Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18%) CONGRESS
First Regular Session

House BILL No. £226

Introduced by MAGSASAKA Party-List Representative
Argel Joseph T. Cabatbat

EXPLANATORY NOTE

This bill was first filed by Representatives Walden F. Bello and Ibarra M. Gutierrez III of AKBAYAN
Partylist in the 16 Congress.

Fish is considered as the second staple food of Filipinos next to rice. This puts fisheries as
the second most important subsector of the agriculture industry. It is rather unfortunate then
that the management of our natural resources in relation to this remains largely, albeit
inadvertently, neglected due to the funding and regulatory scope restrictions of the Bureau of
Fisheries and Aquatic Resources (BFAR), the attached agency of the Department of Agriculture
tasked to oversee the management of fisheries in the country.

The Philippines’ biodiverse ecosystems continue to present vast potentials to millions of
Filipinos whose livelihood is dependent on fisheries and thousands more employed through
various ancillary industries. Additionally, export earnings derived by the sector contribute
significantly to the national economy. However, the continued implementation of ineffective
institutional systems to manage these natural and human resources have negatively impacted
the sector and our economy.


The of the Comprehensive National Fisheries Industry Development Plan (2006-
2025), a 20-year ‘aimed at developing a more sustainable industry, is yet to be realized
while the multiple key issues and problematic areas it has identified still weigh the industry down.
The approaching conclusion of the CNFIDP without significant advances in the fisheries sector
provides a clear glimpse of the current policy gaps and weaknesses in their implementation.
However, the real and imminent danger of our natural resources reaching its limits places our
food production and security as well as social stability further at risk.

Hence, ths bill seeks to regulate, capacitate, and strengthen the state's mandate to enable
the efficient, holistic, and sustainable use of our ocean, fisheries, and aquatic resources.

In view of the foregoing reasons, the approval of this bill is earnestly sought.

T. CABATBAT
Representative
MAGSASAKA Party-List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH (18) CONGRESS
First Regular Session

House Bill No. pene

"Introduced by MAGSASAKA Partylist Representative
Argel Joseph T. Cabatbat

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

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

1 | CHAPTER I

2 GENERAL PROVISIONS

3

4 SECTION 1. Short Title. This Act shall be known as the “Department of
5 Ocean, Fisheries and Aquatic Resources Act of 2020.”

6

7

8 SECTION 2. Declaration of Policies. It is hereby declared the policy of
9 the State: |

1 a. to promote the sustainable development and management of all
12 fisheries and marine resources in Philippine waters including the exclusive

1|Page


‘economic zone (EEZ) and in the adjacent high seas consistent with the objective
of maintaining a sound ecological balance, protecting and enhancing the quality
of the environment;

b. to protect and conserve the nation’s marine wealth in its archipelagic
waters, territorial sea and exclusive economic zone and reserve its use and
‘enjoyment exclusively to Filipino citizens;

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

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

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

SECTION 3. Department of Ocean, Fisheries and Aquatic
Resources, — To carry out the above-declared policy, there is hereby created
the Department of Ocean, Fisheries and Aquatic Resources, hereinafter referred
to as the Department, which shall operate in accordance with the provisions of
this Act.

SECTION 4. Mandate. The Department shall exercise 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, except for municipal waters, which shall remain under
the jurisdiction of local government units. The latter shall manage their municipal
waters in accordance with existing national fishery policies, laws, rules and
regulations.

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 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 reside with the parent agency for the
appropriate sector involved.

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SECTION 5. Powers and Functions. - To accomplish its mandate, the
Department shall have the following powers, functions and responsibilities:

(a) Authority and responsibility over ocean use 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, clarify
and amplify the aforementioned departmental mandate in accordance
with the published fisheries and oceans management and protection plans
within its territorial jurisdiction;

(@) Prepare and implement a comprehensive Fisheries Management and
Protection 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 development framework of
the National Economic and Development Authority (NEDA), a fishery
industry development program and set policies and standards for the
efficient and economic operations of the fishing industry in accordance
with the objectives of food security and sustainable development;

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

(g) 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 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 and through
deputized government officials and employees, punong barangays and

3|Page


officers and members of fisher folk associations who have undergone
training on law enforcement;

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

(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 and operated by local government units;

()) 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;

(m) 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;

(n) Actively engage in the conservation, protection and rehabilitation of rare,
threatened and endangered marine and fresh-water 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, United Nations Convention
‘on the Law of the Sea, Convention on Biological Diversity, and formulate
rules and regulations for the conservation and management of straddling
fish stocks and highly migratory species;

(p) Designate marine areas as protected areas for the special purposes stated
in the notice of declaration;

(q) Formulate and enforce the Code of Practice for Aquaculture and Code of
Conduct for Responsible Fisheries;

(P) Promote international economic and technical cooperation in the fisheries
and oceans sectors and in integrated oceans management, especially

4|Page


COVBAAYON=

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 and
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;

(v) Provide, through the PFDA, infrastructure support such as municipal
fishing ports and markets, farm-to-market roads, quality laboratories in
fish ports, marketing facilities, local fisheries shipbuilding and repair
facilities, and post-harvest facilities, in cooperation with concerned
agencies;

(w)Establish and implement, through the PFDA, a National Marketing
Assistance Program, aimed at ensuring the generation of the highest’
possible income for fisher folk and fishery-related enterprises, matching
supply and demand in both domestic and foreign markets;

(x) Establish and create fisherfolk settlement areas in coordination with
concerned agencies, where certain areas of the public domain, specifically
near the fishing grounds, shall be reserved for the settlement of the
municipal fisherfolk;

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

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

(CHAPTER II
THE DEPARTMENT PROPER

SECTION 6. Composition. - The Department Proper shall be composed
of the Offices of the Secretary, the Undersecretaries, the Assistant Secretaries,

5|Page


bureaus, divisions and services of the Department.
SECTION 7. - The Secretary of Fisheries and Aquatic Resources.
The Secretary of Fisheries and Aquatic Resources, hereinafter referred to as the
Secretary, shall be appointed by the President with the consent of the
Commission on Appointments, and shall have the following functions:

(a) Exercise supervision and control of the Department and the Bureaus,
Offices and Institutes under it;

(b) Authority and responsibility for the performance of the powers and
functions of theDepartment;

(c) Advise the President on the promulgation of policies, rules and
regulations, and other issuances 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 issuances in carrying out the
Department's mandates, objectives, policies, plans, programs and projects; and

oe AO Der svete fete te-tney be pronided by lay of esokated
1e President.

SECTION 8. Functions of the Undersecretaries of the Department
of Fisheries and Aquatic Resources. - There shall be three (3)
Undersecretaries, namely: the Undersecretary for Fisheries Production and
Utilization; the Undersecretary for Fisheries Conservation and Management; and
the Undersecretary for Operations; who 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:

(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 issuances with respect to his/her area of

responsibility;
(b) Exercise supervision and control over the bureaus, offices, services
and operating units under his/her responsibility;

6|Page


(©) Coordinate the functions and activities of the units under his/her
responsibility with those of other units in the Department;

(qd) Liaise 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;

(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;

() 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/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 linkage with local government units, local fisher folk
associations and organizations, non-government organization and peoples’
organization and supervise support and extension services at the regional,
provincial and municipal levels; and

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

SECTION 9. Assistant Secretaries. - There shall be three (3) assistant
secretaries, namely, Assistant Secretary for Fisheries Production and Utilization;
Assistant Secretary for Fisheries Conservation and Management; and the
Assistant Secretary for Operations. The Assistant Secretaries shall be
appointed by the President upon the recommendation of the Secretary.

SECTION 10. Regional Offices. - 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, and each regional office shall have support personnel
as may be necessary and four line divisions which shall have the following duties

7|Page


and responsibilities:
(1) Provide efficient and effective front-line service to the fishery and
aquatic industry sector, particularly to the municipal fishermen;

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

(3) Coordinate with the Regional Office of other departments, offices and
agencies in the region; and

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

SECTION 11. Qualifications. - No person shall be appointed as
Secretary, Undersecretary or Assistant Secretary of the Department unless he or
she is a citizen or resident of the Philippines, of good moral character, at least a
degree holder in fisheries, public administration, management, economics, law or
any other equivalent relevant discipline, has actual experience in public
administration and management for at least ten (10) years.

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 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 years of experience either in the public or private
sector, in marine fisheries research and development, or in the fisheries industry.

SECTION 12. Bureaus, Offices and Divisions. — Subject to the power
of the Secretary, with the approval of the President, to reorganize, restructure,
and redefine the functions of the bureaus, in order for them to effectively carry
out their mandate under this Act, the Department shall have the following
bureaus and services:

Under the supervision and control of the Undersecretary for Fisheries Production
and Utilization, the following bureaus, services and offices are hereby created:

(1) Bureau of Aquaculture und Inland Fisheries (BAIF) - The BAIF shall,
among others, be responsible for:

1.1. regulating aquaculture operations in line with the International
Code of Conduct for Aquaculture, promoting the intensification of
aquaculture operations in existing areas;

8|Page


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1.2. formulating aquaculture development programs; establishing and
maintaining mode! aquaculture farms and ponds;

1.3. providing technical assistance to cooperatives and _fishpond
operators in the development of a viable fishmeal and fish feeds
industry, undertaking inland fishery resources evaluation;

1.4. and recommending management and conservation measures.

‘The Bureau shall be headed by a Director and assisted by one Assistant Director.
The bureau shall be composed of the following divisions: Aquaculture
Management and Development Division; Inland Fisheries Resource Assessment
and Conservation Division; Inland Fishery Development and Extension Division;
and the Environmental Impact Assessment and Monitoring Division.

(2) Bureau of Post-harvest and Fisheries Product Standards (BPFPS) — The
fishery component of the Bureau of Agriculture and Product Standards created
under Section 61 of RA 8435 shall be transferred to the BPFPS which shall:

2.1. formulate and enforce standards of quality in the processing,
preservation, packaging, labeling, importation, exportation,
distribution, and advertising of fishery products;

2.2. conduct research on product standardization, alignment of the local
standards with the international standards;

2.3. promote and strengthen semi-processing and handling;

The BPFPS 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 are
the:

1. Technical Services Division;

2. Fish Processing Technology Division;

3. Standards Development and Promotion Division; and

4. the Value-added Products Development and Promotion Division.

Under the Assistant Director for Industry Compliance and Consumer Protection
are the:

1. Industry Compliance Division;
2. Consumer Affairs Division; and
3. the Arbitration and Dispute Resolution Division.

9|Page


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r

(3) Bureau of Fisheries Extension, Training, and Support Service (BFETSS) —
‘The BFETSS shall:

3.1. 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;

3.2. formulate a National Extension System for Fisheries, which shall be
composed of three (3) subsystems: the national government
subsystem, the local government subsystem and the private sector
‘subsystem;

3.3. 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. I

Tt shall have the following divisions:

1. Training and Skills Development Division;

2. Technology Transfer and Demonstration Division;

3. Business Advisory and Information Support Division; and
4. Training Centers.

(4) 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 of environment friendly
but efficient fishing gears.

It shall be headed by a Director and two Assistant Directors and shall have the
following divisions: Municipal Fisheries Division; Commercial Fisheries Division;
Fishing Technology Division and the High Seas Fisheries Division.

(5) The Fisheries Modernization Credit and Financing Agency (FMCFA) — The
FMCFA shall administer the funds under Sections 108 to 113 of RA 8550 as well
as the fisheries related provisions of Sections 20 to 25 of RA 8435, harmonizing
and integrating the two so as to package and deliver various credit assistance
programs for the following:

5.1. Fisheries production including processing of fisheries products and
inputs;

5.2. Acquisition or construction of fishery equipment, machinery, fishing
vessels and fishing gears;

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5.3. Acquisition of fry, fingerlings, fertilizers, feeds and similar items;
5.4. Procurement of fisheries products for storage, trading, processing and
distribution;

5.5. Construction, acquisition and repair of facilities for production,
Processing, storage, transportation, commt ition, marketing and such other
facilities in support of fisheries; economic activities;

5.6. Working capital for fisheries graduates to enable them to engage in
fisheries-related 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 ecotourism;

5.7. 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 peer the following bureaus, units, board and services
are hereby created

(1) | Marine Resources Conservation and Management Bureau — The Marine
Resources Conservation and Management Bureau 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 and location. 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:

(1) Coastal Resources Management Division;

(2) Oceanography Division;

(3) Fisheries Licensing Division;

(4) Biotechnology, Bio-safety and Bio-prospecting Division; and the
(3) Fisheries Law Enforcement Division.

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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 fisher folk 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:

(a) 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;

(b) 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 DND, PNP-MARICOM, DILG,
DFA and 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 shall have the authority to
directly file complaints for violation of fishery laws, rules and
regulations.

(2) 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. Related functions and activities currently undertaken the Protected
Areas and Wildlife Bureau (PAWB) of the Department of Environment and
Natural Resources are now transferred to the BMPAW. Likewise, all established
marine protected areas currently supervised by the PAWB shall now be
transferred to the BMPAW for supervision and management.

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The Bureau shall have the following divisions:

(1) Marine Protected Areas Division;

(2) Marine Wildlife Rescue Centers;

(3) CITES Management Authority;

(4) Endangered Marine Species Captive Breeding Centers;

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

(©) Biodiversity Division

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

(1) The Fisheries Inspection and Quarantine Inspection Service (FIQIS) — The
FIQIS shall have line functions and shall be responsible for the inspection and
quarantine of all fishery related activities including the conduct of quarantine and
quality inspection of alll fish and fishery/aquatic products corning 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 and
diseases and prevent the movement or trade from and or into the country of
these products so prohibited or regulated under existing laws, rules or
regulations and international agreements of which the Philippine is a State Party.

It shall have the following units:

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

(3) Product Standards Enforcement Division;

(4) Regional Fish Health Centers.

(2) 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 a
network of fishery information, documentation and dissemination.

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It shall have the following divisions:

(1) Fishery Statistics Division;
(2) Socioeconomic Division; and the
(3) Fishery Information Division.

There shall be an 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
rationalize 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 divisions:

(a) Oceans Use Assessment and Clearance Division;

(b) National and International Oceans Law and Policy Division;
(c) Special Projects Division; and

(d) Technical Division.

The Philippine Fisheries Development Authority (PFDA) created by Presidential
Decree No. 977 as amended, shall be an attached agency of the Department of
Fisheries and Aquatic Resources under the Office of the Secretary.

CHAPTER IV
TRANSITORY PROVISIONS

SECTION 13. 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,
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.8550 is 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 of Fisheries and Aquatic Resources as an attached agency under the

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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, 1982,
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,
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 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,

15|Page


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 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, fisherfolk organizations, non-government organizations and the
academe.

SECTION 17. Appropriations. For the effective implementation of this
Act, the amount of Php 5 billion pesos is hereby appropriated from the
unappropriated funds of the National Treasury and the current budgetary
appropriations of the Bureau of Fisheries and Aquatic Resources, including its
regional offices, the appropriations of the Philippine Fishing Development
Authority, and the budgetary provision of the Philippine Council for Aquatic and
Marine Research Development. The amount necessary for the construction of a
national office of the Department of Fisheries and Aquatic Resources equivalent
to P500,000,000.00 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 and the proprietary services delivered by
the Department, and the administrative fines imposed by the National Fisheries
Regulatory and Adjudication Bond 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.

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Sowmromawons

SECTION 18. Separability Clause. If any provision of this Act is
declared Unconstitutional, or inoperative, the other provisions not so declared
shall remain in force and effect.

SECTION 19. Repealing Clause. All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act or the rules and regulations
promulgated pursuant thereto are hereby repealed or amended accordingly.

SECTION 20. Effectivity. This Act shall take effect fifteen (15) days
after publication in two (2) national newspapers of general circulation.

Approved,

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