Republic of the Philippines
HOUSE OF REPRESENTATIVES:
Queson City

EIGHTEENTH CONGRESS
‘Second Regular Session

House BILL No. _ “489

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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

The primary intention of this bill is to create the Department of Fisheries and Aquatic
Resources to strengthen and equip an institution to be the primary policy and
regulatory body on fisheries and aquatic resources.

The creation of such a department would give the much needed specialized attention
to the needs and concerns of the fisheries and aquatic resources industry and at the
same time allow the Department of Agriculture to focus its efforts on land-based
farming. The department will also be empowered not only to conserve, promote and
develop the industry but also protect the rights of our local fishermen.

The Philippines has vast fishery resources at its disposal. As an archipelagic state with
7,107 island and over 2.2 million km? of highly productive seas, the Philippines enjoys
the vastness of the oceans and seas that surround its peripheral territories. Based on
DA-BFAR statistics, the fisheries industry employs some 1,614,368 Filipinos. The
country also always consistently ranks among the tops producers of fish and aquatic
plants in the world.

Indeed, the creation of a new Department of Fisheries and Aquatic Resources would
serve the best interest of the country's fisherfolk and the conservation of our marine
resources.

The immediate passage of the bill is most earnestly sought.

ay] al

LUIS RAYM “LRAY/ F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. _7489

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

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 Phil
Congress assembled:

spines in

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

SECTION 2. Declaration of Policy. The following is hereby declared policy of the
State:

a) The State shall promote sustainable development in the management of all
fisheries and marine resources within its national territory;

b) The national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein, and all other territories over which
the Philippines has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless
of their breadth and dimensions, form part of the internal waters of the
Philippines;

c

The Philippine waters include its Exclusive Economic Zone (EEZ) and
extended continental shelf in the adjacent high seas;

d

It is the primordial policy to maintain a sound ecological balance, protect
and enhance the quality of the environment in its territorial waters, The
State shall 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;

e

The State shall adopt the precautionary principle and to prioritize
conservation of the country's marine and aquatic resources, as well as to
protect the rights of small-scale fisher folk in the preferential use of
communal marine, fisheries and aquatic resources. Towards this end, it
shall provide such fisher folk with the appropriate technical and financial
support; and

f.) Legitimate and recognized non-governmental organizations (NGOs) are
considered as partners of the State in the protection and conservation of
fisheries and aquatic resources. These NGOs are likewise partners of the
State in development and the promotion of the welfare of the fisher folk.

SECTION 3. Creation. To carry out the above-declared policy, 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, development, 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
the Department shall work closely with the Department of Environment and Natural
Resources and other relevant agencies to ensure that its polices relating to fishery
and aquatic resources are not in conflict with general government policies on the
protection, preservation and conservation of environment and natural resources, and
are supportive of the general goal to ensure equitable sharing of the benefits derived
therefrom for the welfare of the present and future generations of Filipinos. Provided
further, That the jurisdiction over municipal waters shall be exercised jointly by the
Department and local government units (LGUs), with the latter managing the same in
accordance with national fishery policies, laws, rules and regulations.

The Department shall have the sole 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. It 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 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) prepare and implement a Comprehensive National Fisheries Industry
Development Plan;


b) issue licenses for the operation of commercial fishing vessels;

c) issue identification cards free of charge to fishworkers engaged in commercial
fishing;

4) monitor and review joint fishing agreements between Filipino citizens and
foreigners who conduct fishing activities in international waters, and ensure
that such agreements are not contrary to Philippine commitment under
international treaties and convention on fishing in the high seas;

e)formulate and implement a Comprehensive Fishery Research and
Development Program, such as, but not limited to, sea farming, sea ranching,
tropicaV/ornamental fish and seaweed culture, aimed at increasing resource
productivity, improving resource use efficiency, and ensuring the long-term
sustainability of the country's fishery and aquatic resources;

f) establish and maintain a Comprehensive Fishery Information System;

g) provide extensive development support services in all aspects of fisheries
production, processing and marketing;

h) provide advisory services and technical assistance on the improvement of
quality of fish from the time it is caught (i.e. on board fishing vessel, at landing
areas, fish markets, to the processing plants and to the distribution and
marketing chain);

i) coordinate efforts relating to fishery production undertaken by the primary
fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives;

}) advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;

k) establish a corps of specialists in collaboration with the Department of
National Defense, Department of the Interior and Local Government,
Department of Foreign Affairs for the efficient monitoring, control and
surveillance of fishing activities within Philippine territorial waters and provide
the necessary facilities, equipment and training therefor;

1) implement an inspection system for import and export of fishery/aquatic
products and fish processing establishments, consistent with international
standards to ensure product quality and safety;

m)coordinate with LGUs and other concemed agencies for the establishment of
productivity enhancing and market development programs in fishing
communities to enable women to engage in other fisheries/economic activities
and contribute significantly to development efforts;

n) enforce all laws, formulate and enforce all rules and regulations governing the
conservation and management of fishery resources, including in municipal
waters where it shall closely coordinate with the LGUs for such enforcement,
and to settle conflicts of resource use and allocation in consultation with the
NFARMC, LGUs and local FARMCs;

0) develop value-added fishery-products for domestic consumption and export;

p) recommend measures for the protection/enhancement of the fishery
industries;


q) assist the LGUs in developing their technical capability in the development,
management, regulation, conservation, and protection of the fishery
resources;

1) formulate and implement rules and regulations for the conservation and
management of straddling fish stocks and highly migratory fish stocks; and
threatened living marine resources such as sharks, rays and /udong, inter alia,
in the Philippine Exclusive Economic Zone, territorial sea, archipelagic and
internal waters, in coordination with LGUs and integrated/municipalicity
Fisheries and Aquatic Resources Management Councils;

s) train, designate and deploy fisheries observers in Philippine flagged fishing
vessels engaged in commercial fishing in Philippine waters or distant water
fishing to ensure compliance with conservation and management measures
adopted by RFMOS and by the Department.

t) implement boarding and inspection protocols upon Philippine flagged fishing
vessels in order to promote observance to international treaty obligations on
food safety, to curb illegal, unreported and unregulated fishing, and to comply
with conservation and management measures;

u) adopt an appropriate monitoring, control, surveillance and traceability system
for municipal fishing vessels supplying exporters with concurrence of the local
government units;

v) adopt and implement a national plan of action to manage fishing capacity,
implement the intemational code of conduct for responsible fisheries, and
declare fishery management areas as over-exploited in coordination with the
LGUs and FARMCs;

W) require performance bonds and impose and collect reasonable fees and
charges for laboratory services, inspection, deployment of fisheries observers,
and catch documentation and validation, taking into account the balance
required between recovering the costs of services rendered and the
socioeconomic impact of their imposition, upon prior consultation with
stakeholders;

x) hear and decide administrative cases before it;

y) determine the appropriate levels of administrative and other sanctions,
particularly for serious violations, that deprive offenders of economic benefits
from their violations of the laws, rules and regulations;

2) initiate the criminal prosecution of offenses committed in violation of the
Fisheries Code of 1997, as amended, regardless of their status; and

aa)perform such other related functions which shall promote the development,
conservation, management, protection and utilization of fisheries and aquatic
resources.

SECTION 6. Composition. The Department shall be composed of the Office of
the Secretary, three (3) Undersecretaries for Fisheries Production and Utilization; for
Fisheries Conservation and Management; and for Operations.


SECTION 7. Secretary of Fisheries and Aquatic Resources. 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. No
person shall be appointed Secretary 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 and/or management of aquatic resources.

The Secretary 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;

(©) 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;

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

(c) 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. Undersecretaries. The Secretary shall be assisted by three (3)
Undersecretaries:

1. Undersecretary for Production and Utilization of Fisheries and Aquatic
Resources;

2, Undersecretary for Conservation and Management of Fisheries and
Aquatic Resources; and

3. Undersecretary for Operations.

The Undersecretaries shall be appointed by the President upon the
recommendation of the Secretary. 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.

The general functions of the Undersecretaries are as follows:

(@) Assist 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;

(©) 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
aquatic resources sector; and

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

SECTION 9. Undersecretary for Production and Utilization of Fisheries and
Aquatic Resources. The Undersecretary for Fisheries Production and Utilization
shall assist the Secretary in the overall management of fisheries production,
processing, marketing, utilization, development of techniques in the industry, among
others.

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 aquaculture operations in line with the
International Code of Conduct for Aquaculture, promoting the intensification
of aquaculture operations in existing areas; formulating aquaculture
development programs; establishing and maintaining model aquaculture
farms and ponds; providing technical assistance to cooperatives and
fishpond operators in the development of a viable fishmeal and fish feeds
industry, undertaking inland fishery resources evaluation; and
recommending management and conservation measures.

The Bureau shall be headed by a Director and shall be composed of the following
divisions:
(1) Aquaculture Management and Development Division;
(2) Inland Fisheries Resource Assessment and Conservation Division;
(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,
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 shall have a Director, two Assistant Directors - one for Product
Standards and Technical Services and the other for Industry Compliance and
Consumer Protection

Under the Assistant Director for Product Standards and Technical Services, the
following shall be Divisions:


(1) Technical Services Division
(2) Fish Processing Technology Division

(3) Standards Development and Promotion Division; and the
(4) Value-added Products Development and Promotion Division

Under the Assistant Director for Industry Compliance and Consumer Protection, the
following shall be the following divisions:

(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
aquatic resources technology, and shall have a development section for all
components including inland and ocean 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 fishing
gears.

It shall be headed by a Director and Ovo Assistant Directors and shall have the
following divisions:
(1) Municipal Fisheries Division;
(2) Commercial Fisheries Division;
(3) Fishing Technology Division; and
(4) High Seas Fisheries Division

(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:

(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;

Construction, acquisition and repair of facilities for production,

processing, storage, transportation, communication, marketing and

such other facilities in support of fisheries; economic activities; High

Seas Fisheries Division;

Working capital for fisheries graduates to enable them to engage in

fisheries-related; (7) 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

the

(8) 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.

6

(6

SECTION 10. Undersecretary for Conservation and Management of
Fisheries and Aquatic Resources. The Undersecretary for Fisheries Conservation
and Management shall assist the Secretary primarily in the development and
implementation of conservation and protection of the fisheries and aquatic resources
industry.

Under the supervision and control of the Undersecretary for 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
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; ji. The Fisheries Air Patrol and Ocean 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 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
fulfilment of the country's obligations under CITES, the Convention on
Biological Diversity and other treaties and intemational agreements.

It shall have the following divisions:

Marine Protected Areas Division;
Marine Wildlife Rescue Centers;
CITES Management Authority;

| Endangered Marine Species Captive Breeding Centers;
Endangered Marine Wildlife Research Center - The 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

£ Biodiversity Division

aece

°


SECTION 11. Undersecretary for Operations. The Undersecretary for
Fisheries Operations shall assist the Secretary in the overall supervision and control
over all regional offices.

Undersecretary for Operations shall have direct control and supervision of the
following units 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
or into the country of these products so 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 the
(4) Regional Fish Health Centers

(b) 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 12. Attached Agencies. The Office of Ocean and Marine Affairs
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
the fisheries or their habitat. It shall coordinate the implementation of fisheries and
ocean sector policies, as well as plans and laws for all maritime components. It shall
be headed by a Director and shall have the following divisions:

(a) Ocean-Use Assessment and Clearance Division;
(b) National and International Ocean Law and Policy Division;


(©) Special Projects Division; and
(@ 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.

The National Fisheries Research and Development Institute (NFRDI) created by
Republic Act No. 8550, as amended, shall also be an attached agency of the
Department of Fisheries and Aquatic Resources, to serve as the primary
research arm thereof. To ensure the independent and objective implementation
of its research activities, the NFRDI shall have a separate budget specific to its
manpower requirements and operations.

SECTION 13. 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.

SECTION 14, Regional Offices and Functions. The Department shall have such
departmentwide 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;

(©) Coordinate with the Regional Office of the other departments, offices and
agencies in the region; and

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

SECTION 15. 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 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 16. 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 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 National Fisheries and Aquatic Resources Management Council created by
Executive Order No. 240 is transferred to the Department.

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 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, 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 LDA 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 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 17. 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 18. 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.

SECTION 19. Appropriations. For the effective implementation of this Act, the
amount of Php5 Billion is hereby appropriated from the 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 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 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. Separability Clause. If any provision of this Act is declared
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.

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

Approved,