SEVENTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
F irst R eg u lar S ession 
]
SENATE
S.B. No. ^^266
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Introduced by SEN. WIN GATCHALIAN
AN ACT
CREATING A DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES, 
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND OTHER PURPOSES
EXPLANATORY NOTE
N ature h as blessed our country with ab u n d an t and diverse m arine 
resources. Studies have shown th at Philippine seas hold at least 2,000 species of 
fish, 5,000 species of m ollusks, crustaceans and other m arine life, 22 species of 
whales and dolphins, more than 900 species of seaweed, and more than 400 
species of corals.
This precious m arine resources are valuable to the life and livelihood of the 
Filipino people. O ur seas supply food for millions of Filipinos. It is estim ated that 
more than 30 million Filipinos are dependent on these m arine resources for 
survival.
The fishing industry’s contribution to the country’s Gross Domestic Product 
(GDP) were 1.6% and 1.8% at current and constant 2,000 prices, respectively. This 
translates to some P I97 billion for current prices and P I30 billion for constant 
prices for the country’s GDP of P12, 643.00 billion (current prices) and P7, 164 
billion (constant prices).
The industry also accounted for 13.8% (P197billion) and 18.3% (P131billion) 
of the Gross Value Added in Agriculture, Hunting, Forestry and Fishing Group of


P I, 428 billion and P717.8 billion at current and constant prices, respectively. 
This is the largest share next to agricultural crops.
The Constitution under Article XIII Section 7 guarantees the right of 
subsistence fisherm en to the preferential use of the com m unal m arine and fishing 
grounds, which the State shall protect, develop and conserve, including offshore 
fishing grounds that shall be protected against foreign intrusion.
This bill seeks the creation of a D epartm ent of Fisheries and Aquatic 
Resources to ensure the protection, development and sustainable use of our seas 
and m arine resources for the benefit of our people, including subsistence 
fisherm en entirely dependent our seas for their livelihood.
Due to the foregoing considerations, the passage of this bill is earnestly 
sought.
This is a Senate counterpart bill to one filed in the House of Representatives 
by Rep. Gloria Macapagal-Arroyo.
[ATCHAL'


SEVENTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
F irst R eg u lar Session 
]
Uk d«rcrr(arjr
1 6  
DEC- 5 .  P 4 t4 1
RECElVLOr.1
S.B. No.
SENATE
1266
Introduced by SEN. WIN GATCHALIAN
AN ACT
CREATING A DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES, 
PROVIDING FOR ITS POWERS AND FUNCTIONS, AND OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the "Departm ent of 
Fisheries and Aquatic Resources Act of 2016."
SEC. 2. D eclaratio n  o f Policies. - It is hereby declared the policy of the 
State to promote the sustainable development and m anagem ent of all fisheries, 
m arine and aquatic resources in Philippine w aters including its exclusive 
economic zone (EEZ) and in the adjacent high seas, consistent with the primordial 
objective of m aintaining a sound ecological balance and protecting the 
environment.
The State shall protect and conserve the nation s m arine wealth in its 
archipelagic w aters, territorial sea and EEZ. The State shall adopt the 
precautionary principle as guide to conserve the country’s m arine and aquatic 
resources.
The State shall reserve the use and enjoyment of its m arine and aquatic 
wealth exclusively to Filipino citizens and ensure the protection of the rights of 
small-scale fisherm en in the preferential use of com m unal m arine, fisheries and 
aquatic resources. The State through its agencies shall provide small scale


fisherm en with the appropriate technical and financial support so they may 
sustainably cultivate these m arine resources.
SEC. 3. C reation. ■ The D epartm ent of Fisheries and Aquatic Resources, 
hereinafter referred to as the "D epartm ent” is hereby created in accordance with 
the provisions of this Act.
SEC. 4. Ju ris d ic tio n  o f th e  D epartm ent. - The D epartm ent shall have 
prim ary jurisdiction over the m anagem ent, conservation, development, protection, 
utilization and disposition of all fishery and aquatic resources of the country, 
including the habitats of fish and all other m arine life and over activities which 
im pact on these habitats, except that m unicipal w aters shall rem ain under the 
jurisdiction of the concerned local government units (LGUs). 
The LGUs shall 
m anage their respective m unicipal w aters in accordance with national fishery 
policies, laws, rules and regulations.
The D epartm ent 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 m arketing of all fisheries and aquatic products in the 
country.
The D epartm ent shall also have the responsibility of rationalizing all ocean 
sector initiatives which im pact on fish and m arine resources or their habitat 
including, but not limited to: m arine energy exploration and development; coastal 
and m arine tourism ; designation of shipping lanes; protected areas and m arine 
industry development areas. The regulation of these m arine activities once 
rationalized by the D epartm ent shall vest upon the parent agency for the 
appropriate sector involved.
SEC. 5. Poiuers a n d  F unctions. - To accom plish its m andate, the 
D epartm ent shall have the following powers, functions and responsibilities:
(a) Exercise authority and responsibility over oceans use of 
fisheries and their habitat;
(b) Coordinate the im plem entation of fisheries and ocean sector 
policies, plans and laws for all m aritim e components;
(c) 
Promulgate and enforce fisheries and oceans habitat
regulations which clarify and amplify the aforem entioned departm ental 
m andate in accordance with the published fisheries and oceans 
m anagem ent plans;


(d) Prepare and im plem ent a comprehensive Fisheries
M anagement 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 m arine resources;
(e) 
Form ulate and im plem ent consistent with the developmental 
framework of the National Economic Development Authority a fishery 
industry development program  and set policies and standards for the 
efficient and economic operation of the fishing industry in accordance 
with the objectives of food security and rational and sustainable 
development;
(f) 
Promulgate laws, rules and regulations governing the 
conservation and proper utilization of fisheries and aquatic resources 
except in m unicipal w aters which shall rem ain to be under the 
jurisdiction of the LGU concerned;
(g) Issue licenses for the operation of commercial fishing
vessels and perm its for the conduct of fishery activities subject to the 
specific carrying capacities of the resource as determ ined by scientific 
studies or best available evidence with preference given to resource 
users in the local com m unities living adjacent or nearest to the 
m unicipal waters;
(h) Issue fish worker licenses and identification cards free of 
charge to fish workers 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 governm ent officials and employees, 
punong barangays and officers and m em bers of fisherfolk associations 
who have undergone training on law enforcement;
(j) 
Perform quasi-judicial and allied functions and settle conflicts
of resource use and allocation in consultation with the National 
Fisheries and Aquatic Resources M anagement Council and the LGUs 
concerned;
(k) Prescribe rules and regulations including visitorial powers, 
p ro c e d u re s  a n d  g u id e lin e s  c o n c e rn in g  th e  c la s s ific a tio n .


establishm ent, construction, m aintenance and operation of all fishing 
ports, landing sites and fish m arkets and the operation of business 
therein except those that are owned and operated by LGUs;
(l) 
Establish and m aintain a Philippine Fisheries and Aquatic 
Resources Information System (PFARIS) th at will function as the 
principal depository and inform ation server of all fisheries and ocean- 
related information in the country, including but not limited to the 
status of fisheries and m arine resources and their habitat, all m atters 
pertaining to fisheries production, processing m arketing 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 m arine 
resources in Philippine w aters are judiciously and wisely utilized and 
m anaged on a sustainable basis;
(n) Actively engage in the conservation, protection and
rehabilitation of rare, threatened and endangered m arine species as it 
may determ ine including their habitats;
(o) Implement relevant provisions of international treaties and 
agreem ents 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 form ulate rules and regulations for the 
conservation and m anagem ent of straddling fish stocks and highly 
migratory species;
(p) Designate m arine areas as protected areas for the special 
purposes stated in the notice of declaration;
(q) Form ulate and enforce the Code of Practice for A quaculture 
and Code of Conduct for Responsible Fisheries;
(r) 
Promote international economic and technical cooperation in
the fisheries and oceans sectors and in integrated oceans m anagem ent, 
especially within the ASEAN region;
(s) 
Impose adm inistrative sanctions including fines for minor
fisheries and ocean infractions, in accordance with the schedules and 
limits as agreed upon by the D epartm ent of Justice and embodied in 
fisheries regulations;


(t) 
Acquire, m aintain, operate, purchase, ease or dispose, 
through the Philippine Fisheries Development Authority (PFDA), 
equipm ent and facilities such as shipyards, fishing vessels, fishing 
gears, and refrigerated tru c k s, ice p la n ts and cold storages, 
com m unication, 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, 
equipm ent, facilities and services to support the D epartm ent’s projects 
and to adjust the sam e as w arranted;
(v) 
Provide, through the PFDA infrastructure support such as 
m unicipal fishing ports and m arkets, farm -to-m arket roads, quality 
laboratories in fish ports, m arketing 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
M arketing A ssistance Program, aimed at ensuring the generation of the 
highest possible income for flsherfolk and fishery-related enterprises, 
m atching supply and dem and in both domestic and foreign m arkets;
(x) Administer a fisheries m odernization credit program  to
finance fishery projects of flsherfolks, fish farm ers, 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. C om position - The D epartm ent shall consist of an Office of the 
Secretary, the offices of the U ndersecretary for 
Fisheries Production and 
Utilization, U ndersecretary for Fisheries Conservation and M anagement, and an 
U ndersecretary for Operations.
SEC. 7. The S ecretary. -  The Secretary of the D epartm ent of Fisheries and 
Aquatic Resources shall be appointed by the President and shall exercise the 
following functions:
(a) Supervise and control the D epartm ent and all B ureaus, 
Offices and Institutes under it;


(b) Exercise authority and assum e responsibility for the 
perform ance of the powers and functions of the Departm ent;
(c) Advise the President on the prom ulgation of policies, rules
and regulations, and other issuances relative to the sustainable 
development and m anagem ent of fisheries and oceans resources;
(d) Establish m anagem ent policies and standards for the
efficient and effective operation of the D epartm ent in accordance with the 
program s of the government;
(e) Promulgate rules, regulations and other issuance in carrying out 
the D epartm ent’s m andate, objectives, policies, plans, program s and 
projects; and
(f) Perform such other functions as may be provided by law or 
assigned by the President.
SEC. 8. The U ndersecretary. -  The Secretary shall be assisted by the three 
(3) U ndersecretaries, namely, the U ndersecretary for Fisheries Production and 
Utilization; the Undersecretary for Fisheries Conservation and Management; and the 
Undersecretary for Operations.
No person shall be appointed U ndersecretary of the D epartm ent unless he is 
a Filipino citizen; at least a degree holder in fisheries, public adm inistration, 
m anagem ent, economics, law or other equivalent relevant disciplines, has actual 
experience in adm inistration and m anagem ent for at least ten (10) years and has 
general practical knowledge of fisheries.
Each U ndersecretary shall be a career officer and appointed by the President 
upon the recom m endation of the Secretary.
SEC. 9. F unctions o f th e  U ndersecretaries f o r  F isheries P roduction a n d  
U tilization a n d  fo r F isheries C onservation a n d  M anagem ent sh a ll h a w  th e 
follow ing fu n ctio n s:
(a) Advise the Secretary on the form ulation of policies
program s, plans, rules and regulations as well as on the prom ulgation of 
D epartm ent Orders, Administrative Orders, and other issuances with 
respect to h is/h e r area of responsibility;


(b) Exercise supervision and control over the bureaus, offices, 
services and operating units under h is/h e r responsibility;
(c) Coordinate the functions and activities of the units under
h is/h e r responsibility with those of the other units in the Departm ent;
(d) Liaison with concerned government departm ents, agencies,
and offices to ensure effective coordination in the m anagem ent of the 
fisheries and oceans sector; and
(e) Perform such other functions as may be provided by law or 
assigned by the Secretary.
SEC. 10. F u n ctio n s o f th e Office o f th e  U ndersecretary f o r  O perations. -
a) Exercise supervision and control over the regional offices.
b) Coordinate, harm onize and package the policies, plans, program s and 
projects of all the B ureaus, Services, Offices and U nits of the 
D epartm ent, for the proper im plem entation by the regional offices.
c) Advise the Secretary in the form ulation of policies, plans and 
program s as well as on the prom ulgation of rules, regulations and orders 
with respect to h is/h e r area of responsibility;
d) Exercise supervision and control over the Fisheries
Inspection and Q uarantine Inspection Service and the B ureau of Fishery 
Economics and Statistics;
e) Establish linkage with local government units, local fisherfolk 
associations and organizations, non-governm ent organizations and 
peoples’ organizations and supervise support and extension services at 
all regional, provincial and m unicipal levels; and
f) 
Perform other functions as may be provided by law or 
assigned by the Secretary.
SEC. 11. O ther Offices u n d er th e Office of th e  S ecretary. - In addition, 
there shall be a National Fisheries and Aquatic Resources M anagement Council, a 
National Fisheries Research and Development Institute, and an Office of Ocean and 
Marine Affairs.
There shall likewise be established, a Fisheries and Aquatic Resources 
Information Service, Policy Analysis and Planning Service, as well as Personnel,


Finance, Legal and Property and General Services, which shall be under the control 
and supervision of the Office of the Secretary.
The Office of O cean and M arine Affairs shall have authority and 
responsibility over ocean use. It shall be the D epartm ent’s prim ary agency tasked 
with the im plem entation 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 assessm ent and clearance by this Office which shall 
rationalize initiatives that will negatively im pact on fisheries or their habitat. It 
shall coordinate the im plem entation of fisheries and ocean sector policies, plans 
and laws for all maritim e com ponents. It shall be headed by a Director and shall 
have the following divisions:
(a) Oceans Use A ssessm ent and Clearance Division;
(b) National 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 am ended, shall be an attached agency of the D epartm ent under 
the Office of the Secretary.
SEC. 12. B u reau s, A gencies a n d  Services u n d e r th e  Office o f th e  
U n d ersecretary f o r  F ish eries P ro d u ctio n  a n d  U tilization. - The following 
bureaus, agencies and services, attached to the D epartm ent and under the 
supervision and control of the U ndersecretary for Fisheries Production and 
Utilization are hereby created. They shall exercise the following functions:
(a) Bureau of Aquaculture and Inland Fisheries (BAIF) - The
BAIF shall, am ong others, be responsible for regulating aquaculture 
operations in line w ith the In tern atio n al Code of C onduct for 
Aquaculture; prom oting the intensification of aquaculture operations in 
existing areas; form u lating a q u a c u ltu re  developm ent program s; 
establishing and m aintaining model aquaculture farm s and ponds; 
providing technical assistance to cooperatives and fishpond operators in 
the developm ent of a viable fishm eal and fish feeds in d u stry ; 
undertaking inland fishery resources evaluation, and recommending 
m anagem ent and conservation m easures.
8


The Bureau shall be headed by a Director and shall be composed 
of the following divisions:
i) 
A quaculture M anagement and Development Division;
ii) 
Inland Fisheries Resource A ssessm ent and C onservation 
Division;
iii) 
Inland Fishery Development and Extension Division; and
iv) 
Environm ental Impact A ssessm ent and Monitoring Division.
(b) Bureau of Postharvest and Fisheries Product Standards 
(BPFPS) -The fishery com ponent of the Bureau of Agriculture and 
Product Standards created under Section 61 of Republic Act No. 6435 
shall be transferred to the BPFPS which shall form ulate and enforce 
standards of quality in the processing, preservation, packaging, labeling 
im portation, exportation, d istrib u tio n  and advertising of fishery 
products; conduct research on product standardization, alignm ent of the 
local sta n d a rd s w ith the in te rn a tio n a l stan d a rd s; prom ote and 
strengthen semi- processing and handling; and develop valued-added 
fishery products for domestic consum ption and export.
The B ureau shall have a Director, two A ssistant Directors, one for 
Product Standards and Technical Services and the other for Industry 
Compliance and Consum er Protection and the following divisions:
Under the A ssistant Director for Product Standards and Technical 
Services -
i) 
Standards Development and Promotion Division;
ii) Technical Services Division;
iii) Value-added Products Development and Promotion Division; and
iv) Fish Processing Technology Division,
Under the A ssistant Director for Industry Compliance and 
Consum er Protection --
i) 
Industry Compliance Division;
ii) 
Consum er Affairs Division; and
iii) 
Arbitration and Dispute Resolution 
Division.
(c) Bureau of Fisheries Extension, Training and Support


Institute, it shalt determ ine and establish the carrying capacity and total 
allowable catch (TAG) for a particular resource, it shall set the allowable 
fishing effort based on the carrying capacity of the resource and TAG and 
accordingly issue commercial fishing licenses and perm its. It shall be 
headed by a Director and two A ssistant Directors and shall have the 
following divisions:
(i) Coastal Resources M anagem ent Division;
(ii) Oceanography Division;
(iii) Fisheries Licensing Division;
(iv) B io te c h n o lo g y , B io sa fe ty  a n d
Bioprospecting Division; and
(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 enforcem ent trainings and 
recommend to the Secretary the deputation of government employees and 
m em bers 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 enforcem ent 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 
D atabase and Information Center;
ii) The Fisheries Air Patrol and Oceans Patrol, and 
the Regulatory Staff composed of Fishery Officers,
Deputized Fisheries G uardians and to corps of specialists 
from the DND, PNP-MARICOM ,DILG, DFA and DOJ. The 
Fishery Officers shall have full police powers relative to the 
enforcem ent of fishery laws, rules and regulations including 
arrest, search and seizure, and shall have the authority to
directly file com plaints for violation of fishery laws, rules and 
regulations.
12


1. The Bureau of Marine Protected Areas and Wildlife
(BMPAW) - The BMPAW is a line bureau responsible for establishing 
and m aintaining m arine protected areas and wildfire sanctuaries. It shall lead 
in the conduct of scientific researches on the proper strategies for the 
conservation and protection of m arine 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 m arine wildlife. It 
shall have the authority to issue Committee on International Trade on 
Endangered Species (CITES) Perm its and shall be both the CITES M anagement 
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 agreem ents. It shall 
have the following divisions:
i) 
Marine Protected Areas Division;
ii) Marine Wildlife Rescue Centers;
iii) Endangered Marine Species Captive Breeding Centers;
iv) CITES M anagement Authority;
v) E ndangered M arine Wildlife R esearch C enter shall be the 
D epartm ent’s CITES Scientific Authority which shall coordinate 
with academic institutions designated as scientific authorities; 
and
vi) Biodiversity Division.
Sec. 14. The U ndersecretary for O perations. — The U ndersecretary for 
operations shall have direct control and supervision over all regional offices and 
the following unit and bureau:
(a) The Fisheries Inspection and Quarantine Inspection Service (FIQISI - 
The FIQIS 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 m arkets in order to ensure freshness, 
safety and quality of products and to ensure that these products 
conform to the standards prescribed by the D epartm ent and the
13


quarantine of aquatic anim als and fishery products determ ined or 
suspected to be with fishery pest and diseases and prevent the 
movement or trade from and into the country of these products so 
prohibited or regulated under existing laws, rules or regulations and 
international agreem ents of which the Philippines is a State Party. It 
shall have the following units;
i) 
Regional Fishery Inspection and Q uarantine Offices;
ii) Cyanide Detection Centers;
iii) Regional Fish Health Centers; and
iv) Standards Enforcement Division.
(b) The Bureau of Fishery Economics and Statistics (BEES) -  The BFES 
shall be a line bureau responsible for establishing benchm ark 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 fisheiy production, and establish a network of fishery 
information, docum entation, and dissem ination. It shall have the 
following divisions:
i) 
Fisheiy Statistics Division;
ii) Socioeconomic Division; and
iii) Fishery Information Division.
SEC. 15. R egional O ffices a n d  F unctions. -  The D epartm ent shall have 
such departm ent-wide regional offices as may be necessary in the adm inistrative 
regions each to be headed by a Regional Director, who shall be assisted by an 
A ssistant 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 industiy sector, particularly to the m unicipal fishermen;
(b) Implement in its area of jurisdiction, the laws, policies, plans, 
program s, projects, rules and regulations of the Department;
(c) Coordinate with the Regional Office of the other departm ents, offices 
and agencies in the region; and
(d) Perform other functions as may be provided by law or assigned by the 
Secretary.
14


SEC. 16. A ppointm ent a n d  Q u alificatio n  o f D irectors. -  The Directors of 
the B ureau, Offices, and Agencies and the Regional Directors shall be appointed by 
the Secretary, upon the recom m endation of the U ndersecretaries concerned. The 
Directors m ust have a degree in law, or a m aster of science degree in Marine 
Fisheries, Oceanography, Fisheries Biology, Marine Biology, Fisheries Technology, 
Microbiology or related sciences, or public adm inistration and at least five (5) years 
of experience either in the public or private sector, in m arine fisheries research and 
development, or in the fisheries industry.
SEC. 17. A bolition, T ran sfe r a n d  M erger. -  The Bureau of Fisheries and 
Aquatic Resources (BFAR) reconstituted by Republic Act No. 8550, is hereby 
abolished and its relevant functions, appropriations records, properties, equipm ent 
and personnel are hereby transferred to the D epartm ent of Fisheries and Aquatic 
Resources: Provided, however. That no official or employee of the BFAR shall be 
laid off in the im plem entation of this Section.
The National and Municipal Fisheries and Aquatic Resources M anagement 
Councils created by Republic Act No. 8550 shall be transferred to the Office of the 
Secretary of the D epartm ent of Fisheries and Aquatic Resources.
The National Fisheries Research and Development Institute created by 
Republic Act No. 8550 is transferred to the departm ent and shall serve as its 
principal research arm.
The Philippine F isheries D evelopm ent A uthority (PFDA) created by 
Presidential Decree No. 977 including its relevant functions, appropriations 
records, properties, equipm ent and personnel, is hereby transferred to the 
D epartm ent of Fisheries and Aquatic Resources as an attached agency under the 
Office of the Secretary: Provided, however. That the Secretaiy of the D epartm ent of 
Fisheries and Aquatic Resources shall be the new chairm an of the Board: Provided 
further. That no official or employee of the PFDA shall be laid off in the 
im plem entation of this Section.
The Philippine Technical Advisory Committee of the SEAFDEC A quaculture 
D epartm ent created under Executive Order No. 834, dated October 4, 1962, 
including its relevant functions, appropriations, records, properties, equipm ent 
and personnel, is hereby transferred and attached to the D epartm ent of Fisheries 
and Aquatic Resources: Provided, That no official or employee of the Board shall be 
laid off in the im plem entation of this Section.
The Philippine Council for Aquatic and Marine Research and Development is
15


abolished and all its personnel records, appropriations, property and equipm ent 
are transferred to the National Fisheries Research and Development Institute of the 
D epartm ent of Fisheries and Aquatic Resources.
The Marine Research and Conservation Division and the different Sections 
th ereu n d er and the C oastal E nvironm ent Program  including its relevant 
appropriations, personnel, records, property and equipm ent, all m arine and coastal 
related projects and program s of the D epartm ent of Environm ent and Natural 
Resources, and all fisheries related functions of the DENR under Executive Orders 
No. 192 and 292, except the functions of the enforcem ent of w ater pollution laws, 
rules and regulations, are hereby transferred to the D epartm ent of Fisheries and 
Aquatic Resources.
The fisheries-related sections of the B ureau of Agricultural Research, the 
B ureau of Agricultural Statistics and the Agricultural Training Institute of the 
D epartm ent of Agriculture are hereby abolished and all its personnel, records, 
appropriations, property and equipm ent are transferred to the D epartm ent of 
Fisheries and Aquatic Resources.
SEC. 18. T ran sito ry  Provisions. -  In accomplishing the acts of organizing 
the departm ent 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, equipm ent, facilities, choses 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 reappointm ent, 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, equipm ent, facilities, choses 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 reappointm ent, 
continue to perform their duties and responsibilities and receive the 
corresponding salaries and benefits in a holdover capacity.
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SEC. 19. O rg an izatio n  C om m ittee. -  The duly appointed Secretary of 
Fisheries and Aquatic Resources shall im m ediately create an organization 
committee which shall study and form ulate the staffing pattern, qualification 
standards, and placem ent of personnel in the D epartm ent, its services, bureaus, 
and offices. The Committee shall be composed of representatives from the 
D epartm ent of Budget and M anagement, Civil Service Commission, the fishery 
industry and the academe.
SEC. 20. A p p ro p riatio n s. - For the effective im plem entation of this Act, the 
am ount of Five Billion Pesos (P5,000,000,000.00) is hereby appropriated from the 
unappropriated funds of the National Treasury and the current budgetary 
appropriations of the B ureau 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 am ount necessary for the construction of a 
national office of the D epartm ent of Fisheries and Aquatic Resources equivalent is 
hereby appropriated from the unappropriated funds of the National Treasury.
The revenues which the D epartm ent will generate from its licensing 
operations, the fees collected from the proper services delivered by the Departm ent, 
and the adm inistrative fines imposed by the National Fisheries Regulatory and 
Adjudication Board shall constitute the D epartm ent’s revolving fund from which 
am ounts necessary to carry out the special research projects, m anagem ent and 
conservation program s, staff development program s, and the acquisition of 
equipm ent, 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 funds shall be subject to COA 
rules and regulations.
SEC. 21. S e p a ra b ility  C lause. -  If any provision of this Act is declared 
unconstitutional and inoperative, the other provisions not so declared shall rem ain 
in force and effect.
SEC. 22. R ep ealin g  C lause. -  All laws, decrees, orders, rules and 
regulations or parts thereof inconsistent with the Act or the rules and regulations
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prom ulgated p u rsu an t thereto are hereby repealed or am ended accordingly.
SEC. 23. E ffectivity C lause. -  This Act shall take effect fifteen (15) days 
after publication in two (2) national new spaper of general circulation.
Approved,
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