EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H.No.3010

Introduced by Representative Raul C. Tupas

EXPLANATORY NOTE

AN ACT PROVIDING FOR THE CREATION OF THE DEPARTMENT OF FISHERIES
AND COASTAL RESOURCES, DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

The Philippines ranks 11th as top fishing nation in the world. The annual
fisheries yield in the country is estimated to be worth around Php 115 B (US $ 2.5B)
contributing to around 4.3% of gross domestic product.

Fishing is considered the next most important livelihood in the agricultural
sector providing employment to 1.4 million persons or 3.7 percent of total employment
in 2013. Despite this significant contribution, Filipino fishermen were reported the
Poorest among the basic sectors of the country with 39.2 percent poverty incidence,
although this was already a significant improvement from the 41.3 percent recorded in
2009.2 For the period 2011-2015, high growth was recorded in all subsectors of the
Agriculture and Fisheries Sector except for fisheries due to overfished and overbuilt
areas requiring regeneration. Regeneration strategies implemented in fisheries such
as closed season for spawning and massive mangrove development have resulted in
gains designed for improved incomes.$

To ensure the sustainable development and management of all fisheries,
coastal, and marine resources in its archipelagic waters, territorial sea, and exclusive
economic zone, this bill proposes the creation of the Department of Fisheries and
Coastal Resources (DFCR). The DFCR shall have primary jurisdiction over the
conservation, development, exploration, management, policy planning and utilization
of all fishery and coastal resources in the country, including the habitats of fish and all
other marine life and activities which impact on these marine lives.

The creation of the DFCR will help spur rural development and create
opportunities to increase the income of fishermen. It will help the government invest in
strategic infrastructure for fisheries, coastal, and marine resources. At the same time,

+ Alifio PM An Overview of Philippine Fisheries. The Marine Science Institute, University of the Philippines.
2 Department of Agriculture Annual Report 2014 Reforms Taking Root Innovations Bearing Fruit
* Department of Agriculture Annual Report 2015 Magandang Ani Magandang Buhay, p.10


it will enable the government to address problems of pollution, destructive fishing
practices, habitat destruction, and climate change. It will sustain the country's
Continuing efforts to increase food production to meet the demands of a fast, growing
population. For these reasons, the immediate passage of this bill is earnestly sought.

RAUL woof TUPAS


EIGHTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES
H. No, 3010

+ Introduced by Representative Raul C. Tupas

AN ACT PROVIDING FOR THE CREATION OF THE DEPARTMENT OF FISHERIES
AND COASTAL RESOURCES, DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Department of Fisheries
and Coastal Resources Act of 2016.”

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

(a) To protect and conserve the nation's fisheries, coastal, and marine wealth in its
archipelagic waterS, territorial sea, exclusive economic zone, and the adjacent high
seas;

(b) To undertake the sustainable development and management of all fisheries,
coastal, and marine resources in its archipelagic waters, territorial sea, and exclusive
economic zone;

(c) To reserve fisheries, coastal, and marine resources for the exclusive use and
enjoyment of Filipino citizens and to protect the rights of small-scale fishermen
subsisting on the nation's marine resources.;

(d) To ensure the rational and sustainable development, management and
conservation of the fishery and aquatic resources in Philippine waters including the
Exclusive Economic Zone (EEZ) and in the adjacent high seas, consistent with the
primordial objective of maintaining a sound ecological balance, protecting and
enhancing the quality of the environment. The Philippines shall pursue its commitment
to international conventions and cooperate with other states and international bodies,
in order to conserve and manage threatened, aquatic species, straddling and highly
migratory fish stocks and other living marine resources.

SECTION 3. Creation of the Department of Fisheries and Coastal Resources. —
There is hereby created the Department of Fisheries and Coastal Resources,
hereinafter referred to as the Department.


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SECTION 4. Jurisdiction of the Department. - The Department shall have primary
jurisdiction over the conservation, development, exploration, management, policy
planning and utilization of all fishery and coastal resources of the country, including
the habitats of fish and all other marine life and activities which impact on these
marine lives.

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

Municipal waters shall remain under the jurisdiction of local government units which
shall manage the municipal waters in accordance with national fishery policies, laws,
tules and regulations.

SECTION 5. Powers and Functions. - The Department shall have the following
powers, functions and responsibilities:

|. Policy and Planning

(a) Formulate, recommend. and implement national policies, plans, and programs, and
guidelines on fisheries, coastal, and marine resources;

(b) Formulate and implement, consistent with the development framework of the
National Economic and Development Authority (NEDA), a fishery and aquatic
fesources development program with the objectives of food security and sustainable
development;

(c) Formulate policies and initiatives based on the commitments of the country on
international treaties and agreements;

(d) Prepare and implement a Comprehensive Fisheries and Aquatic Resources
Management Plan;

|. Enforcement, Regulation and Industry Development

(e) Implement the provisions of Republic Act No. 8550 and the relevant provisions of
Republic Act No. 8435 and enforce all fishery laws, rules and regulations;

(f) Promulgate rules and regulations pertaining to the classification, construction,
maintenance and operation of all fishing ports, landing sites and fish markets and the
operations of business therein except those owned and operated by LGUs;

(g) Exercise quasi-judicial functions to resolve and settle conflicts on resource use and
allocation in consultation with the National Fisheries Regulatory and Adjudication
Board (NFRAB) and LGUs;

(h) Regulate and issue licenses and permits for the operation of commercial fishing
vessels and fishery related activities;


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(i) Provide a fisheries modernization credit program to finance fishery projects of
fishermen, fish farmers, fish processors, commercial fishers, and other stakeholders in
the fishing industry;

() Acquire, maintain, operate, purchase or dispose equipment and facilities such as
slupyards, fishing vessels, fishing equipments, refrigerated trucks, ice plants and cold
storages, communication, and aquaculture faciliti

(k) Fix, assess and collect reasonable fees, tolls, charges, rentals and the like for the
use, sale, lease or properties, equipment, facilities and services;

(|) Provide infrastructure support such as municipal fishing ports, farm to market roads,
quality laboratories in fish ports, marketing facilities, local fisheries shipbuilding and
repair facilities, and post-harvest facilities, in cooperation with concerned agencies;

(m) Implement a National Marketing Assistance Program aimed at providing a steady
market for fishermen, fish farmers and fishery —related enterprises;

Ill. Resource Sharing and Capability-Building

(n) Ensure knowledge, information and resource-sharing, and database-building on
fisheries, coastal and marine-related information;

(0) Develop the Philippine Fisheries and Aquatic Resources Information System
(PFARIS) that will serve as the depository and information server of all fisheries,
aquatic, and marine-related information;

(p) Assist and provide technical expertise to government agencies and local
government units;

IV. Fisheries Conservation and Management

(q) Promulgate rules, and regulations governing the conservation, exploration, and
utilization of all fishery and coastal resources except in municipal waters;

(r) Designate marine sanctuaries and marine protected areas;

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

(t) Institutionalize a monitoring control and surveillance system to ensure that fisheries,
aquatic, and marine resources are utilized and managed on a sustainable basis;

(u) Perform all other functions consistent with this Act and as may be provided by law.
SECTION 6. Composition. - 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.


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SECTION 7. Secretary of Fisheries and Coastal Resources. -The Secretary shall
be appointed by the President, subject to confirmation by the Commission on
Appointments. The Secretary shall have the following functions:

(a) Provide executive direction and supervision over the entire operations of the
Department and its attached agencies;

(b) Establish policies and standards for the effective, efficient, and economical
operation of the Department, in accordance with the programs of the government,

(c) Review and approve requests for financial and manpower resources of all
operating offices of the Department;

(d) Designate and appoint officers and employees of the Department, excluding the
undersecretaries, assistant secretaries, regional and assistant regional directors, in
accordance with civil service laws, rules and regulations;

(e) Exercise disciplinary powers over officers and employees of the Department in
accordance with law including their investigation and designation of a committee or
officer to conduct such investigation;

(f) Coordinate with LGUs, other agencies and public and private interest groups,
including nongovernment organizations (NGOs) and people's organizations (POs) on
Department policies and initiatives;

(g) Prepare and submit to the President through the Department of Budget and
Management (DBM) an estimate of the necessary expenditures of the Department
during the next fiscal year, on the basis of the reports and estimates by bureaus and
Offices;

(h) Advise the president on the promulgation of executive and administrative orders
and formulation of regulatory and legislative proposals on matters pertaining to
fisheries and coastal resources;

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

(j) 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, who shall be appointed by the President upon recommendation of
the Secretary: Provided, That two (2) of the Undersecretaries shall be career officers.

SECTION 9. Assistant Secretaries - The Secretary shall be assisted by four (4)
Assistant Secretaries who shall be appointed by the President upon recommendation
of the Secretary: Provided, That two (2) of the Assistant Secretaries shall be career
officers.


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SECTION 10. Qualifications - No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the department unless he or she is a
resident of the Philippines, of goof moral character, of proven integrity, and with at
least seven (7) years of competence and expertise in any of the following: fisheries,
biology, agriculture, public administration, management, economics, law or other
equivalent relevant disciplines.

SECTION 11. Regional Offices. - The Department shall have such department-wide
tegional offices as may be necessary in the administrative regions, each to be headed
by a Regional Director, who shall be assisted by one (1) Assistant Director, appointed
by the President. The regional offices shall, within their respective administrative
regions, the following functions:

(a) Provide efficient and effective front-line service to the fishery and coastal sector,
particularly to fisher folks;

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

(c) Coordinate with the Regional Offices of the other departments, offices, agencies
and LGUs in the region; and

(d) Perform other functions as may be provided by law or assigned by the Secretary.
SECTION 12. Transfer of Agencies and Personnel. -

The following agencies are hereby abolished, and their powers and functions,
applicable funds and appropriations, records, equipment, property, and personnel
transferred to the Department:

(1) Bureau of Fisheries and Aquatic Resources;

(2) Philippine Fisheries Development Authority;

(3) National Fisheries Research and Development Institute;

(4) National and Municipal Fisheries and Aquatic Resources Management Councils
created under Republic Act No. 8550;

(5) The Philippine Technical Advisory Committee of the SEAFDEC Aquaculture
Department created under Executive Order No. 834 dated October 04, 1982;

(6) The fisheries related functions of the Laguna Lake Development Authority;

(7) The Philippine Council for Aquatic and Marine Research and Development;


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(8) The Marine Research and Conservation Division and the different sections there
under and the Coastal Environment Program, all marine and coastal related projects
and programs of the Department of Environment and Natural Resources (DENR), and
all fisheries related functions of the DENR;

(9) The fisheries related functions of the Bureau of Agricultural Research, Bureau of
Agricultural Statistics, and the Agricultural Institute of the Department of Agriculture
(DA).

The laws and rules on government reorganization as provided under Republic Act No.
6656, otherwise known as the Reorganization Law, shall govern the reorganization
process of the Department.

SECTION 13. Structure and Staffing Pattern. - Subject to the approval of the DBM,
the Department shall determine its organizational structure, staffing pattern,
qualification standards, and placement of personnel in the Department, its bureaus,
services, and offices. Officers and employees of the department shall be appointed in
accordance with the civil service law, rules, and regulations.

SECTION 14. Separation and Retirement from Service. - Employees who are
separated from service within six (6) months from the effectivity of this Act as a result
of the abolition/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 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, and revised budget of the
Department shall be completed within six (6) 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 after the
abolition of the agencies as specified in Section 12 of this Act, the Department in
coordination with the DBM, shall determine and create new positions, the funding
requirements of which should not exceed the equivalent cost of positions abolished.

SECTION 16. Appropriations. - The amount needed for the initial implementation of
this Act shall be taken from the current fiscal year's appropriation of agencies as
specified in Section 12 of this Act. 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. - The duly appointed
Secretary of the Department shall immediately create an organization committee
composed of representatives from the Department of Budget and Management,
Department of Agriculture, Department of Environment and Natural Resources, Civil
Service Commission, representative from the fishing sector, and the academe, for the


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formulation of the fiecessary rules and regulations for the effective implementation of
this Act.

SECTION 18. Separability Clause. - If any provision of this Act shall be declared
unconstitutional or inoperative, the other provisions not so affected shall remain in
force and effect.

SECTION 19. Repealing Clause. — All laws, degrees, executive orders, rules and
issuances or parts thereof inconsistent with this Act or the rules and regulations
promulgated pursuant thereto are hereby repealed, amended, or modified accordingly.

SECTION 20. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,