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

NINETEENTH CONGRESS
First Regular Session
LUNG 533
HOUSE BILL NO. 2

Introduced by Representative Lex Anthony Cris A. Colada

EXPLANATORY NOTE

Article Xil, Section 2 states that the State shall protect the nation’s marine wealth in its
archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens.

Currently, there are existing agencies that are attached to the Department of Agriculture
performing functions related to marine resources. However, there is a need for a centralized
agency specifically created for such purpose for a better discharge of duties.

This bill seeks to create a Department of Fisheries and Aquatic Resources (FAR), which
shall become the principal government agency responsible for securing our country's fishery and
aquatic resources. The FAR shall have the power to administer, develop, conserve and utilize all
fisheries and aquatic resources. It shall likewise have the jurisdiction to take control over the
production, capture, dispensation and promotion of fisheries and marine products in the country.

It is worthy to note that the creation of the FAR will be a significant move to ensure the
protection of Philippine waters and marine resources and more importantly, the rights of local
fish workers.

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

LEX ANTHONY CRIS A. COLADA
AAMBIS-OWA/Representative


Republic of the P!
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

NINETEENTH CONGRESS
First Regular Session

Jo. | 4933

HOUSE BILL NO.

Introduced by Representative Lex Anthony Cris A. Colada

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

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

Section 1. Title. - This Act shall be known as the “Department of Fisheries and Aquatic
Resources Act of 2022.”

Section 2. Declaration of Policies. - It is hereby declared the policy of the State to promote
the sustainable development and management of all fisheries, marine and aquatic resources in
Philippine waters including its exclusive economic zone (EEZ) and in the adjacent high seas,
consistent with the primordial objective of maintaining a sound ecological balance and protecting
the environment.

It is also declared to be the policy of the State to protect and conserve the nation’s marine
wealth in its archipelagic waters, territorial sea and EEZ and reserve its use and enjoyment
exclusively to Filipino citizens. Towards this end, the State shall ensure the protection of the rights
of small-scale fishermen in the preferential use of communal marine, fisheries and aquatic
resources. For this purpose, the State through its agencies shall provide fish workers with the
appropriate technical and financial support so they may sustainably cultivate marine resources.

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


Section 4. Jurisdiction of the Department. - The Department shall have primary
Jurisdiction over the management, 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 the 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, - To accomplish its mandate, the Department shall have
the following powers, functions and respon:

a. Exercise authority and responsibility over oceans use on fisheries and their habitat;

b. Coordinate the implementation of fisheries and sector policies, plas and laws for all
maritime components;

c. Promulgate and enforce fisheries and oceans habitat regulations, which clarify and
amplify the aforementioned departmental mandate in accordance with the published
fisheries and oceans management plans;

d. Prepare and implement a comprehensive Fisheries Management Plan, based on the
precautionary principle and the principle of sustainable development using scientifically-
generated information or best available evidence on the status of the fisheries and marine
resources;

e. Formulate and implement, consistent with the developmental framework of the National
Economic Development Authority a fishery industry development program and set
policies and standards for the efficient and economic operation of the fishing industry in
accordance with the objectives of food security and rational and sustainable
development;

f. Promulgate laws, rules and regulations governing the conservation and proper utilization
of fisheries and aquatic resources except in municipal waters which shall remain to be
under the jurisdiction of the LGU concerned;

g. Issue licenses for the operation of commercial
of fishery activities subject to the specific carrying capacities of the resource as
determined by scientific studies or best available evidence with preference given to
resource users in the local communities living adjacent or nearest to the municipal
waters;

ing vessels and permits for the conduct


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

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 through its
fishery officers and guardians 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;

Perform quasi-judicial and allied functions and settle conflicts of resource use and
allocation in consultation with the National Fisheries and Aquatic Resources Management
Council and the LGUs concerned;

Prescribe rules and regulations including visitorial powers, procedures and guidelines
concerning the classification, establishment, construction, maintenance and operation of
all fishing ports, landing sites and fish markets and the operation of business therein
except those that are owned and operated by LGUs;

Establish and maintain a Philippine Fisheries and Aquatic Resources Information System
(PFARIS) that will function as the principal depository and information server of all
fisheries and ocean-related information in the country, including but not limited to the
status of fisheries and marine resources and their habitat, all matters pertaining to
fisheries production, processing, marketing and research results and technology
advances;

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 wisely utilized and
managed on a sustainable basis;

Actively engage in the conservation, protection and rehabilitation of rare, threatened and
endangered marine species as it may determine including their habitats;

Implement relevant provisions of international treaties and agreements such as, but not
limited to, the Convention on the International Trade in Endangered Species of Wild Flora
and Fauna, United Nations Convention on the Law of the Sea, Convention on Biological
conservation and management of straddling fish stocks and highly migratory species;
Designate marine areas as protected areas for the special purposes stated in the notice
of declaration;

Formulate and enforce the Code of Practice for Aquaculture and Code of Conduct for
Responsible Fisheries;

Promote international economic and technical cooperation in the fisheries and oceans
sectors and in integrated oceans management, especially within the ASEAN region;
Impose administrative sanctions including fines for minor fisheries and ocean infractions,
in accordance with the schedules and limits as agreed upon by the Department of Justice
and embodied in fisheries regulations;

Acquire, maintain, operate, purchase, ease 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;



u. Fix, assess and collect reasonable fees, tolls, charges, rentals and the like, 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;

v. Provide, through the PFSA 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;

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

x. Administer a fisheries modernization credit program to finance fishery products of
fisherfolks, fish farmers, fish processors, commercial fishers and other qualified
borrowers; and

y. Perform all other functions consistent with this Act and as may be provided by law.

Section 6, Structural Organization, - The Department shall be headed by a Secretary who shall
enjoy the same cabinet rank to be assisted by three Undersecretaries each for Fisheries
Production and Utilization, Fisheries Conservation and Management, and for Operations.

A National Fisheries and Aquatic Resource Management Council, a National Fisheries
Research and Development Institute and an Office of Ocean and Marine Affairs are likewise
attached to the Department.

The Department's line services shall include a Fisheries and Aquatic Resources
Information Service, Policy Analysis and Planning Service, as well as Personnel Finance, Legal and
Property and General Services.

The Office of Ocean and Marine Affairs shall have authority and responsibility over ocean
use. It shall be the Department's primary agency tasked with the implementation of the National
Convention on the Law of the Sea. Any and all use of the ocean shall require the assessment and
clearance by this Office which shall rationalize initiatives that will negatively impact on fisheries
or their habitat. It shall coordinate the implementation of fisheries and oceans sector policies,
plans and laws for all maritime components. It shall be headed by a Director and shalll have the
following divisions:

{a) Oceans Use Assessment and Clearance Division;
{b) National and International Oceans Law and Policy Division;
(c) Special Projects Division; and
{d) Tehnical Division
The Philippine Fisheries Development Authority created by Presidential Decree
No. 977 as amended, shall be an attached agency of the Department under the Office

of the Secretary.

SECTION 7. Functions of the Secretary of the Department of Fisheries and


Aquatic Resources. - The Secretary of the Department of Fisheries and Aquatic
Resources, hereinafter referred to as the Secretary, shall be appointed by the
President subject to confirmation of the Commission on Appointments, and shail
exercise the following functions:
{a) Supervise and contro! the Department and all Bureaus,
Offices and Institutes under it;
{b) Exercise authority and assume responsibility for the
performance of the powers and functions of the Department;
{c) Advise the President on the promulgation of policies, rules
and regulations, and other issuance relative to the sustainable
development and management of fisheries and oceans resources;
(d) Establish management policies and standards for the
efficient and effective operation of the Department in accordance with
the programs of the government;
{e) Promulgate rules, 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.

SECTION 8. Functions of the Undersecretaries of the Department of Fisheries

and Aquatic Resources.- There shall be three (3) undersecretaries of the Department,
namely the Undersecretary for Fisheries Production and Utilization; the Undersecretary
for Fisheries Conservation and Management; and the Undersecretary for Operations all
of whom shall be appointed by the President upon the recommendation of the Secretary

The Undersecretaries for Fisheries Production and Utilization and for Fisheries
Conservation and Management shall have the following functions:

{a) Advise the Secretary on the formulation of policies programs, plans, rules and
regulations as well as on the promulgation of Department Order, Administrative Orders,
and other issuance with respect to his/her area of responsibility;

(b) Exercise supervision and control over the bureaus, offices, services and
operating units under his/her responsibility;

(c) Coordinate the functions and activities of the units under his/her responsibility
with those of the other units in the Department;

(d) Liaison with concerned government departments, agencies, and offices to
ensure effective coordination in the management of the fisheries and oceans sector;and
(e) Perform such other functions as may be provided by law
or assigned by the Secretary.

The Undersecretary for Operations shall have the following functions:


{a) Exercise supervision and control over the regional offices;

(b) Coordinate, harmonize and package the policies, plans, programs and projects of all
the Bureaus, Services, Offices arid Units of the Department, for the proper
implementation by the regional offices;

{c) Advise the Secretary in the formulation of policies, plans and programs as well as on
the promulgation of rules, regulations and orders with respect to his/her area of
responsibility;

(d) Exercise supervision and control over the Fisheries Inspection and Quarantine Service
and the Bureau of Fishery Economics and Statistics;

(e) Establish linkage with local government units, local fisherfolk associations and
organizations, non-government organization and peoples’ organization and supervise
support and extension services at all regional, provincial and municipal levels; and

(f) Perform other functions as may be provided by law or assigned by the Secretary.
SECTION 9, Qualifications of the Undersecretaries. - No person shall be appointed
undersecretary of the Department unless he is a Filipino citizen; at least a degree holder
in fisheries, public administration, management, economics, |aw or other equivalent
relevant disciplines, has actual experience in administration and management for at least
ten (10) years and has general practical knowledge of fisheries.

SECTION 10. Organizational Structure of the Department. - The functions of the
Department under this Act shall be carried out by the bureaus, agencies and services
attached the Department.

The following bureaus, services and offices are hereby created which shall be
under the supervision and control of the Undersecretary for Fisheries Production arid
Utilization:

(a) Bureau of Aquaculture and Inland Fisheries (BAIF) ~The BAIF shall, among others,
be responsible for regulating aquaculture operations in line with the International

Code of Conduct for Aquaculture; promoting the intensification of aquaculture

operations in existing areas; formulating aquaculture development programs;

establishing and maintaining model aquaculture farms and ponds; providing
technical assistance to cooperatives and fishpond operators in the development of

a viable fishmeal and fish feeds industry undertaking inland fishery resources

evaluation, and recommending management and conservation measures.

The Bureau shall be headed by a Director and shall be composed of the following
divisions:

{i) Aquaculture Management and Development Division;

(ii) Inland Fisheries Resource Assessment and Conservation Division;

(il) Inland Fishery Development and Extension Division; and

{iv) Environmental Impact Assessment and Monitoring Division.



Bureau of Postharvest and Fisheries Product Standards (BPFPS) -The fishery component
of the Bureau of Agriculture and Product Standards created under Section 61 of Republic
Act No. 6435 shall be transferred to the BPFPS which shall formulate and enforce
standards of quality in the processing, preservation, packaging, labeling, importation,
exportation, distribution, and advertising of fishery products; conduct research on
product standardization, alignment of the local standards with the international
standards; promote and strengthen semi-processing and handling; and develop valued-
added fishery products for domestic consumption and export.

The Bureau shall have a Director, two Assistant Directors, one for Product
Standards and Technical Services and the other for industry Compliance and Consumer
Protection and the following divisions:

Under the Assistant Director for Product Standards and Technical
Services -

(i) Standards Development and Promotion Division;

(ii) Technical Services Division;

(iii) Value-added Products Development and Promotion Division; and

(iv) _ Fish Processing Technology Division.

Under the Assistant Director for Industry Compliance and Consumer Protection -
(i) Industry Compliance Division;

{ii) Consumer Affairs Division; and

(iii) Arbitration and Dispute Resolution Division.

(c) Bureau of Fisheries Extension, Training, and Support Service (BFETSS) - The BFETSS
shall coordinate all development activities with respect to fisheries and oceans
technology and shall have a development section for all components including inland
and oceans fishing, and fishing fears and methods. It shall formulate a National
Extension System for Fisheries, which shall be composed of three (3) subsystems,
namely, the national government subsystem, the local government subsystem and the
private sector subsystem. It shall deliver the following major services: training
services, credit and financing support services, business advisory services,
demonstration services, and information and communication support services
through tri-media It shall have the following divisions:

{i) Training and Skills Development Division;

(ii) Technology Transfer and Demonstration Division;

{ili) Business Advisory and Information Support Division; and

(v) Training Centers


d) The Bureau of Fishing Technology and Capture Fisheries (BFTCF) - The BFTCF
shall have direct supervision and control over the utilization of marine resources including
commercial, international and small-scale fisheries. It shall formulate development
programs for the expansion of the marine fishery industry, explore new fishery resources
and development environment friendly but efficient fishing gears. It shall be headed by a
Director and two Assistant Directors and shall have the following
divisions:

(i) Municipal Fisheries Division;
i) Commercial Fisheries Division;
(ill) High Seas Fisheries Division; and

(iv) Fishing Technology Division.

(e)The Fisheries Modemization Credit and Financing Agency (MCFA) - The FMCFA shall
administer the funds under Sections 108 to 113 of Republic Act No. 8550 as well as the
fisheries-related provisions of Sections 20 to 25 of Republic Act No. 8435, harmonizing
and integrating the two so as to package and deliver various credit assistance programs
for the following

(i) Fisheries production including processing of fisheries products and inputs;

(ii) Acquisition Or construction of fishery equipment, machinery, fishing vessels

and fishing gears;

(iii) Acquisition of fry, fingerlings, fertilizers, feeds arid similar items;

(iv ) Procurement of fisheries products for storage, trading processing and

distribution;

(v) Construction, acquisition and repair of facilities for production, processing,
storage, transportation, communication, marketing and such other facilities
in support of fisheries;

(vi) Working capital for fisheries graduates to enable them to engage in
fisheries-related economic activities:

(vii) Activities which support marine and freshwater bodies conservation and
ecology-enhancing activities such as but not limited to mangrove
reforestation, promotion of whaleshark and manta ray and other
endangered marine species watching and eco-tourism; and

(viii) Development of appropriate technology, both in fishery and ancillary
industries that are ecologically sound, locally source based and labor
intensive, based on the requirements of the Fisheries and Aquatic
Management Councils.


Under the supervision and control of the Undersecretary for Fisheries
Conservation and Management, the following bureaus, units, boards and services are
hereby created:

(a) Marine Resources Conservation and Management Bureau (MRCMB).- The MRCMB

is a line bureau tasked with the formulation and implementation of a

Comprehensive Fisheries Management Plan. It shall undertake marine fishery

resources assessment and biological and environmental investigations and

formulate conservation measures. In coordination with the National Fisheries

Research and Development Institute, it shall determine and establish the carrying

capacity and total allowable catch (TAC) for a particular resource. It shall set the

allowable fishing effort based on the carrying capacity of the resource and TAC and
accordingly issue commercial fishing licenses and permits. It shall be headed by @

Director and two Assistant Directors and shall have the following divisions:

(i)

Coastal Resources Management Division;
Oceanography Division;

Fisheries Licensing Division;

Biotechnology, Biosafety and Bioprospecting Division; and
Fisheries Law Enforcement Division.

The Fisheries Law Enforcement Division shall operate the National and Zonal
Monitoring Surveillance System. It shall establish fishery air and ocean patrol as well as
conduct law enforcement trainings and recommend to the Secretary the deputation of
government employees and members of fisherfolk associations as fishery guardians. It
shall have the supervision and control of fishery officers and guardians and the corps of
specialists responsible for the enforcement of fishery laws, rules and regulations and the
efficient monitoring and surveillance of fishing activities within Philippine territorial
waters. It shall have the following units:

{i)

(ii)

The National and Fisheries Zone Monitoring and Surveillance Center which
shall have a National Coordinating Center and several Fisheries Zones
Monitoring and Surveillance Centers. itis further subdivided Into the Vessel
Tracking and Remote Sensing Office, and the Database and information
Center;

The Fisheries Air Patrol and Oceans Patrol, and the Regulatory Staff
composed of Fishery Officers, Deputized Fisheries Guardians and to corps
of specialists from the DND, PNP-MARICOM, DILG, DFA and DO). The Fishery
Officers shall have full police powers relative to the enforcement of fishery
laws, rules and regulations including arrest, search and seizure, and shall
have the authority to directly file complaints for violation of fishery laws,
rules and regulations.


(b) The Bureau of Marine Protected Areas and Wildlife (BMPAW) - The BMPAW is a
line bureau responsible for establishing and maintaining marine protected areas
and wildlife sanctuaries. It shall lead in the conduct of scientific researches on the
proper strategies for the conservation and protection of marine wildlife and their
habitat including breeding or propagation. It shall also establish Marine Wildlife
Rescue Centers to take custody of all confiscated, stranded or abandoned marine
wildlife. It shall have the authority to issue Committee on International Trade on
Endangered Species (CITES) Permits and shall be both the CITES Management and
Scientific Authorities of the Philippines. It shall be the lead agency in the fulfillment
of the country's obligations under CITES, the Convention on Biological Diversity and
other treaties and international agreements. It shall have the following divisions:

(i) Marine Protected Areas Division;

(ii) Marine Wildlife Rescue Centers;

(iii) Endangered Marine Species Captive Breeding Centers

(iv) CITES Management Authority;

(v) Endangered Marine Wildlife Research Center shall be the
Department's CITES Scientific Authority which shall coordinate with
academic institutions designated as scientific authorities; and

(vi) Biodiversity Division,

The Undersecretary for Operations shall have direct control and supervision over
all regional offices and the following unit and bureau:

(a) The Fisheries Inspection and Quarantine inspection Service (FIQIS) - The FIQIS shall
have the line functions and shall be responsible for the inspection and quarantine
of all fishery related activities including the conduct of quarantine and quality
inspection of all fish and fishery/aquatic products coming into and going out of the
country by air or water transport to detect the presence of fish pest and diseases;
the regular inspection of processing plants, storage facilities, abattoirs, as well as
public and private markets in order to ensure freshness, safety and quality of
products and to ensure that these products conform to the standards prescribed
by the Department and the quarantine of aquatic animals and fishery products
determined or suspected to be with fishery pest and diseases and prevent the
movement or trade from and into the country of the products so prohibited or
regulated under existing laws, rules or regulations and international agreements
of which the Philippines is a State Party. It shall have the following units:

(i) Regional fishery Inspection and Quarantine Offices;
(ii) Cyanide Detection Centers;

(iii) Regional Fish Health Centers; and

(iv) Standards Enforcement Division.


(b) The Bureau of Fishery Economics and Statistics (SPS). - The BFES shall be a line
bureau responsible for establishing benchmark data on the structure of th fishery
industry. It shall conduct research and studies on the sacio-economics of various
fishery operations, collect data on fishery production, and establish a network of
fishery information, documentation and dissemination. It shall have he following
divisions:

(i) Fishery Statistics Division;
(ii) Socioeconomic Division; and
(iii) Fishery information Division.

SECTION 11. Regional Offices and Functions. - The Department shall have such
department-wide regional offices as may be necessary in the administrative regions each
to be headed by a Regional Director, who shall be assisted by an Assistant Regional
Director. Each regional office shall have support staffs as may be necessary and four line
divisions which shall have the following duties and responsibilities:
(a) Provide efficient and effective front-line service to the fishery and aquatic industry
sector, particularly to the municipal fishermen;
(b) Implement In Its area of jurisdiction, the laws, policies, plans, programs, projects,
rules and regulations of the Department;
(c) 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.

SECTION 12. Appointment and Qualification of Directors. -- The Directors of the Bureau,
Offices and Agencies and the Regional Directors shall be appointed by the Secretary, upon
recommendation of the Undersecretaries concerned. The Directors must have a degree
in law ora master of science degree in Marine Fisheries, Oceanography, Fisheries Biology,
Marine Biology, Fisheries Technology, Microbiology or related sciences, or public
administration and at least five (5) years of experience either in the public or private
sector, in marine fisheries research and development, or in the fisheries industry.

SECTION 13. Abolition, Transfer and Merger. - The Bureau of Fisheries and Aquatic
Resources (BFAR) reconstituted by Republic Act No. 8550, is hereby abolished and its
relevant functions, appropriations records, properties, equipment and personnel are
hereby transferred to the Department of Fisheries and Aquatic Resources: Provided,
however, That no official or employee of the BFAR shall be laid off in the implementation
of this section. The National and Municipal Fisheries and Aquatic Resources Management
Councils created by Republic Act No. 8550 shall be transferred to the Office of the
Secretary of the Department of Fisheries and Aquatic Resources. The National Fisheries
Research and Development institute created by Republic Act No. 9550 is transferred to



the department and shall serve as its principal research arm. The Philippine Fisheries
Development Authority (FDA) created by Presidential Decree No. 977 including its
relevant functions, appropriations records, properties, equipment and personnel, is
hereby transferred to the Department of Fisheries and Aquatic Resources as an attached
agency under the Office of the Secretary: Provided, however, That the Secretary of the
Department of Fisheries and Aquatic Resources shall be the new chairman of the Board:
Provided further, That no official or employee of the PFDA shall be laid off in the
implementation of this Section. The Philippine Technical Advisory Committee of the
SEAFDEC Aquaculture Department created under Executive Order No. 834 dated October
4, 1962, including its relevant functions, appropriations, records, properties, equipment
and personnel, is hereby transferred and attached to the Department of Fisheries and
Aquatic Resources: Provided, That no official or employee of the Board shall be laid off in
the implementation of this section

The fisheries related functions of the Laguna Lake Development Authority (LLDA),
including its relevant appropriations, records, and personnel are hereby transferred to
the Department of Fisheries and Aquatic Resources: Provided however, That no official or
employee of the LLDA shall be laid off in the implementation of this Section

The Philippine Council for Aquatic and Marine Research and Development is
abolished and all its personnel, records, appropriations, property and equipment are
transferred to the National Fisheries Research and Development Institute of the
Department of Fisheries and Marine Resources. The Marine Research and Conservation
Division and the different Sections thereunder and the Coastal Environment Program
including its relevant appropriations, personnel, records, property and equipment, all
marine and coastal related projects and programs of the Department of Environment and
Natural Resources, and all fisheries related functions of the DEN under Executive Orders
No. 192 and 292, except the functions of the enforcement of water pollution laws, rules
and regulations, are hereby transferred to the Department of Fisheries and Aquatic
Resources.

The fisheries-related sections of the Bureau of Agricultural Research, the Bureau
of Agricultural Statistics and the Agricultural Training Institute of the Department of
Agriculture are hereby abolished and all its personnel, records, appropriations, property
and equipment are transferred to the Department of Fisheries and Aquatic Resources.

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

The Philippine Council for Aquatic and Marine Research and Development is
abolished and all its personnel, records, appropriations, property and equipment are


transferred to the National Fisheries Research and Development Institute of the
Department of Fisheries and Marine Resources.

SECTION 14. Transitory Provisions. - In accomplishing the acts of organizing the
department as herein prescribed, the following provisions shall be complied with:

(a) The transfer of a government unit or agency shall include the functions,
appropriations, funds, records, equipment, facilities, chooses in action, rights,
other assets and liabilities, If any, of the transferred unit or agency as well as the
personnel thereof, as may be necessary, who shall, pending reappointment,
continue to perform their respective duties and responsibilities and receive the
corresponding salaries and benefits in a hold-over capacity.

(b) The transfer of functions which results in the abolition of the government unit or
agency that has exercised them, shall include the appropriations, funds, records,
equipment, facilities, chooses in action, rights, other assets and personnel as may
be necessary to the proper discharge of the transferred functions. Its liabilities, if
any, shall likewise be treated in accordance with the Government Auditing Code
and other pertinent laws, rules and regulations. Its personnel shall, pending
reappointment, continue to perform their duties and responsibilities and
receive the corresponding salaries and benefits in a holdover capacity.

SECTION 15. Organization Committee. - The duly appointed Secretary of Fisheries and
‘Aquatic Resources shall immediately create an organization committee which shall study
and formulate the staffing pattern, qualification standards, and placement of personnel
in the Department, its services, bureaus, and offices. The Committee shall be composed
of representatives from the Department of Budget and Management, Civil Service
Commission, the fishery industry and the academe.

SECTION16. Appropriations. - For the effective implementation of this Act, the amount of
Five Billion Pesos (P5,000,000,000.00) is hereby appropriated from the unappropriated
funds of the National Treasury and the current budgetary appropriations of the Bureau
of Fisheries and Aquatic Resources, including its regional offices, the appropriations of the
Philippine Fishing Development Authority, and the budgetary provision of the Philippine
Council for Aquatic and Marine Research Development. The amount necessary for the
construction of a national office of the Department of Fisheries and Aquatic Resources
equivalent is hereby appropriated from the unappropriated funds of the National
Treasury.

The revenues which the Department will generate from its licensing operations,
the fees collected from the proper services delivered by the Department, and the
administrative fines imposed by the National Fisheries Regulatory and Adjudication Board
shall constitute the Department's revolving fund from which amounts necessary to carry


out the special research projects, management and conservation programs, staff
development programs, and the acquisition of equipment, vessels, and airplanes,
helicopters of the Monitoring and Surveillance Center shall be taken: Provided, however,
That the fishpond rentals shall accrue to the National Fisheries Research and
Development Institute as provided under Section 46 (c) of Republic Act No. 8550. The use
of such funds shall be project to COA rules and regulations.

SECTION 17, Separability Clause. If any provision of this Act is declared unconstitutional
and inoperative, the other provisions not so declared shall remain in force and effect.

SECTION 18, Repealing Clause. All laws, decrees, orders, rules and regulations or parts
thereof inconsistent with the Act or the rules and regulations promulgated pursuant

thereto are hereby repealed or amended accordingly.

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

Approved,