THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
SENATE 
S. B. No. 
2226 
Intmduced by Senator Ramon Bong Revilla, Jr. 
EXPLANATORY NOTE 
The Philippines is composed of some 7,100 islands. It is blessed by enormous bodies of 
mter with abundant marine resources, Two-thirds of the territorial area of the Phdippines is 
composed of water, covering a total area of 171 million hectares. 
For this reason, a significant number of Filipinos engage in fishing as their main source of 
livelihood, 
The lifegiving support of Philippine waters and its bounties cannot be but 
over-emphasized. It is however, ironic that the government gives more attention to land-based 
agriculture over those of marine and other water- based agriculture over those of marine and other 
water-based food production activities. 
To ensure the preservation and proper development of the country's archipelagc waters and 
marine resources, this bill proposes the creation of the Department of fisheries and Aquatic 
Resources @FAR). The 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. The 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. 
The creation of the DFAR will be a significant breakthrough in providing utmost protection 
to Phdippine 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. It will give impetus to the government's continuing efforts to increase food 
production to meet the demands of the country's fast growing population. 
The immediate approval of this bill is earnestly sought, 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
S. B. No. 
1226 
Introduced by Senator Ramon Bong Revilla, Jr. 
AN ACT 
CREATING A DEPARTMENT OF FISHERIES AND 
AQUATIC 
RESOURCES, PROVIDING FOR 
ITS 
POWERS AND FZTNCTIONS, AND FOR OTHER 
PURPOSES 
Be it enacted by the Senate and House of Representatives of the Republic of the Philippines in 
Congress assembled: 
SECTION 1. 
Title. - This Act shall be known as the "Department of Fisheries 
and Aquatic Resources Act of 2004". 
SEC. 2. 
Creatian. - 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 resouces 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 precautionaty principle and 
to prioritize conservation of the country's marine and aquatic resowces. 
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. The regulation of these marine activities, 
once rationalized by the Department, shall reside with the parent agency for the appropriate sector 
involved. 
SEC. 5. 
Powers and Functions. - To accomplish its mandate, the Department shall 
have the following powers, functions and responsibilities: 
(a) 
(b) 
Authority and responsibility over oceans use on fisheries and their habitat; 
Coordinate the implementation of fisheries and ocean sector policies, plans and 
laws for all maritime components; 
(c) 
Promulgate and enforce fisheries and oceans habitat regulations, which clarie 
and amplifv the aforementioned departmental mandate in accordance with the published 
fisheries and oceans management plans within its territorial jurisdiction; 
(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 development framework of the 
National Economic Development Authority, a fishery indushy development program and set 
policies and standards for the efficient and economic operations of the fishing industry in 
accordance with the objectives of food security and rational and sustainable development; 
(0 
Promulgate laws, rules and regulations governing the conservation and proper 
utilization of fisheries and aquatic resources except in municipal waters; 
(g) 
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 resowce 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 commercial fishing; 
(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; 
(i) 
Perform quasi-judicial and allied functions and settle conflicts of resource use 
and allocation in consultation with the NFARMC and LGUs; 
(k) 
It shall 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; 
(1) 
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 resouces and their habitat, all matters pertaining to fisheries 
production, processing, marketing and research 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; 
(4) 
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 @FDA), equipment and facilities such as slupyards, 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 shipbuilding 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 modernization credit program to finance fishery projects 
of fisherfolk, fish farmers, fish processors, commercial fishers and other qualified borrowers; 
and 
(x) 
(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 
dnd Management, and for Operations; one council, the National Fisheries and Aquatic Resources 
Management Council, one institute, the National 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 Ofice 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) 
(c) 
Special Projects Division; and 
(d) 
Technical Division. 
National and International Oceans Law and Policy 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 ofthe Secretary. 
SEC. 7. 
Functions of the Secretary of Fisheries and Aquatic Resources. - The 
Secretary of Fisheries and Aquatic Resources, hereinafier 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) 
Authority and 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; 
Establish management policies and standards for the efficient and effective operation 
(d) 
of the Department in accordance with the programs of the government; 
(e) 
Promulgate rules, regulations and other issuance in canying out the Department's 
mandate, objectives, policies, plans, programs and projects; and 
(0 
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 
Mnrine 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 hisher area of responsibility; 
(b) 
Exercise supervision and control over the bureaus, offices, services and operating 
units under hisiher responsibility; 
(c) 
Coordinate the functions and activities of the units under hisher responsibility with 
those of the other units in the Department; 


(d) 
Liaise 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) 
(6) 
Exercise supervision and control over the regional offices; 
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 
regonal offices; 
1 
(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 hisher 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' orgamzation and supervise support and 
extension services at the regional, provincial and municipal levels; and 
(0 
Perform other functions as may be provided by law or assigned by the Secretary. 
SEC. 9. 
Qualzxcations 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, 
publication 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 (BAIPJ - 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 maintaimng model aquaculture 
farms and ponds; providing technical assistance to cooperatives and fishpond operators in the 
development of a viable fishmeal and fishfeeds industry, undertalung inland fishery resowces 
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) 
(iii) 
(iv) 
Inland Fisheries Resource Assessment and Conservation Division; 
Inland Fishery Development and Extension Division; and the 
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 shall have a Director, two Assistant Directors, one for Product Standards and 
Technical Services and the other for Industry Compliance and Consumer Protectiox1 and the 
following divisions: 
Under the Assistant Director for Product Standards and Technical Services - 
(i) 
(ii) 
Technical Services Division; 
(iii) 
(iv) 
Fish Processing Technology Division. 
Standards Development and Promotion Division; 
Value-added Products Development and Promotion Division; and the 
Under the Assistant Director for Indusby Compliance and Consumer Protection - 
(i) 
Industry Compliance Division; 
(ii) 
(iii) 
Consumer Affairs Division; and the 
Arbitration and Dispute Resolution Division. 
(c) 
Bureau of Fisheries Extension, Training, and Support Service (BFETSAJ - 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 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) 
(ii) 
(iii) 
(iv) 
Training Centers; 
Training and Skills Development Division; 
Technology Transfer and Demonstration Division; 
Business Advisory and Information Support Division; 


(d) 
The Bureau of Fishitig Technology and Capture Fisheries (BFTCfJ -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; 
(iii) 
(iv) 
Fishing Technology Division 
High Seas Fisheries Division; and the 
(e) 
The Fisheries Modernization Credit and Financing A g e q  (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) 
(ii) 
Fisheries production including processing of fisheries products and inputs; 
Acquisition or construction of fishery equipment, machinery, fishing vessels and 
fishing gears; 
(iii) 
(iv) 
(v) 
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; 
(vi) 
economic activities; 
Working capital for fisheries graduates to enable them to engage in fisheries-related 
(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 Managemeni 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; 
(iii) 
Fisheries Licensing Division; 
(iv) 
(v) 
Fisheries Law Enforcement Division. 
Biotechnology, Biosafety and Bioprospecting Division; and the 
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 Momtoring 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 Ofticers 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. 
(g) 
The Bureau of Marine Protected Areas and U31dlge (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) 
(iv) 
CITES Management Authority; 
(v) 
Endangered Marine Species Captive Breeding Centers; 
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 
ofices and the following unit and bureau: 
(h) 
The Fisheries Inspection and Quarantine Inspectlon Sentice (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 
fisheryhquatic products coming into and going out of the wnntry 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 tb 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 andor 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: 
Regional fishery Inspection and Quarantine Offices; 
(i) 
(ii) 
Cyanide Detection Centers; 
(iii) 
(iv) 
Product Standards Enforcement Division. 
Regional Fish Health Centers; and the 
(i) 
The Bureau of Fishery Economics and Statistics (BFEq - 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) 
Fishely Statistics Division; 
(ii) 
Socioeconomic Division; and the 
(iii) 
Fishery Information Division. 
SEC. 11. 
Regional Offices and Functions. - The Department shall have such 


department-wide regional ofices 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, ofices 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 Qualpcation 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 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 Fishenes 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 Authonty 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 Ofice 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, fiuther, That no 
official or employee of the PFDA shall be laid off in the implemenmon of this Section. 
The Philippine Technical Advisory Committee of the SEAF'DEC 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. 
"he 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 
necessaty, who shall, pending reappointment, continue to perform their respective duties and 
responsibilities and receive the corresponding salaries and benefits in a hold-over capacity. 
@) 
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, pendmg 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 Secretav 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. 
App~op~#tio??s. 
- For the effective implementation of this Act, the amount of 
$3 billion pesos is hereby appropriated from the unappropriated funds of the National TreasuIy 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 P500,000,000.00 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 &om the proprietary services delivered by the Department, and the administrative fines 
imposed by the National Fisheries Regulatoty and Adjudication Boqd 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. 
Separabilily Clause - If any provision of this Act is declared 
unconstitutional 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. 
E'ectivlly 
Clause. - This Act shall take effect fifteen (15) days after 
publication in two (2) national newspapers of general circulation. 
Approved,