Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by:  REP. SALVADOR A. PLEYTO, SR. 
EXPLANATORY NOTE 
As an archipelagic nation, the Philippines is defined by its vast marine 
and freshwater resources, which provide food, livelihoods, and ecological 
stability for millions. Despite this immense natural wealth, the country's 
fisheries are in a state of progressive decline, threatened by overfishing, illegal 
activities, and climate change. While the Bureau of Fisheries and Aquatic 
Resources (BFAR) currently manages this sector, a compelling argument 
exists for elevating it to a full-fledged Department of Fisheries and Aquatic 
Resources (DFAR). Such a move would provide the focused leadership, 
institutional power, and specialized expertise necessary to safeguard the 
nation's marine heritage and uplift its marginalized fisherfolk. 
The primary rationale for a new department stems from the need for a 
unified and specialized authority. Currently, BFAR operates as a bureau 
under the Department of Agriculture (DA), where its concerns can be 
overshadowed by the more dominant agricultural sector. This organizational 
structure often leads to fragmented policy-making and insufficient budget 
allocation for the unique challenges of marine resource management.  
As a standalone department, the DFAR would consolidate authority and 
resources, enabling it to formulate and enforce coherent policies without 
bureaucratic competition. This would be particularly crucial for addressing 
the contentious issues of illegal, unreported, and unregulated (IUU) fishing, 
which proponents argue BFAR, with its limited manpower, is ill-equipped to 
handle on a national scale. 
Furthermore, a dedicated department could more effectively implement 
sustainable management strategies tailored to the Philippines' specific needs. 
The country's marine ecosystems, located within the global center of marine 
biodiversity, are especially vulnerable to destructive practices like dynamite 
fishing and trawling. A DFAR could prioritize the establishment and 
protection of marine protected areas and the regulation of fishing gear to 
preserve critical habitats such as coral reefs and seagrass beds. It could also 
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provide targeted support to the country's over two million municipal 
fisherfolk, who often face direct competition from larger commercial vessels in 
their traditional fishing grounds. By focusing solely on aquatic resources, a 
DFAR would be better positioned to protect the rights of these small-scale 
fishers and ensure their role in the nation's food security. 
Finally, the creation of a DFAR would serve as a crucial investment in 
research and development. The Philippines' fisheries output has seen a 
significant decline in recent years, a trend that is exacerbated by the effects 
of climate change. A new department would have the mandate and budget to 
fund vital research on fish stock assessments, climate vulnerability, and post-
harvest technologies to reduce waste and increase fisherfolk income. This 
dedicated focus on science and innovation would not only inform policy but 
also provide tangible benefits to fishing communities through training and 
support for sustainable practices and alternative livelihoods. Several 
legislative proposals to create the DFAR have been filed in the Philippine 
Congress, signaling a growing recognition of the urgent need for a more robust 
and responsive institutional framework. 
In conclusion, the creation of a Department of Fisheries and Aquatic 
Resources in the Philippines is a logical and necessary step towards securing 
the nation's marine future. By establishing a centralized authority, 
empowering sustainable practices, and investing in dedicated research, such 
a department would provide the focused attention and resources needed to 
reverse the decline of aquatic resources. It would represent a powerful 
commitment to both environmental stewardship and the economic well-being 
of the Filipino people who depend on the sea for their survival and prosperity. 
In view of the foregoing, the immediate passage of this bill is earnestly 
sought. 
SALVADOR A. PLEYTO, SR.       


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. _________ 
Introduced by:  REP. SALVADOR A. PLEYTO, SR. 
___________________________________________________________________________ 
AN ACT 
CREATING 
THE 
DEPARTMENT 
OF 
FISHERIES 
AND 
AQUATIC 
RESOURCES, AND THE FISHERIES COMMISSION, DEFINING THEIR 
MANDATES, POWERS AND FUNCTIONS, AND APPROPRIATING FUNDS 
THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. — This Act shall be known as the 
"Department of Fisheries and Aquatic Resources Act." 
CHAPTER I  
POLICIES AND DEFINITIONS 
SEC. 2. Declaration of Policies. — It is hereby declared the policy of 
the State to protect and conserve the nation's marine wealth in its archipelagic 
waters, territorial sea, and exclusive economic zone (EEZ), and reserve their 
sustainable use and enjoyment exclusively to Filipino citizens. 
The State shall promote and ensure the sustainable development and 
management of all fisheries and marine resources in Philippine waters, 
including the EEZ and in the adjacent high seas in order to maintain a sound 
ecological balance, protect and enhance the quality of the environment, and 
ensure the country's food security and fish self-sufficiency. 
It shall protect the rights of small-scale fisherfolk in the preferential use 
of communal marine, fisheries, and aquatic resources. It shall also be the 
policy of the State to support private initiatives in aquaculture and fisheries 
business ventures both in the production and in the exportation or 
importation of fish and fisheries products and by-products. Towards this 
end,               the State shall provide the fisherfolk, fish farmers, processors of 
marine products, traders, and other investors the appropriate technical, 
financial, entrepreneurial, and other support services in order to improve fish 
3423


production, fish security and self-sufficiency, and to uplift the lives of those 
dependent on the fisheries industry. 
SEC. 3. Creation and Mandate. — To carry out the above-declared 
policies, there is hereby created a Department of Fisheries and Aquatic 
Resources, hereinafter referred to as the Department. 
 
The Department shall have primary jurisdiction over the development, 
management, regulation, utilization, and disposition of all fisheries and 
aquatic resources of the country, including the habitats of fish and all other 
marine life and activities which impact these habitats. The Department shall 
coordinate with the Department of Environment and Natural Resources 
(DENR) and other appropriate agencies to ensure that its policies are in 
consonance 
with 
national 
government 
policies 
on 
the 
protection, 
preservation, and conservation of the environment and natural resources: 
Provided, That the use of municipal waters for fisheries shall be governed by 
Article I of Republic Act No. 8550, otherwise known as the Philippine Fisheries 
Code of 1998, as amended, and by Republic Act No. 7160, otherwise known 
as the Local Government Code, as amended, and municipal fisherfolk shall 
retain the right to preferential use of municipal waters for fisheries: Provided 
further, that the development and management of municipal waters shall be 
undertaken jointly by the Department and local government units (LGUs), 
while the  regulation and preservation, including the setting of rules, 
standards, and restrictions on their use, development, and management, 
shall be primarily the responsibility of the Department.  
 
The Department shall ensure the equitable sharing of the benefits 
derived from the utilization and disposition of fisheries and aquatic resources 
for the welfare of the present and future generations of Filipinos. 
 
The Department shall have the responsibility of rationalizing all blue 
economy activities or initiatives which impact fisheries and aquatic resources 
including processing; marine resource utilization and development such as 
biotechnology and bioprospecting, seaweed farming or harvesting; protection 
of marine ecosystems such as coral reefs; mangroves preservation; coastal 
protection; marine protected areas; promotion and regulation of coastal and 
marine tourism; marine energy exploration and development; marine 
scientific research; and other areas of marine industry development. The 
regulation of these marine activities, once rationalized by the Department, 
shall be exercised by the parent agency for the appropriate sector involved. 
 
SEC. 4. Definition of Terms. — As used in this Act: 
 
(a) 
Aquaculture refers to the fisheries operations involving all forms of 
raising and culturing fish and other fishery species in fresh, 
brackish, and marine water areas, including hatcheries and 
nurseries, and aquatic feed production; 
 
(b) 
Aquatic Resources refer to the living resources in freshwater, 
brackish water, and marine waters, including fish, all other aquatic 


flora and fauna, and other living resources of the aquatic 
environment, including but not limited to salt and corals; 
 
(c) 
Archipelagic Waters refer to the waters enclosed by the 
archipelagic baselines drawn in accordance with Article 47 of the 
United Nations Convention on the Law of the Seas (UNCLOS), 
described as archipelagic waters, regardless of their depth or 
distance from the coast as contemplated in Article 49 (1) of the 
UNCLOS; 
 
(d) 
Blue Economy refers to the sustainable use of ocean resources for 
economic growth, improved livelihood and employment, while 
preserving the health of the ocean ecosystem. It takes into account 
the overall contribution of the oceans to economies, the need to 
address the environmental and ecological sustainability of the 
oceans and the ocean economy as a growth opportunity for human 
development, social equity, and ecological well-being; 
 
(e) 
Blue Economy Initiatives or Activities refer to traditional ocean 
activities such as fisheries, tourism, maritime transport, and waste 
management, including emerging industries such as renewable 
energy, aquaculture, seabed extractive activities, and marine 
biotechnology and bioprospecting. Blue economy activities also 
include ocean ecosystem services not captured by the market but 
provide significant contribution to economic and human activity 
such as carbon sequestration, coastal protection, ecosystem 
preservation, management of marine pollution, waste disposal, and 
the existence of biodiversity; 
 
(f) 
Code refers to Republic Act Number 8550, otherwise known as the 
Philippine Fisheries Code of 1998, as amended by Republic Act 
Number 10654; 
 
(g) 
Commercial Fishing refers to the taking of fishery species by 
passive or active gear for trade, business & profit beyond 
subsistence or sports fishing, to be further classified as: 
 
(1) 
Small scale commercial fishing - fishing with passive or active 
gear utilizing fishing vessels of 3.1 gross tons (GT) up to twenty 
(20) GT; 
 
(2) 
Medium scale commercial fishing - fishing utilizing active gears 
and vessels of 20.1 GT up to one hundred fifty (150) GT; and 
 
(3) 
Large commercial fishing - fishing utilizing active gears and 
vessels of more than one hundred fifty (150) GT. 
 


(h) 
Fisheries refers to all activities relating to the act or business of 
fishing, culturing, preserving, processing, marketing, developing, 
conserving, and managing aquatic resources and the fishery areas, 
including the privilege to fish or take aquatic resources therefrom; 
 
(i) 
Fisheries Commission refers to the Commission created under this 
Act, an independent, regulatory and oversight body exercising 
quasi-judicial functions or administrative adjudication over matters 
related to fisheries, as defined under this Act; 
 
(j) 
Fisheries Attaché refers to a diplomat who collects, analyzes, and 
acts on information on fisheries and other related spheres in a 
foreign country or countries; 
 
(k) 
Fishery Management Areas refers to delineated bodies of water in 
the Philippines based on an approximation of fish stocks and their 
boundaries, range and distribution and other considerations for the 
purpose of fisheries management or governance that is science-
based, participatory, and transparent, and applying the ecosystem 
approach to fisheries management. 
 
(l) 
Food Security refers to a situation that exists when all people, at 
all times, have physical, social, and economic access to sufficient, 
safe, and nutritious food that meets their food preferences and 
dietary needs for an active and healthy life; 
 
CHAPTER II  
THE DEPARTMENT 
 
SEC. 5. Powers and Functions. - To accomplish its mandate, the 
Department shall have the following powers and functions: 
 
(a) 
Formulate and implement short-term, medium-term and long-term 
Comprehensive National Fisheries Industry Development Plans 
(CNFIDP) pursuant to R.A. No. 8850, as amended, for the efficient 
and economic operations of the fishing industries, in accordance 
with the objectives of food security and rational and sustainable 
development, consistent with the development framework of the 
National Economic and Development Authority (NEDA); 
 
(b) 
Formulate and implement a Comprehensive Fisheries Research and 
Development Program such as sea farming, sea ranching, and 
tropical or ornamental fish and seaweed culture, aimed at 
increasing resource productivity, improving resource use efficiency, 
and ensuring the long-term sustainability of the country's fisheries 
and aquatic resources; 
 
(c) 
Establish and implement a National Marketing Assistance Program 
aimed at ensuring the generation of the highest possible income for 


fisherfolk and fisheries- related enterprises, and matching supply 
and demand in both domestic and foreign markets; 
 
(d) 
Establish and maintain a Philippine Fisheries and Aquatic 
Resources Information System (PFARIS) that will function as the 
principal repository and information server of all aquacultures, 
fisheries, and marine resources and their habitats, all matters 
pertaining to aquaculture and fisheries production, processing, 
distribution, marketing, policies, and research results and 
technological advancements; 
 
(e) 
Create a Fisheries National Administrative Register under the 
PFARIS which shall be accessible online. all decisions, resolutions, 
or orders involving violations of the Code, particularly serious 
violations committed by Philippine flagged vessels or by Philippine 
nationals and cases on poaching or involving foreigners, including 
the penalties imposed shall be uploaded. 
 
(f) 
Conduct complete resource inventory and monitoring for strategic 
planning and programming as well as evaluation and assessment of 
key initiatives to ensure increased productivity of the fisheries 
sector, promote sustainability, conservation, and protection efforts; 
(g) 
Develop value-added fisheries products for export and domestic 
consumption; 
 
(h) 
Promote international economic and technical cooperation in the 
fisheries and ocean sectors and in integrated oceans management, 
especially within the ASEAN region; 
 
(i) 
Appoint Fisheries Attachés in strategic countries to promote and 
engage in economic and trade cooperation including negotiating 
bilateral and multilateral trade agreements, promoting the exports 
of fish and fisheries products, and facilitating professional contacts, 
exchanges, and technology transfer; 
 
(j) 
Enter into contracts, joint venture agreements, public-private 
partnerships and such other memoranda of agreements or 
understanding, either domestic or foreign, under such terms and 
conditions as the Department may deem proper and reasonable and 
subject to existing laws; 
 
(k) 
Receive, take and hold by bequest, device, gift, purchase or lease, 
either absolutely or in trust for any of its purposes from foreign and 
domestic sources, any asset, grant or property, real or personal, 
subject to such limitations as are provided under existing laws and 
regulations; 
(l) 
Monitor the implementation of joint fishing agreements between 
Filipino citizens and foreigners who conduct fishing activities in 
international waters, and ensure that such agreements are not 


contrary to Philippine commitments under treaties or international 
agreements to which the Philippines is a party thereto; 
 
(m) Formulate planning and investment policy for blue economy 
initiatives or activities, including identification of development, 
production, and protected areas, and marine spatial plans; 
 
(n) 
Develop other blue economy initiatives to conserve, protect, or 
harness marine and coastal resources and ecosystems; 
 
(o) 
Prescribe rules, regulations, procedures, and guidelines concerning 
the classification, establishment, construction, maintenance and 
operation of blue economy initiatives or activities. 
 
(p) 
Provide 
development 
support 
services 
to 
fishermen 
and 
organizations of fishermen as well as those involved in all aspects of 
fisheries production, including processing and marketing, in 
collaboration with LGUs and related agencies; 
 
(q) 
Provide advisory services and technical assistance to the LGUs in 
developing 
their 
technical 
capability 
in 
the 
development, 
management, regulation, conservation, and protection of the 
fisheries resources and in the improvement of quality of fish from 
the time they are caught on-board fishing vessels, at landing areas, 
in fish markets, to the processing plants, and to the distribution and 
marketing chain; 
 
(r) 
Advise and coordinate with LGUs on the maintenance of proper 
sanitation and hygienic practices in fish markets and fish landing 
areas; 
 
(s) 
Coordinate with LGUs and other concerned agencies for the 
establishment of inclusive productivity enhancing and market 
development programs in fishing communities to enable women and 
youth to engage in fisheries or other economic activities and 
contribute significantly to development efforts; 
 
(t) 
Establish and administer a fisheries modernization credit program 
to fisheries projects of fisherfolk, fish farmers, fish processors, 
commercial fishers, and other qualified borrowers; 
 
(u) 
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; 
 
(v) 
Fix, assess and collect reasonable fees, tolls, charges, and rentals, 
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; 
 
(w) 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; 
 
(x) 
Conserve, protect, and rehabilitate rare, threatened and endangered 
aquatic species as it may determine, including their habitats and 
designate marine and other aquatic areas as protected areas for the 
special purposes stated in the notice of declaration in compliance 
with the relevant provisions of international treaties and agreements 
such as, the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES), United Nations 
Convention on the Law of the Sea (UNCLOS), and Convention on 
Biological Diversity (CBD); 
 
(y) 
Adopt and implement a national plan of action to manage fishing 
capacity, implement the Code of Practice for Aquaculture and the 
Code of Conduct for Responsible Fisheries; and determine and 
declare fishery management areas as over-exploited in coordination 
with the LGUs and FARMCs; 
 
(z) 
Formulate policies for the conservation and management of 
straddling fish stocks, highly migratory fish stocks and threatened 
living marine resources such as sharks, rays and ludong, inter alia, 
in the Philippine Exclusive Economic Zone, territorial sea, 
archipelagic and internal waters, in coordination with LGUs and 
integrated/municipal or city Fisheries and Aquatic Resources 
Management Councils (FARMCs);  
 
(aa)  Enforce all fisheries laws, rules and regulations through its fishery 
officers and guardians, deputized government officials and 
employees, punong barangays and officers, and members of 
fisherfolk associations who have undergone training on law 
enforcement; and seek the assistance of other law enforcement 
agencies for the efficient and effective implementation of this Act. 
 
(bb)   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 sustainably utilized and 
managed; 
 
(cc)   Establish a corps of technical specialists in collaboration with the 
Department of National Defense, Department of the Interior and 
Local Government, and the Department of Foreign Affairs for the 


efficient monitoring, control and surveillance of fishing activities 
within Philippine territorial waters and provide the necessary 
facilities, equipment and training therefor; 
 
(dd) Issue identification cards free of charge to fish workers engaged in 
commercial fishing; 
 
(ee) Issue licenses for the operation of commercial fishing vessels; 
 
(ff)   Exercise jurisdiction over all Philippine flagged fishing vessels 
operating in areas governed by a Regional Fisheries Management 
Organization (RFMO) in the high seas, or in waters of other coastal 
states; 
 
(gg) Train, designate and deploy fisheries observers in Philippine flagged 
fishing vessels engaged in commercial fishing in Philippine waters or 
distant water fishing to ensure compliance with conservation and 
management measures adopted by RFMOS and by the Department;  
 
(hh) Implement boarding and inspection protocols upon Philippine 
flagged fishing vessels in order to promote observance to 
international treaty obligations on food safety, to curb illegal, 
unreported and unregulated fishing (IUUF), and to comply with 
conservation and management measures; 
 
(ii)   Determine the appropriate levels of administrative and other 
sanctions concerning violations of fisheries laws, rules and 
regulations, particularly for serious violations that deprive offenders 
of economic benefits; 
 
(jj)   P erform quasi-judicial function or administrative adjudication 
under Chapter Ill of this Act, and settle conflicts of resource use and 
allocation in consultation with the NFARMC, LGUs and local 
FARMCs; 
 
(kk)  Oversee the country’s Fisheries Management Areas which shall be 
managed by FMA Boards. The FMA Boards shall have rule-making, 
enforcement and quasi- judicial powers in their respective 
jurisdiction. Decisions of FMA Boards shall be appealed to the 
Fisheries Commission. 
 
(ll)  Issue rules, regulations and guidelines for the protection and 
promotion of aquaculture, fisheries, marine and aquatic resources 
of the country, including the habitats of fish and all other marine 
life and over activities, which impact on these habitats; and 
 
(mm) Perform such other powers and functions which are necessary and 
relevant in order to achieve its mandate. 
 


SEC. 6. Structural Organization. — The Department shall consist of 
the Office of the Secretary and two (2) Undersecretaries supported by five (5) 
Assistant Secretaries. 
 
The Department shall be supported by bureaus, divisions, services, and 
institutes. 
 
SEC. 7. Secretary of the Department. — The Secretary of Fisheries 
and Aquatic Resources, hereinafter referred to as the Secretary, shall be 
appointed by the President of the Philippines subject to confirmation by the 
Commission on Appointments. 
 
SEC. 8. Powers and Functions of the Secretary. — The Secretary 
shall: 
 
(a) 
Ensure that the mandate of the Department is achieved; 
 
(b) 
Exercise supervision and control over the Department, its Bureaus, 
Offices, Services, and Institutes to ensure the effective performance 
of the powers and functions of the office; 
 
(c) 
Advise the President on the policies, rules and regulations, and 
other issuance relative to the sustainable development and 
management of fisheries and aquatic resources; 
 
(d) 
Establish management policies and standards for the efficient and 
effective operation of the Department in accordance with the 
programs of the government; 
 
(e) 
Promulgate rules and 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. 
 
SEC. 9. Undersecretaries. - The Secretary shall be assisted by two (2) 
Undersecretaries, 
specifically 
the 
Undersecretary 
for 
Development 
responsible for policy and planning, operations and technical services, 
fisheries protection, conservation and sustainable development, and 
Undersecretary for Regulations and Enforcement, who shall be appointed by 
the President upon the recommendation of the Secretary. 
 
The Undersecretaries shall assist the Secretary in the exercise of the 
Department's mandate and in the discharge of its powers and functions such 
as: 
 
(a) 
Provide periodic reports and advice to the Secretary on the plans 
and programs of their offices and the respective functions under 


their defined areas of responsibility, and recommend measures 
towards greater effectiveness and efficiency; 
 
(b) 
Exercise delegated authority, to the extent granted by the Secretary, 
on matters related to the functions and activities of the units under 
their defined areas of responsibility; and 
 
(c) 
Perform other functions as may be provided by law or assigned by 
the Secretary. 
 
SEC. 10. Undersecretary for Development. – The Undersecretary for 
Development shall provide policy advice to the Secretary and shall be 
responsible for the development of national aquaculture and fisheries policies 
and their integration and translation into the Comprehensive National 
Fisheries Industry Development Plan (CNFIDP), promotion of aquaculture and 
fisheries production, development and implementation of conservation, 
protection and sustainability efforts of the department, and provide periodic 
public reports of the achievements in aquaculture and fisheries. The 
Undersecretary shall: 
 
(a) 
Evaluate international developments and assess their potential 
impact on Philippine fisheries; 
(b) 
Be responsible for developing and managing bilateral and 
multilateral affairs of the department, including trade, investment, 
and cooperation agreement negotiations and the coordination of 
their implementation; 
(c) 
Advocate for the Philippine fisheries and aquatic resources agenda 
in international organizations and bodies; 
(d) 
Lead in the development of national aquaculture and fisheries plans 
and budgets consistent with national policies; develop institutional 
mechanisms for periodic program assessment, and identify, develop 
and package development projects for implementation; 
(e) 
Develop and implement reliable and cost-effective information and 
communication technology systems; 
(f) 
Establish and maintain the Philippine fisheries and aquatic 
resources information system which shall be the principal 
depository and information server of all aquaculture and fisheries-
related information in the country; 
(g) 
Assist the fisheries industries in the translation and implementation 
of the CNFIDP into operational plans and programs as well as 
appropriate technologies; 
(h) 
Develop a framework of cooperation and linkages with regional 
development councils, LGUs and national agencies in the 
management of the aquaculture, fisheries, and marine sectors; 
(i) 
Assist primarily, the secretary in supervising the operations of the 
regional offices; 
(j) 
Lead in the conduct of scientific research on the proper strategies for 
the conservation and protection of marine wildlife and their habitat 
including breeding and propagation; and 


(k) 
Have the authority to issue CITES permits and shall both be the 
CITES management and scientific authorities of the Philippines. 
 
SEC. 11. Undersecretary for Regulations and Enforcement. – The 
Undersecretary for Regulations and Enforcement shall assist the Secretary in 
performing the regulatory functions of the Department. The Undersecretary 
shall: 
 
(a) 
Exercise supervision and control of fisheries 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; 
(b) Exercise quasi-judicial functions to resolve and settle conflicts on 
the allocation and use of resources in consultation with the 
Fisheries Commission and LGUs; and institutionalize a monitoring 
control and surveillance system to ensure that fisheries, aquatic, 
and marine resource are utilized and managed on a sustainable 
basis. 
 
SEC. 12. Assistant Secretaries. — The Secretary shall be assisted by 
five (5) Assistant Secretaries who shall be appointed by the President upon the 
recommendation of the Secretary. 
 
SEC. 13. Functions of the Assistant Secretaries. — Each of the two 
(2) Undersecretaries shall be assisted by two (2) Assistant Secretaries who 
shall have the following functions: 
 
(a) 
Provide periodic reports and advice to the Undersecretary on the 
programs and offices under their defined and designated areas of 
responsibility 
and 
recommend 
measures 
towards 
greater 
effectiveness and efficiency; 
 
(b) 
Exercise supervision and control over the programs, budget, officers 
and personnel of the offices, services, operating units under their 
defined and designated areas of responsibility; 
 
(c) 
Exercise delegated authority, to the extent granted or delegated by 
the Secretary, on matters related to the functions and activities of 
the units under their defined areas of responsibility; 
 
(d) 
Perform other functions as may be provided by law or assigned by 
the Secretary. 
 
The fifth Assistant Secretary shall be in charge of the Finance and 
Administrative Support Services of the Department. 
 
SEC. 14. Qualifications and Appointment. - No person shall be 
appointed Secretary, Undersecretary, or Assistant Secretary of the 
Department unless a Filipino citizen and a resident of the Philippines, of good 


moral character, of proven integrity, and with at least five (5) years significant 
experience in the fishing sector. 
 
The Secretary, Undersecretary, and Assistant Secretary shall be 
appointed by the President of the Philippines in the manner prescribed by law. 
The Bureau Director, Assistant Bureau Director, Regional Executive 
Director, or Assistant Regional Executive Director shall be appointed by the 
President upon the recommendation of the Secretary. 
 
All other officials and employees of the Department shall be appointed in 
accordance with the Civil Service law, rules, and regulations. 
 
Sec. 15. Regional, Provincial, and Municipal Offices and Functions. 
— In the same manner as mandated in Section 66 of Republic Act No. 8550, 
as amended, otherwise known as “The Philippine Fisheries Code of 1998”, by 
Republic Act No. 10654 entitled, An Act To Prevent, Deter And Eliminate 
Illegal, Unreported And Unregulated Fishing, Amending Republic Act No. 
8550, Otherwise Known As “The Philippine Fisheries Code Of 1998,” And For 
Other Purposes, hereinafter referred to as the Code, the Department shall 
establish regional, provincial and municipal offices as may be appropriate and 
necessary to carry out effectively and efficiently the provisions of this Code. 
 
Each regional office shall be headed by a regional executive director, who 
shall be assisted by an assistant regional executive director. Each regional 
office shall have support staff and line divisions as may be necessary which 
shall have the following duties and responsibilities: 
 
(a) 
provide efficient and effective front-line service to the aquaculture, 
fishery and aquatic industry sectors, particularly to the municipal 
fishermen; 
(b) 
implement 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. 
 
CHAPTER Ill 
FISHERIES COMMISSION 
SEC. 16. Fisheries Commission. — The Department is hereby 
empowered to hear and decide cases and impose administrative fines and 
penalties provided in the Fisheries Code, as amended, and other fisheries 
laws, rules, and regulations. 
 
For this purpose, the Department shall organize a Fisheries Commission, 
hereinafter referred to as the Commission, an independent, regulatory and 


oversight body exercising quasi-judicial functions or administrative 
adjudication. The Commission shall be fiscally attached to the Department 
for policy and program coordination.  
Parties to commercial fisheries-related disputes may also mutually and 
voluntarily seek arbitration from the Fisheries Commission for other fisheries-
related disputes where the Fisheries Commission does not have automatic 
jurisdiction: Provided, that the arbitration of the Fisheries Commission on 
such disputes shall be binding on the parties that sought its arbitration. 
SEC. 17. Organizational Structure. –  
(a)    Composition, Qualification, and Tenure - The Commission shall be 
composed of a Chairperson and four (4) members to be appointed 
by the President of the Philippines who shall be natural-born 
citizens and residents of the Philippines, persons of good moral 
character, and of recognized competence.  Except for the 
Chairperson, the four (4) members of the Commission shall serve 
for a non-renewable term of six (6) years:  Provided, That any 
member whose term has expired as specified herein shall serve as 
such until a successor shall have been appointed and qualified: 
Provided further, That any appointment to fill a vacancy in the 
Commission arising from death, removal, retirement or resignation 
shall be made only for the unexpired term: Provided finally, That in 
no case shall any member serve for more than six (6) years in the 
Commission.  
(b)   Meetings, Quorum, and Voting Requirements - The Commission shall 
meet as often as may be necessary on such day or days as the 
Chairperson may fix. The presence of at least four (4) members of 
the Commission shall constitute a quorum, which shall be 
necessary for the transaction of any business. The affirmative vote 
of majority of the members of the Commission where a quorum is 
present shall be necessary for the adoption of any order, resolution, 
decisions, or other act of the Commission in the exercise of its quasi-
judicial 
functions: 
Provided, 
That 
in 
promulgating 
rules, 
regulations, guidelines and in exercising its quasi-legislative 
functions, an affirmative vote of four (4) members shall be required.  
 
(c)   Organization of the Commission. - The Chairperson of the 
Commission 
shall 
exercise 
general 
executive 
control 
and 
supervision over the Commission and its members, staff and 
personnel, agents and representatives. Within three (3) months from 
the creation of the Commission and the appointment of all Members 


of the Commission, the Chairperson shall determine and establish 
the organizational structure and plantilla positions necessary to 
carry out the powers and functions of the Commission subject to 
the review and approval of the Department of Budget and 
Management (DBM).  The plantilla positions of the Commission shall 
be filled by regular appointments in accordance with Civil Service 
laws, rules, and regulations.  Members of the Commission shall 
enjoy security of tenure and shall not be suspended or removed from 
office except for just cause as specified by law. 
 
SEC. 18. Secretariat. - The Commission shall be provided with a 
Secretariat to render technical and support services and shall be headed by 
an Executive Director who shall: 
(a) 
implement effectively the policies, plans, programs, rules, 
regulations and directives of the Commission;  
(b) 
coordinate and supervise the activities of the different operating 
units under the Commission;  
(c) 
keep and maintain the official records of the Commission, and 
render a report on the proceedings of the Commission;   
(d) 
administer oaths in all matters falling within the jurisdiction of the 
Commission; and  
(e) 
perform such functions as may be assigned by the Chairperson or   
other members of the Commission.  
 
SEC. 19. Compensation and Other Emoluments. – The compensation 
of the members of the Commission and its staff shall conform to the provisions 
of RA 6758, as amended, otherwise known as the Compensation and Position 
Classification Act of 1989, as amended, and other relevant laws. 
 
SEC. 20. Powers and Functions. - The Commission shall exercise the 
following powers and functions: 
(a) 
Exercise exclusive authority and original jurisdiction to hear and 
decide cases involving violations of the Code, and other fisheries 
laws, rules, and regulations; 
(b) 
Issue and promulgate rules, regulations and guidelines as may be 
necessary to implement and enforce the powers and functions of the 
Commission; 
(c) 
Fix reasonable fees, and impose administrative fines and surcharges 
as may be necessary for achieving the purposes, powers and 
functions of the Commission; 
(d) 
Issue and review licenses authorizing the operation of commercial 
vessels; 
(e) 
Impose penalties and fines against any licensee or against its 
owners, officers, agents or representatives for any violation of this 


Act or of the license, order, rule regulation or requirement issued by 
the Commission; 
(f) 
Promulgate rules and regulations for the conduct of administrative 
adjudication, voluntary arbitration, and the disposition of 
confiscated catch, gears, equipment, and other paraphernalia;  
(g) 
Issue notice of violation and order the confiscation of any fish, 
fishery species or aquatic resources illegally caught, taken, or 
gathered, and all equipment, paraphernalia, and gears in favor of 
the Department, academic institutions or LGUs and to dispose of 
the same in accordance with pertinent laws, rules, regulations, and 
policies on the matter;  
(h) 
Issue cease and desist orders upon violators and to summarily eject, 
without the necessity of judicial order, the holder of a Fishpond 
Lease Agreement (FLA), other tenurial instrument, permit or license 
from areas of the public domain covered by such FLA, tenurial 
instrument, permit or license, subject to the requirements of 
administrative due process; 
(i) 
Issue subpoena duces tecum and subpoena ad testificandum in 
administrative cases before it; 
(j) 
Exercise power to cite any person in contempt for failure to comply 
with its lawful orders, subpoenas, or other directives, or for any act 
obstructing the performance of its functions; 
(k) 
Review contracts, joint ventures agreements, public-private 
partnership, 
and 
other 
memoranda 
of 
agreements 
or 
understanding, either domestic or foreign entered into by the 
Department upon petition or motu propio when public interest so 
dictates; and  
(l) 
Perform such other incidental powers and functions as may be 
necessary to attain the objectives of this Act. 
 
Sec. 21. Appeal of the Decision of the Commission. — Except for 
cases initiated by the Secretary, the decision of the Commission may be 
appealed to the Secretary of the Department within thirty (30) days from 
receipt by the parties of the decision. The cases initiated by the Secretary shall 
be directly appealed to the Office of the President. 
 
SEC. 22. Commencement of Summary Administrative Action. — The 
Secretary, on his own instance, or upon the filing of a verified complaint by 
any person, shall institute administrative proceedings with the Commission 
against any person who violates the Philippine Fisheries Code of 1998, as 
amended, and other fisheries laws, rules, and regulations. 
SEC. 23. Prohibition on the Issuance of Temporary Restraining 
Orders, 
Preliminary 
Injunctions, 
and 
Preliminary 
Mandatory 


Injunctions. — No injunction or restraining order from the Municipal Trial 
Courts and Regional Trial Courts shall lie against the decision of the 
Commission. 
SEC. 24. Accompanying Administrative Sanctions for Serious 
Violations. — The Commission may impose the following additional 
sanctions to the administrative penalties imposed for serious violations: 
(a) 
confiscation of fishing gear; 
(b) 
impoundment of fishing vessel; 
(c) 
temporary suspension or permanent revocation of license or permit; 
(d) 
temporary or permanent ban from the availment of applicable duty   
and tax rebates; 
(e) 
inclusion in the illegal, unreported, and unregulated (IUU) fishing 
vessel list; 
(f) 
denial of entry and other port services; 
(g) 
blacklisting; and 
(h) 
increase in the amount of fines but not to exceed five (5) times the 
value of the catch. 
In case of repeated violations within a five-year period, the amount of fine 
may be increased up to eight (8) times the value of the catch. 
During the pendency of the administrative case, the Commission may 
order to impound the vessel or conveyance, gear, and other paraphernalia 
used in the commission of the offense. In applying these accompanying 
sanctions, the Commission shall take into account the seriousness of the 
violation as defined in Paragraph 82 of Section 4 of the Code, the habituality 
or repetition of violation, manner of commission of the offense, severity of the 
impact on the fishery resources and habitat, socioeconomic impact, cases of 
concealment or destruction of evidence, eluding arrest, resisting lawful 
orders, and other analogous circumstances. The overall level of sanctions and 
accompanying sanctions shall be calculated in a manner that is 
proportionate, effective, and dissuasive to deprive the offender of the economic 
benefits derived from the serious violation. 
Fines and penalties imposed pursuant to the Code shall constitute a lien 
upon the personal and immovable properties of the violator. 
In case the offender is a municipal fisher or lacks property for the 
imposed fines, community service may be rendered in lieu of the fine. The 


Commission shall issue rules and regulations ensuring the service aligns with 
the community's needs, where the offense occurred, and is calculated based 
on the fine and prevailing minimum wage. 
SEC. 25. Fisheries National Administrative Register. — The 
Commission shall regularly update the Fisheries National Administrative 
Register. All information on decisions, resolutions, or orders involving 
violations of the Code, particularly serious violations committed by Philippine 
flagged vessels or by Philippine nationals and cases on poaching or involving 
foreigners, including the penalties imposed shall be uploaded and kept 
current.  
CHAPTER IV 
ABOLITION, TRANSFER, AND ATTACHMENT 
 
SEC. 26. (a) Abolition – (a) The following offices shall be abolished: 
 
(1) 
The Bureau of Fisheries and Aquatic Resources (BFAR) that was 
reconstituted under Republic Act No. 8550, as amended by Republic 
Act No. 10654, is hereby abolished and its relevant functions, 
appropriations, records, properties, equipment and personnel are 
hereby transferred to the Department: Provided, however, That no 
official or employee of the BFAR shall be demoted or laid off in the 
implementation of this Section. 
 
(2) 
The position of Undersecretary for Fisheries and Aquatic Resources 
in the Department of Agriculture (DA) created under Section 63 of 
Republic Act No. 8550 is hereby abolished. 
 
(3) 
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, and all its 
personnel, records, appropriations, property, and equipment are 
hereby subsumed and transferred to the Department. 
 
 
 
(b)    The following offices shall be transferred to the Department: 
 
(1) 
The advisory functions of the National Fisheries and Aquatic 
Resources Management Council created by Republic Act No. 8550, 
as amended by Republic Act No. 10654 shall be transferred to the 
Office of the Secretary of the Department. 
 
(2) 
The fisheries-related functions of the Laguna Lake Development 
Authority, including its relevant appropriations, records, and 
personnel, are hereby transferred to the Department: Provided, 


however, That no official or employee of the LLDA shall be laid off in 
the implementation of this Section. 
 
(3) 
The Marine Research and Conservation Division and the different 
sections and the Coastal Environment Program of the DA 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 (DENR), and 
all fisheries related functions under Executive Order No. 192, s. 
1987 entitled, “Providing For The Reorganization Of The Department 
Of Environment, Energy And Natural Resources; Renaming It As The 
Department Of Environment And Natural Resources, And For Other 
Purposes” And Executive Order No 292 s.1987 entitled Instituting 
The “Administrative Code of 1987”, except the functions of the 
enforcement of water pollution laws, rules, and regulations, are 
hereby transferred to the Department. 
 
(4) 
The Fisheries Technology Centers and Outreach Stations of the 
Department of Agriculture shall be transferred to the Department 
which shall function as the research and testing centers for new 
technologies and shall provide extension services and technology 
transfer at the field levels. 
 
(c) 
The following offices shall be attached to the Department: 
 
(1) 
The National Fisheries Research and Development Institute (NFRDI) 
created under Republic Act No. 8550, as amended, shall be attached 
to the Department of Fisheries and Aquatic Resources, to serve as 
its primary research arm. 
 
To ensure the independent and objective implementation of its 
research activities, the NFRDI shall have a separate budget specific 
to its manpower requirements and operations. 
 
(2) 
The Philippine Fisheries Development Authority created under 
Presidential Decree No. 977, s. 1976 entitled, “Creating The 
Philippine Fish Marketing Authority, Defining Its Functions And 
Powers, And For Other Purposes”, including its relevant functions, 
appropriations, records, properties, equipment and personnel, is 
hereby attached to the Department: Provided, however, That the 
Secretary of the Department shall be the new Chairperson of the 
PFDA Board: Provided, further, That no official or employee of the 
PFDA shall be demoted or laid off in the implementation of this 
Section. 
 
(3) 
The Philippine Technical and Advisory Committee of the Southeast 
Asian Fisheries Development Center, Aquaculture Department 
(SEAFDEC/AQD) created under Executive Order No. 834, s. 1982 
entitled, “Creating A National Board On The SEAFDEC Aquaculture 


Department Programs, Budget And Operations”, including its 
relevant functions, appropriations, records, properties, equipment, 
and personnel, is hereby attached to the Department: Provided, 
That no official or employee of the Board shall be removed in the 
implementation of this section. 
 
SEC. 27. Transitory Provisions. — In accomplishing the acts of 
organizing the Department as herein prescribed, the provision of Republic Act 
No. 6656 or the Government Reorganization Law, shall be complied with, 
particularly: 
 
(a) 
The transfer of a government unit or agency shall include the 
function, appropriations, funds, records, equipment, facilities, 
choses 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 change of agency 
management, choses in action, rights, and other assets as may be 
necessary to the proper discharge of the transferred functions. Its 
personnel shall, pending complete transfer, continue to perform 
their duties and responsibilities. 
 
(c) 
The transfer of functions which results in the change of agency 
management, choses in action, rights, and other assets as may be 
necessary to the proper discharge of the transferred functions. Its 
personnel shall, pending complete transfer, continue to perform 
their duties and responsibilities. 
 
SEC. 28. Absorption, Separation and Retirement from Service. — 
The existing employees of the transferred, consolidated, and merged agencies 
under this Act shall enjoy security of tenure and shall be absorbed by the 
Department, in accordance with their staffing patterns and the selection 
process as prescribed under Republic Act. No. 6656 or the Government 
Reorganization Law. 
Employees who are affected by the creation of the Department and are 
separated from service within six (6) months from the effectivity of this Act as 
a result of the organization and reorganization under this Act, shall receive 
separation benefits under Republic Act No. 6656, or the Government 
Reorganization Law, and other applicable Civil Service Law, rules and 
regulations: Provided, That those who are qualified to retire and receive 
retirement benefits under existing retirement laws shall be allowed to retire. 
SEC. 29. Structure and Staffing Pattern. — Subject to the approval 
of the Department of Budget and Management (DBM), the Department shall 
determine its organizational structure and create new divisions or units as 
it may deem necessary, and shall appoint officers and employees of the 


Department in accordance with Civil Service laws, rules, and regulations. 
Republic Act No. 6656 or the Government Reorganization Law shall govern the 
reorganization of the Department, and the reorganization of affected 
agencies. 
SEC. 30. Appropriations. — The amount needed for the initial 
implementation of this Act shall be taken from the current year's 
appropriations of the agencies, entities, divisions, sections or bodies 
abolished or transferred to the Department by virtue of this Act. Thereafter, 
such sums as may be necessary for its continued implementation shall be 
included in the annual General Appropriations Act. 
SEC. 31. Implementing Rules and Regulations. — The Secretary of 
the Department of Fisheries and Aquatic Resources, in consultation with 
concerned government agencies and stakeholders including the Presidential 
Legislative Liaison Office and the members of the academe and the fishing 
industry, shall formulate rules and regulations for the full implementation 
of this Act within one hundred twenty (120) days from the effectivity of this 
Act. Such rules and regulations shall take effect upon publication in a 
newspaper of general circulation. 
SEC. 32. Separability Clause. — If any portion or provision of this 
Act is declared unconstitutional or invalid, the other portions or provisions 
hereof, which are not affected thereby, shall continue in full force and effect. 
SEC. 33. Repealing Clause. — Sections 130-140 of Republic Act No. 
8550,                         as amended by Republic Act No. 10654 are hereby 
repealed. All other laws, decrees, orders, rules and regulations or parts 
thereof inconsistent with the Act or rules and regulations promulgated 
pursuant thereto are hereby repealed or amended accordingly. 
 
SEC. 34. Effectivity. — This Act shall take effect fifteen (15) days after 
publication in the official gazette or in newspaper of national circulation. 
 
Approved,