RECEIVED |

Republic of the Philippines
Bouse of Representatives
Queson City, Metro Manila

Eighteenth Congress

First Regular Session
3471

Introduced by

HON. ANNA MARIE VILLARAZA-SUAREZ and
HON. DAVID C. SUAREZ

EXPLANATORY NOTE

The Philippines is an archipelago consisting of 7,100 islands with @ coastline
of 36,289 kilometers..The country’s vast marine resources include 26.6 million
hectares of coastal waters, 193.4 million hectares of oceanic waters in addition to
842,247 hectares of inland waters. With our sovereign right to Benham Rise
recognized by the United Nations Commission on the Limits of the Continental
Shelf, another 13 million hectares of marine areas have been added.

With these extensive marine resources, it comes as no surprise that the
Philippines is a consistent fisheries producer accounting for 2.4% of total world
Production of fish, crustaceans, mollusks, and aquatic plants in 2014. The country
's also a top producer of farmed milkfish in the world and is among the leading
countries in seaweed and tilapia culture. In 2011, the country’s fisheries industry
alone has provided livelihoods to 1.6 million Filipinos.

Fisheries deals with the production (through culturing), Processing and
marketing of fish and other living species from the aquatic environment which

* Dr. Rafael Guerrero III, Agriculture Monthly’s, May 2017



includes both marine and freshwater bodies. Aquatic resources, on the other hand,
are ‘sources of water, both fresh and salty, oceanic and inland, and their
ecosystems of living organisms and their environments.

Unfortunately, our fisheries production has been declining if not sluggish
during the last decades. Our inland and coastal waters are degraded and
overfished. We have not established enough fish ports with appropriate post-
harvest facilities. Our investments in fisheries and aquaculture are so miniscule that
we can hardly engage in the highly competitive world markets. We need to restore
Our fish stocks to sustainable levels, rehabilitate coral reefs and mangroves, and
invest more on large-scale mariculture production and infrastructural support.

Besides addressing these technological, ecological and economic challenges,
we need to have the appropriate fisheries policies, management systems and
institutions in place, and resolve pestering conflicts in bureaucratic jurisdictions.
These concerns are too gargantuan for a line agency, such as the Bureau of
Fisheries and Aquatic Resources (BFAR), and other agencies Presently concerned
with aquatic and marine resources, to handle and address effectively and
efficiently.

This bill seeks to establish the Department of Fisheries and Aquatic
Resources (DFAR) which shall be primarily responsible for the management,
development, improvement, proper utilization and conservation of the country’s
fisheries and aquatic resources. The new department shall primarily focus on
formulating and implementing improved fishery policies, management systems and
structures, and enforcing a more effective regulation of fishing and aquatic
activities in the country. Ultimately, the goal is to realize a robust and highly
competitive fishery and aquatic industry in the Philippines.

For these reasons, the immediate consideration and approval of this bill is
earnestly urged,

HON. ANNA MARIE VILLAI "SUAREZ
REPRESENTATIVE

ALONA PARTYLIST b>



Republic of the Philippines
House of Representatives
Queson City, Metro Manila

Eighteenth Congress

First Regular Session
3471

Introduced by

HON. ANNA MARIE VILLARAZA-SUAREZ and
HON. DAVID C. SUAREZ

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 the 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 2019’,

SECTION 2. Declaration of Policies. — It is hereby declared the Policy of the
State to promote the sustainable development and management of oil fisheries,
marine and aquatic resources in Philippine waters including its exclusive economic
zone (FEZ) and in the adjacent high seas, consistent with the primordial objective
of maintaining a sound. ecological balance and protecting the environment.

It is also declared to be the Policy of the State to protect and conserve the nation’s
marine wealth in its archipelagic waters, territorial sea and EEZ and reserve its use
and enjoyment exclusively to Filipino citizens. Towards this end, the State shall
ensure the protection of the rights of small-scale fishermen in the Preferential use
of communal marine, fisheries and aquatic resources. For this Purpose, the State


through its agencies shall provide fish workers with the appropriate technical and
financial support so they may sustainably cultivate marine resources.

SECTION 3. 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.

SECTION 4. Jurisdiction of the Department. — The Department shall have
Primary jurisdiction over the management, conservation development, protection
utilization and disposition of all fishery and aquatic resources of the country,
including the habitats of fish and all other marine life and over activities which
Impact on these habitats, Provided, that municipal waters shall remain under the
Jurisdiction of local government units (LGUs) concerned. The said LGUs shall
manage their respective municipal waters in accordance with national fishery
Policies, laws, rules and regulations and in a manner consistent with the policies set
forth herein.

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 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.

SECTION 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 and on fisheries and their
habitat;

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

(4) 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 developmental framework of the
National Economic Development Authority (NEDA), a. fishery industry
development program and set policies and standards for the efficient and
economic operation of the fishing industry in accordance with the objectives of
food security and rational and sustainable development;

(f) Promulgate laws, rules and regulations governing the conservation and proper
utilization of fisheries and aquatic resources, except in municipal waters which
shall remain to be under the jurisdiction of the LGU concerned;

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

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

(i) Implement the provisions of Republic Act No. 8550, or the Philippine Fisheries
Code, and the relevant provisions of Republic Act No. 8435, or the Agriculture
and Fisheries Modernization Act, 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
goverment officials and employees, punong barangays and officers and
members of fisherfolk associations who have undergone training on law
enforcement;

G) Perform quasi-judicial and allied functions and settle conflicts of resource use
and allocation in consultation with the National Fisheries and Aquatic Resources
Management Council and the LGUs concerned;

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

(1) Establish and maintain a Philippine Fisheries and Aquatic Resources Information
System (PFARIS) that will function as the principal depository and information
ferver of all fisheries and ocean-related information in the country, including
but not limited to the status of fisheries and marine resources’ and that
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 encurs


that the fisheries and marine resources in Philippine waters are judiciously and
wisely utilized and managed on a sustainable basis;

(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 (CITESWFF), United Nations Convention on the
Law of the Sea (UNCLOS), Convention on Biological Diversity (CBD) 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;

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

(t

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

(u) Fix, assess and collect reasonable fees, tolls, charges, rentals and the like,
through the PFDA, for the use, sale of Properties, equipment, facilities and
Services to support the Department's projects and to adjust the same as
warranted;

(¥) Provide, through the PFDA, infrastructure support such as municipal fishing
Ports and markets, farm-to-market roads, quality laboratories in fich ports,
marketing facilities, local fisheries ship-building and repair facilities, and post-
harvest facilities, in cooperation with concerned agencies:

(w) Establish and implement, through the PFDA, a National Marketing Assistance
fregram, aimed at ensuring the generation of the highest possible incerme ter
panerfolks and fishery-related enterprises, matching supply and demand 1a
both domestic and foreign markets;


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

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

SECTION 6. Structural Organization. — The Department shall be headed bya
Secretary who shall enjoy the same cabinet rank to be assisted by three
Undersecretaries each for Fisheries Production and Utilization, Fisheries
Conservation and Management, and for Operations.

A National Fisheries and Aquatic Resources Management Council, a National
Fisheries Research and Development Institute and an Office of Ocean and Marine
Affairs are likewise created and attached to the Department.

The Department's line services shall include a 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

(@) 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 under the Office
of the Secretary.

SECTION 7. Functions of the Secretary of the Department of Fisheries

and Aquatic Resources. — The Secretary of the Department of Fisheries and
Aquatic Resources, hereinafter referred to as the Secretary, shall be appointed by


the President subject to confirmation of the Commission on Appointments, and shall
exercise the following functions:

(a) Supervise and control the Department and all Bureaus, Offices and Institutes
under it;

(b) Exercise authority and assume 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 issuance 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,

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

SECTION 8. Functions of the Undersecretaries of the Department of
fisheries and Aquatic Resources. — There shall be three (3) undersecretaries of
the Department, namely; the Undersecretary for Fisheries Production and
Utilization; the Undersecretary for Fisheries Conservation and Management; and
the Undersecretary for Operations all of whom shall be appointed by the President
upon the recommendation of the Secretary.

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

(@) Advise the Secretary on the formulation of policies, programs, plans, rules and
Tegulations as well as on the promulgation of Department Orders,
Administrative Orders, and other issuances with respect to his or her ores af
responsibility;

(b) Exercise supervision and control over the bureaus, Offices, services and
operating units under his or 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) Liaison with concerned government departments, agencies, and offices to
Ensure effective coordination in the management of the fisheries and oceans
‘sector; and,


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

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

(©) Coordinate, harmonize and package the policies, plans, programs and projects
Of all the Bureaus, Services, Offices arid 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 or
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 linkages with local government units, local fisherfolk associations and
organizations, non-government organization and peoples’ organization, and
Supervise support. and extension services at all regional, provincial and
municipal levels; and,

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

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

SECTION 10. Organizational Structure of the Department. — The functions
of the Department under this Act shall be carried out by the bureaus, agencies and
services attached to the Department,

The following bureaus, services and offices are hereby created which shall be under
the supervision and control of the Undersecretary for Fisheries Production and
Utilization:

(a) Bureau of Aquaculture and Inland Fisheries (BAIF) — The BAIF shall, among
others, be responsible for regulating aquaculture operations in line with the
International Code of Conduct for Aquaculture; promoting the intensification of
aquaculture operations in existing areas; formulating aquaculture development
programs; establishing and maintaining model aquaculture farms and ponds;
Providing technical assistance to cooperatives and fishpond operators in the


(b)

development of a. viable fishmeal and fish feeds industry; undertaking inland
fishery resources evaluation, and recommending management and
conservation measures.

The Bureau shall be headed by a Director and shall be composed of the
following divisions:

(i) Aquaculture Management and Development Division;

(il) Inland Fisheries Resource Assessment and Conservation Division;

(ili) Inland Fishery Development and Extension Division; and,

(iv) Environmental Impact Assessment and Monitoring Division.

Bureau of Postharvest and Fisheries Product Standards (BPFPS) —The fishery
component of the Bureau of Agriculture and Product Standards created under
Section 61 of Republic Act No. 6435 shall be transferred to the BPFPS which
shall formulate and enforce standards of quality in the processing,
Preservation, packaging, labeling, importation, exportation, distribution, and
advertising of fishery products; conduct research on product standardization,
alignment of the local standards with the international standards; promote and

strengthen semi- processing and handling; and develop value-added fishery
products for domestic consumption and export.

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

(i) Standards Development and Promotion Division;

(ii) Technical Services Division;

(iil) Value-added Products Development and Promotion Division; and,

(iv) _ Fish Processing Technology Division.

Under the Assistant Director for Industry Compliance and Consumer
Protection -

(i) Industry Compliance Division;

(ii) Consumer Affairs Division; and,


(ili) Arbitration and Dispute Resolution Division.

(©) 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, namely; 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, business advisory services, demonstration services, and information
and communication Support services through tri-media It shall have the
following divisions:

(i) Training and Skills Development Division;
(i) Technology Transfer and Demonstration Division;

(ili) Business Advisory and Information Support Division; and Training
Centers

(d) The Bureau of Fishing Technology and Capture Fisheries (BFTCF) — The BFTCF
shall have direct supervision and control over the utilization of marine
resources including commercial, international and small-scale fisheries. It shall
formulate development programs for the expansion of the marine fishery
Industry, explore new fishery resources and development environment friendly
but efficient fishing gears. It shall be headed by a Director and two Assistant
Directors and shall have the following divisions:

(i) Municipal Fisheries Division;
(ii) Commercial Fisheries Division;
(iil) High Seas Fisheries Division; and,

(iv) Fishing Technology Division.

(e) The Fisheries Modernization Credit and Financing Agency (FMCFA) — The
FMCFA shall administer the funds under Sections 108 to 113 of Republic Act
No. 8550 as well as the fisheries-related provisions of Sections 20 to 25 of
Republic Act No. 8435, harmonizing and integrating the two so as to Package
and deliver various credit assistance programs for the following:


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

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

(ill) Acquisition of fry, fingerlings, fertilizers, feeds arid similar items;

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

(v) Construction, acquisition and repair of facilities for production,
Processing, storage, transportation, communication, marketing and
such other facilities in support of fisheries;

(vi) Working capital for fisheries graduates to enable them to engage in
fisheries-related economic activities;

(vii) Activities which support marine and freshwater bodies conservation
arid 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,

(vili) 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, boards and services are hereby
created

(a) Marine Resources Conservation and Management Bureau (MRCMB). — The

(i) Coastal Resources Management Division;


(b)

(ii) Oceanography Division;

(ili) Fisheries Licensing Division;

(iv) Biotechnology, Biosafety and Bioprospecting Division; and,
(v) Fisheries Law Enforcement Division.

The Fisheries Law. Enforcement Division shall operate the National and Zonal
Monitoring Surveillance System. It shall establish fishery air and ocean patrol
as well as conduct law enforcement trainings and recommend to the Secretary
the deputation of government employees and members of fisherfolk
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:

(1) 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 Department of National Defense (DND), the
Philippine National Police-Maritime Commands (PNP-MARICOM), the
Department of Interior and Local Government (DILG), the Department of
Foreign Affairs (DFA) and the Department of Justice (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 shal
have the authority to directly file complaints for violation of fishery laws,
rules and regulations.

he Bureau of Marine Protected Areas and Wildlife (BMPAW) — The BMPAW Is a
line bureau responsible for establishing and maintaining marine protected arces
and wildlife sanctuaries. It shall lead in the conduct of scientific researches a»

Convention on Biological Diversity and other treaties and international
agreements. It shall have the following divisions:


(i) Marine Protected Areas Division;

(ii) Marine Wildlife Rescue Centers;

(ill) Endangered Marine Species Captive Breeding Centers;
(iv) CITES Management Authority;

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

(vi) Biodiversity Division,

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

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

(1) Regional fishery Inspection and Quarantine Offices;
(ii) Cyanide Detection Centers;

(iii) Regional Fish Health Centers; and,

(iv) Standards Enforcement Division.

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

the following divisions:

(i) Fishery Statistics Division;


(il) Socioeconomic Division; and,
(iii) Fishery Information Division.

SECTION 11. Regional Offices and Functions. — The Department shall have
such regional offices as may be necessary in the administrative regions each to be
headed by Regional Director, who shall be assisted by an Assistant Regional
pirector. Each regional office shall have support staffs as may be necessary and
four line divisions which shall have the following duties and responsibilities:

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

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

(©) 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.

SECTION 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 a 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.

SECTION 13. Abolition, Transfer and Merger. — The Bureau of Fisheries and
Aauatic Resources (BFAR) 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. 9550 is transferred to the department and shall serve as its Principal research
arm.


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, 1962,
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 LLDA shall be laid off in the implementation of this
Section.

The Philippine Council for Aquatic and Marine Research and Development is
abolished and all its personnel, records, appropriations, property and equipment are
transferred to the National Fisheries Research and Development Institute of the
Department of Fisheries and Aquatic Resources.

The Marine Research and Conservation Division and the different sections
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 Aquatic
Resources.

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

(a) The transfer of a government unit or agency shall include the functions,
appropriations, funds, records, equipment, facilities, chooses in action, rights,
other assets and liabilities, if any, of the transferred unit or agency as well as


the personnel thereof, as may be necessary, who shall, pending reappointment,
continue to perform their respective duties and responsibilities and receive the
Corresponding salaries and benefits in a hold-over capacity.

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

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

SECTION 16. Appropriations. — For the effective implementation of this Act,
the amount of Five Billion Pesos (P5,000,000,000.00) 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 Maing
Research Development. The amount necessary for the construction of a national
office of the Department of Fisheries and Aquatic Resources 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 from the Proper 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,
and airplanes, helicopters of the Monitoring and Surveillance Center shall be taken:
Provided, however, That the fishpond rentals shall accrue to the National Fisheries
Research and Development Institute as provided under Section 46 (c) of Republic
Act No. 8550. The use of such funds shall be subject to COA rules and regulations.

SECTION 17. Separabililty Clause. — If any provision of this Act is declared
unconstitutional and inoperative, the other provisions not so declared shall remain
in force and effect.


SECTION 18. Repealing Clause. — All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or amended accordingly.

SECTION 19. Effectivity Clause. — This Act shall take effect fifteen (15) days
after publication in the Official Gazette or in at least two (2) national newspapers
of general circulation.

Approved.