Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

824

House Bili 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.

The immediate approval of this bill is thus earnestly sought.

DIOSDADO MACAPAGAL ARROYO GLO F ieee RROYO
Second District, Camarines Sur ‘Sedond District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BiiN8_ 824

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 2010.”

SECTION 2. Declaration of Policies. — \t 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;

(a) 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;

() —_ Promulgate laws, rules and regulations governing the
conservation and proper utilization of fisheries and aquatic
Tesources 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, 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 officers and
members of fisherfolk associations who have undergone training on
law enforcement;

0) 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;

(2) 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;

(9) 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;

() 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

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 responsibility;

(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;

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

(€) 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 fishfeeds industry undertaking inland fishery
resources evaluation, and recommending management and
conservation measures.

The Bureau shall be headed by a Director and shall be
composed of the following divisions
() Aquaculture Management and Development
Division;

(ii) Inland Fisheries Resource Assessment
and Conservation Division;

(i) 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;

(ii) Technical Services Division;

(iii) | 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;
(ii) Consumer Affairs Division; and

(iii) Arbitration and Dispute Resolution
Division.

(c) 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;

(i) Technology Transfer and Demonstration
Division;

(iii) Business Advisory and Information Support
Division; and

(iv) 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
environment friendly but efficient fishing gears. It shall be headed
by a Director and two Assistant Directors and shall have the
following divisions:

10} Municipal Fisheries Division;
(i), | Commercial Fisheries Division;
(ii) | High Seas Fisheries Division; and

(iv) Fishing Technology Division.

(ce) The Fisheries Modemization 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:


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

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

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

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

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

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

(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 requirements of the Fisheries
and Aquatic Management Councils.

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

() Coastal Resources + Management
Division;
(i) Oceanography Division;

(iii) 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;

(ji) 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 responsible 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;

(ii) Cyanide Detection Centers;
(iii) 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 he following
divisions:

(i) Fishery Statistics Division;
(ii) Socioeconomic Division; and

(iii) Fishery Information Division.

SECTION 11. Regional Offices and Functions. — The Department shall

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

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:


(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 Ag@ricultural 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 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
tegional 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.

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,