine and aquatic resources. It
is also the policy of the State to protect the rights of small-scale fishermen in the
preferential use of communal marine, fisheries and aquatic resources. Towards this
end, it shall provide such fishermen with the appropriate technical and financial support.

SEC. 4. Jurisdiction of the Department. - The Department shall have primary
jurisdiction over the management, conservation, development, protection, utilization and


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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 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.

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

(a) Authority and responsibility over oceans’ 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, which clarify
and amplify the aforementioned departmental mandate in accordance with the
published fisheries and oceans management plans within its territorial

jurisdiction;

(d) Prepare and implement a comprehensive Fisheries Management 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 Development Authority, 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
rational and sustainable development;


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(f) 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;

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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;

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

(k) It shall 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;

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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, including 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;


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(n) Actively engage in the conservation, protection and rehabilitation of rare,
threatened and endangered marine 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;

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

(s) 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;

(t) 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 shipbuilding and repair facilities, and post-harvest
facilities, in cooperation with concemed agencies;

(v) 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
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(w) Administer a fisheries modernization credit program to finance fishery projects of
fisher folk, fish farmers, fish processors, commercial fishers and other qualified

borrowers; and

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

law.

SEC. 6. Structural Organization. - The Department shall consist of the Office of the
Secretary and three (3) Undersecretaries for Fisheries Production and Utilization,
Fisheries Conservation and Management, and for Operations; one (1) council, the
National Fisheries and Aquatic Resources Management Council, one (1) institute, the
National Fisheries Research and Development Institute, one (1) office, the Office of
Ocean and Marine Affairs and the following services: the Philippine Fisheries and
Aquatic Resources Information Service, 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;
(©) Special Projects Division; and

(d) Technical Division.

The Philippine Fisheries Development Authority 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.

SEC. 7. Functions of 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:


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(a) 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;

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

government;

(e) Promulgate rules, 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. 8. Functions of the Undersecretaries of the Department of Fisheries and
Marine Resources. - There shall be three (3) Undersecretaries: (1) the Undersecretary
for Fisheries Production and Utilization; (2) the Undersecretary for Fisheries
Conservation and Management; and (3) 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 shail 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 Orders, 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;

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

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


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(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 associations and
organizations, non-government organization and peoples’ organization and
supervise support and extension services at the regional, provincial and

municipal levels; and

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

SEC. 9. Qualifications of the Undersecretaries. - No person shall be appointed
Undersecretary of the Department unless he or she is a Filipino citizen; at least a
degree holder in fisheries, publication administration, management, economics, law or
other equivalent relevant disciplines; has actual experience in administration and
management for at least ten (10) years; and has general practical knowledge of
fisheries.

SEC. 10. Organizational Structure of the Department. - The functions of the
Department under this Act shall be carried out by the bureaus, agencies and services
created in the Department.

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 and Inland Fisheries (BAIF) - The BAIF shall, among

others, be responsible for regulating aquaculture operations in line with the

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1 International Code of Conduct for Aquaculture; promoting the intensification of
2 aquaculture operations in existing areas; formulating aquaculture development
3 programs; establishing and maintaining model aquaculture farms and ponds;
4 providing technical assistance to cooperatives and fishpond operators in the
5 development of a viable fishmeal and fish feeds industry, undertaking inland
6 fishery resources evaluation; and recommending management and conservation
7 measures.
8 The Bureau shall be headed by a Director and shall be composed of the following
9 divisions:
10 (1) Aquaculture Management and Development Division;
u (2) Inland Fisheries Resource Assessment and Conservation Division;
12 (3) Inland Fishery Development and Extension Division; and the
13 (4) Environmental Impact Assessment and Monitoring Division.
14 (b) Bureau of Postharvest and Fisheries Product Standards (BPFPS) - The
15 fishery component of the Bureau of Agriculture and Product Standards created
16 under Section 61 of R.A. No. 8435 shall be transferred to the BPFPS which shall
7 formulate and enforce standards of quality in the processing, preservation,
18 packaging, labeling, importation, exportation, distribution, and advertising of
19 fishery products; conduct research on product standardization, alignment of the
20 local standards with the international standards; promote and strengthen semi-
21 processing and handling; and shall have a Director, two (2) Assistant Directors,
22 one for Product Standards and Technical Services and the other for Industry
23 Compliance and Consumer Protection and the following divisions
24 Under the Assistant Director for Product Standards and Technical Services-
25 (1) Technical Services Division;
26 (2) Fish Processing Technology Division;
27 (3) Standards Development and Promotion Division; and the
28 (4) Value-added Products Development and Promotion Division.
29 Under the Assistant Director for Industry Compliance and Consumer Protection —
30 (1) Industry Compliance Division;
34 (2) Consumer Affairs Division; and the
32 (3) Arbitration and Dispute Resolution Division.


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(c) Bureau of Fisheries Extension, Training, and Support Service (BFETSS) —
The BFETSS shall 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, and fishing gears and methods.
It shall formulate a National Extension System for Fisheries, which shall be
composed of three (3) subsystems: (1) the national government subsystem, (2)
the local government subsystem and (3) the private sector subsystem. It shall
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. It shall have
the following divisions:

(1) Training and Skills Development Division;

(2) Technology Transfer and Demonstration Division;
(3) Business Advisory and Information Support Division; and

(4) Training Centers

(d) 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 environment friendly but efficient fishing
gears. It shall be headed by a Director and two (2) Assistant Directors and shall
have the following divisions:

(1) Municipal Fisheries Division;
(2) Commercial Fisheries Division;

(3) Fishing Technology Division and the
(4) High Seas Fisheries Division.

(e) Fisheries Modernization Credit and Financing Agency (FMCFA) - The

FMCFA shall administer the funds under Sections 108 to 113 of R.A. No. 8550

as well as the fisheries related provisions of Sections 20 to 25 of R.A. No. 8435,

harmonizing and integrating the two so as to package and deliver various credit
assistance programs for the following:

(1) Fisheries production including processing of fisheries products and inputs;


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(2) Acquisition or construction of fishery equipment, machinery, fishing
vessels and fishing gears;

(3) Acquisition of fry, fingerlings, fertilizers, feeds and similar items;

(4) Procurement of fisheries products for storage, trading, processing and
distribution;

(6) Construction, acquisition and repair of facilities for production, processing,
storage, transportation, communication, marketing and such other facilities
in support of fisheries and economic activities;

(6) 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 eco-tourism; and

(7) 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. 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 (2)
Assistant Directors and shall have the following divisions

(1) Coastal Resources Management Division;
(2) Oceanography Division;

(3) Fisheries Licensing Division;
(4) Biotechnology, Biosafety and Bioprospecting Division; and the
(5) Fisheries Law Enforcement Division.

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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:

(i) 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;

(ii) 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. It shall have the following divisions:

(i) Marine Protected Areas Division;

(ji) Marine Wildlife Rescue Centers;

(iii) CITES Management Authority;

(iv) Endangered Marine Species Captive Breeding Centers;

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1 (v) Endangered Marine Wildlife Research Center shall be the

2 Department's CITES Scientific Authority which shall coordinate with
3 academic institutions designated as scientific authorities; and the

4 (v) Biodiversity Division

5 The Undersecretary for Operations shall have direct control and supervision over all

6 regional offices and the following unit and bureau:

7 (a) Fisheries Inspection and Quarantine Inspection Service (FIQIS) - The FIQIS
8 shall have the line functions and shall be responsible for the inspection and
9 quarantine of all fishery related activities including the conduct of quarantine and
10 quality inspection of all fish and fishery/aquatic products coming into and going
a out of the country by air or water transport to detect the presence of fish pest and
2 diseases, the regular inspection of processing plants, storage facilities, abattoirs,
B as well as public and private markets in order to ensure freshness, safety and
14 quality of products and to ensure that these products conform to the standards
1s prescribed by the Department; and the quarantine of aquatic animals and fishery
16 products determined or suspected to be with fishery pest and diseases and
7 prevent the movement or trade from and or into the country of these products so
18 prohibited or regulated under existing laws, rules or regulations and international
19 agreements of which the Philippines is a State Party. It shall have the following
20 units:
2 (i) Regional fishery Inspection and Quarantine Offices;
2 (ii) Cyanide Detection Centers;
23 (iii) Product Standards Enforcement Division; and the
24 (iv) Regional Fish Health Centers.
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26 (b) Bureau of Fishery Economics and Statistics (BFES) - The BFES shall be a
27 line bureau responsible for establishing benchmark data on the structure of the
28 fishery industry. It shall conduct research and studies on the socio-economics of
29 various fishery operations, collect data on fishery production, and establish a
30 network of fishery information, documentation and dissemination. It shall have
31 the following divisions:
32 (i) Fishery Statistics Division;
33 (ii) Socio-economic Division; and the
34 (ii) Fishery Information Division.

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SEC. 11. 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 (4) line divisions which shall have the following duties and responsibilities:

(a) Provide efficient and effective front-line service to the fishery and aquatic industry
sector, 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.

SEC. 12. Appointment and Qualification of Directors. - The Directors of the
Bureau, Offices and Agencies and the Regional Directors shall be appointed by the
Secretary, upon recommendation of the Undersecretaries concerned. 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 (5) years of experience either
in the public or private sector, in marine fisheries research and development, or in the

fisheries industry.

SEC. 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.

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The Philippine Fisheries Development Authority (PFDA) 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 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 (LLDA),
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 LDA 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 Marine Resources.

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, 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 Marine Resources.

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SEC. 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, 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 abolition of the government unit or
agency that has exercised them, shall include the appropriations, funds, records,
equipment, facilities, choses 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 personne! shall, pending
reappointment, continue to perform their duties and responsibilities and receive
the corresponding salaries and benefits in a hold-over capacity.

SEC. 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.

SEC. 16. Appropriations. For the effective implementation of this Act, the amount
of Five Billion pesos (P- 5,000,000,000.00) 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 Five Hundred Million Pesos (P 500,
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 and the proprietary services delivered by the Department, and the

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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 shalll be subject to COA rules and regulations.

SEC. 17. Separability Clause - If any provision of this Act is declared
unconstitutional or inoperative, the other provisions not so declared shall remain in force
and effect.

SEC. 18. Repealing Clause. - All laws, decrees, orders, rules and regulations or
parts thereof inconsistent with the Act or the rules and regulations promulgated

pursuant thereto are hereby repealed or amended accordingly.

SEC. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) newspapers of general circulation.

Approved,

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