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

FIFTEENTH CONGRESS
First Regular Session

House Bill No,__ L541

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

The Philippines, with its vast natural marine resources, ranks 8th highest in the

world in fish production, ranks 2nd in Asian region with China as the highest in seaweed
production, and ranks 41th as the highest in aquaculture

Although presently, the Department of Agriculture (DA) through the Bureau of
Fisheries and Aquatic Resources (BFAR) is currently performing functions relative to
marine resources, a centralized agency specifically crafted for such purpose can better
discharge the duty enshrined in Article XII (National Economy and Patrimony), Section 2
of the 1987 Constitution which states, in essence, that: “[T]the State shall protect the
nations marine wealth in its archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to Filipino citizens.

With the impressive records described above and the expanse of fishery and
marine area in the country, it can be surmise that a bigger and more empowered
institution like a department should manage the promotion of fisheries and marine
products in the country.

Hence, this bill proposes the creation of the Department of Fisheries and Aquatic
Resources to ensure the preservation and proper development of the country's
archipelagic waters and marine resources. Further, the proposed DFAR shall have the
power to manage, develop, protect, conserve and utilize all fisheries and aquatic
resources of the country, except for municipal waters, which shall remain under the
jurisdiction of local government units. Finally, he DFAR shall likewise regulate the
production, capture, processing and marketing of fisheries and marine products in the
country. This is to make sure that the country's marine wealth is to be exclusively used
for the benefit of the Filipino people.

Truly, the creation of the DFAR will be a significant breakthrough in providing
utmost protection to Philippine waters and marine resources. It will correct the
traditional bias of government for land-based agriculture and provide the long-delayed
attention local fishermen and Philippine water resources need.

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

A ronthat Joram

‘MARCELINO “MARCY” R. TEODORO
Representative, 1™ District
City of Marikina

wa



Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 1541

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT
CREATING A DEPARTMENT OF FISHERIES 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 2010"

SEC. 2. 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

SEC. 3. Declaration of Policies. — It is hereby declared the policy of the State to
promote the sustainable development and management of all 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, protecting and enhancing the quality of the environment.

It is the policy of the State to protect and conserve 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. It is the policy of the State to adopt the
precautionary principle and to prioritize conservation of the country's marine and aquatic
resources

It is also the policy of the State to protect the rights of small-scale fishermen in the
preferential use of communal marine, fisheries and aquatic resources. Towards this end, it
shall provide such fishermen with the appropriate technical and financial support.

SEC. 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, 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 fisheries and aquatic products in the country.

The Department shall 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.


, once rationalized by the Departr
1 appropriale secior involved

SEC. §. Powers and F
shail have the following powers, functions and responsibilities.

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

(b) Coordinate the implementation of fisheries and ocean sector policies, plans
and laws for ail maritime components,

(c) Promulgate and enforce fisheries and oceans habitat regulations, which

clarify and ampiify the aforementioned departmental mandate in accordance with the
published fisheries and oceans management plans within its territorial jurisdiction;

hensive Fish

(d) Prepare and implement a
; =

precautionary pri and

ies Management PI
4

inctions. — To accomplish its mandate, the Department

based on the
opment, using

scientifically-generated information or best availabie evidence on the slalus of the

fisheries and marine resources;

(e) Formulate and implement, consistent with the developmental framework of
ihe National Economic Development Authorily, @ 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 securily and rational and
sustainable development;

(f) Promulgate laws, rules and regulations governing the conservation and
proper utilization of fisheries and aqi cept in municipal waters;

(g) Issue licenses for the operation of commercial fishing vessels and permits
for the conduct of fishery activities subject io 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;

(h) Issue fishworker licenses and identification cards free of charge to
fishworkers engaged in comm ng:

(i) 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 local government units concerned;

{k) Prescribe rules and regulations including visitorial powers, procedures and
guidelines concerning the classification, establishment, construction, maintenance and
operation of alll 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 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
Tesearch results and technology advances;

(m) 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;

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

(0) 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;

(p) Designate marine areas as protected areas for the special purposes stated
in the notice of declaration;

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

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

(s) 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;

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

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

(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;

(%) Administer a fisheries modemization credit program to finance fishery
projects of fisherfolk, 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.

SEC. 6. Structural Organization. — The Department shall consist of the Office of
the Secretary and three Undersecretaries for Fisheries Production and Utilization, Fisheries
Conservation and Management, and for Operations; one council, the National Fisheries
and Aquatic Resources Management Council, one institute, the Nationai Fisheries
Research and Development Institute, one office, the Office of Ocean and Marine Affairs
and the following services: the Philippine 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 Marine Policy and the relevant provisions of the United Nations 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 ocean
sector policies, plans and laws for all maritime components. It shall be headed by a
Director and shall have the following divisions:

(a) Oceans Use Assessment and Clearance Division;
(b) Nationa! and International Oceans Law and Policy Division;
(c) Special Projects Division; and

(d) Technical Division.

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

SEC. 7. Functions of the Secretary of Fisheries and Aquatic Resources. — The
Secretary of Fisheries and Aquatic Resources, hereinafter referred to as the Secretary,
shall be appointed by the President with the consent of the Commission on Appointments,
and shall have the following functions:

(a) Supervision and control of the Department and the 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;

(a) 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

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

SEC. 8. Functions of the Undersecretaries of the Department of Fisheries and
Marine Resources. - There shall be three (3) Undersecretaries: the Undersecretary for
Fisheries Production and Utilization; the Undersecretary for Fisheries Conservation and
Management; and the Undersecretary for Operations; who 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) Liaise with concemed 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 and 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 the regional, provincial and municipal levels; and

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

SEC. 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, law 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.

SEC. 10. Organizational Structure of the Department. — The functions of the
Department under this Act shall be carried out by the bureaus, agencies and services
created in the Department.

Under the supervision and control of the Undersecretary for Fisheries Production
and Utilization, the following bureaus, services and offices are hereby created:

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

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;

(ili) Inland Fishery Development and Extension Division; and the

(iv) Environmental Impact Assessment and Monitoring Division.

(b) 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 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 shail 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 the

(iv) Fish Processing Technology Division

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

(ii) Consumer Affairs Division; and the

(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: the national
government subsystem, the local goverment 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;
(li) Technology Transfer and Demonstration Division;
(iil) Business Advisory and Information Support Division;
(iv) 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;

(ii) Commercial Fisheries Division;

(iil) High Seas Fisheries Division; and the
(iv) Fishing Technology Division.

(e) 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 Sections 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) 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 and 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, board and services are hereby created:

f) Marine Resources Conservation and Management Bureau. - The Marine
Resources Conservation and Management Bureau 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 a Director and two
Assistant Directors and shall have the following divisions:

(i) Coastal Resources Management Division;
(ii) Oceanography Division;

(ili) Fisheries Licensing Division;

(iv) Biotechnology, Biosafety and Bioprospecting Division; and the
(v) 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) The National and Fisheries Zone Monitoring and Surveillance Center which shall
have a National Coordinating Center and several Fisheries Zones Monitoring and
Surveillance Centers. It is further subdivided into the Vessel Tracking and Remote Sensing
Office, and the Database and Information Center,

(ii) The Fisheries Air Patrol 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 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.

(9) 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 futfillment of the country's obligations under CITES, the Convention on
Biological Diversity and other treaties and intemational agreements. It shall have the
following divisions:

(i) Marine Protected Areas Division;
(ii) Marine Wildlife Rescue Centers;


(iil) 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 the

(vi) Biodiversity Division.

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

(h) 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/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. It shall have the following units:

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

(iil) Regional Fish Health Centers; and the

(iv) Product Standards Enforcement Division.

(i) 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 fishery
industry. It shall conduct research and studies on the socio-economics of various fishery
operations, collect. data on fishery production, and establish a network of fishery
information, documentation and dissemination. It shall have the following divisions:

(i)Fishery Statistics Division;
(ii) Socioeconomic Division; and the
(ii) Fishery Information Division.

SEC. 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,
tules 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. 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 concemed. The Directors must
have a degree in law or 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 years of experience either in the public or private
sector, in marine fisheries research and development, or in the fisheries industry.

SEC. 13. Abolition, Transfer and Merger. - The Bureau of Fisheries and Aquatic
Resources 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. 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 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, 1982, 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, 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 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 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 Marine Resources

SEC. 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.

SEC. 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.

SEC. 16. Appropriations. — For the effective implementation of this Act, the amount
of Five Billion Pesos (Php 5,000,000,000.00) 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 to Five Hundred Million Pesos (500,000,000.00) 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 proprietary 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.

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

SEC. 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.

SEC. 19. Effectivity Clause. — This Act shall take effect fifteen (15) days efter
publication in two (2) national newspapers of general circulation

Approved,