UUSE “FR ZPRESENTATIVES
RECEIVED
SEVENTEENTH CONGRESS ) pare 30 AUG 2016

REPUBLIC OF THE PHILIPPINES H
First Regular Session tie Fawn

ey:
HOUSE OF REPRESENTATIVE:

Introduced by Representative Maximo B. RI riguez, St . eae ee

House Bill No. 38°70

EXPLANATORY NOTE

The country is blessed by enormous bodies of water with abundant marine resources. Two-
thirds of the territorial area of the Philippines is composed of water, covering a total area of
171 million hectares. For this reason, a significant number of Filipinos engage in fishing as
their main source of livelihood.

To ensure the preservation and proper development of the country's archipelago waters and
marine resources, this bill proposes the creation of the Department of fisheries and Aquatic
Resources (DFAR). The DFAR shall have the power to manage, develop, protect, conserve
and utilize all fisheries and aquatic resources of the country, except for municipal waters,
which shall remain under the jurisdiction of local government units

The DFAR shall likewise regulate the production, capture, processing and marketing of
fisheries and marine products in the country. This is to make sure that the country's marine
wealth is to be exclusively used for the benefit of the Filipino people. The creation of the
DFAR will be a significant breakthrough in providing utmost protection to Philippine waters
and marine resources. This will help in pursuing the government's thrust to increase food
production to meet the demands of the country’s fast growing population and alleviate
Poverty among the fishermen

Thus, the immediate approval of this bill is earnestly sought.

Mf

MAXIMO B. RODRIGUEZ JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES }
First Regular Session

HOUSE OF REPRESENTATIVES

- Introduced by Representative Maximo B.
House Bill No. 38.70

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 Republic of the Philippines
in Congress assembled:

SECTION 1. Title. - This Act shall be known as the “Department of Fisheries and Aquatic
Resources Act of 2016".

SECTION 2. 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 3. Declaration of Policies. - itis hereby deciared the policy of the State to:

@) Promote the sustainable development and management of all fisheries and
marine resources in Philippine waters including the exclusive economic zone (EEZ) and in
the adjacent high seas, consist with the primordial objective of maintaining a sound
ecological balance, protecting and enhancing the quality of the environment,

b) Protect and conserve the nation's marine wealth in its archipelagic waters,
territorial sea and exclusive economic zone and reserve its use and enjoyment exclusively to
Filipino citizens.

c) Adopt the precautionary principle and to prioritize conservation of the
country's marine and aquatic resources.

d) Protect the rights among small-scale fishermen in the preferential use of
communal marine, fisheries and aquatic resources. and
) Provide integrated support services to fishermen such as training, technical

and financial assistance.

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, except for municipal waters,
which shall remain under the jurisdiction 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 jurisdiction, as well as the
processing and marketing of all fisheries and aquatic products in the country. The
Department shall have the responsibility of rationalizing all ocean sector initiatives which
impact on fish and marine resources or their habitat including, but not limited to; marine
energy exploration and development; coastal and marine tourism; designation of shipping
lanes; protected areas; and, marine industry development areas. The regulation of these
marine activities, once rationalized by the Department, shall reside with the parent agency
for the appropriate sector involved.


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

(a) 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 clarifies
and amplify the aforementioned departmental mandate in accordance with the published
fisheries and oceans management plans within its territorial jurisdiction

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

(e) Formulate and implement, consistent with the 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 objectives of food security and rational and sustainable development,

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

(g) Issue licenses for the operation of commercial fishing vessels and permits for the
conduct . of fishery activities subject to the specific carrying capacities of the resource as
determined by scientific studies or best available evidence with preference given to resource
users in the local communities living adjacent or nearest to the municipal waters:

(h) Issue fish worker licenses and identification cards free of charge to fish workers
engaged in commercial fishing:

(i) Implement the provisions of Republic Act No. 8550 and the relevant provisions of
Republic Act No. 8435 and enforce all fishery laws, rules and regulations through its fishery
officers and guardians who shall be vested with full police powers including arrest, search
and seizure and through deputized government officials and employees, punong barangays
and officers and members of fisher folk associations who have undergone training on law
enforcement;

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

(k) It shall prescribe rules and regulations including visitorial powers, procedures and
guidelines concerning the classification, establishment, construction, maintenance and
operation of all fishing ports, landing sites and fish markets and the operation of business
therein except those that are owned and operated by local government units;

(|) Establish and maintain a Philippine Fisheries and Aquatic Resources Information
‘System (PF ARIS) that will function as the principal depository and information server of all
fisheries and ocean-related information in the country, including but not limited to the status
of fisheries and marine resources and their habitat, all matters pertaining to fisheries
production, processing, marketing and research results and technology advances;

(m) Develop and implement a Monitoring Control and Surveillance System (MCSS)
for Philippine fisheries and oceans at the national and regional levels to ensure that the
fisheries and marine resources in Philippine waters are judiciously and wisely utilized and
managed on a sustainable basis;

(n) Actively engage in the conservation, protection and rehabilitation of rare
threatened and endangered marine species as it may determine, including their habitats;

(0) Implement relevant provisions of international treaties and agreements such as,
but not limited to, the Convention on the international Trade in Endangered Species of Wild
Flora and Fauna, United Nations Convention on the Law of the Sea, Convention on
Biological Diversity, and formulate rules and regulations for the conservation and
management of straddling fish stocks and highly migratory species;


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

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

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

(s) Set oceanic fractions, in accordance with the schedules and limits as agreed upon
by the Department of Justice and embodied in fisheries regulations;

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

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

(v) Provide, through the PFDA and the Bureau of Fisheries and Aquaculture
Engineering the 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, fisheries mechanization and
fishpond designs and construction in cooperation with concerned agencies;

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

(x) Administer a fisheries modemization credit program to finance fishery projects of
fisher folk, 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 consist of the Office of the
Secretary and three Undersecretaries for Fisheries Production and Utilization, Fisheries
Conservation and Management, and for Operations; one council, the National Fisheries and
‘Aquatic Resources Management Council, one institute, the National Fisheries Research and
Development Institute, one office, the Office of Ocean and Marine Affairs and the following
services: the Philippine 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 corporation of the Department of Fisheries and Aquatic
Resources under the Office of the Secretary.

SECTION 7. Functions of the Secretary of Fisheries and Aquatic Resources. — The
Secretary of Fisheries and Aquatic Resources, hereinafter referred to as the Secretary, shall

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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 the Bureaus, Offices and Institutes
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 issuance relative to the sustainable development and management of fisheries and
oceans resources:

(d) Establish management policies and standards for the efficient and effective
‘operation of the Department in accordance with the programs of the government;

(e) Promulgate rules, regulations and other issuance in carrying out the Department's
mandate, objectives, policies, plans, programs and projects; and

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

SECTION 8. Functions of the Undersecretaries of the Department of Fisheries and Aquatic
Resources. - There shall be three (3) Undersecretaries: the Undersecretary for Fisheries
Production and Utilization; the Undersecretary for Fisheries Conservation and Management;
and the Undersecretary for Operations; who shall be appointed by the President upon the
recommendation of the Secretary. The Undersecretaries for Fisheries Production and
Utilization and for Fisheries Conservation and Management shall have the following
functions:

(a) Advise the Secretary on the formulation of policies, programs, plans, rules and
regulations, as well as on the promulgation of Department Order, Administrative Orders, and
other 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;

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

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

‘The Undersecretary for Operations shall have the following functions:

(a) Exercise supervision and control over the regional offices;

(b) Coordinate, harmonize and package the policies, plans, programs and projects of
all the Bureaus, Services, Offices and Units of the Deparment, 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 fisher fok associations and
organizations, non-government organization and peoples’ organization and supervise
support and extension services at the regional, provincial and municipal levels; and

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

SECTION 9. 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, biosystems/aquaculture engineering, 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 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 und Inland Fisheries (BAIF) - The BAIF shall, among
others, be responsible for: regulating aquaculture operations in line with the International
Code of Conduct for Aquaculture, promoting the intensification of aquaculture operations in
existing areas; formulating aquaculture development programs; establishing and maintaining
model aquaculture farms and ponds; providing technical assistance to cooperatives and
fishpond operators in the development of a viable fishmeal and fish feeds industry,
undertaking inland fishery resources evaluation; and recommending management and
conservation measures.

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

1) Aquaculture Management and Development Division;
2) Inland Fisheries Resource Assessment and Conservation Division: 3)
3) Inland Fishery Development and Extension Division; and the

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
RA 8435 shall be transferred to the BPFPS which shall formulate and enforce standards of
quality in the processing, preservation, packaging, labelling, 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 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:

1) Technical Services Division

2) Fish Processing Technology Division

3) Standards Development and Promotion Division;

4) Value-added Products Development and Promotion Division; and the
Under the Assistant Director for Industry Compliance and Consumer Protection:

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1) Industry Compliance Division;
2) Consumer Affairs Division; and the
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 fears and methods. It shall formulate a National Extension
System for Fisheries, which shall be composed of three (3) subsystems: the national
government: subsystem, the local government subsystem and the private sector subsystem:
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;

3) Business Advisory and information Support Division; and
4) Training Centers;

(d) The Bureau of Fishing Technology and Capture Fisheries (BFTCF)-The BFTCF shall
have direct supervision and control over the utilization of marine resources including
commercial, international and small-scale fisheries. It shall formulate development programs
for the expansion of the marine fishery industry: explore new fishery resources and
development environment friendly but efficient fisging gears. It shall be headed by a Director
and two Assistant Directors and shall have the following divisions:

1) Municipal Fisheries Division:
2) Commercial Fisheries Division;

3) Fishing Technology Division

4) High Seas Fisheries Division; and the

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

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

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

ili) Acquisition of fry, fingerlings, fertilizers, feeds and 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 facilties in
support of fisheries; economic activities; High Seas Fisheries Division; and

the

vi) Working capital for fisheries graduates to enable them to engage in fisheries-
related

vii) 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

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, board and services are hereby created.

(f) Marine Resources Conservation and Management Bureau. - The Marine
Resources Conservation and Management Bureau is a line bureau tusked 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

1) Coastal Resources Management Division;

2) Oceanography Division;

3) Fisheries Licensing Division;

4) Biotechnology, Biosafety and Bioprospecting Division; and the
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 fisher folk associations as
fishery guardians. It shall have the supervision and control of fishery officers and
guardians and the corps of specialists responsible for the enforcement of fishery
laws, rules and regulations and the efficient monitoring and surveillance of fishing
activities within Philippine territorial waters. It shall have the following units:

(i) The National and Fisheries Zone Monitoring and Surveillance Center which shall
have a National Coordinating Center and several Fisheries Zones Monitoring and
Surveillance Centers. It is further subdivided into the Vessel Tracking and
Remote Sensing Office, and the Database and Information Center;

(ii) The Fisheries Air Patrol and Oceans Patrol, and the Regulatory Staff composed of
Fishery Officers, Deputized Fisheries Guardians and the corps of specialists’ from
the DND, PNP-MARICOM, DILG, DFA and DOJ, The Fishery Officers shall have
full police powers relative to the enforcement of fishery laws, rules and
regulations including arrest, search andi seizure, and shall’ have the authority to
directly fle complaints for violation of fishery laws, rules and regulations.

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

5) Biodiversity Division

(h) Bureau of Fisheries and Aquaculture Engineering (BFAE)- The fishery
component of the Bureau of Agricultural and Fisheries Engineering created by Section 24 of
RA. No. 10601, otherwise known as the Agricultural and Fisheries Mechanization law shall
be transferred to BFAE. The BFAE is a line bureau tasked with the following functions and
responsibilities

1) Planning, implementation and monitoring of fisheries and aquaculture
engineering, mechanization, hatchery facilities, fishpond development and
farm-to-market road programs and projects:

2) Prepare, evaluate, validate and recommend engineering plans, designs and
technical specifications, and oversee the construction, installation, operation
and maintenance of fisheries and aquaculture mechanization and
infrastructure, and fishpond development projects;

3) Develop and enforce standards and other regulatory policies on aquaculture
and fisheries engineering:

4) Implement accreditation and registration scheme for aquaculture and fishery
machinery, tools, equipment and facilities, in coordination with technology
generators; and

5) Issue permits to operate to aquaculture and fishery machinery, tools and

equipment manufacturers, fabricators, assemblers and importers,

The BAFE shall be headed by a Bureau Director and Assistant Bureau Director, all
appointed by the Department Secretary

The BAFE shall have the following divisions: (1) Engineering Plans, Designs and
Specifications; (2) Programs and Projects Management; (3) Standards Regulation and
Enforcement; and (4) Administration and Finance.

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

(i) 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 or into the country of these products so

9


prohibited or regulated under existing laws, rules or regulations and international
agreements of which the Philippine is a State Party. It shall have the following units’

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

3) Product Standards Enforcement Division; and

4) Regional Fish Health Centers; and the

(j) The Bureau of Fishery Economics and Statistics (BFES) - The BFES shall be a
line bureau responsible for establishing benchmark data on the structure of the fishery
Industry. It shall conduct research and studies on the socio-economics of various fishery
operations, collect data on fishery production, and establish a network of fishery information,
documentation and dissemination. It shall have the following divisions:

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

SECTION 11. Regional Offices and Functions. - The Department shall have such
department-wide regional offices as may be necessary in the administrative regions, each to
be headed by a Regional Director, who shall be assisted by an Assistant Regional Director,
each regional office shall have support staffs as may be necessary and four line divisions
which shall have the following duties and responsibilities:

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

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

(c) Coordinate with the Regional Office of the other departments, offices and agencies in
the region; and
(4) 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 concemed. The Directors must have a degree in
law or Master of Science degree in marine fisheries, oceanography, fisheries biology, marine
biology, fisheries technology, microbiology or related sciences, or public administration and
at least five years of experience either in the public or private sector, in marine fisheries
research and development, or in the fisheries industry,

SECTION 13. Abolition, Transfer and Merger. - The Bureau of Fisheries and Aquatic
Resources reconstituted by Republic Act No 8550, is hereby abolished and its relevant
functions, appropriations, records, properties, equipment and personnel are hereby
transferred to the Department of Fisheries and Aquatic Resources: Provided, however, That
No official or employee of the BF AR 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.8560 is transferred to the department and shall serve as its principal research arm. The
Philippine Fisheries Development Authority created by Presidential Decree No. 977 including
its relevant functions, appropriations, records, properties, equipment and personnel, is
hereby transferred to the Department of Fisheries and Aquatic Resources as an attached
agency under the Office of the Secretary: Provided, however, That the Secretary of the

10


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 offin the
implementation of this Section. The Philippine Technical Advisory Committee of the
SEAFDEC Aquaculture Department created under Executive Order No. 834 dated October
4, 1982, including its relevant functions, appropriations: records, properties, equipment and
personnel, is hereby transferred and attached to the Department of Fisheries and Aquatic
Resources: Provided, That no official or employee of the Board shall be laid off in the
implementation of this section

The fisheries related functions of the Laguna Lake Development Authority, including
its relevant appropriations, records, and personnel, are hereby transferred to the Department
of Fisheries and Aquatic Resources: Provided, however, that no official or employee of the
LLDA shall be laid off in the implementation of this Section.

The Philippine Council for Aquatic and Marine Research and Development is
abolished and alll 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 there
under and the Coastal Environment Program including its relevant appropriations, personnel,
records, property and equipment, all marine and coastal related projects and programs of
the Department of Environment and Natural Resources, and all fisheries related functions of
the DENR under Executive Orders No. 192 and 292, except the functions of the enforcement
of water pollution laws, rules and regulations, are hereby transferred to the Department of
Fisheries and Aquatic Resources.

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

a


SECTION 16. Appropriations. For the effective implementation of this Act, the amount of
$5 billion pesos is hereby appropriated from the inappropriate funds of the National Treasury
and the current budgetary appropriations of the Bureau of Fisheries and Aquatic Resources,
including its regional offices, the appropriations of the Philippine Fishing Development
Authority, and the budgetary provision of the Philippine Council for Aquatic and Marine
Research Development. The amount necessary for the construction of a national office of
the Department of Fisheries and Aquatic Resources equivalent to P500, 000,000.00 is
hereby appropriated from the unappropriated funds of the National Treasury.

The revenues which the Department will generate from its licensing operations, the
fees collected & the proprietary services delivered by the Department, and the administrative
fines imposed by the National Fisheries Regulatory and Adjudication Bond shall constitute
the Department's revolving fund from which amounts necessary to cary out the special
research projects, management and conservation programs, staff development prografns,
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. Separability Clause - if any provision of this Act is declare unconstitutional
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.

SEC. 19. Effectivity Clause. - This Act shall take effect fifteen (15) days after publication in
two (2) national newspapers of general circulation

Approved,

R