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

TWENTIETH CONGRESS
First Regular Session

.
House Bill No, 1753

INTRODUCED BY HONORABLE JANICE V. DEGAMO.

EXPLANATORY NOTE

Asan archipelagic country, the Philippines’ history and continuing existence is
inextricably tied to its coasts, internal waters, and the marine bodies that surround it.
Our territorial waters consist of 2,200,000 square kilometers including our Exclusive
Economic Zone (EEZ), shelf areas, and coral reef areas, while our country’s inland
resources total to 646,336 hectares, including swamplands, existing fishponds, and
other inland resources.

With 429 fishing ports and 821 commercial ports scattered across the
Philippines, it cannot be denied that fisheries and aquatic resources are a critical part
of many, if not all, of its regional economies. As of 2018, 927,612 Filipinos
reportedly rely on capture fishing. Thus, it is safe to say that our national economy,
not to mention a significant number of our population, largely depends on fisheries,
marine, and aquatic populations for sustenance and survival.

More than its profound significance to our economy and national identity,
however, the fisheries, aquatic, and marine resources industry is a pool of potential for
national economic development and global competitiveness. In 2018, the Philippines
ranked I lth in marine capture worldwide, accounting for 2% of the world’s total
marine capture production and 1% of global inland capture production.

Pre-pandemic data from 2019 reports that the country produced 4.415 million
metric tons of fisheries production, amounting to P281,652 Billion. 53.42% of that
total number came from aquaculture, 25.49% from municipal fisheries, and 21.10%
from commercial fisheries. In February 2022 alone, with the recent lifting of closed
fishing season in various major fishing grounds, Philippine Fisheries Development
‘Authority (PFDA) Regional Fish Ports (RFP) recorded 43,568.27 metric tons (MT) of
fish and fishery products.

It is thus incumbent upon the State to ensure that such a critical area of the
mntry’s wealth and natural resources is utilized to primarily serve the interest of the
Filipino people: by ensuring that marine and inland aquatic resources help ensure
local food security and local employment and by ensuring that our industry remains
globally competitive in terms of technology, efficiency, and sustainability. It is also
the responsibility of the State that such resources be protected and reasonably



conserved for the enjoyment of future generations, even as we use such resources to
supply present needs.

Achieving these goals of equal and significant importance is a matter which
requires the independence, expertise, and resources of a stand-alone National
Government Agency established for such a purpose. The establishment of such an
institution is the Spirit of this Bill, the goal of which has been shared by similar Bills
from previous iterations of the Esteemed Representatives of this House.

Truly, the establishment of an empowered and independent Department of
Fisheries and Aquatic Resources has been long overdue. As we empower the People’s
collective will to become better stewards of our Common Home, it is also our hope
that in the process, we also alleviate poverty for all members of the fisheries and
aquatic resources sector, especially those who are the most vulnerable and most
dependent on our coasts and waters.

With the help of my fellow Representatives, as well as like-minded Legislators
in the Senate, our Office is confident that we can awaken and realize the promise and
potential of these Blessed Waters we were given as a Nation.

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

Representat{ve, 37% District of Negros Oriental


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

TWENTIETH CONGRESS
First Regular Session

House Bill No, 1753

Introduced by HONORABLE JANICE V. DEGAMO-

AN ACT
CREATING THE DEPARTMENT OF FISHERIES AND AQUATIC
RESOURCES, PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES

Be it enacted by the Senate and the 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 Policies. It shall be the policy of the State to:

(a) Promote the sustainable development and management of all fisheries, marine
and aquatic resources, ensuring a steady and sufficient supply of fish, and other
fishery products, primarily for local demand and supplementarily for the global
market;

(b) Promote the country’s food security and the industry’s competitiveness in the
global economy, using both market-oriented and people-centered policies in order
to provide an efficient and effective means of livelihood while upholding the
integrity of the environment and its profound importance to human society;

(©) Maintain in Philippine waters including its exclusive economic zone (EEZ)
and in the adjacent high seas, the integrity of ecosystems and sustainability in the
utilization of all fisheries, marine and aquatic resources, reserving the primary
enjoyment of marine wealth in the country’s archipelagic waters, territorial sea
and EEZ exclusively to Filipino citizens;

(d) spearhead the modernization of the fisheries sector in a technology-based
industry through the discovery and utilization of scientific and technological
breakthroughs and best practices, including the provision of appropriate technical
and financial support to all members of the fisheries sector so that they may
sustainably cultivate marine resources; and

(c) empower members of the fisheries sector to participate and share in the fruits
of development and growth in a manner that enables social mobility and greater


financial independence, including the protection of the rights of small-scale
fishermen in the preferential use of communal marine, fisheries and aquatic
resources.

Section 3. Creation of the Department. To carry out the foregoing policy, the
Department of Fisheries and Aquatic Resources is hereby created structurally and
functionally in accordance with the provisions of this Act, and shall be headed by a
Secretary to be appointed by the President of the Republic of the Philippines. It shall
hereinafter be referred as the “Department”.

Section 4. Jurisdiction of the Department. The Department shall have
primary jurisdiction over the management, conservation development, protection
utilization and disposition of all fishery and aquatic resources of the country,
including the habitats of fish and all other marine life and over activities which impact
on these habitats, provided, that municipal waters shall remain under the jurisdiction
of local government units (LGUs) concerned. The 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 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 devolve upon the parent agency for the appropriate sector involved.

Section 5. Powers and Functions. The Department shall perform the
following:

(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;

(d) 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) Enter into contracts, joint venture agreements, public-private partnerships, and
such other memorandum 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;

(f)Formulate and implement a Comprehensive Fishery Research and
Development Program, such as, but not limited to, sea farming, sea ranching,
tropical/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;

(g) Establish and maintain a Comprehensive Fishery Information system;

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

(i) 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);

(j) Coordinate efforts relating to fishery production undertaken by the primary
fishery producers, LGUs, FARMCs, fishery and organizations/cooperatives;

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

( 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;

(m) 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;

(n) Coordinate with LGUs and other concerned 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;

(0) Enforce all laws, formulate and enforce all rules and regulations governing the
conservation and management of fishery resources, except in municipal waters,
and to settle conflicts of resource use and allocation in consultation with the
NFARMC, LGUs and local FARMCs;

(p) Receive, take and hold by bequest, device, gift, 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;

(q) Exercise oversight function, coordinate, monitor and evaluate the policies and
programs of all its attached agencies;

(©) Monitor local and government compliance with housing and urban
development laws, standards, and guidelines, as well with their judicious and fair
application of local fisheries and aquatic resource ordinances;

(5) Effect and oversee a single regulatory system that shall govern ail activities
relative to the planning, production, marketing, and management of fisheries and
aquatic resources;

(t) Develop value-added fishery-products for domestic consumption and export;

(u) Recommend measures for the protection/enhancement of the fishery
industries;

(v) Assist the LGUs in developing their technical capability in the development,
management, regulation, conservation, and protection of the fishery resources;

(w) Formulate rules and regulations for the conservation and management of
straddling fish stocks and highly migratory fish stocks; and

(x) Perform such other related functions which shall promote the development,
conservation, management, protection and utilization of fisheries and aquatic
resources, as may be provided by law.

Section 6. Composition. The Department shall be composed of the Office of
the Secretary, its immediate staff, the Offices of the Undersecretaries and Assistant
Secretaries with respect to their areas of responsibilities, and their respective staff, and
the Offices directly supporting the Office of the Secretary.

Section 7. The Secretary. The Secretary shall:

(a) Advise the president on the promulgation of rules, regulations and other
issuances relative to matters under the jurisdiction of the Department;

(b) Establish policies and standards for the efficient and effective operations of
the Department in accordance with the programs of the government;

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

(d) Exercise control and supervision over all personnel and functions of the
Department;


(e) Delegate authority for the performance of any administrative or substantive
function to the subordinate officials of the Department;

(Call on other agencies and instrumentalities of the government and private
entities for cooperation and assistance in the performance of its functions;

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

Section 8. The Undersecretaries. Taking into account the requirements of the
Department and subject to the approval of the President, the Secretary shall be
assisted by:

(a) One (1) Undersecretary for Finance and Administration;

(b) One (1) Undersecretary for Policy, Planning, and Project Development;
(c) One (1) Undersecretary for Operations;

(d) One (1) Undersecretary for Research and Development.

Section 9. Qualifications and Appointment. The Secretary and
Undersecretaries shall be citizens and residents of the Philippines, of good moral
character, and of proven competence and integrity. They shall all be appointed by the
President. The Undersecretaries shall be career officers.

Section 10. Department Bureaus and Regional Offices. The Department
shall establish, operate, and maintain Bureaus under it such as but not limited to:

(a) Fisheries Resources Management Bureau;
(b) Licenses and Regulations Bureau;

(©) Fisheries Policy Industry Development Support Bureau;
(@) Inland Fisheries and Aquaculture Bureau;

(e) Fisheries Research Bureau.

Section 11. Staffing Patterns. The development of the staffing pattem shall be
based on an assessment of the personnel requirements of the entire Department as
recommended by the Secretary and as approved by the Department of Budget and
Management (DBM). The remuneration structure of the positions in the staffing
pattern shall strictly conform to the Salary Standardization Law, as amended.

Section 12. National Technology Centers. The following national technology
centers, which are operated and maintained for activities related to technology
generation, field testing of technologies, extension services, demonstration and


training / seminars in support of policy formulation and project implementation on
fisheries development and conservation in coordination with concerned agencies and
organizations, are hereby attached to the Department but shall continue to perform
their respective functions and powers not otherwise inconsistent with this Act:

(a) National Integrated Fisheries Technology Development Center;
(b) National Inland Fisheries Technology Center;

(c) National Marine Fisheries Development Center;

(d) National Freshwater Fisheries Technology Center;

(e) National Seaweeds Technology Center;

(f) National Brackishwater Fisheries Technology Center;

(g) Fisheries Biological Station Complex;

(h) Mindanao Freshwater Fisheries Technology Center;

(i) Fisheries Information Management Center.

All actions taken by the foregoing Centers with respect to investment,
allocation and disposition of funds, issuance of credit instruments, and such matters as
may bear directly or indirectly on the policies, programs, and rules and regulations
adopted by the Department shall require the prior approval of the Secretary.

Section 13. The Fisheries and Aquatic Resources Management Councils
(FARMCs). The Municipal, City, or National FARMCs are hereby attached to the
Department but shall continue to perform their respective functions, powers, terms of
office, and composition not otherwise inconsistent with this Act. All actions taken by
the FARMCs with respect to investment, allocation and disposition of funds, issuance
of credit instruments, and such matters as may bear directly or indirectly on the
policies, programs, and rules and regulations adopted by the Department shall require
the prior approval of the Secretary.

Section 14. Composition of the National Fisheries and Aquatic Resources
Management Council. The NFARMC shall be composed of fifteen (15) members
consisting of:

(a) Secretary of the Department of Fisheries and Aquatic Resources;
(b) Secretary of the Interior and Local Government;
(c) Undersecretary for Policy, Planning, and Project Development;

(d) Five (5) members representing the fisherfolk and fishworkers;


(e) Five (5) members representing commercial fishing and aquaculture operators
and the processing sectors;

(f) Two (2) members from the academe; and
(g) One (1) representative of NGOs involved in fisheries.

Section 17. Transition Period. All transfer of functions, assets, funds,
personnel, equipment, properties, transactions, and personnel in the affected national
government agencies and the formulation and implementation of the internal organic
structures, staffing patterns, operating systems, and revised budgets of the Department
shall be completed within six (6) months from the effectivity of this Act, during
which existing personnel shall continue to assume their posts in holdover capacities
until new appointments are issued.

Section 18. Separation from the Service. Employees separated and/or phased
out from the service as a result of the consolidation and/or reorganization under the
provisions of this Act shall within one (1) month from their separation and/or phase
out from the service, receive separation benefits in accordance with existing laws. In
addition, those who are qualified to retire shall be allowed to retire and be entitled to
all benefits provided, under any of the existing retirement laws.

Section 19. Formulation of Implementing Rules and Regulations. The
Secretary shall prepare and issue the implementing rules and regulations (IRR) of the
Department within sixty (60) days upon the effectivity of this Act.

Section 20. Implementing Authority. The Secretary is hereby authorized to
undertake the implementation of the provisions of this Act and implement the
necessary organizational changes within the specified six (6) month transition period.

Section 21. Funding. The amount necessary for the initial implementation of
the provisions of this Act shall be charged against the current year's appropriations of
the BFAR. Thereafter, such sums as may be necessary for the continued
implementation of this Act shall be included in the annual General Appropriations Act.

Section 22. Mandatory Review of the Implementation of this Act. - The
Department shall conduct and submit a report to Congress a review of the
implementation of this Act at the end of the second year from the date of its
effectivity.

Section 23. Repealing Clause. All laws, decrees, orders, rules and regulations
or parts thereof, which are inconsistent with or contrary to the provision of this Act
are hereby repealed, amended or modified accordingly.

Section 24. Separability Clause. If, for any reason or reasons, any portion of
provision of this Act shall be held unconstitutional or invalid, the remaining
provisions not affected thereby shall continue to be in full force and effect.


Section 25. Effectivity. This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,