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

EIGHTEENTH CONGRESS
First Regular Session

3240
HOUSE BILL NO.

Introduced by JANICE Z. SALIMBANGON

EXPLANATORY NOTE

This bill seeks to create the Department of Fisheries and Aquatic Resources.

Basically, Philippines is an archipelagic state, it comprises of more than seven
thousand islands. Its water is seven times larger than the land area. The abundance of
the marine resources no doubt plays a major role in helping the country's resources

As it is now, anything about fisheries and aquatic resources such as the
regulatory power, policy making program and its implementation is being handled by
a bureau, an attached agency under the Department of Agriculture. The Department of
Agriculture is tasked with huge functions and responsibilities in the field of
agriculture alone. To this representation’s mind a bureau is insufficient to run the vast
field of fisheries and aquatic resources considering the lack of an inherent authority.
Among the Asian countries, only in the Philippines that the fisheries is managed by a
bureau.

The creation of the department would enable the government to focus more on
the development, improvement, management and conservation of the country's ocean,
fisheries, marine and aquatic resources. This will put our country at par with the
modem fishing industries in Asia.

In view of the foregoing, approval of this bill is highly recommended.

JANICE Z. SALIMBANGON


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

EIGHTEENTH CONGRESS
First Regular Session

3240
HOUSE BILLNO._

Introduced by JANICE Z. SALIMBANGON

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

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

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

SEC. 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 citizens;

¢. 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 fisher-folk communities from the adverse effects of climate change
and severe weather disturbances;

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

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


SEC. 3. Creation. — 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.

SEC. 4. Jurisdiction of the Department. - The Department shall have primary
jurisdiction over the management, conservation, development, protection, utilization
and disposition of all aquaculture, fisheries and aquatic resources of the country,
including the habitats of fish and all other marine life and other 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 fisheries policies, laws, rules and regulations.

The Department shall have the authority to supervise and regulate the
production and capture of fish and fisheries products within its jurisdiction, as well as
the harvesting, utilization, transport, storage, Processing and marketing of all
aquaculture, fisheries and other aquatic products in the country.

The Department shall also 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 devolve upon 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. Exercise 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 marine components;

¢. 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;

d. Prepare and implement a Comprehensive National Fishery Industry
Development Plan (CNFIDP) 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 a Comprehensive Fishery Research and
Development Program, such as, but not limited to, sea farming, sea
ranching, tropical/ornamental fish and seaweed culture, aimed at
increasing resource productivity, improving resource use efficiency, and
ensuring the long-term sustainability fisheries and aquatic resources;

f Set policies and standards based on the CNFIDP 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
Development Authority (NEDA);


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

._ Issue licenses for the operation of commercial fishing vessels and permits
for the conduct of fisheries 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;

Issue fish worker licenses and identification cards free of charge to fish
workers engaged in commercial fishing:

Implement the provisions of Republic Act No. 8550 and the relevant
provisions of Republic Act Nos. 8435, 8425 and 9147 and enforce all
fisheries laws, miles and regulations through its fisheries officers and law
enforcement agents 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;

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

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;

. Coordinate with the LGUs and other concerned agencies for the

establishment of productivity-enhancing and market development
Programs in fishing communities to enable women to engage in other
fisheries/economic activities and contribute to development efforts;
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 aquatic resources and their habitat, all matters pertaining to
fisheries production, processing, marketing and research results and
technology advances;
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 aquatic resources in Philippine
waters are judiciously and wisely utilized and managed on a sustainable
basis;

. Actively engage in the conservation, protection and rehabilitation of rare,
threatened and endangered aquatic species as it may determine, including
their habitats;

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

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


tules and regulations for the conservation and management of straddling
fish stocks and highly migratory species;

s. Designate in cooperation with the LGUs marine areas as protected areas
for the special purposes stated in the notice of declaration;

t. Enforce the Code of Practice for Aquaculture and Code of Conduct for
Responsible Fisheries;

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

v. Impose administrative sanctions, including fines for fisheries and ocean
infractions, in accordance with the schedules and limits in consultation
with the Department of Justice and embodied in fisheries regulations;

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

x. 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;

y. 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;

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

a. Administer an effective fisheries modernization credit program for
business projects of fisherfolk, fish farmers, fish processors,
commercial fishers and other qualified borrowers; and

b. 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
Department Proper, its Bureaus, the Regional Offices, National Technology
Centers and Regional Fisheries Training Centers.

The Department Proper shall consist of the Offices of the Secretary, the
three Undersecretaries for Operations, Policy and Planning, and Administrative
Support Services and External Relations, and the Assistant Secretaries and their
immediate staff and the Department Services.

SEC. 7. Functions of the Secretary. - The Secretary of the Department of
Fisheries and Aquatic Resources, hereinafter referred to as the Secretary, shall be
appointed by the President and shall have the following functions:

a) Exercise jurisdiction over all bureaus, offices, agencies; and
corporations under the Department;


b

Exercise authority and assume responsibility for the performance of the
powers and functions of the Department;

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

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

Promulgate administrative orders, rules, regulations and other
issuances in carrying out the Department's mandate, objectives,
policies, plans, programs and projects; and

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

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d

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SEC. 8. Functions of the Undersecretaries and the Assistant Secretaries. - The
Secretary shall be assisted by three (3) Undersecretaries: the Undersecretary for
Operations; the Undersecretary for Policy and Planning; and the Undersecretary for
Administrative Support Services and External Relations; and five (5) Assistant
Secretaries: the Assistant Secretary for Planning; the Assistant Secretary for Policy
and International Affairs; the Assistant Secretary for Operations; the Assistant
Secretary for Special Concerns; the Assistant Secretary for Support Services; and the
Assistant Secretary for External Relations.

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

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

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

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

b) Offices of the Assistant Secretaries. With respect to the specific area of
responsibility, the Assistant Secretaries shall have the following general
functions:

1. Provide periodic reports and advice to the Undersecretary on the programs
and offices under their defined areas of responsibility and recommend
measures towards greater effectiveness and efficiency:

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

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

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


SEC. 9. Qualifications and Appointment. - No person shall be appointed
Secretary or Undersecretary of the Department unless he is a Filipino citizen; must
have a degree in law or a Masters degree in fisheries, public administration,
management, economics 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. The Secretary and Undersecretary shall be
appointed by the President of the Philippines in the manner prescribed by law.

‘No person shall be appointed Assistant Secretary, Bureau Director or Assistant
Bureau Director, unless he is a Filipino citizen; must have a degree in law or at least a
Masters degree in fisheries, public administration, management, economics, statistics,
engineering, law or other equivalent relevant disciplines; with at least seven (7) years
actual 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 Assistant Secretary, Bureau or Assistant Bureau Director
shall be appointed by the President, upon the recommendation of the Secretary.

No person shall be appointed Regional Director or Assistant Regional
Director, unless he is a Filipino citizen; has any of the educational qualifications
above prescribed for Assistant Secretary, Bureau Director or Assistant Bureau
Director, and with at least five (5) years actual experience either in the public or
Private sector, in administration and management, fisheries research and development,
or in the aquaculture and fisheries industries. The Regional Director or Assistant
Regional Director shall be appointed by the President of the Philippines upon the
recommendation of the Secretary.

Subordinate Officials and Employees of the Department shall be appointed by
the Secretary in accordance with Civil Service laws, rules and regulations.

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. The Office shall
have direct supervision over Office of the Assistant Secretary for Policy and
International Affairs, the Office of the Assistant Secretary for Planning, the Bureau of
Fisheries Economics and Statistics (BFES), the Bureau of Post- harvest and Fisheries
Product Standards (BPFPS), and the Fisheries Modernization Credit and Financing
Agency (FMCFA);

a) Office of the Assistant Secretary for Policy and International Affairs. - The
Office of the Assistant Secretary for Policy and International Affairs shall
lead in the policy development of the Department to attain the goals of the
fisheries sector. It shall responsible for the crafting of national fisheries
policy and provide periodic reports on the country's performance relative
to the sector. 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


)

°)

d

negotiations and the coordination of their implementation. The Service

shall be responsible for advocating the Philippine fisheries and aquatic

resources agenda in international organizations and bodies. The Office
shall have direct control over the Policy Service and the International

Affairs Service.

Office of the Assistant Secretary for Planning. - The Office of the

Assistant Secretary for Planning 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
identifying, 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 Philippine Fisheries and Aquatic Resources Information

System which shall be the principal depository and information server of

ail aquaculture and fisheries-related information in the country. The Office

shall have direct supervision and control over the Planning Service, the

Monitoring and Evaluation Service, and the Project Development Service.

Bureau of Fisheries Economics and Statistics (BFES). — The BFES shall

be a line bureau responsible for establishing benchmark data on the

structure of the aquaculture and fisheries industries. It shall conduct
research and studies on the socio-economics of various aquaculture and
fisheries operations, collect data on aquaculture and fisheries production,
and establish a network of aquaculture and fisheries information,
documentation and dissemination. It shall have the following divisions: the

Aquaculture and Fisheries Statistics Division; the Socioeconomic

Division; and the Aquaculture and Fisheries information Division.

The Fisheries Modernization Credit and Financing Agency (FMCFA). —

The FMCFA shall administer the funds under Sections 109 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:

1. Aquaculture and fisheries production including processing of fisheries
products and inputs;

2. Acquisition or construction of fisheries 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;

5. Construction, acquisition and repair of facilities for production,
processing, storage, transportation, communication, marketing and
such other facilities in support of fisheries;

6. Working capital for fisheries graduates to enable them to engage in
fisheries-related economic activities,

7. 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

8. Development of appropriate technology in aquaculture, fisheries and
ancillary industries that are ecologically sound, technically feasible and


socially acceptable, based on the requirements of the Fisheries and
Aquatic Resources Management Councils.

SEC. 11. Office of the Undersecretary for Operations. - The Office of the
Undersecretary for Operations shall provide leadership in the translation and
implementation of the Comprehensive National Fisheries Industry Development Plan
(CNFIDP) into operational plans and programs. It shall exercise direct supervision
and control over the Office of the Assistant Secretary for Operations, Office of the
Assistant Secretary for Special Concerns, the regional field offices, the Regional
Fisheries Training Centers, the Bureau of Aquaculture and Inland Fisheries (BAIF);
the Bureau of Fishing Technology and Capture Fisheries (BF TCF); the Bureau of
Fisheries Extension, Training, and Support Services (BFETSS), the Marine Resources
Conservation, Management and Enforcement Bureau; the Bureau of Post-Harvest and
Fisheries Product Standards; and the Fisheries Inspection, Quarantine and Fish Health
Service (FIQFHS).

a) Office of the Assistant Secretary for Operations. - The Office of the
Assistant Secretary for Operations shall assist the Undersecretary
to ensure integration of functions and activities and adherence to
national policies and programs. The Office shall assist in the
supervision of the regional field units and in developing a
framework of cooperation and linkage with regional development
councils, LGUs and national agencies in the management of the
aquaculture, fisheries and marine sectors;
Office of the Assistant Secretary for Special Concerns. - The Office
of the Assistant Secretary for Special Concerns shall develop and
implement programs and projects for the national fisherfolk
operation centers, the Young Fisherfolk, and Women in Fisheries;
Bureau of Aquaculture and Inland Fisheries (BAIF). - The BAIF
shall, among others, be responsible for: regulating aquaculture
operations in line with Best Aquaculture Practices and the
International Code of Conduct for Responsible Aquaculture,
promoting the appropriate aquaculture operations in existing areas;
formulating aquaculture marine special economic zones; providing
technical assistance to cooperatives and fishpond operators in the
development of viable fishmeal and fish feeds industry,
undertaking inland fisheries resources evaluation; and
recommending management and conservation measures.

b)

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The Bureau shall be composed of the following divisions: the Aquaculture
Development and Management Division; the Inland Fisheries Resource Assessment,
Development and Conservation Division, and the Aquaculture and Inland Fisheries
Regulation and Licensing Division.

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 fisheries industry,
explore new fisheries resources and develop environment-friendly
but efficient fishing gears. It shall have the following divisions: the
Municipal Fisheries Division, the Commercial Fisheries Division;


©)

the High Seas Fisheries Division; and the Fishing Technology
Division

Bureau of Fisheries Extension, Training, and Support Services
(BFETSS). — The BFETSS shall coordinate all development
activities with respect to aquaculture, fisheries and oceans
technology, and shall have a development section for all
components including inland and oceans fishing, fishing and
methods and new aquaculture and fisheries research and
technology. The Bureau shall establish linkages with local
government units, local fisherfolk associations and organizations,
non-government organization and people's organization and
supervise support and extension services at the regional, provincial
and municipal level. It Shall formulate a National Extension
System for Fisheries and Aquaculture which shall be composed of
three (3) subsystems: the national government the local
government subsystem and the private sector subsystem. It shall
deliver the following major services: training services; credit and
financing support services, demonstration services, and information
and communication support services through tri-media It shall have
the following units: the Training and Skills Development Division;
the Technology Transfer and Demonstration Division, Training
Centers.

Marine Resources Conservation, Management and Enforcement
Bureau (MRCMEB). The MRCMEB is tasked with the
implementation and enforcement of the Comprehensive National
Fisheries Industry Development Plan. It shall undertake marine
fisheries resources assessment and biological and environmental
investigations and formulate conservation measures. Pursuant to
Section 81 of RA 8550, the Bureau shall also be responsible for
establishing and maintaining marine protected areas, fisheries
refuges and sanctuaries, and assist LGUs in identifying and
establishing fish sanctuaries in municipal waters. It shall be the
lead agency in the fulfillment of the country’s obligations under the
Convention on International Trade on Endangered Species (CITES)
for marine and aquatic species, the Convention on Biological
Diversity and other such treaties and international agreements.

In coordination with the National Fisheries Research and
Development Institute, the Bureau shall conduct stock assessment
of fish and marine resources and determine and establish the
carrying capacity and total allowable catch (TAC) for a particular
resource and lead in the conduct of scientific researches on the
proper strategies for the conservation and protection and protection
of marine wildlife and their habitat including breeding and
propagation of the same. 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. The
bureau shall also have the authority to take custody of confiscated,
stranded or abandoned marine wildlife.


8)

The MRCMEB shall have the following units: the Coastal
Resources Management Division; the Fisheries Licensing Division;
the Oceanography Division; the Marine Protected Areas Division;
the Fisheries Law Enforcement Division; the Marine Wildlife
Rescue Centers; and the Endangered Marine Species Captive
Breeding Centers,

The Fisheries Law Enforcement Division shall establish the
Fisheries Air and Oceans Patrol, and the Regulatory Staff
composed of Fisheries Officers, Deputized Fisheries Guardians and
the corps of specialist from DND, PNP-MARICOM, DILG, DFA,
and DOJ. The Division shall conduct law enforcement trainings
and recommend to the Secretary the deputization of government
employees and members of fisherfolk organizations as fisheries
guardians. It shall be responsible for the enforcement of fisheries
laws, rules and regulations and the monitoring, control and
surveillance of fishing activities within territorial waters. The
fisheries Officers shall have full police powers relative to the
enforcement of fisheries laws, rules, and regulations including
arrest, search, and seizure, and shall have the authority to directly
file complaints for violation of fisheries laws, rules, and regulation,

The Fisheries Inspection, Quarantine and Fish Health Service
(FIOFHS) shall be responsible for the inspection and quarantine of
all fisheries related activities including the conduct of quarantine
and quality inspection of all fish and fisheries/aquatic products
coming into and going out of the country by air or water transport
to detect the presence of residue of banned substances, fish pest,
and diseases, the regular inspection of primary production areas,
processing plants, storage facilities, abattoirs, as well as public and
private markets. These activities will ensure the following:

a. the freshness, safety, quality, and conformity to the
standards prescribed by the Department;

b. the provision of fish health services to the fish and fishery
industries, including aquatic plants;

c. the quarantine of aquatic animals and fisheries products
determined or suspected to be with fisheries pest and
diseases; and

d. the prevention of the movement or trade from and/or into
the country of products so prohibited or regulated under
existing laws, rules or regulations and enforcement of
international agreements of which the Philippine is a State
Patty.

The Bureau shall have the following units: Regional
Fisheries Inspection and Quarantine Offices; Cyanide Detection
Centers; Regional Fish Health Centers; and the Product
Standards Enforcement Division.


h) The Bureau of Postharvest and Fisheries Product Standards
(BPFPS). - The fisheries component of the Bureau of Agriculture
and Product Standards created under Section 61 of RA 8435 shall
be transferred to the BPFPS which shall formulate and enforce
standards of quality and safety in the handling, transport, storage,
Processing, preservation, packaging, labeling, importation,
exportation, and distribution of aquaculture and fisheries products,
conduct research on product standardization implement the
Hazards Analysis and Critical Control Points (HACCP) system
from farm to fork and align local standards with international
standards; promote and strengthen semi-processing and handling;
and develop value-added aquaculture and fisheries products for
domestic consumption and export.

The Bureau shall have a Director and two Assistant Directors.
The Assistant Director for the Product Standards and Technical
Services shall have supervision and control over the Standards
Development and Promotion Division; the Technical Services
Division; the Products Development and Promotion Division: and
the Fish Processing Technology Division. The Assistant Director
for Industry Compliance and Consumer Protection shall have
supervision and control over the Industry Compliance Division and
the Consumer Affairs Division.

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 evaluate 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 coordinate with other
concemed government agencies such as but not limited 10 the
Philippine Navy and the Philippine Coast Guard. It shall be headed
by a Director and shall have the following divisions: Oceans Use
Assessment and Clearance Division; National and International
Oceans Law and Policy Division; Special Projects Division and
Technical Division.

SEC. 12. Office of the Undersecretary for Administrative Support Services and
External Relations. - The Office of the Undersecretary for Administrative Support
Services and External Relations shall provide effective staff support services 10 all
the Departments offices and agencies at all levels of implementation. It shall develop
and implement systems and procedures to ensure transparency, accountability, and
Predictability in the administrative and financial transactions of the Department, The
Office shall serve as the liaison office with the legislative branch of goverment. The
Officece shall exercise direct supervision and control over the Office of the Assistant


Secretary for Support Services and the Office of the Assistant Secretary for External
Relations.

a) Office of the Assistant Secretary for Support Services. — The Office of the
Assistant Secretary for Support Services shall oversee the effective provision
of staff support services to all the Department's offices and agencies at all
levels of implementation to achieve cost-efficiency and cost-effectiveness. It
shall develop and implement systems and procedures to ensure transparency,
accountability and predictability in the administrative and financial
transactions of the Department. The Office shall have direct supervision over
the Human Resource Management Service, Finance and Management Service,
Legal Service, and Property and General Services,

Office of the Assistant Secretary for External Relations. — The Office of the
Assistant Secretary for External Relations shall provide leadership in
formulating a Department- wide public information program to generate
public support for the Department's Policies, programs and projects. The
Office shall also liaise with the legislative branch of government in the
advocacy for laws, policies and programs supportive of the development and
growth of the aquaculture and fisheries sector and shall supervise the Public
Relations and Protocol Service.

b)

SEC. 13. Regional Offices and Functions. - The Department shall have such
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 staff and line divisions as may be necessary which
shall have the following duties and responsibilities:

a) Provide efficient and effective front-lime service to the aquaculture,
fisheries and aquatic industry sectors, particularly to the municipal
fisherfolk;

b) Implement in its area of jurisdiction, the laws, policies, plans, programs,
Projects, rules and regulations of the Department;

©) Coordinate with other departments, offices and agencies in the region; and

4) Perform other functions as may be Provided for by law or assigned by the
Secretary.

SEC. 14, National Technology Centers. — The following technology centers shall
be under the supervision and control of the Secretary:

a) National Marine Fisheries Development Center;

'b) National Freshwater Fisheries Technology Center;

¢) National Brackishwater Aquaculture Technology Center;
d) Mindanao Freshwater Fisheries Technology Center;

) National Seaweeds Technology Development Center; and
f) National Inland Fisheries Technology Center.

‘These technology centers shall perform the following functions:


Conduct applied research / studies and other development and

management work on marine, freshwater, brackish water, and inland

fisheries technologies;

Verify and package economically viable and socially acceptable

technologies for technology transfer; ;

©) Establish show windows of projects with proven technologies for transfer

and dissemination; .

Provide technical support and services to the regional fisheries offices, the

NFRDI, Regional Fisheries Training Centers and concerned local

government units.

*) Serve as the conduitnetwork to bridge the technology gap among the
research institutions, the academe, and the fisheries industry; and

£) Serve as the depository of aquaculture and marine genetic materials,

b)

d)

SEC. 15. Advisory Bodies. - The Artisanal Fisherfolk Sectoral Council of the
National Anti-Poverty Commission (NAPC) and the National Fisheries and Aquatic
Resources Management Council (NFARMC) shall serve as advisory bodies to the
Secretary.

SEC. 16. Attached Agencies. - The National Fisheries Research and
Development Institute, the Philippine Fisheries Development Authority (PFDA) and
the Philippine Technical Advisory Committee of the SEAFDEC Aquaculture
Department are hereby attached to the Department.

SEC. 17. 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: Provided, however, that no official or employee
of the BEAR shall be laid off in the implementation of this Section

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

The National Fisheries and Aquatic Resources Management Council
(NFARMC) created by Republic Act No. 8550 shall be transferred to the Office of the
Secretary of the Department.

The National Fisheries Research and Development Institute created by
Republic Act No. 8550 shall be transferred to the Department and shall sere os £e,
principal research arm.

The Philippine Fisheries Development Authority created by Presidential
Decree No. 977 including its relevant functions, appropriations, records, Properties,

Taney under the Office ofthe Secretary: Provided, however, 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 laid off in the implementation of the
ion.


The Philippine Technical Advisory Committee of the SEAFDEC Aquaculture
Department created under Executive Order Nog)834 dated October 4, 1982, including
its relevant functions, appropriations, records properties, equipment and personnel, is
hereby transferred and attached to the Department: Provided, That no official or
employee of the Committee 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: 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.

All functions of the Maritime Industry Authority (MARINA) pertaining to the
registration, licensing, documentation, inspection and manning and all other matters
concerning all types of fishing boats plying Philippine and international waters,
including the relevant appropriations, records, and personnel, are hereby transferred to
the Department of Fisheries and Aquatic Resources: Provided, That no official or
employee of the MARINA shall be laid off in the implementation of this Section.

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 .

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

SEC. 18. 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 function,
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 responsibilities and receive the corresponding salaries and
benefits ina hold-over capacity; and

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. Is liabilities, if
any, shall likewise be treated in accordance with the Government Auditing Code and
Other pertinent laws, rules and regulations. Its personnel shal pending
reappointment, continue to perform their duties and responsibilities and receive the
Corresponding salaries and benefits in a hold- over capacity

SEC. 19. Organization Committee. - The duly appointed Secretary 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
Fepresentatives from the Department of Budget and Management, Civil Service
Commission, the fisheries industry and the academe.

SEC. 20. Appropriations. - For the effective implementation of this Act, the
amount of ten billion pesos (PhP10,000,000,000.00) is hereby appropriated from the

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 (PhP500,000,000.00) is hereby appropriated from the unappropriated funds of
the National Treasury,

The revenues that the Department will generate from its licensing operations,
the fees collected from the propriety services delivered by the Department, and the
administrative fines imposed by the National Fisheries Regulatory and Adjudication
Board 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, helicopters
and airplanes 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.

SEC. 21. Separability Clause- - If any provision of this Act is declared
unconstitutional or invalid, the other provisions not so declared shall remain in force
and effect.

SEC. 22. Repealing Clause. - All laws, decrees, orders, rules and regulations
or parts thereof inconsistent with the Act or rules and regulations promulgated
Pursuant thereto are hereby repealed or amended accordingly.

SEC. 23. Effectivity Clause. — This Act shall take effect fifteen (15) days after
Publication in two (2) national newspapers of general circulation,

Approved,