Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House BILL No._3000

Introduced by REPRESENTATIVE JONATHAN KEITH T. FLORES

EXPLANATORY NOTE

The creation of the Department of Fisheries and Aquatic Resources (DFAR) aligns with lon;
standing calls for a more specialized and science-driven approach to managing the Philippines
rich but vulnerable aquatic ecosystems. Research shows that the country sits at the apex of the
Coral Triangle, recognized as the global center of marine biodiversity. However, overfishing,
habitat degradation, and climate change have placed immense pressure on these resources. Studies
such as Tolentino-Zondervan (2022) highlight that sustainable fishery management is essential not
only for environmental protection but also for achieving socio-economic goals like food security
and poverty alleviation. The DFAR’s mandate reflects these priorities by emphasizing
development, regulation, and conservation in coordination with other agencies and local
government units.

Evidence from community-based fisheries management models in the Philippines suggests that
decentralization and local participation improve compliance and stewardship. The DFAR’s joint
management approach with LGUs for municipal waters is supported by findings that local
governance fosters better resource protection and more equitable benefit-sharing. Moreover, the
department’ role in rationalizing blue economy activities is backed by recent policy studies that
advocate for integrated marine spatial planning and inclusive governance to balance competing
interests—from tourism and energy to biotechnology and conservation.

The proposed Act establishes the Department of Fisheries and Aquatic Resources (DFAR) as the
primary national body tasked with overseeing the development, management, and regulation of
the country’s fisheries and aquatic resources. This includes not only fish and marine life but also
the ecosystems and activities that affect them. The DFAR is mandated to work closely with the
Department of Environment and Natural Resources and other agencies to ensure that its policies
are aligned with national goals for environmental protection and sustainable resource use.

In light of the foregoing, the immediate and favorable passage of this bill is respectfully sought.

1. FLORES
Representatj istrict, Bukidnon


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

TWENTIETH CONGRESS
Firth Regular Session

HOUSE BILLNO. 3029

Introduced by REPRESENTATIVE JONATHAN KEITH T. FLORES

AN ACT
CREATING THE DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES, AND
THE FISHERIES COMMISSION, DEFINING THEIR MANDATES, POWERS AND
FUNCTIONS, AND APPROPRIATING FUNDS THEREFOR

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

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

CHAPTERI
POLICIES AND DEFINITIONS

SEC. 2. Declaration of Policies. — \t is hereby declared the policy of the State to protect
and conserve the nation's marine wealth in its archipelagic waters, territorial sea, and ex
economic zone (EEZ), and reserve their sustainable use and enjoyment exclusively to Fi
citizens.

The State shall promote and ensure the sustainable development and management of all
fisheries and marine resources in Philippine waters, including the FEZ. and in the adjacent high
seas in order to maintain a sound ecological balance, protect and enhance the quality of the
environment, and ensure the country’s food security and fish self-sufficiency.

It shall protect the rights of small-scale fisherfolk in the preferential use of communal
marine, fisheries, and aquatic resources. It shall also be the policy of the State to support private
initiatives in aquaculture and fisheries business ventures both in the production and in the
exportation or importation of fish and fisheries products and by-products. Towards this end,
the State shall provide the fisherfolk, fish farmers, processors of marine products, traders, and
other investors the appropriate technical, financial, entrepreneurial, and other support services in
order to improve fish production, fish security and self-sufficiency, and to uplift the lives of those
dependent on the fisheries industry.

SEC. 3. Creation and Mandate. — To carry out the above-declared policies, there is
hereby created a Department of Fisheries and Aquatic Resources, hereinafter referred to as the
Department.


‘The Department shall have primary jurisdiction over the development, management,
regulation, utilization, and disposition of ail fisheries and aquatic resources of the country,
including the habitats of fish and all other marine life and activities which impact these habitats.
The Department shall coordinate with the Department of Environment and Natural Resources
(DENR) and other appropriate agencies to ensure that its policies are in consonance with national
government policies on the protection, preservation, and conservation of the environment and
natural resources: Provided, That the use of municipal waters for fisheries shall be governed by
Article I of Republic Act No. 8550, otherwise known as the Philippine Fisheries Code of 1998,
as amended, and by Republic Act No. 7160, otherwise known as the Local Government Code, as
amended, and municipal fisherfolk shall retain the right to preferential use of municipal waters
for fisheries: Provided further, that the development and management of municipal waters shall
be undertaken jointly by the Department and local government units (LGUs), while the
regulation and preservation, including the setting of rules, standards, and restrictions on their use,
development, and management, shall be primarily the responsibility of the Department.

The Department shall ensure the equitable sharing of the benefits derived from the
utilization and disposition of fisheries and aquatic resources for the welfare of the present and
future generations of Filipinos.

The Department shall have the responsibility of rationalizing all blue economy activities or
initiatives which impact fisheries and aquatic resources including processing; marine resource
utilization and development such as biotechnology and bioprospecting, seaweed farming or
harvesting; protection of marine ecosystems such as coral reefs; mangroves preservation; coastal
protection; marine protected areas; promotion and regulation of coastal and marine tourism;
marine energy exploration and development; marine scientific research; and other areas of
marine industry development. The regulation of these marine activities, once rationalized by the
Department, shall be exercised by the parent agency for the appropriate sector involved.

SEC. 4. Definition of Terms. — As used in this Act:

(a) Aquaculture refers to the fisheries operations involving all forms of raising and
culturing fish and other fishery species in fresh, brackish, and marine water areas,
including hatcheries and nurseries, and aquatic feed production;

(b) Aquatic Resources refer to the living resources in freshwater, brackish water, and
marine waters, including fish, all other aquatic flora and fauna, and other living
resources of the aquatic environment, including but not limited to salt and corals;

(©) Archipelagic Waters refer to the waters enclosed by the archipelagic baselines drawn
in accordance with Article 47 of the United Nations Convention on the Law of the
Seas (UNCLOS), described as archipelagie waters, regardless of their depth or
distance from the coast as contemplated in Article 49 (1) of the UNCLOS;

(4) Blue Economy refers to the sustainable use of ocean resources for economic growth,
improved livelihood and employment, while preserving the health of the ocean
ecosystem. It takes into account the overall contribution of the oceans to economies,
the need to address the environmental and ecological sustainability of the oceans and
the ocean economy as a growth opportunity for human development, social equity,
and ecological well-being;

(©) Blue Economy Initiatives or Activities refer to traditional ocean activities such as
fisheries, tourism, maritime transport, and waste management, including emerging
industries such as renewable energy, aquaculture, seabed extractive activities, and
marine biotechnology and bioprospecting. Blue economy activities also include
ocean ecosystem services not captured by the market but provide significant
contribution to economic and human activity such as carbon sequestration, coastal


(g)

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protection, ecosystem preservation, management of marine pollution, waste disposal,
and the existence of biodiversity;

Code refers to Republic Act Number 8550, otherwise known as the Philippine
Fisheries Code of 1998, as amended by Republic Act Number 10654;

Commercial Fishing refers to the taking of fishery species by passive or active gear
for trade, business & profit beyond subsistence or sports fishing, to be further
classified as:

(1) Small scale commercial fishing - fishing with passive or active gear utilizing
fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;

(2) Medium scale commercial fishing - fishing utilizing active gears and vessels of
20.1 GT up to one hundred fifty (150) GT; and

(3) Large commercial fishing - fishing utilizing active gears and vessels of more
than one hundred fifty (150) GT.

Fisheries refers to all activities relating to the act or business of fishing, culturing,
preserving, processing, marketing, developing, conserving, and managing aquatic
resources and the fishery areas, including the privilege to fish or take aquatic
resources therefrom;

Fisheries Commission refers to the Commission created under this Act, an
independent, regulatory and oversight body exercising quasi-judicial functions or
administrative adjudication over matters related to fisheries, as defined under this
Act;

Fisheries Attaché refers to a diplomat who collects, analyzes, and acts on
information on fisheries and other related spheres in a foreign country or countries;

Fishery Management Areas refers to delineated bodies of water in the Philippines
based on an approximation of fish stocks and their boundaries, range and distribution
and other considerations for the purpose of fisheries management or governance that
is science-based, participatory, and transparent, and applying the ecosystem approach
to fisheries management.

Food Security refers to a situation that exists when all people, at all times, have
physical, social, and economic access to sufficient, safe, and nutritious food that
meets their food preferences and dietary needs for an active and healthy life;

CHAPTER II
THE DEPARTMENT

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

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(b)

Formulate and implement short-term, medium-term and long-term Comprehensive
National Fisheries Industry Development Plans (CNFIDP) pursuant to R.A. No.
8850, as amended, for the efficient and economic operations of the fishing industries,
in accordance with the objectives of food security and rational and sustainable
development, consistent with the development framework of the National Economic
and Development Authority (NEDA);

Formulate and implement a Comprehensive Fisheries Research and Development
Program such as sea farming, sea ranching, and tropical or ornamental fish and

3


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seaweed culture, aimed at increasing resource productivity, improving resource use
efficiency, and ensuring the long-term sustainability of the country's fisheries and
aquatic resources;

Establish and implement a National Marketing Assistance Program aimed at ensuring
the generation of the highest possible income for fisherfolk and fisheries- related
enterprises, and matching supply and demand in both domestic and foreign markets;

Establish and maintain a Philippine Fisheries and Aquatic Resources Information
System (PFARIS) that will function as the principal repository and information
server of all aquacultures, fisheries, and marine resources and their habitats, all
matters pertaining to aquaculture and fisheries production, processing, distribution,
marketing, policies, and research results and technological advancements;

Create a Fisheries National Administrative Register under the PFARIS which shall be
accessible online. all decisions, resolutions, or orders involving violations of the
Code, particularly serious violations committed by Philippine flagged vessels or by
Philippine nationals and cases on poaching or involving foreigners, including the
penalties imposed shall be uploaded.

Conduct complete resource inventory and monitoring for strategic planning and
programming as well as evaluation and assessment of key initiatives to ensure
increased productivity of the fisheries sector, promote sustainability, conservation, and
protection efforts;

Develop value-added fisheries products for export and domestic consumption;

Promote international economic and technical cooperation in the fisheries and ocean
sectors and in integrated oceans management, especially within the ASEAN region;

Appoint Fisheries Attachés in strategic countries to promote and engage in economic
and trade cooperation including negotiating bilateral and multilateral trade
agreements, promoting the exports of fish and fisheries products, and facilitating
professional contacts, exchanges, and technology transfer;

Enter into contracts, joint venture agreements, public-private partnerships and such
other memoranda of agreements or understanding, either domestic or foreign, under
such terms and conditions as the Department may deem proper and reasonable and
subject to existing laws;

Receive, take and hold by bequest, device, gifi, purchase or lease, either absolutely or
in trust for any of its purposes from foreign and domestic sources, any asset, grant or
property, real or personal, subject to such limitations as are provided under existing
laws and regulations;

Monitor the implementation of 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 commitments under treaties or international
agreements to which the Philippines is a party thereto;

Formulate planning and investment policy for blue economy initiatives or activities,
including identification of development, production, and protected areas, and marine
spatial plans;

Develop other blue economy initiatives to conserve, protect, or hamess marine and
coastal resources and ecosystems;


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Prescribe rules, regulations, procedures, and guidelines concerning the classification,
establishment, construction, maintenance and operation of blue economy initiatives
or activities.

Provide development support services to fishermen and organizations of fishermen as
well as those involved in all aspects of fisheries production, including processing and
marketing, in collaboration with LGUs and related agencies;

Provide advisory services and technical assistance to the LGUs in developing their
technical capability in the development, management, regulation, conservation, and
protection of the fisheries resources and in the improvement of quality of fish from
the time they are caught on-board fishing vessels, at landing areas, in fish markets, to
the processing plants, and to the distribution and marketing chain;

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

Coordinate with LGUs and other concerned agencies for the establishment of
inclusive productivity enhancing and market development programs in fishing
communities to enable women and youth to engage in fisheries or other economic
activities and contribute significantly to development efforts;

Establish and administer a fisheries modernization credit program to fisheries
projects of fisherfolk, fish farmers, fish processors, commercial fishers, and other
qualified borrowers;

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

Fix, assess and collect reasonable fees, tolls, charges, and rentals, 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;

Provide through the PFDA infrastructure support such as municipal fishing ports and
markets, farm-to-market roads, quality laboratories in fish ports, marketing
facilities, local fisheries ship-building and repair facilities, and post-harvest facilities,
in cooperation with concerned agencies;

Conserve, protect, and rehabilitate rare, threatened and endangered aquatic species as
it may determine, including their habitats and designate marine and other aquatic
areas as protected areas for the special purposes stated in the notice of declaration in
compliance with the relevant provisions of international treaties and agreements such
as, the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES), United Nations Convention on the Law of the Sea (UNCLOS), and
Convention on Biological Diversity (CBD);

Adopt and implement a national plan of action to manage fishing capacity,
implement the Code of Practice for Aquaculture and the Code of Conduct for
Responsible Fisheries; and determine and declare fishery management areas as over-
exploited in coordination with the LGUs and FARMCs;

Formulate policies for the conservation and management of straddling fish stocks,
highly migratory fish stocks and threatened living marine resources such as sharks,
rays and ludong, inter alia, in the Philippine Exclusive Economic Zone, territorial
sea, archipelagic and intemal waters, in coordination with LGUs and

5


(aa

(bb)

(ec)

(dd)

(ee)

integrated/municipal or city Fisheries and Aquatic Resources Management Councils
(FARMCs);

Enforce all fisheries laws, rules and regulations through its fishery officers and
guardians, deputized government officials and employees, punong barangays and
officers, and members of fisherfolk associations who have undergone training on law
enforcement; and seek the assistance of other law enforcement agencies for the
efficient and effective implementation of this Act.

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 sustainably
utilized and managed;

Establish a corps of technical specialists in collaboration with the Department of
National Defense, Department of the Interior and Local Government, and the
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;

Issue identification cards free of charge to fish workers engaged in commercial
fishing;

Issue licenses for the operation of commercial fishing vessels;
Exercise jurisdiction over all Philippine flagged fishing vessels operating in areas

governed by a Regional Fisheries Management Organization (RFMO) in the high
seas, or in waters of other coastal states;

(eg) 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;

(hh) Implement boarding and inspection protocols upon Philippine flagged fishing vessels

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in order to promote observance to international treaty obligations on food safety, to
curb illegal, unreported and unregulated fishing (IUUF), and to comply with
conservation and management measures;

Determine the appropriate levels of administrative and other sanctions concerning
violations of fisheries laws, rules and regulations, particularly for serious violations
that deprive offenders of economic benefits;

Perform quasi-judicial function or administrative adjudication under Chapter Ill of
this Act, and settle conflicts of resource use and allocation in consultation with the
NFARMC, LGUs and local FARMCs;

Oversee the country’s Fisheries Management Areas which shall be managed by FMA
Boards. The FMA Boards shall have rule-making, enforcement and quasi- judicial
powers in their respective jurisdiction. Decisions of FMA Boards shall be appealed to
the Fisheries Commission.

(1) Issue rules, regulations and guidelines for the protection and promotion of aquaculture,

fisheries, marine and aquatic resources of the country, including the habitats of fish
and all other marine life and over activities, which impact on these habitats; and


(mm) Perform such other powers and functions which are necessary and relevant in order to
achieve its mandate.

SEC. 6. Structural Organization. —‘The Department shall consist of the Office of the
Secretary and two (2) Undersecretaries supported by five (5) Assistant Secretaries.

‘The Department shall be supported by bureaus, divisions, services, and institutes.

SEC. 7. Secretary of the Department. — The Secretary of Fisheries and Aquatic
Resources, hereinafter referred to as the Secretary, shall be appointed by the President of the
Philippines subject to confirmation by the Commission on Appointments.

SEC. 8. Powers and Functions of the Secretary. — The Secretary shall:
(a) _ Ensure that the mandate of the Department is achieved;

(b) Exercise supervision and control over the Department, its Bureaus, Offices, Services,
and Institutes to ensure the effective performance of the powers and functions of the
office;

(©) Advise the President on the policies, rules and regulations, and other issuance
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;

(©) Promulgate rules and 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.

SEC. 9. Undersecretaries. - The Secretary shall be assisted by two (2) Undersecretaries,
specifically the Undersecretary for Development responsible for policy and planning, operations
and technical services, fisheries protection, conservation and sustainable development, and
Undersecretary for Regulations and Enforcement, who shall be appointed by the President upon
the recommendation of the Secretary.

The Undersecretaries shall assist the Secretary in the exercise of the Department's mandate
and in the discharge of its powers and functions such as:

(a) Provide periodic reports and advice to the Secretary on the plans and programs of
their offices and the respective functions under their defined areas of responsibility,
and recommend measures towards greater effectiveness and efficiency;

(b) Exercise delegated authority, to the extent granted by the Secretary, on matters
related to the functions and activities of the units under their defined areas of
responsibility; and

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

SEC. 10. Undersecretary for Development. - The Undersecretary for Development shall
provide policy advice to the Secretary and shall be responsible for the development of national
aquaculture and fisheries policies and their integration and translation into the Comprehensive
National Fisheries Industry Development Plan (CNFIDP), promotion of aquaculture and
fisheries production, development and implementation of conservation, protection and


sustainability efforts of the department, and provide periodic public reports of the achievements
in aquaculture and fisheries. The Undersecretary shall:

(a)
(b)

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Evaluate international developments and assess their potential impact on Philippine
fisheries;

Be responsible for developing and managing bilateral and multilateral affairs of the
department, including trade, investment, and cooperation agreement negotiations and
the coordination of their implementation;

Advocate for the Philippine fisheries and aquatic resources agenda in international
organizations and bodies;

Lead in the development of national aquaculture and fisheries plans and budgets
consistent with national policies; develop institutional mechanisms for periodic
program assessment, and identify, develop and package development projects for
implementation;

Develop and implement reliable and cost-effective information and communication
technology systems;

Establish and maintain the Philippine fisheries and aquatic resources information
system which shall be the principal depository and information server of all
aquaculture and fisheries-related information in the country;

Assist the fisheries industries in the translation and implementation of the CNFIDP
into operational plans and programs as well as appropriate technologies;

Develop a framework of cooperation and linkages with regional development
councils, LGUs and national agencies in the management of the aquaculture,
fisheries, and marine sectors;

Assist primarily, the secretary in supervising the operations of the regional offices;
Lead in the conduct of scientific research on the proper strategies for the conservation
and protection of marine wildlife and their habitat including breeding and
propagation; and

Have the authority to issue CITES permits and shall both be the CITES management
and scientific authorities of the Philippines.

SEC. 11. Undersecretary for Regulations and Enforcement. — The Undersecretary for
Regulations and Enforcement shall assist the Secretary in performing the regulatory functions of
the Department. The Undersecretary shall:

(a)

(b)

Exercise supervision and control of fisheries 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;

Exercise quasi-judicial functions to resolve and settle conflicts on the allocation and
use of resources in consultation with the Fisheries Commission and LGUs; and
institutionalize a monitoring control and surveillance system to ensure that fisheries,
aquatic, and marine resource are utilized and managed on a sustainable basis.

SEC. 12. Assistant Secretaries. — The Secretary shall be assisted by five (5) Assistant
Secretaries who shall be appointed by the President upon the recommendation of the Secretary.

SEC. 13. Functions of the Assistant Secretaries. — Each of the two (2) Undersecretaries
shall be assisted by two (2) Assistant Secretaries who shall have the following functions:

(a)

)

Provide periodic reports and advice to the Undersecretary on the programs and
offices under their defined and designated areas of responsibility and recommend
measures towards greater effectiveness and efficiency;

Exercise supervision and control over the programs, budget, officers and personnel of
the offices, services, operating units under their defined and designated areas of
responsibility;


(©) Exercise delegated authority, to the extent granted or delegated by the Secretary, on
matters related to the functions and activities of the units under their defined areas of
responsibility;

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

‘The fifth Assistant Secretary shall be in charge of the Finance and Administrative Support
Services of the Department.

SEC. 14. Qualifications and Appointment. - No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless a Filipino citizen and a resident
of the Philippines, of good moral character, of proven integrity, and with at least five (5) years
significant experience in the fishing sector.

The Secretary, Undersecretary, and Assistant Secretary shall be appointed by the President
of the Philippines in the manner prescribed by law.

The Bureau Director, Assistant Bureau Director, Regional Executive Director, or Assistant
Regional Executive Director shall be appointed by the President upon the recommendation of the
Secretary.

Alll other officials and employees of the Department shall be appointed in accordance with
the Civil Service law, rules, and regulations.

See. 15. Regional, Provincial, and Municipal Offices and Functions. —1n the same
manner as mandated in Section 66 of Republic Act No. 8550, as amended, otherwise known as
“The Philippine Fisheries Code of 1998”, by Republic Act No. 10654 entitled, An Act To
Prevent, Deter And Eliminate Illegal, Unreported And Unregulated Fishing, Amending Republic
‘Act No. 8550, Otherwise Known As “The Philippine Fisheries Code Of 1998,” And For Other
hereinafter referred to as the Code, the Department shall establish regional, provincial
cipal offices as may be appropriate and necessary to carry out effectively and efficiently
the provisions of this Code.

Each regional office shall be headed by a regional executive director, who shall be assisted
by an assistant regional executive director. Each regional office shall have support staff and line
divisions as may be necessary which shall have the following duties and responsibilities:

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

(b) implement 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

(d) perform other functions as may be provided by law or assigned by the Secretary.
CHAPTER Il
FISHERIES COMMISSION

SEC. 16. Fisheries Commission. — The Department is hereby empowered to hear and
decide cases and impose administrative fines and penalties provided in the Fisheries Code, as
amended, and other fisheries laws, rules, and regulations.

For this purpose, the Department shall organize a Fisheries Commission, hereinafter
referred to as the Commission, an independent, regulatory and oversight body exercising quasi-
judicial functions or administrative adjudication. The Commission shall be fiscally attached to

9


the Department for policy and program coordination.

Parties to commercial fisheries-related disputes may also mutually and voluntarily seek
arbitration from the Fisheries Commission for other fisheries-related disputes where the Fisheries
Commission does not have automatic jurisdiction: Provided, that the arbitration of the Fisheries
Commission on such disputes shall be binding on the parties that sought its arbitration.

SEC. 17. Organizational Structure. —

(a) Composition, Qualification, and Tenure - The Commission shall be composed of a
Chairperson and four (4) members to be appointed by the President of the Philippines
who shall be natural-born citizens and residents of the Philippines, persons of good
moral character, and of recognized competence. Except for the Chairperson, the four
(4) members of the Commission shall serve for a non-renewable term of six (6)
years: Provided, That any member whose term has expired as specified herein shall
serve as such until a successor shall have been appointed and qualified: Provided
further, That any appointment to fill a vacancy in the Commission arising from
death, removal, retirement or resignation shall be made only for the unexpired term:
Provided finally, That in no case shall any member serve for more than six (6) years
in the Commission.

(b) Meetings, Quorum, and Voting Requirements - The Commission shall meet as often as
may be necessary on such day or days as the Chairperson may fix. The presence of at
least four (4) members of the Commission shall constitute a quorum, which shall be
necessary for the transaction of any business. The affirmative vote of majority of the
members of the Commission where a quorum is present shall be necessary for the
adoption of any order, resolution, decisions, or other act of the Commission in the
exercise of its quasi-judicial functions: Provided, That in promulgating rules,
regulations, guidelines and in exercising its quasi-legislative functions, an affirmative
vote of four (4) members shall be required.

(©) Organization of the Commission. - The Chairperson of the Commission shall exercise
general executive control and supervision over the Commission and its members,
staff and personnel, agents and representatives. Within three (3) months from the
creation of the Commission and the appointment of all Members of the Commission,
the Chairperson shall determine and establish the organizational structure and
plantilla positions necessary to carry out the powers and functions of the
Commission subject to the review and approval of the Department of Budget and
Management (DBM). The plantilla positions of the Commission shall be filled by
regular appointments in accordance with Civil Service laws, rules, and regulations.
Members of the Commission shall enjoy security of tenure and shall not be
suspended or removed from office except for just cause as specified by law.

SEC. 18, Secretariat. - The Commission shall be provided with a Secretariat to render
technical and support services and shall be headed by an Executive Director who shall:

(a) implement effectively the policies, plans, programs, rules, regulations and directives
of the Commission;

(b) coordinate and supervise the activities of the different operating units under the
Commission;

(©) keep and maintain the official records of the Commission, and render a report on the
proceedings of the Commission;

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(@) administer oaths in all matters falling within the jurisdiction of the Commission; and
(©) _ perform such functions as may be assigned by the Chairperson or other members of
the Commission.

SEC. 19. Compensation and Other Emoluments. — The compensation of the members of
the Commission and its staff shall conform to the provisions of RA 6758, as amended, otherwise
known as the Compensation and Position Classification Act of 1989, as amended, and other
relevant laws.

SEC. 20. Powers and Functions. - The Commission shall exercise the following powers

and functions:

(@) Exercise exclusive authority and original jurisdiction to hear and decide cases
involving violations of the Code, and other fisheries laws, rules, and regulations;

(b) Issue and promulgate rules, regulations and guidelines as may be necessary to
implement and enforce the powers and functions of the Commission;

(©) Fix reasonable fees, and impose administrative fines and surcharges as may be
necessary for achieving the purposes, powers and functions of the Commission;

(d) _ Issue and review licenses authorizing the operation of commercial vessels;

(©) _ Impose penalties and fines against any licensee or against its owners, officers, agents
or representatives for any violation of this Act or of the license, order, rule regulation
or requirement issued by the Commission;

(f)  Promulgate rules and regulations for the conduct of administrative adjudication,
voluntary arbitration, and the disposition of confiscated catch, gears, equipment, and
other paraphernalia;

(g) Issue notice of violation and order the confiscation of any fish, fishery species or
aquatic resources illegally caught, taken, or gathered, and all equipment,
paraphernalia, and gears in favor of the Department, academic institutions or LGUs
and to dispose of the same in accordance with pertinent laws, rules, regulations, and
policies on the matter;

(h) Issue cease and desist orders upon violators and to summarily eject, without the
necessity of judicial order, the holder of a Fishpond Lease Agreement (FLA), other
tenurial instrument, permit or license from areas of the public domain covered by
such FLA, tenurial instrument, permit or license, subject to the requirements of
administrative due process;

() Issue subpoena duces tecum and subpoena ad testificandum in administrative cases
before it;

() Exercise power to cite any person in contempt for failure to comply with its lawful
orders, subpoenas, or other directives, or for any act obstructing the performance of
its functions;

(k) Review contracts, joint ventures agreements, public-private partnership, and other
memoranda of agreements or understanding, either domestic or foreign entered into
by the Department upon petition or motu propio when public interest so dictates; and

() Perform such other incidental powers and functions as may be necessary to attain the
objectives of this Act.

Sec. 21. Appeal of the Decision of the Commission. — Except for cases initiated by the
Secretary, the decision of the Commission may be appealed to the Secretary of the Department
within thirty (30) days from receipt by the parties of the decision. The cases initiated by the
Secretary shall be directly appealed to the Office of the President.

SEC. 22. Commencement of Summary Administrative Action. — The Secretary, on his
own instance, or upon the filing of a verified complaint by any person, shall institute

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administrative proceedings with the Commission against any person who violates the Philippine
Fisheries Code of 1998, as amended, and other fisheries laws, rules, and regulations.

SEC. 23. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary
Injunctions, and Preliminary Mandatory Injunctions. — No injunction ot restraining order
from the Municipal Trial Courts and Regional Trial Courts shall lie against the decision of the
Commission.

SEC. 24. Accompanying Administrative Sanctions for Serious Violations. — The
Commission may impose the following additional sanctions to the administrative penalties
imposed for serious violations:

(a) confiscation of fishing gear;

(b) impoundment of fishing vessel;

(c) temporary suspension or permanent revocation of license or permit;

(d) temporary or permanent ban from the availment of applicable duty and tax rebates;
(©) _ inclusion in the illegal, unreported, and unregulated (IUU) fishing vessel list;

(6) denial of entry and other port services;

(g) blacklisting; and

(h) _ increase in the amount of fines but not to exceed five (5) times the value of the catch.

In case of repeated violations within a five-year period, the amount of fine may be
increased up to eight (8) times the value of the catch.

During the pendency of the administrative case, the Commission may order to impound the
vessel or conveyance, gear, and other paraphernalia used in the commission of the offense. In
applying these accompanying sanctions, the Commission shall take into account the seriousness
of the violation as defined in Paragraph 82 of Section 4 of the Code, the habituality or repetition
of violation, manner of commission of the offense, severity of the impact on the fishery resources
and habitat, socioeconomic impact, cases of concealment or destruction of evidence, eluding
arrest, resisting lawful orders, and other analogous circumstances. The overall level of sanctions
and accompanying sanctions shall be calculated in a manner that is proportionate, effective, and
dissuasive to deprive the offender of the economic benefits derived from the serious violation.

Fines and penalties imposed pursuant to the Code shall constitute a lien upon the personal
and immovable properties of the violator.

In case the offender is a municipal fisher or lacks property for the imposed fines,
‘community service may be rendered in lieu of the fine. The Commission shall issue rules and
regulations ensuring the service aligns with the community's needs, where the offense occurred,
and is calculated based on the fine and prevailing minimum wage.

SEC. 25. Fisheries National Administrative Register. — The Commission shall regularly
update the Fisheries National Administrative Register. All information on decisions, resolutions,
or orders involving violations of the Code, particularly serious violations committed by
Philippine flagged vessels or by Philippine nationals and cases on poaching or involving
foreigners, including the penalties imposed shall be uploaded and kept current.

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(b)

CHAPTER IV
ABOLITION, TRANSFER, AND ATTACHMENT

SEC. 26. (a) Abolition — (a) The following offices shall be abolished:

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The Bureau of Fisheries and Aquatic Resources (BFAR) that was reconstituted under
Republic Act No. 8550, as amended by Republic Act No. 10654, is hereby abolished
and its relevant functions, appropriations, records, properties, equipment and
personnel are hereby transferred to the Department: Provided, however, That no
official or employee of the BFAR shall be demoted or laid off in the implementation
of this Section.

The position of Undersecretary for Fisheries and Aquatic Resources in the
Department of Agriculture (DA) created under Section 63 of Republic Act No. 8350
is hereby abolished.

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, and all its personnel, records, appropriations, property, and equipment
are hereby subsumed and transferred to the Department.

The following offices shall be transferred to the Department:

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The advisory functions of the National Fisheries and Aquatic Resources Management
Council created by Republic Act No. 8550, as amended by Republic Act No. 10654
shall be transferred to the Office of the Secretary of the Department.

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

The Marine Research and Conservation Division and the different sections and the
Coastal Environment Program of the DA 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 (DENR), and
all fisheries related functions under Executive Order No. 192, s. 1987 entitled,
“Providing For The Reorganization Of The Department Of Environment, Energy And
Natural Resources; Renaming It As The Department Of Environment And Natural
Resources, And For Other Purposes” And Executive Order No 292 s.1987 entitled
Instituting The “Administrative Code of 1987”, except the functions of the
enforcement of water pollution laws, rules, and regulations, are hereby transferred to
the Department.

The Fisheries Technology Centers and Outreach Stations of the Department of
Agriculture shall be transferred to the Department which shall function as the
research and testing centers for new technologies and shall provide extension
services and technology transfer at the field levels.

() The following offices shall be attached to the Department:

a

‘The National Fisheries Research and Development Institute (NFRDI) created under
Republic Act No. 8550, as amended, shall be attached to the Department of Fisheries
and Aquatic Resources, to serve as its primary research arm.

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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.

(2) The Philippine Fisheries Development Authority created under Presidential Decree
No. 977, s. 1976 entitled, “Creating The Philippine Fish Marketing Authority,
Defining Its Functions And Powers, And For Other Purposes”, including its relevant
functions, appropriations, records, properties, equipment and personnel, is hereby
attached to the Department: Provided, however, That the Secretary of the Department
shall be the new Chairperson of the PFDA Board: Provided, further, That no official
or employee of the PFDA shall be demoted or laid off in the implementation of this
Section.

(3) The Philippine Technical and Advisory Committee of the Southeast Asian Fisheries
Development Center, Aquaculture Department (SEAFDEC/AQD) created under
Executive Order No. 834, s. 1982 entitled, “Creating A National Board On The
SEAFDEC Aquaculture Department Programs, Budget And Operations”, including
its relevant functions, appropriations, records, properties, equipment, and personnel,
is hereby attached to the Department: Provided, That no official or employce of the
Board shall be removed in the implementation of this section.

SEC, 27. Transitory Provisions. — In accomplishing the acts of organizing the
Department as herein prescribed, the provision of Republic Act No. 6656 or the Government
Reorganization Law, shall be complied with, particularly:

(a) The transfer of a government unit or agency shall include the function, appropriations,
funds, records, equipment, facilities, choses 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 change of agency management, choses
in action, rights, and other assets as may be necessary to the proper discharge of the
transferred functions. Its personne! shall, pending complete transfer, continue to
perform their duties and responsibilities.

(c) The transfer of functions which results in the change of agency management, choses
in action, rights, and other assets as may be necessary to the proper discharge of the
transferred functions. Its personnel shall, pending complete transfer, continue to
perform their duties and responsibilities.

SEC. 28. Absorption, Separation and Retirement from Service. — The existing
employees of the transferred, consolidated, and merged agencies under this Act shall enjoy
security of tenure and shall be absorbed by the Department, in accordance with their staffing
patterns and the selection process as prescribed under Republic Act. No. 6656 or the
Government Reorganization Law.

Employees who are affected by the creation of the Department and are separated from
service within six (6) months from the effectivity of this Act as a result of the organization and
reorganization under this Act, shall receive separation benefits under Republic Act No. 6656, ot
the Government Reorganization Law, and other applicable Civil Service Law, rules and
regulations: Provided, That those who are qualified to retire and receive retirement benefits
under existing retirement laws shall be allowed to retire.

SEC. 29. Structure and Staffing Pattern. — Subject to the approval of the Department
of Budget and Management (DBM), the Department shall determine its organizational structure

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and create new divisions or units as it may deem necessary, and shall appoint officers and
employees of the Department in accordance with Civil Service laws, rules, and regulations.
Republic Act No. 6656 or the Govemment Reorganization Law shall govern the reorganization of
the Department, and the reorganization of affected agencies.

SEC. 30. Appropriations. — The amount needed for the initial implementation of this
Act shall be taken from the current year's appropriations of the agencies, entities, divisions,
sections or bodies abolished or transferred to the Department by virtue of this Act. Thereafter,
such sums as may be necessary for its continued implementation shall be included in the annual
General Appropriations Act.

SEC. 31. Implementing Rules and Regulations. — The Secretary of the Department of
Fisheries and Aquatic Resources, in consultation with concerned government agencies and
stakeholders including the Presidential Legislative Liaison Office and the members of the
academe and the fishing industry, shall formulate rules and regulations for the full
implementation of this Act within one hundred twenty (120) days from the effectivity of this
Act. Such rules and regulations shall take effect upon publication in a newspaper of general
circulation.

SEC. 32. Separability Clause. — If any portion or provision of this Act is declared
unconstitutional or invalid, the other portions or provisions hereof, which are not affected
thereby, shall continue in full force and effect.

SEC. 33. Repealing Clause. — Sections 130-140 of Republic Act No. 8550,
as amended by Republic Act No. 10654 are hereby repealed. All other laws, decrees, orders,
rules and regulations or parts thereof inconsistent with the Act or rules and regulations
promulgated pursuant thereto are hereby repealed or amended accordingly.

SEC. 34. Effectivity. — This Act shall take effect fifteen (15) days after publication in
the official gazette or in newspaper of national circulation.

‘Approved,

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