3.0-JUL 2013
Republic of the Philippines i Boh) PH.
HOUSE OF REPRESENTATIVES, z
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2045

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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

EXPLANATORY NOTE

As a concrete step towards the sustainable exploration, exploitation and use of our
country’s extensive marine and aquatic resources, the bill seeks to create a Department of
Fisheries and Aquatic Resources (DFAR), which shall become the principal government
agency responsible for securing our country’s fishery and aquatic resources.

Although there are agencies attached to the Department of Agriculture that are
currently performing functions related to marine resources, a centralized agency specifically
created for such purpose can better discharge this duty. Towards this end, the DFAR shall
have the power to administer, develop, conserve and utilize all fisheries and aquatic
resources shall have the jurisdiction to take control over the production, capture,
dispensation and promotion of fisheries and marine products in the country.

The creation of the DFAR will be a significant move to ensure the protection of
Philippine waters and marine resources and more importantly, the rights of local fish
workers.

Due to the foregoing reasons, the immediate approval of this bill is earnestly sought.

DIOSDADO Al AL ARROYO GLORIA He orcas ARROYO.
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

2045

House Bill No,

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

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."

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

It is also declared to be the policy of the State to protect and conserve the
nation's marine wealth in its archipelagic waters, territorial sea and EEZ and reserve its
use and enjoyment exclusively to Filipino citizens. Towards this end, the State shall
ensure the protection of the rights of small-scale fishermen in the preferential use of
communal marine, fisheries and aquatic resources. For this purpose, the State through
its agencies shall provide fish workers with the appropriate technical and financial
support so they may sustainably cultivate marine resources.


SECTION 3. Creation. — The Department of Fisheries and Aquatic Resources,
hereinafter referred to as the “Department” is hereby created structurally and
functionally in accordance with the provisions of this Act.

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

The Department shall have the authority to supervise and regulate the production
and capture of fish and fishery products within its jurisdiction, as well as the processing
and marketing of all fisheries and aquatic products in the country.

The Department shall also have the responsibility of rationalizing all ocean sector
initiatives which impact on fish and marine resources or their habitat including, but not
limited to: marine energy exploration and development; coastal and marine tourism;
designation of shipping lanes; protected areas and marine industry development areas.
The regulation of these marine activities, once rationalized by the Department, shall
devolve upon the parent agency for the appropriate sector involved.

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

(a) Exercise authority and responsibility over oceans use on
fisheries and their habitat;

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

(c) Promulgate and enforce fisheries and oceans habitat
regulations, which clarify and amplify the aforementioned departmental
mandate in accordance with the published fisheries and oceans
management plans;

(d) Prepare and implement a comprehensive Fisheries
Management Plan, based on the precautionary principle and the principle
of sustainable development using scientifically-generated information or
best available evidence on the status of the fisheries and marine
resources;

(e) Formulate and implement, consistent with the developmental
framework of the National Economic Development Authority a fishery


industry development program and set policies and standards for the
efficient and economic operation of the fishing industry in accordance with
the objectives of food security and rational and sustainable development;

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

(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;

() Implement the provisions of Republic Act No. 8550 and the
relevant provisions of Republic Act No. 8435 and enforce all fishery laws,
ules 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 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;

(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 LGUs;

(1) 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 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;

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

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

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

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

(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 ship-building


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

(w) Establish and implement, through the PFDA, a National
Marketing Assistance 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;

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

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

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

A National Fisheries and Aquatic Resources Management Council, a National
Fisheries Research and Development Institute and an Office of Ocean and Marine
Affairs are likewise 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 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 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 and Utilization; the Undersecretary
for Fisheries Conservation and Management; and the Undersecretary for Operations all
of whom shall be appointed by the President upon the recommendation of the
Secretary.

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

(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 responsibilty;


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

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

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

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

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

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

(c) Advise the Secretary in the formulation of policies, plans and
programs as well as on the promulgation of rules, regulations and orders
with respect to his/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 fisherfolk
associations and organizations, non-government organization and
peoples’ organization and supervise support and extension services at all
regional, provincial and municipal levels; and

() 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 for at least ten (10) years and has general practical knowledge of
fisheries.


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

(a) Bureau of Aquaculture and Inland Fisheries (BAIF) — The
BAIF shall, among others, be responsible for regulating aquaculture
operations in line with the International Code of Conduct for Aquaculture;
promoting the intensification of aquaculture operations in existing areas;
formulating aquaculture development programs; establishing and
maintaining model aquaculture farms and ponds; providing technical
assistance to cooperatives and fishpond operators in the development of a
viable fishmeal and fish feeds industry undertaking inland fishery
resources evaluation, and recommending management and conservation
measures,

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

(i) Aquaculture Management and Development
Division;

(i) Inland Fisheries Resource Assessment and
Conservation Division;

(ii) 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 valued-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;

(i) 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;
(i) Consumer Affairs Division; and
(iii) Arbitration and Dispute Resolution Division.

(©) Bureau of Fisheries Extension, Training, and Support
Service (BFETSS) — The BFETSS shall coordinate all development
activities with respect to fisheries and oceans technology and shall have a
development section for all components including inland and oceans
fishing, and fishing 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;
(ii) Technology Transfer and Demonstration Division;

(iil) 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 resources including commercial, international and
small-scale fisheries. It shall formulate development programs for the
expansion of the marine fishery industry, explore new fishery resources
and development environment friendly but efficient fishing gears. It shall
be headed by a Director and two Assistant Directors and shall have the
following divisions:

() Municipal Fisheries Division;
(i) Commercial Fisheries Division;
(iii) High Seas Fisheries Division; and

(iv) Fishing Technology Division.

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

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

(ii) Acquisition or construction of __ fishery
equipment, machinery, fishing vessels and fishing gears;

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

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

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

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


(vii) Activities which support marine and freshwater
bodies conservation 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
tequirements of the Fisheries and Aquatic Management
Counails.

Under the supervision and control of the Undersecretary for Fisheries
Conservation and Management, the following bureaus, units, boards and services are
hereby created:

(a) Marine Resources Conservation and Management Bureau
(MRCMB). — The 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;
(i) Oceanography Division;
(iil) Fisheries Licensing Division;

(iv) Biotechnology, Biosafety and Bioprospecting
Division; and

(v) Fisheries Law Enforcement Division.

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


supervision and control of fishery officers and guardians and the corps of
specialists responsible for the enforcement of fishery laws, rules and
regulations and the efficient monitoring and surveillance of fishing
activities within Philippine territorial waters. It shall have the following
units:

(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 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.

(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:

(i) Marine Protected Areas Division;
(ii) Marine Wildlife Rescue Centers;

(ii) Endangered Marine Species Captive Breeding
Centers;

(iv) | CITES Management Authority;


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

(vi) Biodiversity Division,

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

(a) The Fisheries Inspection and Quarantine Inspection Service
(FIQIS) — The FIQIS shall have the line functions and shall be
tesponsible for the inspection and 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 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 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 have the following units:

(i) Regional fishery Inspection and Quarantine
Offices;

(li) Cyanide Detection Centers;
(iil) 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:

(i) Fishery Statistics Division;

(ii) Socioeconomic Division; and


(iil) 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
(LDA), 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 No. 192 and 292, except the
functions of the enforcement of water pollution laws, rules and regulations, are hereby
transferred to the Department of Fisheries and Aquatic Resources

The fisheries-related sections of the Bureau of Agricultural Research, the
Bureau of Agricultural Statistics and the Agricultural Training Institute of the Department
of Agriculture are hereby abolished and all its personnel, records, appropriations,
property and equipment are transferred to the Department of Fisheries and Aquatic
Resources.

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

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


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

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

SECTION16. Appropriations. — For the effective implementation of this Act, the
amount of Five Billion Pesos (P5,000,000,000.00) is hereby appropriated from the
unappropriated funds of the National Treasury and the current budgetary appropriations
of the Bureau of Fisheries and Aquatic Resources, including its regional offices, the
appropriations of the Philippine Fishing Development Authority, and the budgetary
provision of the Philippine Council for Aquatic and 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 (c) of Republic Act No, 8550. The
use of such funds shall be project to COA rules and regulations.

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

16


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,