Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HOusEBiLLNO.m37o_
Fj-£   DATE- inry- -0-8
&S,n.B"YE         :            A
Introduced  by:  Hon.  Keith  Micah ``Atty.  Mike"  D.L.  Tan
AN ACT
CREATING A DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES, PROVIDING FOR
ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Philippines is among the largest fish producers in the world.
The  United  Nations  Food  and Agriculture  Organization  (UN  FAO)  State  of World  Fisheries
and  Aquaculture  (SOFIA)  2020  report  places  the  Philippines  on  the  llth  spot  of the  top  25  fish
producing countries with  1.89 million tonnes in 2018 or 2 percent of total global marine capture
lt  ranked  8th  among  the top fish  producing  countries  in  2016.  The  country's total  volume  of
fisheries  production  in  2017 was 4.31  million  metric tons or roughly  16%  of total  agricultural  output.
The gross value of production for the subsector's in the same year amounted to Php 243.9 billion.
The  Philippine  Statistics  Authority  (PSA)  approximates  that  1.6  million  Filipinos  depend  on
fisheries  and  aquaculture  for their  livelihood.  This  notwithstanding,  poverty  incidence  continues  to
remain  high  among  fishermen  -estimated  at  34%   in  2015,   higher  by  12.4%  than  the  poverty
incidence of the general population.
This  bill  seeks to create a  Department of Fisheries and Aquatic Resources (DFAR)  in  order
to strategically develop and utilize the country's fisheries and aquatic resources,  and curb poverty in
the rural areas where most of the country's fishermen live.
The DFAR will be responsible for the development and management of fisheries and marine
resources in  Philippine waters including the exclusive economic zone,  as well as the protection and
conservation of the natjon's marine wealth.
In view of the foregoing, the approval of this bill is earnestly sought.
Kei
Micah "Atty. Mike" D.L. Tan
4th District, Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
Second Regular Session
HouSEBILLNo.    10370
Introduced  by:  Hon.  Keith  Micah "Atty.  Mike"  D.L.  Tan
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.  Short  Ttt/e,  -This  Act  shall  be  known  as  the  "Department  of  Fisheries  and
Aquatic Resources Act."
SEC.   2.   Creaff.on.   -  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.
SEC.  3.  Dec/araft.or} of Po//.c/.es.  -  lt is hereby declared the policy of the State to promote the
sustainable  development  and   management  of  all  fisheries  and  aquatic  resources  in   Philippine
waters including  its territorial seas and waters within the exclusive economic zone (FEZ),  consistent
with   the   primordial   objective   of   maintaining   a   sound   ecological   balance   and   protecting   and
enhancing  the  quality  of the  environment.  It  is  the  policy  of the  State to  protect  and  conserve  the
nation's marine wealth  in  its archipelagic waters, territorial  seas,  and exclusive economic zone and
reserve its use and enjoyment exclusively to Filipino citizens.  It is the policy of the State to adopt the
precautionary principle and to prioritize conservation of the country's marine and aquatic resources.
It is also the  policy of the State to protect the rights of small-scale fishermen to the preferential  use
of the country's fisheries and aquatic resources.
SEC. 4. Jury.sc/;.cft.on of the Oaparfmenf. -The Department shall have primary I.urisdiction 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 other
activities which  impact on these habitats,  except for municipal waters, which sha]] remain under the
jurjsdjction  of local government units.  The latter shall  manage their municipal waters in accordance
with  national  fishery  policies,  laws,  rules,  and  regulations.  The  Department shall  have the  authority
to   supervise   and   regulate  the   production   and   capture   of  fish   and  fishery   products  within   its
I.urisdictjon,  as  well  as  the  processing  and  marketing  of  all  fisheries  and  aquatic  products  in  the
country.  The  Department  shall  have  the  responsibility  of  rationalizing  all  oceans  sector  initiatives


which  impact  on  fish  and  marine  resources  or  their  habitat  including,  but  not  limited  to,  marine
energy  exploration  and  development;  coastal  and  marine  tourism;  designation  of  shipping  lanes;
protected  areas;  and  marine  industry development areas.  The regulation  of these marine activities,
once  rationalized  by the Department,  shall  reside with the  parent agency for the appropriate sector
involved.
SEC.  5. Powers and Funcf/.ons. -To accomplish its mandate, the Department shall have the
following powers, functions, and responsibilities:
(a) Coordinate the implementation of fisheries and oceans sector policies, plans and laws for
all maritime components;
(b)   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 wjthjn its territorial I.urisdiction;
(c)  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 aquatic resources;
(d)  Formulate  and  implement,  consistent  with  the  development  framework  of the  National
Economic  Development  Authority,  a  fishery  industry  development  program  and  set  policies  and
standards  for the  efficient  and  economic  operations  of the  fishing  industry  in  accordance  with  the
obj.ectjves of food security and rational and sustainable development;
(e) Promulgate laws,  rules,  and regulations governing the conservation and proper utilization
of fisheries and aquatic resources except in municipal waters;
(f)  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;
(g)  Issue fish worker licenses and identification cards free of charge to fish workers engaged
in  commercial fishing;
(h)   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,  and through deputized government officials and employees,  punong  barangays and
officers, and members of fisherfolk associations who have undergone training on law enforcement;
(i)   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
(NFARMC) and local government units;


a)  It  shall  prescribe  rules  and  regulations  including  procedures  and  guidelines  concerning
the   classification,   establishment,   construction,   maintenance,   and   operation   of  all  fishing   ports,
landing  sites  and fish  markets and the  operation  of business therein except those that are  owned
and operated by local government units;
(k) Establish and maintain a Philippine Fisheries and Aquatic Resources Information System
(PFARIS)  that  will  function  as  the  principal  depository  ahd  information  server  of  all  fisheries  and
oceans-related  information  in  the  country,  including,  but  not  limited  to,  the  status  of fisheries  and
aquatic   resources   and   their   habitat   as   well   as   all   matters   pertaining   to   fisheries   production,
processing, marketing and research results, and technology advances;
(I)   Develop   and   implement   a   Monitoring   Control   and   Surveillance   System   (MCSS)   for
Philippine  fisheries  and  seas  at  the  national  and  regional  levels  to  ensure  that  the  fisheries  and
aquatic  resources   in   Philippine  waters   are  judiciously   and  wisely   utilized   and   managed   on   a
sustainable basis;
(in)  Actively  engage  in  the  conservation,  protection  and  rehabilitation  of  rare,  threatened,
and endangered marine species as it may determine,  including their habitats;
(n)  Implement relevant  provisions  of international treaties  and  agreements  such  as,  but  not
limited  to,  the  Convention  on  International  Trade  in  Endangered  Species  of Vvild  Fauna  and  Flora
(CITES),   United   Nations   Convention   on   the   Law   of  the   Sea   (UNCLOS),   and   Convention   on
Biological    Diversity    (CBD)    and    formulate    rules    and    regulations    for   the    conservation    and
management of straddling fish stocks and highly migratory species;
(o)  Formulate  and  enforce  the  Code  of Practice for Aquaculture  and  Code  of Conduct for
Responsible Fisheries;
(p)  Promote  international  economic  and  technical  cooperation  in  the  fisheries  and  oceans
sectors and in integrated oceans management, especially within the ASEAN region;
(q) 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;
(r)  Fix,  assess,  and collect  reasonable fees,  tolls,  charges,  rentals and the  like,  through the
PFDA,   for  the   use   or   sale   of   properties,   equipment,   facilities,   and   services   to   support   the
Department's projects and to adjust the same as warranted;
(s)  Provide,  through  the  PFDA,  infrastructure  support  such  as  municipal  fishing  ports  and
markets,  farm-to-market  roads,  quality  laboratories  in  fish  ports,  marketing  facilities,  local  fisheries
shipbuilding and repair facilities, and post-harvest facilities,  in cooperation with concerned agencies;


(t)  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;
(u)   Administer   a   fisheries   modernization   credit   program   to   finance   fishery   projects   of
fisherfolk, fish farmers, fish processors, commercial fishers, and other qualified borrowers; and
(v) Perform all other functions consistent with this Act and as may be provided by law.
SEC.  6.  Daparfmer.f Proper.  - The  Department shall  consist  of the  Office  of the  Secretary
and three (3)  Undersecretaries for Fisheries  Production  and  Utilization;  Fisheries Conservation and
Management;   and   Operations;   one   (1)   council,   the   National   Fisheries  and  Aquatic  Resources
Management Council;  one  (1)  institute,  the  National  Fisheries  Research and  Development  Institute;
and one (1) office, the Office of Oceans and Marine Affairs. The Office of Oceans and Marine Affairs
shall  have authority and responsibility over oceans 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  (UNCLOS).  Any and  all  use  of the oceans 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
oceans 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  of  Fisheries  and  Aquatic  Resources
under the Office of the Secretary.
SEC.  7.  Funcft.ons  of the  Secretary.  -  The  Secretary  of  Fisheries  and  Aquatic  Resources,
hereinafter referred to as the Secretary, shall be appointed by the President with the consent of the
Commission on Appointments,  and shall have the following functions:
(a) Supervision and control of the Department and all the offices under it;
(b)  Authority  and   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
issuances   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,   regulations,   and  other  issuances  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.  8.  Functions of the  Undersecretaries. -There shall  be three  (3)  Undersecretaries:  (1)
Undersecretary    for    Fisheries    Production    and    Utilization;    (2)    Undersecretary    for    Fisheries
Conservation  and  Management;  and  (3)  Undersecretary for Operations who  shall  be appointed  by
the President upon the recommendation of the Secretary.
The Undersecretaries for Fisheries Production and Utilization and for Fisheries Conservation
and  Management shall  have the following functions:
(a)  Advise   the   Secretary   on   the   formulation   of   policies,   programs,   plans,   rules,   and
regulations, as well as on the promulgation of Department Orders, Administrative Orders,
and other issuances with respect to his/her area of responsibility;
(b)  Exercise supervision and control over the bureaus,  offices,  services,  and operating  units
under his/her responsibility;
(c) Coordinate the functions and  activities of the units under his/her responsibility with those
of the other units in the Department;
(d) Liaise with concerned government departments,  agencies, and offices to ensure effective
coordination in the management of the fisheries and oceans sector; and
(e) Perform such other functions as may be provided by law or assigned by the Secretary.
The Undersecretary for Operations shall have the following functions:
(a) Exercise supervision and control over the regional offices;
(b) Coordinate,  harmonize,  and package the policies,  plans,  programs, and projects of all the
offices 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 Inspection
Service and the Bureau of Fishery Economics and Statistics;
(e)    Establish    linkage   with    local    government   units,    local    fisherfolk   associations    and
organizations,  and  non-government organizations and  supervise support and extension  services at
the regional,  provincial,  city,  and municipal levels; and


(f) Perform such other functions as may be provided by law or assigned by the Secretary.
SEC.    9.    Qua/;.fi.cart.ons    of   the    Undersecrefan.es.    -    No    person    shall    be    appointed
Undersecretary of the  Department unless  he or she  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.
SEC.   10.  Organt.zaft.ona/  Sfrttcftjre  of the  Daparfmenf.  -The  functions  of the  Department
under  this   Act   shall   be   carried   out   by   the   bureaus,   agencies   and   services   created   in   the
Department.
Under  the   supervision   and   control   of  the   Undersecretary  for  Fisheries   Production   and
Utilization, the following bureaus, services, and offices are hereby created;
(a)  Bureau  of Aquaculture  and  Inland  Fisheries  (BAIF)  -The  BAIF  shall,  among  others,  be
responsible  for  regulating  aquacu[ture  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:
(1 ) Aquaculture Management and  Development Division;
(2) Inland Fisheries Resource Assessment and Conservation Division;
(3)  Inland  Fishery Development and  Extension  Division;  and
(4)  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.   8435  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  and
the  alignment  of  local  standards  with  international  standards;  and  promote  and  strengthen  semi-
processing and handling.
The Bureau shall have a Director and two (2) Assistant Directors: one for Product Standards
and Technical Services and one for Industry Compliance and Consumer Protection.  It shall have the
following  divisions:


under the Assistant Director for Product Standards and Technical Services:
(1) Technical  Services  Division;
(2)  Fish Processing Technology Division;
(3) Standards Development and Promotion Division; and
(4) Value-added Products Development and Promotion Division.
Under the Assistant Director for Industry Compliance and Consumer Protection:
(1)  Industry Compliance Division;
(2) Consumer Affairs Division;  and
(3) 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
gears  and  methods.  It  shall  formulate  a  National  Extension  System  for  Fisheries,  which  shall  be
composed   of   three   (3)   subsystems:   (1)   the   national   government   subsystem,    (2)   the   local
government  subsystem,  and  (3)  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:
(1 ) Training and  Skills  Development Division;
(2) Technology Transfer and Demonstration Division; and
(3)  Business Advisory and  Information Support Division.
(d)  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 (2) Assistant Directors and shall
have the following djvjsions:
(1)  Municipal  Fisheries  Division;
(2)  Commercial  Fisheries  Division;
(3)  Fishing Technology Division;  and
(4)  High Seas Fisheries Division,


(e)   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:
(1 ) Fisheries production including processing of fisheries products and
inputs;
(2) Acquisition or construction of fishery equipment,  machinery, fishing
vessels, and fishing gears;
(3) Acquisition of fry, fingerlings, fertilizers, feeds, and similar items;
(4) Procurement of fisheries products for storage, trading, processing, and distribution;
(5)   Construction,   acquisition   and   repair  of  facilities  for  production,   processing,   storage,
transportation,   communication,   marketing   and   such   other  facilities   in   support  of  fisheries   and
economic activities;
(6)  Working  capital  for  fisheries  graduates  to  enable  them  to  engage  in  fisheries-related
activities   which   support   marine   and   freshwater   bodies   conservation   and   ecology-enhancing
activities  such  as,  but  not  limited to,  mangrove  reforestation,  promotion  of whale  shark and  manta
ray and other endangered marine species watching and ecotourism; and
(7)  Development of appropriate technology,  both  in fishery and  ancillary  industries,  that are
ecologically sound,  locally-sourced,  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,  services,  and  offices  are  hereby
created:
(a)  Marine  Resources  Conservation  and  Management  Bureau  -  The  Marine  Resources
Conservation   and   Management   Bureau    is   a   line   bureau   tasked   with   the   formulation   and
implementation  of a  Comprehensive  Fisheries  Management  Plan.  It shall  undertake  marine fishery
resources assessment and  biological and environmental  investigations,  and formulate conservation
measures.  In  coordination with the  National  Fisheries  Research  and  Development  Institute,  it shall
determine  and  establish  the  carrying  capacity  and  total  allowable  catch   (TAC)  for  a   particular
resource.  It shall set the allowable fishing effort based on the carrying capacity of the resource and
TAG and accordingly issue commercial fishing licenses and permits.  It shall be headed by a Director
and two (2) Assistant Directors and shall have the following divisions:
(1) Coastal Resources Management Division;


(2) Oceanography Division;
(3)  Fisheries  Licensing  Division;
(4)  Biotechnology,  Biosafety and Bioprospecting Division;  and
(5)  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.
(b)  The  Bureau  of  Marine  Protected  Areas  and  \/Vildlife  (BMPAVV)  -  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  and  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 Convention  on  International Trade  in
Endangered  Species  (CITES)  permits  and  shall  be  both  the  CITES  management  and  scientific
authority 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:
(1)  Marine Protected Areas Division;
(2)  Marine Wildlife Rescue Centers;
(3) CITES Management Authority;
(4) Endangered Marine Species Captive Breeding Centers;
(5)  Endangered  Marine \/Vildlife Research Center shall  be the Department's CITES scientific
authority which shall coordinate with academic institutions designated as scientific authorities;  and
(6)  Biodiversity Division
The Undersecretary for Operations shall have direct control and supervision over all regional
offices and the following units and bureaus:
(a)  Fisheries  Inspection  and  Quarantine  Inspection  Service  (FIQIS)  -  The  FIQIS  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  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/or  into  the  country  of these  products  so  prohibited  or  regulated  under existing
laws,  rules,  or regulations and  international  agreements of which the Philippines js a State  Party.  It
shall  have the following  units:
(1)  Regional  Fishery Inspection and Quarantine Offices;
(2) Cyanide Detection Centers;
(3)  Product Standards Enforcement Division;  and
(4)  Regional  Fish Health Centers.
(b)  Bureau  of Fishery  Economics  and  Statistics  (BEES)  - The  BFES  shall  be  a  line  bureau
responsible  for  establishing   benchmark  data  on  the  structure  of  the  fisheries  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:
(1 )  Fishery Statistics Division;
(2) Socio-economic Division;  and
(3)  Fishery Information  Division.
SEC.11.  Regt.ona/ Offy.ces and Funcfi.or}s.  -The  Department  shall  have  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 staff as
may   be   necessary   and   four   (4)   line   divisions   which   shall   have   the   following   duties   and
responsibilities:
(a)  Provide efficient and effective frontline services to the fisheries 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 other departments and agencies in the region; and
(d) Perform such other functions as may be provided by law or assigned by the Secretary.
SEC.  12.  Appo/.nfmenf  and  Qua//f/.cat/.on  of D/.rectors.  -The  Directors  of the  Bureaus  and
Offices,  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.
SEC.13. Ado//.I/.on,  rrar}sfer,  and Merger. -The Bureau of Fisheries and Aquatic Resources
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.
8550 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  04  October  1982,  including  its  relevant  functions,
appropriations,  records, properties, equipment, and personnel, is hereby transferred and attached to
the  Department of Fisheries and Aquatic  Resources:  Provided,  That no  official  or employee  of the
Board shall be laid off in the implementation of this Section.
The fisheries-related functions of the Laguna  Lake Development Authority (LLDA),  including
its  relevant  appropriations,  records,  and  personnel,  are  hereby  transferred  to  the  Department  of
Fisheries and Aquatic Resources:  Provided,  however, That no official or employee of the LLDA shall
be laid off in the implementation of this Section.
The Philippine Council for Aquatic and  Marine Research and  Development is abolished and
all  its functions,  appropriations,  records,  property,  equipment,  and  personnel  are transferred to the
National  Fisheries Research and  Development Institute of the Department of Fisheries and Aquatic
Resources.
All  marine and coastal related  projects and programs of the Department of Environment and
Natural  Resources (DENR) and all fisheries related functions of the DENR,  except the enforcement


of water pollution laws,  rules, and regulations, are hereby transferred to the Department of Fisheries
and Aquatic Resources.
The  fisheries  and  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  appropriations,   records,   property,   equipment,   and   personnel   are
transferred to the Department of Fisheries and Aquatic Resources.
SEC.   14.   Trans;.tory  Prov/.s/.ons.   -  In  creating  and  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,  choses  in action,  rights,  and 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,
choses in action, rights, other assets, and personnel, as may be necessary, for 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 hold-over capacity.
SEC.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.
SEC.16.  Apprapr7.afi.ons.  -For the  effective  implementatjon  of this Act,  the  amount  of Five
Billion  Pesos  (Php5,000,000,000.00)  is  hereby  appropriated  from  the  unappropriated  funds  of the
National  Treasury,  the  current  budgetary  appropriations  of  the  Bureau  of  Fisheries  and  Aquatic
Resources,  including its regional offices, the appropriations of the Philippine Fisheries Development
Authority,  and  the  budgetary  provision  of the  Philippine  Council  for Aquatic  and  Marine  Research
and  Development. The amount necessary for the construction of a national office of the Department
of Fisheries and Aquatic Resources equivalent to Five Hundred Million  Pesos (P500,  000,000.00) is
hereby appropriated from the unappropriated funds of the National Treasury.
The  revenues  which  the  Department  will  generate  from  its  licensing  operations,  the  fees
collected  and  the  proprietary  services  delivered  by  the  Department,  and  the  administrative  fines
imposed   by   the   National   Fisheries   Regulatory   and   Adjudication   Board   shall   constitute   the


Department's  revolving  fund  from  which  the  amounts  necessary  to  carry  out  special  research
projects,  management and conservation  programs,  staff development programs,  and acquisition of
equipment,   vessels,   and   aircraft  for  the   Monitoring   and   Surveillance   Center   shall   be   taken:
Provided,  however,
That the fishpond  rentals shall accrue to the  National  Fisheries  Research and  Development
Institute as provided under Section 46 (c) of Republic Act No. 8550. The use of such funds shall be
subject to COA rules and regulations.
SEC.   17.  Saparabi.//.fy  C/ause.  -If  any  provision  of this  Act  is  declared  unconstitutional  or
inoperative, the other provisions not so declared shall remain in force and effect.
SEC.   18.  Rapea/7.ng  C/at7se.  -All  laws,  executive  orders,  administrative  orders,  and  rules
and regulations inconsistent with this Act are hereby repealed or amended accordingly.
SEC.19.  Effecf/.v7.fy C/at/se.  -This Act shall  take effect fifteen  (15)  days after its  publication
in the Official Gazette or in two (2) newspapers of general circulation.
Approved,