Republic of the Philippines
House of Representatives
Quezon City

First Regular Session
FIFTEENTH CONGRESS

House Bill No. S322

Introduced by Representative DEOGRACIAS B. RAMOS, Jr.

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

EXPLANATORY NOTE:

This bill seeks to consolidate efforts in fisheries development by creating a
principal government agency that will be responsible for protecting and
developing the country’s fishery and aquatic resources.

There is no consistent and unified approach in addressing the needs of the
fisheries sector under the current structure. Limited institutional capabilities,
weak institutional partnerships and inadequate fisheries policies are hurting the
country’s fishery resources.

This has resulted in depletion of existing resources; degradation of fishery
habitats; a failure to take advantage of the country’s commercial and
aquaculture fishing grounds and intensified competition leading to resource use
conflicts.

Studies show overfishing and declining catch per unit despite the Philippines’
vast water resources. The quality of catch has also deteriorated. Major fishing
grounds such as Lingayen Gulf reached its maximum sustainable yield over two
decades ago. There has also been a shift in catch composition in areas like
Central Visayas as early as the 1980s.

Therefore, it is important to come up with a comprehensive and focused
approach to fishery management, development and conservation policies. The
creation of a Department of Aquaculture and Fisheries Resources will bring about
a rational management of the industry.

The immediate approval of this bill is earnestly sought.

IAS B. RAMOS JR.
Second District, Sorsogon


3322

AN ACT CREATING A DEPARTMENT OF AQUACULTURE AND FISHERIES.
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
Aquaculture and Fisheries Resources Act of 2010.”

SECTION 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.

SECTION 3. Declaration of Policies. - It is hereby declared the policy of the
State to protect and promote the sustainable development and management of
all fisheries and marine resources in Philippine waters, including the country’s
exclusive economic zone (EEZ) and in the adjacent high seas, consistent with
the primordial objective of maintaining a sound ecological balance, protecting
the environment.

It Is the policy of the State to also protect and conserve the country’s marine
wealth in its archipelagic waters, territorial sea and exclusive economic zone and
reserve their 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.

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
that affect these habitats. Municipal waters will remain under the jurisdiction of
local government units.

The said LGUs shall manage their respective municipal waters in accordance with
national fishery policies, laws, rules and regulations in a manner consistent with
the policies set forth therein.

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 on fisheries and
their habitat;

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;

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

Formulate and implement consistent with the development framework of
the National Economic Development Authority a fishery industry
development program and set policies and standards for the efficient and
economic operation of the fishing industry in accordance with the
objectives of food security and rational and sustainable development;

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;

. Issue fish worker licenses and identification cards free of charge to fish

workers engaged in commercial fishing

. Implement the provisions of Republic Act No. 8550 and the relevant

provisions of Republic Act No. 8435 and enforce all fishery laws, rules and
regulations through its fishery officers and guardians who shall be vested
with full police powers including arrest, search and seizure through
deputized government officials and employees, punong barangays and
officers and members of fisherfolk associations who have undergone
training on law enforcement;

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

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 LGUs;


. Establish and maintain a Philippine Fisheries and Aquatic Resources
Information System (PFARIS) that will function as the principal depository
and information server of all fisheries and ocean-related information in the
country, including but not limited to the status of fisheries and marine
resources and their habitat, all matters pertaining to fisheries production,
processing, marketing and research results and technology advances;

Develop and implement a Monitoring Control and Surveillance System
(MCSS) for Philippine fisheries and oceans at the national and regional
levels to ensure that the fisheries and marine resources in Philippine
waters are judiciously and wisely utilized and managed on a sustainable
basis;

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

. 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 Conventions
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 specie:

. 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;

. 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 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;

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

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, and post-harvest facilities, in cooperation with
concerned agencies;

v. 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;

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

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

Section 6. Structural Organization. - The Department shall be headed by a
Secretary who shall enjoy the same cabinet rank to be assisted by three
Undersecretaries each for Fisheries Production, Operation and Utilization,
Fisheries Conservation and Management, and for Planning and Policy.

A National Fisheries and Aquatic Resources Management Council, a National
Fisheries Research and Development Institute and an Office of Ocean and Marine
Affairs will likewise be 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
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 recognize
initiatives that will negatively impact on fisheries or their habitat. It shall
coordinate the implementation of fisheries and ocean sector policies, plans and
laws for all maritime components. It shall be headed by a Director and shall
have the following discussions:

a. Oceans Use Assessment and Clearance Division
b. National and International Oceans Law and Policy Division
c. Special Projects Division
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

f. 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,
Operation and Utilization; the Undersecretary for Fisheries Conservation and
Management; and the Undersecretary for Planning and Policy all of whom shall
be appointed by the President upon the recommendation of the Secretary.

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

a. Exercise supervision and control over the bureaus, offices, services and
operating units under his/her responsibility;

b. Coordinate the functions and activities of the units under his/her
responsibility with those of the other units in the Department;

c. Liaison with concerned government departments, agencies, and offices to
ensure effective coordination in the management of the fisheries and
oceans sector; and

d. Perform such other functions as may be provided by law or assigned by
the Secretary

The Undersecretary for Planning and Policy shall have the following functions:

a. Advise the Secretary on the formulation of policies programs, plans, rules
and regulations as well as on the promulgation of Department Order,


Administrative Orders, and other issuance with respect to his/her area of
responsibility;

b. Coordinate, harmonize and package the policies, plans, programs and
projects of all the Bureaus, Services, Offices and Units of the Department,
for the proper implementation by the regional offices;

c. Exercise supervision and contro! over the Fisheries Inspection and
Quarantine Service and the Bureau of Fishery Economics and Statistics;

d. Establish linkage 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;

e. Exercise supervision and control over the regional offices;

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 a degree holder in fisheries, public administration, management,
economics, law or other equivalent relevant disciplines, has actual experience in
administration and management of 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 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 is a line
bureau tasked with 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 development of a viable
fishmeal and fishfeeds 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;
Inland Fisheries Resource Assessment and Conservation Division;
Inland Fishery Development and Extension Division; and

iv. Environmental Impact Assessment and Monitoring Division.



b. 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

ili, 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
li. Consumer Affairs Division
ili. Arbitration and Dispute Resolution Division.

c. Bureau of Fisheries Extension, Training and Support Services (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 fears 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

Technology Transfer and Demonstration Division

Business Advisory and Information Support Division; and

iv. 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 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 develop environment


Under

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

iii. High Seas Fisheries Division; and
iv. Fishing Technology Division.

- 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 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:

i. Fisheries production including processing of fisheries products and

inputs;

il, Acquisition or construction of fishery equipment, machinery, fishing

vessels and fishing gears;

Acquisition of fry, fingerlings, fertilizers, feeds and similar items;

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;

vil. Activities which support marine and freshwater bodies conservation
and ecology-enhancing activities such as but not limited to mangrove
reforestation, promotion of whaleshark and manta ray and other
endangered marine species watching and eco-tourism; and

viii. 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.

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 MRCMB is a line bureau tasked with the formulation and
implementation of a Comprehensive Fisheries Management Plan. It
shall undertake marine fishery resources assessment and biological
and environmental investigations and formulate conservation
measures. In coordination with the National Fisheries Research and
Development Institute, it shall determine and establish the carrying
capacity and total allowable catch (TAC) for a particular resource. It
shall set the allowable fishing effort based on the carrying capacity of
the resource and TAC and accordingly issue commercial fishing licenses
and permits. It shall be headed by a Director and two Assistant
Directors and shall have the following divisions:


i. Coastal Resources Management Division;

|. Oceanography Division;

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 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:

i, The National and Fisheries Zone Monitoring and Surveillance Center
which shall have a National Coordinating Center and several Fisheries
Zones Monitoring and Surveillance Centers. It is further subdivided
into the Vessel Tracking and Remote Sensing Office, and the
Database and Information Center;

ii, The Fisheries Air Patrol and Oceans Patrol, and the Regulatory Staff
composed of Fishery Officers, Deputized Fisheries Guardians and to
corps of specialists from the DND, PNP-MARICOM, DILG, DFA and
DO}. The Fishery Officers shall have full police powers relative to the
enforcement of fishery laws, rules and regulations including arrest,
search and seizure, and shall the authority to directly file complaints
for violation of fishery laws, rules and regulations.

b, The Bureau of Marine Protected Areas and Wildlife (BMPAW) - The BMPAW
is a line bureau responsible for establishing and maintaining marine
protected areas and wildlife sanctuaries. It shall lead in the conduct of
scientific researches on the proper strategies for the conservation and
protection of marine wildlife and their habitat including breeding or
propagation. It shall also establish Marine Wildlife Rescue Centers to take
custody of all confiscated, stranded or abandoned marine wildlife. It shall
have the authority to issue Committee on International Trade on
Endangered Species (CITES) Permits and shall be both the CITES
Management and Scientific Authorities of the Philippines. It shall be the
lead agency in the fulfillment of the country’s obligations under CITES, the
Convention on Biological Diversity and other treaties and international
agreements. It shall have the following divisions:

Marine Protected Areas Division

. Marine Wildlife Rescue Centers;

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 Fisheries, Production, Operation and Utilization 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 have the line functions and shall be responsible for all the
inspection and quarantine of all fishery related activities including the
conduct of quarantine of all fishery related activities including the conduct
of quarantine of all fishery related activities including the conduct of
quarantine and quality inspection of all fish and fishery/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 quarantine of aquatic animals and
fishery products determined or suspected to be with fishery pest and
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 Party. It shall the following units:

i, Regional Fishery Inspection and Quarantine Offices;
il, Cyanide Detection Centers;

ili. Regional Fish Health Centers; and

iv. Standards Enforcement Division

b. The Bureau of Fishery Economics and Statistics (SPES) - 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 a network of fishery information, documentation
and dissemination. It shall have the following divisions:

Fishery Statistics Division
Socioeconomic Division; and
iii. Fishery Information Division

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

a. Provide efficient and effective front-line service to the fishery and aquatic
industry sector, particularly to the municipal fishermen;

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

c. Coordinate with the Regional Office of the other departments, offices and
agencies in the region; and


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

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
Aquatic 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 Marine Resources.

The Marine Research and Conservation Division and the different Sections
thereunder and the Coastal Environment Program including its relevant
appropriations, personnel, records, property and equipment, all marine and
coastal related projects and programs of the Department of Environment and
Natural Resources, and all fisheries related functions of the DENR under
Executive Orders 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: 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 Marine Resources.

The Marine Research and Conservation Division and the different sections
thereunder and the Coastal Environment Program including its relevant
appropriations, personnel, records, property and equipment, all marine and
coastal related projects and programs of the Department of Environment and
Natural Resources, and all Fisheries related functions of the DENR under
Executive Orders No. 192 and 292, except the functions of the enforcement of
water pollution laws, rules and regulations, are hereby transferred to the
Department of Fisheries and Aquatic Resources.

The fisheries-related sections of the Bureau of Agricultural Research, the Bureau
of Agricultural Statistics and the Agricultural Training Institute of the Department
of Agriculture are hereby abolished and all its personnel, records, appropriations,
property and equipment are transferred to the Department of Fisheries and
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 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 abilities, 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 holdover 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 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
Marine Research Development. The amount necessary for the construction of a
national office of the Department of Fisheries and Aquatic Resources equivalent
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 © of Republic Act No. 8550. The use of such funds shall be project to
COA rules and regulations.

SECTION 17. Separability 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 Act or the rules and regulations
promulgated pursuant thereto are hereby repealed or amended accordingly.

SECTION 19. Effectivity Clause. - This act shall take effect fifteen (15) days
after publication in two (2) national newspapers of general circulation.

Approved,