Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 69

Introduced by HONORABLE LUIS R. VILLAFUERTE

EXPLANATORY NOTE

This bill seeks to create the Department of Aquaculture and Fisheries
Resources (DAFR), providing for the transfer of powers and functions,
appropriations, records, properties, equipment, and personnel of the several
agencies established by the existing laws, particularly related to aquaculture,
fisheries and marine resources matters from the Department of Aquaculture and
other agencies of government.

The creation of DAFR is a significant breakthrough to ensure the preservation
and proper development of the country’s archipelagic waters and marine resources.
The Philippines is blessed with enormous bodies of water, covering a total area of
171 million hectares. The vastness of the Philippine maritime zone and its rich
resources dictate that we should have a marine-based economy. In spite of this
reality, it is ironic that we do not have a department whose primary purpose is to
concentrate on serving the needs of the aquaculture and fisheries sector.

Today, our fisherfolk do not earn enough, the consumer cannot buy sufficient
and affordable fish, and our fishing grounds are over-fished and being destroyed.
We need a department that has the muscle to see to it that our laws and rules are
followed, our corals and other marine resources are protected, developed potential
areas for mangroves, aquaculture, mariculture and seaweed parks, and spearhead
our country’s competitiveness in the global market for aquaculture and fisheries
products and by-products,

It is high time that we come to terms with our nature as an archipelago, to be
in harmony with the seas and the oceans that surround us. The creation of the
DFAR will correct the traditional bias of government for land-based agriculture and
provide the long delayed attention to our local fishermen and Philippine water
resources.

Approval of this bill is therefore eamestly sought.

MA
LUIS R. VILLAFUERTE

EATING



Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 65

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

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

SECTION 1. Title.- This Act shall be known as the “Department of
Aquaculture and Fisheries Resources Act of 2004”.

Sec. 2. Creation. - The Department of Aquaculture and Fisheries
Resources, hereinafter referred to as the Department, is hereby created
structurally and functionally in accordance with the provisions of this Act.

Sec. 3. Declaration of Policies.- It is hereby declared the policy of
the State to protect and conserve the nation’s marine wealth in its
archipelagic waters, territorial sea and exclusive economic zone (EEZ) and
reserve their use and enjoyment exclusively to Filipino citizens. The State
shall promote the sustainable development and management of all
aquaculture, fisheries and marine resources in Philippine waters including
the exclusive economic zone (EEZ) and in the adjacent high seas consist

with the primordial objective of maintaining a sound ecological balance,



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protecting and enhancing the quality of the environment, and ensuring
food security for our people.

It is the policy of the State to protect the rights of small-scale
fishermen in the preferential use of communal marine, fisheries and
aquatic resources. It shall also be the policy of the State to encourage
private initiative in aquaculture and fisheries business ventures both in
the production and the exportation/importation of fish and fishery
products and by-products. Towards this end, the State shall provide the
fishermen, aquaculturists, and other investors with the appropriate
technical, financial, marketing and other support services.

Sec. 4. Jurisdiction of the Department. The Department shall
have primary jurisdiction over the management, conservation,
development, protection, utilization and disposition of all aquaculture,
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, except for municipal waters, which shall remain under the
jurisdiction of local government units. The latter shall manage their
municipal waters in accordance with national fishery policies, laws, rules
and regulations.

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 aquaculture,

fisheries and other aquatic products in the country.



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

responsibilities:

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a. Prepare and implement a comprehensive National

Aquaculture and 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.

. Formulate and implement, consistent with the development

framework of the National Economic Development Authority,
a Comprehensive National Fisheries Industry Development
Plan and set policies and standards for the efficient and
economic operations of the aquaculture and fishing industries
in accordance with the objectives of food security and rational

and sustainable development;

. Promulgate laws, rules and regulations governing the

conservation and proper utilization of aquaculture, fisheries

and aquatic resources except in municipal waters;

. Issue licenses for the operation of commercial fishing vessels

and permits for the conduct of fishery activities subject to the
specific carrying capacities of the resource as determined by

scientific studies or best available evidence with preference



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given to resource users in the local communities living

adjacent or nearest to the municipal waters;

. Issue Fishworker licenses and identification cards free of

charge to Fishworkers 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 associates 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 Research Management Council

(NFARMC) and Local Government Units (LGUs);

. 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 local government units;

Establish and maintain a Philippine Fisheries and Aquatic

Resources Information System (PFARIS) that will function as



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the principal depository and information server of all
aquaculture, fisheries and marine resources and their
habitats, all matters pertaining to aquaculture and 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 Diversity, and formulate rules and
regulations for the 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;


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

p. Impose administrative sanctions, including fines for minor
fisheries and ocean infractions, in accordance with the
schedules and limits as agreed by the Department of Justice
and embodied in fisheries regulations;

q. Acquire, build, 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, laboratories, communication, and aquaculture
facilities;

r. 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;

s. 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;


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t. Administer a fisheries modernization credit program to
fishery projects of fisherfolk, fish farmers, fish processors,
commercial fishers and other qualified borrowers; and

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

Sec. 6. Structural Organization.- The Department shall consist of
the Office of the Secretary and three Undersecretaries for Operations,
Policy and Planning, and Administrative Support Services and External
Relations; one council, the NFARMC, one institute, the National Fisheries
Research and Development Institute, and the following services: the
Philippine Fisheries and Aquatic Resources Information Service, Public
Relations and Protocol Service, as well as Personnel, Finance, Legal and
Property and General Services.

The Philippine Fisheries Development Authority (PFDA) created by
Presidential Decree No. 977 as amended, shall be an attached agency of
the Department of Aquaculture and Fisheries Resources under the Office
of the Secretary.

Sec. 7. Functions of the Secretary of Fisheries and Aquatic
Resources. - The Secretary of Aquaculture and Fisheries Resources,
hereinafter referred to as the Secretary, shall be appointed by the
President and shall have the following functions:

a. Supervision and control of the Department and the

Bureaus, Offices and Institutes under it;


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b. Authority and responsibility for the performance of the
powers and functions of the Department;

c. Advise the President on the promulgation of the 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.

Sec. 8. Assistance to the Secretary. - The Secretary shall be
assisted by three (3) Undersecretaries: the Undersecretary for
Operations; the Undersecretary for Policy and Planning; and the
Undersecretary for Administrative Support Services and External
Relations; and five (5) Assistant Secretaries: the Assistant Secretary for
Planning; the Assistant Secretary for Policy and International Affairs; the
Assistant Secretary for Operations; the Assistant Secretary for Support

Services; and the Assistant Secretary for External Relations.


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8.1 Office of the Undersecretary. - The Undersecretary shall assist the
Secretary in the exercise of the Department's mandate and in the
discharge of its powers and functions. The office shall:

a. provide periodic reports and advice to the Secretary on the
plans, programs and offices under their defined areas of
responsibility and recommend measures towards greater
effectiveness and efficiency;

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

c. perform other functions as may be provided by law or
assigned by the Secretary.

8.2 Office of the Assistant Secretary. - With respect to the specific area
of responsibility, the Assistant Secretary shall have the following
general functions:

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

b. exercise supervision and control over the programs, budget,
officers and personnel of the offices, services, operating units

under their defined areas of responsibility;


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c. to the extent granted by the Secretary, exercise delegated
authority on matters related to the functions and activities of
the units under their defined areas of responsibility; and

d. perform other functions as may be provided by law or
assigned by the Secretary.

Sec. 9. Qualifications and Appointment. - No person shall be
appointed Secretary or Undersecretary of the Department unless he is a
Filipino citizen; must have a degree in law or a masters degree in
fisheries, public administration, management, economics 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. The Secretary and Undersecretary shall be
appointed by the President of the Philippines in the manner prescribed by
law.

No person shall be appointed Assistant Secretary, Bureau Director
or Assistant Bureau Director, unless he is a Filipino citizen; must have a
degree in law or at least a masters degree in fisheries, public
administration, management, economics, statistics, engineering, law or
other equivalent relevant disciplines; with at least seven (7) years actual
experience, either in the public or private sector, in administration and
management, in marine fisheries research and development, or in the
aquaculture and fisheries industries. The Assistant Secretary, Bureau or
Assistant Bureau Director shall be appointed by the Secretary upon the

recommendation of the Undersecretary concerned.


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No person shall be appointed Regional Director or Assistant Regional
Director, unless he is a Filipino citizen; has any of the educational
qualifications above prescribed for Assistant Secretary, Bureau Director or
Assistant Bureau Director; and with at least five (5) years actual
experience either in the public or private sector, in administration and
management, fisheries research and development, or in the aquaculture
and fisheries industries. The Regional Director or Assistant Regional
Director shall be appointed by the President of the Philippines upon the
recommendation of the Secretary.

Subordinate Officials and Employees of the Department shall be
appointed in accordance with Civil Service laws, rules and regulations.

Sec. 10. Office of the Undersecretary for Policy and Planning.
- The Office of the Undersecretary for Policy and Planning shall provide
policy advice to the Secretary and be responsible for the development of
national aquaculture and fisheries policies and their integration and
translation into the National Aquaculture and Fisheries Management Plan.
The Office shall provide periodic public reports of achievements in
aquaculture and fisheries; The Office shall have direct supervision over
the Office of the Assistant Secretary for Policy and International Affairs,
the Office of the Assistant Secretary for Planning, the Bureau of Fishery
Economics and Statistics (BFES), the Bureau of Postharvest and Fisheries
Product Standards (BPFPS), and the Fisheries Modernization Credit and

Financing Agency (FMCFA);


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a. Office of the Assistant Secretary for Policy and International
Affairs. - The Office of the Assistant Secretary for Policy and
International Affairs shall lead in the policy development of the
Department to attain the goals of the aquaculture and fisheries
sector. It shall be responsible for the crafting of national
aquaculture and fisheries policy and provide periodic reports on
the country’s performance relative to the sector. It shall
evaluate international developments and assess their potential
impact on Philippine aquaculture and fisheries. It shall 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. The Service shall be
responsible for advocating the Philippine aquaculture and
fisheries agenda in international organizations and bodies. The
Office shall have direct control over the Policy Service and the

International Affairs Service.

>

Office of the Assistant Secretary for Planning. - The Office of
the Assistant Secretary for Planning shall lead in the
development of national aquaculture and fisheries plans and
budgets consistent with national policies. The Office shall be
responsible for the development of institutional mechanisms for
periodic program assessment, and in identifying, developing and

packaging development projects for implementation. It shall


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°

a

develop and implement reliable and cost-effective information
and communication technology systems and establish and
maintain the Philippine Aquaculture and Fisheries Information
System which shall be the principal depository and information
server of all aquaculture and fisheries-related information in the
country. The Office shall have direct supervision and control
over the Planning Service, the Monitoring and Evaluation Service

and the Project Development Service.

. The Bureau of Fishery Economics and Statistics (BFES). - The

BFES shall be a line bureau responsible for establishing
benchmark data on the structure of the aquaculture and fishery
industries. It shall conduct research and studies on the socio-
economics of various aquaculture fishery operations, collect data
on aquaculture and fishery production, and establish a network
of aquaculture and fishery information, documentation and
dissemination. It shall have the following divisions: the
Aquaculture and Fishery Statistics Division; the Socioeconomic

Division, and the Aquaculture and Fishery Information Division.

. The Bureau of Postharvest and Fisheries Product Standards

(BPFPS). - The fishery component of the Bureau of Agriculture
and Product Standards created under Section 61 of RA 8435
shall be transferred to the BPFPS which shall formulate and
enforce standards of quality in the processing, preservation,

packaging, labeling, importation, exportation, distribution, and


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®

advertising of aquaculture and fishery products; conduct
research on product standardization, implement farm-based
HACCP and align local standards with international standards;
promote and strengthen semi-processing and handling; and
develop new valued-added aquaculture and fishery products for
domestic consumption and export.

The Bureau shall have a Director and two Assistant Directors.
The Assistant Director for the Product Standards and Technical
Services shall have supervision and control over the Standards
Development and Promotion Division; the Technical Services
Division; the Value-added Products Development and Promotion
Division; and the Fish Processing Technology Division. The
Assistant Director for Industry Compliance and Consumer
Protection shall have supervision and control over the Industry
Compliance Division; the Consumer Affairs Division; and the
Arbitration and Dispute Resolution Division.

The Fisheries Modernization Credit and Financing Agency
(FMCFA) - The FMCFA shall administer the funds under Sections
108 to 113 of RA 8550 as well as the fisheries-related provisions
of Section 20 to 25 of RA 8435, harmonizing and integrating the
two so as to package and deliver various credit assistance
programs for the following:

i Aquaculture and fisheries production including

Processing of fisheries products and inputs;


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4.

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Sec. 11.

Office of the Undersecretary for Operations shall provide leadership in the

Acquisition or construction of fishery equipment,
machinery, fishing vessels and fishing gears;

Acquisition of fry, fingerlings, fertilizers, feeds and
similar items;

Procurement of fisheries products for storage, trading,
processing and distribution;

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

Working capital for fisheries graduates to enable them
to engage in fisheries-related economic activities;
Activities which support marine and freshwater bodies
conservation and ecology-enhancing activities such as
but not limited to mangrove reforestation, promotion of
whale shark and manta ray and other endangered
marine species watching and eco-tourism; and
Development of appropriate technology in aquaculture,
fishery and ancillary industries that are ecologically
sound, locally source based and labor intensive, based
on the requirements of the Fisheries and Aquatic

Resources Management Councils.

Office of the Undersecretary for Operations. - The


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translation and implementation of the National Aquaculture and Fisheries
Management Plan (NAFMP) and the Comprehensive National Fisheries
Industry Development Plan (CNFIDP) into operational plans and
programs. It shall exercise direct supervision and control over the Office
of the Assistant Secretary for Operations, the regional field offices, the
Bureau of Aquaculture and Inland Fisheries (BAIF); the Bureau of Fishing
Technology and Capture Fisheries (BFTCF); the Bureau of Aquaculture
and Fisheries Extension, Training, and Support Services (BFETSS), the
Marine Resources Conservation, Management and Enforcement Bureau;
and the Fisheries Inspection, Quarantine and Fish Health Service
a. Office of the Assistant Secretary for Operations. The Office of
the Assistant Secretary for Operations shall assist the
Undersecretary to ensure integration of functions and activities
and adherence to national policies and programs. The Office
shall assist in the supervision of the regional field units and in
developing a framework of cooperation and linkage with regional
development councils, LGUs and national agencies in the

management of the aquaculture, fisheries and marine sectors,

s

. Bureau of Aquaculture and Inland Fisheries (BAIF) - The BAIF
shall, among others, be responsible for: regulating aquaculture
operations in line with Best Aquaculture Practices and the
International Code of Conduct for Aquaculture, promoting the
intensification of aquaculture operations in existing areas;

formulating aquaculture development programs; establishing


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and maintaining model aquaculture farms and ponds; promoting
and developing, with private sector participation, mariculture
parks and/or marine special economic zones; providing technical
assistance to cooperatives and fishpond operators in the
development of viable fishmeal and fish feeds industry,
undertaking inland fishery resources evaluation; and
recommending management and conservation measures.

The Bureau shall have a Director and an Assistant Director
and shall be composed of the following divisions: the
Aquaculture Development and Management Division; the Inland
Fisheries Resource Assessment, Development and Conservation
Division; and the Aquaculture and Inland Fishery Regulation and

Licensing Division.

. Bureau of Fisheries Extension, Training, and Support Services

(BFETSS) - The BFETSS shall coordinate all development
activities with respect to aquaculture, fisheries and oceans
technology, and shall have a development section for all
components including inland and oceans fishing, fishing gears
and methods and new aquaculture and fisheries research and
technology. The Bureau shall establish linkages with local
government units, local fisherfolk associations and
organizations, non-government organization and people's
organization and supervise support and extension services at

the regional, provincial and municipal level. It shall formulate a


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a

)

National Extension System for Aquaculture and Fisheries, which
shall be composed of three (3) subsystems: 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,
demonstration services, and information and communication
support services through tri-media. It shall have the following
units: the Training and Skills Development Division; the
Technology Transfer and Demonstration Division; Training
Centers.

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 develop
environment-friendly but efficient fishing gears. It shall be
headed by a Director and two Assistant Directors and shall have
the following divisions: the Municipal Fisheries Division; the
Commercial Fisheries Division; the High Seas Fisheries Division;

and the Fishing Technology Division.

. Marine Resources Conservation, Management and Enforcement

Bureau. ~ The Marine Resources Conservation, Management and

Enforcement Bureau is a line bureau tasked with the


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implementation and enforcement of the Comprehensive National
Aquaculture and Fisheries Management Plan. It shall undertake
marine fishery resources assessment and biological and
environmental investigations and formulate conservation
measures. Pursuant to Section 81 of RA 8550, the Bureau shall
also be responsible for establishing and maintaining marine
protected areas, fishery refuges and sanctuaries, and assist
LGUs in identifying and establishing fish sanctuaries in municipal
waters. It shall be the lead agency in the fulfillment of the
country’s obligations under the Convention on International
Trade on Endangered Species (CITES) for marine and aquatic
species, the Convention on Biological Diversity and other such
treaties and international agreements.

In coordination with the National Fisheries Research and
Development Institute, the Bureau shall conduct stock
assessment of fish and marine resources and determine and
establish the carrying capacity and total allowable catch (TAC)
for a particular resource and lead in the conduct of scientific
researches on the proper strategies for the conservation and
protection of marine wildlife and their habitat including breeding
and propagation of the same. 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.


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The Bureau shall also have the authority to take custody of
confiscated, stranded or abandoned marine wildlife.

It shall be headed by a Director and two Assistant
Directors and shall have the following units: the Coastal
Resources Management Division; the Fisheries Licensing
Division; the Oceanography Division; the Marine Protected Areas
Division, the Fisheries Law Enforcement Division; the Marine
Wildlife Rescue Centers; and the Endangered Marine Species
Captive Breeding Centers.

The Fisheries Law Enforcement Division shall establish the
Fisheries Air and Oceans Patrol, and the Regulatory Staff
composed of Fishery Officers, Deputized Fisheries Guardians and
the corps of specialists from the DND, PNP-MARICOM, DILG,
DFA and DOJ. The Division shall conduct law enforcement
trainings and recommend to the Secretary the deputation of
government employees and members of fisherfolk organizations
as fishery guardians. It shall have the supervision and control
of fishery laws, rules and regulations and the efficient
monitoring, control and surveillance of fishing activities within
Philippine territorial waters. 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.


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Support Services and External Relations.

f. The Fisheries Inspection, Quarantine and Fish Health Service
(FIQFHS). The FIQFHS shall have 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; the provision of
fish health services to the aquaculture sector; and the
quarantine of aquatic animals and fishery products determined
or suspected to be with fishery pest and diseases and prevention
of the movement or trade from and/or into the country of these
products so prohibited or regulated under existing laws, rules or
regulations and international agreements of which the Philippine
is a State Party. The Bureau shall have the following units:
Regional Fishery Inspection and Quarantine Offices; Cyanide
Detection Centers; Regional Fish Health Centers; and the

Product Standards Enforcement Division.

Sec. 12. Office of the Undersecretary for Administrative

Undersecretary for Administrative Support Services and External Relations

- The Office of the


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shall provide effective staff support services to all the Department's
offices and agencies at all levels of implementation. It shall develop and
implement systems and procedures to ensure transparency,
accountability, and predictability in the administrative and financial
transactions of the Department. The Office shall serve as the liaison
office with the legislative branch of government. The Office shall exercise
direct supervision and control over the Offices of the Assistant Secretary
for Support Services and the Assistant Secretary for External Relations.
a. Office of the Assistant Secretary for Support Services. The Office
of the Assistant Secretary for Support Services shall oversee the
effective provision of staff support services to all the
Department’s offices and agencies at all levels of
implementation to achieve  cost-efficiency and  cost-
effectiveness. It shall develop and implement systems and
procedures to ensure transparency, accountability and
predictability in the administrative and financial transactions of
the Department. The Office shall have direct supervision over
the Human Resource Management Service, Finance and
Management Service, Legal Service, and Property and General

Services.

os

. Office of the Assistant Secretary for External Relations. The
Office of the Assistant Secretary for External Relations shall
provide leadership in formulating a Department-wide public

information program to generate public support for the


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Department's policies, programs, and projects. The Office shall

also liaise with the legislative branch of government in the

advocacy for laws, policies and programs supportive of the

development and growth of the aquaculture and fisheries sector

and shall supervise the Public Relations and Protocol Service.

Sec. 13. 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 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 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.

Sec.

14. 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,


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records, properties, equipment and personnel are hereby transferred to
the Department of Aquaculture and Fisheries Resources: Provided,
however, that no official or employee of the BFAR shall be laid off in the
implementation of this Section.

The position of Undersecretary for Fisheries and Aquatic Resources
in the Department of Agriculture created under Section 63 of Republic Act
No. 8550 is hereby abolished.

The National and Municipal Fisheries and Aquatic Resources
Management Councils created by the Republic Act No. 8550 shall be
transferred to the Office of the Secretary of the Department of
Aquaculture and Fisheries Resources.

The National Fisheries Research and Development Institute created
by the Republic Act No. 8550 is transferred to the Department and shall
serve as its principal research arm.

The Philippine Fisheries Development Authority created by
Presidential Decree No. 977 including its relevant functions,
appropriations, records, properties, equipment and personnel, is hereby
transferred to the Department of Aquaculture and Fisheries Resources as
an attached agency under the Office of the Secretary: Provided, however,
that the Secretary of the Department of Aquaculture and Fisheries
Resources shall be the new Chairman of the PFDA Board: Provided,
further, that no official or employee of the PFDA shall be laid off in the

implementation of this Section.


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The Philippine Technical Advisory Committee of the SEAFDEC
Aquaculture Department created under Executive Order No. 834 dated
October 4, 1982, including its relevant functions, appropriations, record,
properties, equipment and personnel, is hereby transferred and attached
to the Department of Aquaculture and Fisheries Resources: Provided, That
no official or employee of the Committee 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 Aquaculture and
Fisheries Resources: Provided, 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 DENR under Executive Orders No. 192 and 292, except the functions

of the enforcement of water pollution laws, rules and regulations, are


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hereby transferred to the Department of Aquaculture and Fisheries
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 fisheries related functions of the DENR 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
Aquaculture and Fisheries Resources.

Sec. 15. 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 shail include the
function, 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


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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 hold-over capacity.

Sec. 16. Organization Committee. - The duly appointed
Secretary of Aquaculture and Fisheries 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.

Sec. 17. Appropriations. - For the effective implementation of this
Act, the amount of FIVE BILLION (P5,000,000,000.00) PESOS is hereby
appropriated from the unappropriated funds of the National Treasury and
the current budgetary appropriations of the BFAR, 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 Aquaculture and
Fisheries Resources equivalent to P500,000,000.00 is hereby appropriated

from the unappropriated funds of the National Treasury.


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The revenues that the Department will generate from its licensing
operatians, the fees collected from the propriety 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,
helicopters and airplanes 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
subject to COA rules and regulations.

Sec. 18. Separability Clause. - If any provision of this Act is
declared unconstitutional or invalid, the other provisions not so declared
shall remain in force and effect.

Sec. 19. Repealing Clause. - All 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. 20. Effectivity Clause. - This Act shall take effect fifteen
(15) days after publication in two (2) national newspapers of general
circulation.

Approved,