Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

6433

House Bill

INTRODUCED BY REPRESENTATIVE SHIRLYN BANAS-NOGRALES
1ST DISTRICT SOUTH COTABATO

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

EXPLANATORY NOTE

‘The Philippines is known as an agricuiturai country. it has a total land area of 30 million hectares
and 47 percent of it is agricultural land. Meanwhile, the Philippines is also surrounded by 220 million
hectares of territorial waters, including the exclusive economic zones, which makes fishing a major
contributor to the economy. In 2018, the foreign trade performance of the Philippine fishery industry
registered a net surplus of 911 million dollars with a total export value of 1,583 million US dollars. Tuna,
seaweed, and shrimp/prawn have been ranked as the top three in export commodity and value
respectively.!

Many Filipinos have turned to fishing and aquaculture for their means of livelihood. Thankfully,
the waters ali over the country are more or less biessed with resources which heip both fisher foik and
consumers. In 2014, there were about 1,614,000 fishers involved in municipal waters up to 15 km offshore,
while 16,500 fishers are involved in commercial fishing operations in waters beyond 15 km.

In 2018, the Autonomous Region for Musiim Mindanao registered the highest production among
all regions with its 899,374 metric tons share to the total fisheries production while this year, General
Santos City landed a total of 210,760.85 metric tons of fish, a dramatic rise by 37 percent, setting a 10-
year record high — the largest spike in frozen fish landings since local tuna manufacturers began importing

+ https://www.bfar.da.gov.ph/publication
? http://www. fao.org/fishery/facp/PHL/en#(CountrySector-SectorSocioEcoContribution


frozen tuna more than a decade ago. It is positive news following the -0.01percent fall of local fish
production. *

Meanwhile, a study made by the United Nations in 2004 wamed about overfishing in the Asian-
Pacific region — the largest producer of both farmed and captured fish accounting to 91 percent and 48
percent respectively. United Nations Food and Agriculture Organization also noted that there have been
changes in the composition of fish resources, with iarger, more vaiuabie fish deciining in number while
smaller fish lower down the food chain has notably increased.* This is why the increased protection of the
Sarangani Bay Seascape is a remarkable move by the government. As of 2017, the bay is home to 84,546
registered fishers with the majority coming from South Cotabato.’ Securing sustainable fishing methods
and protecting the balance of marine ecosystem would ensure the survival of fisherfolk living in the bay.

The Bureau of Fisheries and Aquatic Resources — the key government office responsibie for
sustaining, developing, conserving, and managing the country’s fisheries and aquatic resources, still
remains under the Department of Agriculture. Although the Bureau is sparing no effort to realize its ideals,
elevating its status to a department would further empower and strengthen the sector, which in turn would
support the Filipino people.

With appropriate research and technical proficiency aiong with proper government support and
funding, the Department of Fisheries and Aquatic Resources will propel the fisheries and aquaculture
industry towards a sustainable and stable future.

In view of the foregoing, the immediate passage of this bill is earnestly sought.

ft ;
be SHIRLYN BANAS-NOGRALES,

® https://www.pna.gov-ph/articles/1063873
“‘https://news.un.org/en/story/2004/08/111752-un-warns-overfishing-asia-pacific-threatens-vital-food-and-economic-
resource

55 https://www.seafdec-oceanspartnership.org/wp-content/uploads/USAID-Oceans_Sustainable-Fisheries-Management-
Plan_Sarangani-Bay_March-2019.pdf


Repubiie of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
First Regular Session

- 6433
House Bill No.

INTRODUCED BY REPRESENTATIVE SHIRLYN BANAS-NOGRALES
1ST DISTRICT SOUTH COTABATO

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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

SECTION 2. Declaration of Policy. — It is hereby declared the policy of the State to:

(@) promote the sustainable development and management of all fisheries, marine and aquatic
resources including its exclusive economic zones (EEZs), the adjacent high seas and in coastal and inland
aquatic resources consistent with the objective of maintaining ecological balance, protecting and
enhancing the quality of the environment;

(b) protect the rights of subsistence fishermen, especially local communities, to the preferential
use of the communal marine and fishing resources both inland and offshore.

(©) conserve and protect the nation’s aquatic wealth in its waters, territorial seas, EEZs, and
reserve use and enjoyment exclusive to Filipino citizens.

(@)__ protect fishing communities from the harmful effects of climate change and other natural
or man-made hazards.


(©) ensure sustainable fisheries production with the objective of securing availability of food
staples and achieving food security.

SECTION 3. Creation. — The Department of Fisheries and Aquatic Resources, hereinafter referred
to as the “Department,” is hereby created in accordance with the provisions of this act.

SECTION 4. Jurisdiction of the Department. ~ The Department shall have primary jurisdiction
over the management, conservation, development, protection, utilization, and disposition of all fishery
and aquatic resources of the country, including habitats of fish and all other marine life activities,
excluding municipal waters, which shall remain under the jurisdiction of local government units (LGUs):
Provided, that said LGUs shall manage their respective municipal waters in accordance with national
fishery policies, laws, rules, and regulations, and in a manner consistent with the policies set forth herein.

‘The Department shall have the authority to supervise and regulate the production and capture of
fish and fishery products within its jurisdiction, as well as the processing and marketing of all fisheries
and aquatic products in the country.

‘The Department shall also have the responsibility of rationalizing all ocean sector initiatives which
impact on fish and marine resources of their habitat including, but not limited to: coastal and marine
tourism, shipping lane designation, marine energy exploration and development, and management of
protected areas and marine industry development areas.

SECTION 5. Powers and Functions of the Department. ~ The Department shall exercise the
following powers and functions:

(a) Exercise responsibility and authority over the utilization of the ocean, including its fisheries
and their habitat;
(b) Coordinate and monitor the implementation of fisheries and ocean sectors statutes, policies,

plans, and programs for all maritime components;

(c) Promulgate and enforce fisheries and ocean habitat regulations to clarify and amplify the
aforementioned departmental mandate in accordance with the published fisheries and oceans management

plans;

(d) Issue licenses for the operation of commercial fishing vessels;


(e) Establish and maintain a comprehensive Philippine Fisheries and Aquatic Information System
(PFARIS) which shall function as the primary repository of all information pertaining to fisheries, oceanic
and other aquatic resources, including, but not limited to: fisheries and aquaculture production, domestic
and international fisheries trade, consumption, and utilization of fisheries and other aquatic resources, and
researches on fisheries conservation, production, processing, marketing, and innovations.

( Provide technical and other forms of assistance in the settlement of conflicts arising from the
use and allocation of fisheries and other aquatic resources in consultation with the National Fisheries and
Aquatic Resources Management Council (NFARMC) and LGUs concerned;

(g) Coordinate efforts relating to fishery production undertaken by the primary fishery producers,
LGUs, FARMCs, fishery and organization or cooperatives;

(h) Designate marine protected areas such as marine sanctuaries, marine reserves, and marine parks
pursuant to existing laws, treaties, rules, and regulations;

(i) Issue identification cards free of charge to fishworkers engaged in commercial fishing;

(j) Monitor and review joint fishing agreements between Filipino citizens 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;

(k) Fix, assess, collect, and adjust fees and charges for the use and sale of properties, equipment,
facilities, and service to support the programs and projects of the department.

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

(m) Establish and implement a National Marketing Assistance Program through Philippine
Fisheries Development Authority (PFDA) to ensure the generation of highest possible income for
fisherfolk, and fishery-related enterprises by harmonizing fisheries supply with the demand from domestic
and international markets;

(n) Formulate and enforce a Code of Conduct for Responsible Fisheries an Code of Practice for
Responsible Aquaculture.


(0) Acquire, maintain, operate, purchase, ease, or dispose fisheries equipment and facilities such
as, but not limited to: fish port, shipyard, fishing vessel, fishing gear, refrigerated truck, ice plant, cold
storage, and aquaculture facilities through PFDA;

(p) Impose administrative sanctions for minor infractions in accordance with schedules and limits
as embodied in fisheries laws, rules, and regulations and as agreed upon by the Department of Justice;

(q) Fix, assess, and adjust fees and charges for the use and sale of properties , equipment, facilities,
and services to support the programs and projects of the department;

(r) Provide extensive development support services in all aspects of fisheries production,
processing, and marketing;

(s) Provide advisory services and technical assistance on the improvement of quality of fish from
the time it is caught.

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

(u) Implement the provisions of Republic Act No. 8550 and the relevant provisions of Republic
Act Nos. 8435, 8425, and 9147 and enforce all fisheries laws, miles and regulations through its fisheries
officers and law enforcement agents who shall be vested with full police powers including arrest, search,
and seizure and through deputized government officials and employees , punong-barangays and officers,
and members of fisherfolk associations who have undergone training on law enforcement;

(v) Perform quasi-judicial and allied functions and settle conflicts of resource use and allocation
in consultation with the FARMCs and LGUs;

(w) To perform such other functions as may be necessary to carry out the purposes of this Act or
as may be provided by law.

SECTION 6. Structural Organization. — The department shall be headed by a Secretary. The
Department proper shall be composed of the Office of the Secretary, the Offices of the Undersecretaries
and the assistant secretaries.


SECTION 7. The 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 subject to
the confirmation of the Commission on Appointments, and shall exercise the following duties and
functions:

(a) Exercise supervision and control over all bureaus, institutes, center, and offices under the
Department;

(b) Exercise authority and assume responsibility for the performance of the powers and functions
of the Department;

(©) Provide advice to the President on the promulgation of policies, rules and regulations, and other
matters pertinent to the sustainable development, utilization and management of fisheries and other

aquatic resources;

(d) Establish policies and standards for the efficient and effective operation of the Department in
accordance with established plans, programs, and standards of the Department;

(©) Promulgate rules, regulations, and other issuances to carry out the mandates, objectives, plans,
programs, and projects of the Department;

(f) Perform 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,
who shall be appointed by the President upon the recommendation of the Secretary: Provided, That two
(2) of the assistant secretaries shall be career officers.

SECTION 9. Assistant Secretaries. — The Secretary shall be assisted by three (3) assistant
secretaries who shall be appointed by the President upon the recommendation of the Secretary: Provided,
‘That two (2) of the assistant secretaries shall be career officers.

SECTION 10. Regional Offices.— The Department may establish, operate, and maintain a regional
office in the different administrative regions of the country as may be necessary. Each regional office shall
be headed by a Regional Director, who may be assisted by one (1) Assistant Regional Director. The
Regional Director and Assistant Regional Director shall be appointed by the President upon the
recommendation of the Secretary. The regional offices shall have support staffs as may be necessary to
perform the following duties and functions:


(a) Implement laws, policies, plans, programs, projects, rules and regulations of the Department;

(b) Provide efficient and effective frontline services to the fisheries sector, particularly to

municipal fishermen;

(©) Coordinate with regional offices of other departments, offices, and agencies, as well as with
the LGUs within their respective jurisdictions; and

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

SECTION 11. Qualifications. — No person shall be appointed Secretary, Undersecretary, or
Assistant Secretary of the Department unless the appointee is a citizen and resident of the Philippines, of
good moral character, of proven integrity, and with at least seven (7) years of competence and expertise
in any of the following: biology, ecology, biogeochemistry, biotechnology, marine sciences, limnology,
oceanography, fisheries management or other related disciplines, either in the private or public sector.

No person shall be appointed Director of the Department unless the appointee is a citizen and
resident of the Philippines, of good moral character, of proven integrity, with at least a degree in law or a
graduate degree in biology, ecology, biogeochemistry, biotechnology, marine sciences, limnology,
‘oceanography, fisheries management or other related disciplines, or public administration, and with at
least three (3) years of relevant experience in marine conservation, fisheries management or related fields,
either in private or public sector.

SECTION 12. Abolition, Transfer and Merger of Agencies and Personnel. ~ The Bureau of
Fisheries and Aquatic Resources (BFAR) reconstituted by Republic Act No. 8550, is hereby abolished.
Alll relevant functions. Appropriations, records, properties, equipment, and personnel shall be transferred
to the Department; Provided, That no official or employee of the BFAR shall be separate from the service
in a manner inconsistent with Section 13 of this Act.

The National Fisheries and Aquatic Resources Management Council (NFARMC) created by
Republic Act No. 8550 shall be transferred to the Department; Provided, That an Undersecretary of the
Department shall be appointed as the Chairperson of the NFARMC.

‘The National Fisheries Research and Development Institute (NFRDI) created by Republic Act No.
8550 shall be transferred to the Department and shall serve as the principal research arm of the
Department: Provided, That an Undersecretary of the Department and the Executive Director of the


NFRDI shall be appointed as Chairperson and Vice-Chairperson of the NFRDI Governing Board:
Provided, further, That no official or employee of the NFRDI shall be separated from the service in a
manner inconsistent with Section 13 of this Act.

‘The Philippine Fisheries Development Authority (PFDA) created by Presidential Decree No. 977,
as amended, shall be transferred as an attached government corporation to the Department, including its
relevant functions, appropriations, records, properties, equipment and personnel: Provided, That the
Secretary shall be appointed as the Chairperson of the PFDA Board of Directors; Provided, further, That
no official or employee of the PFDA shall be separated from the service in a manner inconsistent with
Section 13 of this Act.

All other operating units of the Department of Agriculture (DA) with the functions and
responsibilities dealing with fisheries and aquatic resources, including units under its attached agencies
and corporations, are hereby transferred to the Department: Provided, That no official or employee of the
DA shall be separated from the service in a manner inconsistent with Section 13 of this Act.

SECTION 13. Separation and Retirement from Service. — Employees who are separated from the
service within six (6) months from the effectivity of this Act as a result of the consolidation and/or
reorganization under the provisions of this Act shall receive separation benefits to which they may be
entitled under Executive Order No. 366, s. 2004: Provided, That those who are qualified to retire under
existing retirement laws shall be allowed to retire and receive retirement benefits to which they may be
entitled under applicable laws and issuances.

SECTION 14. Organization Structure and Staffing Pattern. — Subject to the approval of the
Department of Budget and Management (DBM), the Department shall determine its organizational
structure and create new bureaus, divisions or units as it may deem necessary, and shall appoint officers
and employees of the Department in accordance with the civil service law, rules, and regulations.

SECTION 15. Transition Period. — The transfer of functions, assets, funds, equipment, properties,
transactions, and personnel of the affected agencies, and the formulation of the internal organic structure,
staffing pattern, operating system, and revised budget of the Department, shall be completed within six
(© months from the effectivity of this Act, during which time, the existing personnel shall continue to
assume their posts in holdover capacities until new appointments are issued: Provided, That the


Department, in coordination with the DBM, shall determine and create new positions, the funding
requirements of which shall not exceed cost of positions that may be abolished or reorganized.

SECTION 16. Appropriations. - The amount needed for the initial implementation of this Act
shall be taken from the current fiscal year’s appropriation of the BFAR and all agencies herein absorbed
by or attached to the Department. Thereafter, the amount needed for the operation and maintenance of the
Department shall be included in the General Appropriations Act.

SECTION 17. Implementing Rules and Regulations. ~ Within sixty (60) days from the effectivity
of this Act, the BFAR, Civil Service Commission (CSC) and DBM shall, in coordination with the DA,
PFDA, NFRDI, NFARMC and other government agencies concerned, promulgate the necessary rules and
regulations to effectively implement the provisions of this Act.

SECTION 18. Separability Clause. ~ If, for any reason, any provision of this Act or any part
thereof shall be held unconstitutional and invalid, the other parts or provisions of this Act, which are not
affected thereby, shall remain in full force and effect.

SECTION 19. Repealing Clause. — All laws, decrees, orders, rules and regulations or parts thereof
inconsistent with any of the provisions of this Act are hereby repealed, amended or modified accordingly.

SECTION 20. Effectivity. — This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation or in the Official Gazette.

Approved,