Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 1527

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 second in the Asian region with China as the highest in
seaweed production, and ranks 11th 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]he State shall protect the
nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to Filipino citizens.

With the impressive records described above and the expanse of fishery and
marine area in the country, it can be surmised 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, 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.

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, approval of this bill is earnestly sought

awh: TW

MARCELINO “MARCY” R. TEODORO
Representative
4® District, City of Marikina


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

SIXTEENTH CONGRESS
First Regular Session

1527

HOUSE BILL NO.

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

AN ACT CREATING THE 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. Short Title. — This Act shall be known as the “Department of Fisheries and
Aquatic Resources Act of 2013."

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 (EZ) and in the
adjacent high seas, consistent 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 goverment 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) 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 all maritime components;

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

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

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

(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
resources 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;

() 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 goverment units concerned;

(k) Prescribe rules and regulations including visitorial powers, procedures and
guidelines concerning the classification, establishment, —_ construction,
maintenance and operation of all fishing ports, landing sites and fish markets and
the operation of business therein except those that are owned and operated by
local government units;

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


matters pertaining to fisheries production, processing, marketing and research
results and technology advances;

(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 Intemational 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;

(9) 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;

(f) 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-builiding 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

(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 (3) Undersecretaries for Fisheries Production and Utilization,


Fisheries Conservation and Management, and for Operations; one (1) council, the
National Fisheries and Aquatic Resources Management Council; one (1) institute, the
National Fisheries Research and Development Institute; one (1) 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) National and International Oceans Law and Policy Division;
(0) 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;

(©) Advise the President on the promulgation of policies, rules and regulations, and
other issuance relative to the sustainable development and management of
fisheries and oceans resources;

(d) Establish management policies and standards for the efficient and effective
operation of the Department in accordance with the programs of the government;

(e) Promulgate rules, regulations and other issuance in carrying out the
Department's mandate, objectives, policies, plans, programs and projects; and

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

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 Orders, Administrative
Orders, and other issuances 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;

(©) 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

(g) 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;

(©) 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 organizations and people's organizations, and
supervise support and extension services at the regional, provincial and
municipal levels; and

(h) Perform such 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/she 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
International Code of Conduct for Aquaculture, promoting the intensification of
aquaculture operations in existing areas; formulating aquaculture development
programs; establishing and maintaining model aquaculture farms and ponds;
providing technical assistance to cooperatives and fishpond operators in the
development of a viable fishmeal and 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;
(i) Inland Fisheries Resource Assessment and Conservation Division;


(ii Intand 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 Republic Act No. 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 value-added fishery products for domestic
consumption and export

The Bureau shall have a Director, two (2) 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 gears and methods. It shall
formulate a National Extension System for Fisheries, which shall be composed of
three (3) subsystems: the national goverment subsystem, the local government
subsystem and the private sector subsystem. It shall deliver the following major
services: training services; credit and financing support services; business
advisory services; demonstration services; and information and communication
support services through tri-media. It shall have the following divisions:

(i) Training and Skills Development Division;

(ii) Technology Transfer and Demonstration Division;

(iii) Business Advisory and Information Support Division; and the
(iv) Training Centers.

(@) The Bureau of Fishing Technology and Capture Fisheries (BFTCF) ~ The BFTCF
shall have direct supervision and control over the utilization of marine resources
including commercial, intemational and small-scale fisheries. It shall formulate
development programs for the expansion of the marine fishery industry, explore
new fishery resources and develop environment friendly but efficient fishing
gears. It shall be headed by a Director and two (2) Assistant Directors and shall
have the following divisions:

(i) Municipal Fisheries Division;

(ii) Commercial Fisheries Division;

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


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

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

(ii) Acquisition of 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 whale shark 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, local 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 (2)
Assistant Directors and shall have the following divisions:

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

(ii) 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
Zone Monitoring and Surveillance Centers. It is further subdivided into the
Vessel Tracking and Remote Sensing Office, and the Database and
Information Center, and

(li) 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,

(g) 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 fulfilment of the country’s obligations under CITES, the
Convention on Biological Diversity and other treaties and international
agreements. It shall have the following divisions:

(i) Marine Protected Areas Division;

(ii) Marine Wildlife Rescue Centers;

(iii) Endangered Marine Species Captive Breeding Centers;

(iv) CITES Management Authority;

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

(vi) Biodiversity Division.

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

(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 intemational
agreements of which the Philippines is a State Party. It shall have the following
units:

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

(iii) Regional Fish Health Centers; and 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
departmentwide 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 (4) line divisions which shall have the following duties and responsibilities:

(a) Provide efficient and effective front-line service to the fishery and aquatic industry
sector, particularly to the municipal fishermen;

(b) Implement in its area of jurisdiction, the laws, policies, plans, programs, projects,
rules and regulations of the Department;

(c) Coordinate with the Regional Office of the other departments, offices and
agencies in the region; and

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

SEC. 12. Appointment and Qualification of Directors. - The Directors of the Bureaus,
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 (5) 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
Council 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 (PFDA) created by Presidential
Decree No. 977 including its relevant functions, appropriations, records, properties,
equipment and personnel are 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 chairperson 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 Council 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 are
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
(LDA), 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 appropriations, records, properties, equipment and personnel are
transferred to the National Fisheries Research and Development Institute of the
Department of Fisheries and Aquatic Resources.

The Marine Research and Conservation Division and the different Sections
thereunder and the Coastal Environment Program including its relevant appropriations,
records, properties, equipment and personnel, 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 appropriations, records, properties,
equipment and personnel are transferred to the Department of Fisheries and Aquatic
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 hold-over 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 pattem, 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 (Php 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 the amounts
necessary to carry out the special research projects, management and conservation
programs, staff development programs, and the acquisition of equipment, vessels,
airplanes and 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 subject 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 provisions of this 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 after its
Publication in two (2) newspapers of general circulation.

Approved,