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

Sixteenth Congress

First Regular Session

House BillNo,__ 1830

Introduced by Representative Pedro B. Acharon, Jr.

EXPLANATORY NOTE

In accordance with the Fisheries Code of 1998, the State shall ensure to attain the conservation,
protection and sustained management of the country’s fisheries and aquatic resources.

‘As an archipelagic country, the Philippines is blessed with enormous amounts of water containing
vast amounts of marine resources. It has thus become a target for poachers from other countries who
contribute to the depletion of these resources. There is therefore a need to create stricter Jaws and penalties
for those who engage in illegal fishing activities in the country.

‘The foregoing noble objectives however are hampered by financial constraints as income from the
execution of the penal provisions of the Fisheries Code do not accrue to the Bureau of Fisheries and
‘Aquatic Resources (BFAR). Instead these fees, charges, assessments and other receipts collected by the
Bureau in the exercise of their functions are remitted to the National Treasury and accrue to the General
Fund pursuant to EO 292 and PD No. 1445. Once remitted, said funds may no longer be reallocated for law
enforcement purposes.

‘This bill therefore seeks to create a Fisheries Law Enforcement Support Fund in order to increase
the budgetary allocations of BFAR’s law enforcement activities as all revenues that can be derived from the
apprehensions in violation of the Fisheries Code shall be part of the fund.

In addition, this bill aims to establish Special Courts that shall ensure the speedy resolutions of
ceases pertaining to poaching in Philippine waters and the violation of Fisheries laws and regulations.

Hence, the approval of this bill is urgently requested,

PEDRG B. ACHARON, JR.


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 1830

Introduced by Representative Pedro B. Acharon, Jr.

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 of 2013”

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

with the provisions of this Act.

. 3. Declaration of Policies. - It is hereby declared the policy of the State to adopt

the precautionary principle and to protect and conserve the nation’s marine wealth in its
archipelagic waters, territorial sea and exclusive economic zone (EEZ) and reserve their
use and enjoyment exclusively to the Filipino citizens, ‘The State shall promote the
sustainable development and management of all fisheries and aquatic resources in
Philippine waters including the EEZ and in the adjacent high seas, consist with the
primordial objective of maintaining a sound ecological balance, protecting and enhancing

the quality of the environment, and ensuring food security for our people.

It is the policy of the State to protect the rights of municipal fisherfolk in the
preferential use of communal marine, fisheries and aquatic resources. It shall also be the

policy of the State to encourage private initiatives in aquaculture and fisheries business

ventures both in the production, trade, and marketing of export rish and fisheries products


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and by-products. Towards this end, the State shall provide the fisherfolk aquaculturists,
and other investors with the appropriate technical, financial, marketing and other support

services

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;


d)

8)

h)

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;

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,

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;

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 fishworker licenses and identification cards free of charge to fishworkers

engaged in commercial fishing;

Implement the provisions of Republic Act No. 8550 and the relevant provisions of
Republic Act Nos. 8435 and 8425 and enforce all fisheries laws, rules and regulations

through its fisheries officers and law enforcement agents who shall be vested with full


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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 and
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 status of fisheries and aquatic resources and their habitat, all matters pertaining
to fisheries production, processing, marketing and research results and technology

advances;

0) 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;

p) Actively engage in the conservation, protection and rehabilitation of rare, threatened

and endangered aquatic species as it may determine, including their habitats;

q) Assist the LGUs in developing their technical capabilities in the development,

management, regulation, conservation, and protection of the fisheries resources;


1) 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 speci

8) Designate aquatic 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;

¥) 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, build, maintain, operate, purchase, lease or dispose equipment and facilities
such as shipyards, fishing vessels, fishing gears, and refrigerated trucks, ice plants and
cold storages, laboratories, communication, and aquaculture facilities in support to the
fishing industries:

x) Determine, assess and collect reasonable fees, tolls, charges, rentals and the like 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 infrastructure support such as municipal fishing ports and markets, farm-to-
market roads, testing laboratories in fish ports, marketing facilities, local fisheries
ship-building and repair facilities, and post-harvest facilities, in cooperation with

concerned agencies;


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2) Establish and implement a National Marketing Assistance Program, aimed at ensuring
the generation of the highest possible income for fisherfolk and fisheries-related

enterprises, by matching supply and demand in both domestic and foreign markets;
aa) Administer an ffective 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 its
Bureaus, 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.

isheries

7. Functions of the Secretary. - The Secretary of the Department of

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;

d) Establish management policies and standards for the efficient and effective operation

of the Department in accordance with the programs of the government;


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¢) 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,
SEC. 8. Functions of the Undersecretaries and the Assistant Secretaries. - The
Secretary shall be assisted by three (3) Undersecretari
Operations; the Undersecretary for Policy and Planning; and the Undersecretary for

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 Concems; the Assistant Secretary for Support Services; and the Assistant

Secretary for External Relations.
a) Offices of the Undersecretaries. The Underseeretaries 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 S«
the Assistant Secretaries shall have the following general functions:

cretaries, With respect to the specific area of responsibility,



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1) Provide periodic reports and advice to the Undersecretary on the programs and
offices under their defined areas of respor

ibility and recommend measures

towards greater effectiveness and efficiency;

2) Exercise supervision and control over the programs, budget, officers and personnel
of the offic

services, operating units under their defined areas of responsi

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 Jaw 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 in

accordance with Civil Service laws, rules and regulations.

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 (BPEPS), 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 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 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


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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

io-economics

and fisheries industries. It shall conduct research and studies on the s
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 the

Aquaculture and Fisheries Statistics Division; the Socioeconomic Division; and the

Aquaculture and Fisheries information Division.

d) 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, harmor

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

ingerlings, fertilizers, feeds and similar items;

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5) Construction, acquisition and repair of facilities for production, processing,
ies in

storage, transportation, communication, marketing and such other faci

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) nto operational plans and programs. It shall exereise 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
Center) 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).

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


»)

)

d

7)

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
herfolk, and Women in

the national fisherfolk operation centers, the Young F

Fisheric

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 Intemational Code of Conduct for Responsible Aquaculture,
promoting the appropriate aquaculture operations in existing areas; formulating
aquaculture development programs; establishing and maintaining model aquaculture
farms and ponds; promoting and developing, with private sector participation,
mariculture parks and/or 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 (BFTCE). ~ 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
BFE

shall coordinate all development activities with respect to aquaculture,

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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 Tra

ing 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 Intemational 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 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

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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 (FIQFHS). - 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 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;

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2) the provision of fish health services to the fish and fishery industries, including
aquatic plants;
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). - he 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 rocessing,
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) from system
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 ion; the Technical Services

Division; the Products Development and Promotion Di mn; 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.

The Office of Ocean and Marine Affairs. - The Office of Ocean and Marine Affairs

shall have authority and responsibility over ocean use. It shall be the Department's

1s


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 concerned 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
n; National and International Oceans Law and

Use Assessment and Clearance Di

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 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 External

Relations.

@) 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.

b) 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

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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.

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-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;

c) Coordinate with other departments, offices and agencit

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.

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‘These technology centers shall perform the following functions:

a) Conduct applied research / studies and other development and management work on

marine, freshwater, brackishwater, and inland fisheries technologies;

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

technology transfer;

c) Establish show windows of projects with proven technologies for transfer and

dissemination;

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

Regional Fisheries Training Centers and concerned local government units.

e) Serve as the conduit/network 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.

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) shalll 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

BPAR shall be laid off in the implementation of this Section.


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‘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.
977 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 shalll 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 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.

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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 thi

jection.

‘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 in a 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,

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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.

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 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 (P10,000,000,000.00) 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

isheries and Aquatic Resources equivalent to FIVE HUNDRED MILLION PESOS

(P500,000,000.00) 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

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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,