HOLST OF REPRE

RECEIVED
26 JUL 2016
Republic of the Philippines DA
HOUSE OF REPRESENTA’ S unc:
Quezon City ey
SEVENTEENTH CONGRE:!
First Regular Session GESASTRATION UNIT.

BILLS ANJ iNDEX SERVICE

House Bill No. 1925

Introduced by Representative Benhur L. Sali

imbangon

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

The 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
life no doubt plays a major role in helping the country’s resources. However, the
regulatory power, policy making program and its implementation is not sufficient
considering the lack of an inherent authority being run by a bureau under the Department
of Agriculture which is a department tasked with huge functions and responsibilities in
the field of agriculture alone. Among the Asian countries, only the Philippines is being
tun 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 highfy fecommended.

BENHUR L. SALIMBANGON



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No,__1925

Introduced by HON. BENHUR L. SALIMBANGON

AN ACT
CREATING A DEPARTMENT OF OCEAN, 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 Ocean,
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,

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

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

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

£ 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 technologysbased 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. 3. Creation. — To catry 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 i

pact 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. . 7

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


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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);

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

h) 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;

i) Issue fishworker licenses and identification cards free of charge to fishworkers engaged in
commercial fishing;

i) 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, rules 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;

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

1) 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;

m) 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;

n) 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


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w) Acquire, maintain, operate, purchase, ease or dispos:

y)

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 rehabilitat

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

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

Enforce the Code of Practice for Aquaculture and Code of Conduct for Responsible
Fisheries,

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

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;

through the Philippine Fisheries

Development Authority (PFDA), equipment arid facilities such as shipyards, fishing
vessels, fishing gears, and reffigerated trucks, ice plants and cold storages,
communication, and aquaculture facilities;

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;

Provide through the PFDA infrastructure support such as municipal fishing ports and

markets, farm-to-market roads, quality laboratories in fish ports, marketing facilities,


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local fisheries ship-building and repair facilities, and post-harvest facilities, in

cooperation with concerned agencies;

2) 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;

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

bb) 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

£) Perform such other functions as may be provided for by law or assigned by the President.
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 supérvision 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 responsibilty, 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, econontics, statistics, engineering, law or

other equivalent relevant disciplines; with at least seven (7) years actual expérience, ether 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 (BEES), 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 Intemational Affairs shall lead in thé policy
development of the Department to attain the goals of the fisheries sector. It shall be
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 negotiations and the coordination of their

implementation. The Service shall be responsible for advocating the Philippine fisheries


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

b) 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 all 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 fiunds 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;


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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 (BFTCF); 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).

@) 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;

4) 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


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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.

‘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,

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 gears 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 subsystem, 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
Tesources assessment and biological and environmental investigations and formulate


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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 om 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 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.

‘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 specialists from the 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 Philippine 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 regulations.

The Fisheries Inspection, Quarantine and Fish Health Service (FIOFHS). - The FIQFHS
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


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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
1) the freshness, safety, quality, and conformity to the standards prescribed by the
Department,
2) the provision of fish health services to the fish and fishery industries, including
aquatic plantss
3) the quarantine of aquatic animals and fisheries products determined or suspected to be
with fisheries pest and diseases; and
4) 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 Party.
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. .
‘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 im 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
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¥) The Office of Ocean and Marine Affairs. - The Office of Ocean and Marine A{ffairs 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 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 to 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
Extemal Relations shall provide effective staff support services to all the Department's
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 government. The Office shall exercise direct supervision and control
over the Office of the Assistant Secretary for Support Services and the Office of the Assistant
Secretary for Extemal 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 agencigs 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.

4) 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


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development and growth of the aquaculture and fisheries sector and shall supervise the

Public Relations and Protocol Service.

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 necestary which shall have the following
duties and responsibilities: . -
a) Provide efficient and effective front-line 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
) National Inland Fisheries Technology Center.

These technology centers shall perform the following functions
a) Conduct applied research / studies and other development and management work on

marine, freshwater, brackish water, and inland fisheries technologies;

b) Verify and package economically-viable and socially acceptable technologies for
technology transfer;

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

d) Provide technical support and services to the regional fisheries offices, the NFRDI,

Regional Fisheries Training Centers and concerned local government units
©) Serve as the conduitfnetwork to bridge the technology gap among the research

institutions, the academe, and the fisheries industry; and

1) Serve as the depository of aquaculture and marine genetic materials


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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 BFAR 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 is 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 serve as its principal research arm.

‘The Philippine Fisheries Development Authority created by Presidential Decree No. 97
including its relevant functions, appropriations, records, properties, equipment and personnel,
is hereby transferred to the Department as an attached agency under the Office of the
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 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 Departmem: 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.


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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 ofthe Department

All functions of the Maritime Industry Authority (MARINA) pettaining to the
registration, licensing, documentation, inspection and manning and all other matters
conceming 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 transfered 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 in a hold-over
capacity; and

5) 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,
facilites, chooses inaction, rights, other assets and personnel as may be necessary to the
Proper discharge of the transferred fianctions, Its liabilities, if any, shall likewise be
treated in accordance with the Government Auditing Code and other Pertinent laws, rules
and regulations. Its personnel shall, pending reappointment, continue to perform their


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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 pattem,
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 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 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
(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 46fc]
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 2nd regulations promulgated pursuant thereto are
hereby repealed or amended accordingly.


1 SEC. 23. Eiffectivity Clause. - This Act shall take effect fifteen (15) days after publication
2 in two (2) national newspapers of general circulation.

3 Approved,
4