QEPRES,
Ca NS

Republic of the Philippines ca

WD
oy a
HOUSE OF REPRESENTATIVES iS RECEIVED 4
Quezon City, Metro Manila I pATE 29 So? 105 |
oS TIME pee uy
‘Twentieth Congress 4 BY “J

First Regular Session xy Rs

Wo inpetZ

House BILLNo. 4403

Introduced by Representative RAYMOND ADRIAN SALCEDA

ACT
CREATING THE DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES,
DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The Philippines is an archipelagic nation with more than 36,000 kilometers of coastline
and one of the richest marine biodiversity in the world. Fisheries and aquatic resources provide
livelihood to millions of Filipinos, supply essential protein requirements to our population, and
contribute significantly to national food security, foreign exchange eamings, and rural
development.

Despite this immense potential, the fisheries sector continues to face critical challenges.
Overfishing, destructive fishing practices, coastal degradation, climate change, and illegal,
unreported and unregulated (IUU) fishing have reduced fish stocks and imperiled the welfare
of fishing communities. Fragmented institutional arrangements and limited resources for
fisheries management have hindered the State’s ability to address these problems
comprehensively.

Republic Act No. 8550, or the “Philippine Fisheries Code of 1998,” as amended by
Republic Act No. 10654, sought to provide a framework for sustainable fisheries management.
However, the Bureau of Fisheries and Aquatic Resources (BFAR), as a mere bureau under the
Department of Agriculture, has lacked the institutional stature and capacity to discharge the
wide-ranging responsibilities required of modem fisheries governance.

‘This bill therefore proposes the creation of a Department of Fisheries and Aquatic
Resources (DFAR) as the primary government agency mandated to oversee the development,
management, regulation, and protection of the nation’s fisheries and aquatic resources. The
new Department shall:



1. Exercise jurisdiction over fisheries and aquatic resources, including habitats and
activities that affect them;

2. Ensure sustainable and science-based management of fish stocks and ecosystems;

3. Provide support services to fisherfolk, fish farmers, processors, and industry
stakeholders;

4. Strengthen monitoring, control and surveillance against [UU fishing;
5. Promote research, innovation, and the blue economy; and

6. Rationalize overlapping mandates by consolidating fisheries-related functions currently
dispersed across different agencies.

The bill likewise establishes a Fisheries Commission, an independent regulatory and
quasi-judicial body, to ensure effective enforcement of fisheries laws and adjudication of
disputes. It further provides for the orderly transfer, abolition, and attachment of existing
agencies and offices, and guarantees security of tenure for affected personnel in accordance
with the Government Reorganization Law.

By elevating fisheries governance into a full-fledged Department, the State will be
better positioned to secure the long-term sustainability of our marine wealth, protect the rights
and welfare of small-scale fisherfolk, promote food security and fish self-sufficiency, and
enable the Philippines to harness the full potential of the blue economy for inclusive national
development.

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



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

Twentieth Congress
First Regular Session

HOUSE BILLNO.4403

Introduced by Representative RAYMOND ADRIAN SALCEDA

AN ACT
CREATING THE DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES,
DEFINING ITS POWERS AND FUNCTIONS, PROVIDING FUNDS THEREFOR,
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.”

CHAPTER I
POLICIES AND DEFINITIONS

SEC. 2. Declaration of Policies. It is hereby declared the policy of the State to protect
and conserve the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive
economic zone (EEZ), and reserve their sustainable use and enjoyment exclusively to Filipino
citizens.

‘The State shall promote and ensure the sustainable development and management of
all fisheries and marine resources in Philippine waters, including the EEZ and in the adjacent
high seas in order to maintain a sound ecological balance, protect and enhance the quality of
the environment, and ensure the country's food security and fish self-sufficiency.

It shall protect the rights of small-scale fisherfolk in the preferential use of communal
marine, fisheries, and aquatic resources. It shall also be the policy of the State to support private
initiatives in aquaculture and fisheries business ventures both in the production and in the
exportation or importation of fish and fisheries products and by-products. Towards this end,
the State shall provide the fisherfolk, fish farmers, processors of marine products, traders, and
other investors the appropriate technical, financial, entrepreneurial, and other support services
in order to improve fish production, fish security and self-sufficiency, and to uplift the lives of
those dependent on the fisheries industry.


SEC. 3. Creation and Mandate. To carry out the above-declared policies, there is hereby
created a Department of Fisheries and Aquatic Resources, hereinafter referred to as the
Department.

(a) The Department shall have primary jurisdiction over the development, management,
regulation, utilization, and disposition of all fisheries and aquatic resources of the
country, including the habitats of fish and all other marine life and activities which
impact these habitats.

(b) The Department shall coordinate with the Department of Environment and Natural
Resources (DENR) and other appropriate agencies to ensure that its policies are in
consonance with national government policies on the protection, preservation, and
conservation of the environment and natural resources: Provided, That the use of
municipal waters for fisheries shall be governed by Article I of Republic Act No. 8550,
otherwise known as the Philippine Fisheries Code of 1998, as amended, and by
Republic Act No. 7160, otherwise known as the Local Government Code, as amended,
and municipal fisherfolk shall retain the right to preferential use of municipal waters
for fisheries: Provided further, That the development and management of municipal
waters shall be undertaken jointly by the Department and local government units
(LGUs), while the regulation and preservation, including the setting of rules, standards,
and restrictions on their use, development, and management, shall be primarily the
responsibility of the Department.

(c) The Department shall ensure the equitable sharing of the benefits derived from the
utilization and disposition of fisheries and aquatic resources for the welfare of the
present and future generations of Filipinos.

(4) The Department shall have the responsibility of rationalizing all blue economy
activities or initiatives which impact fisheries and aquatic resources including:

(1) Processing;

(2) Marine resource utilization and development such as biotechnology and
bioprospecting, seaweed farming or harvesting;

(3) Protection of marine ecosystems such as coral reefs;

(4) Mangroves preservation;

(5) Coastal protection;

(6) Marine protected areas;

(7) Promotion and regulation of coastal and marine tourism;
(8) Marine energy exploration and development;

(9) Marine scientific research; and

(10) Other areas of marine industry development.

The regulation of these marine activities, once rationalized by the Department, shall be
exercised by the parent agency for the appropriate sector involved.

SEC. 4. Definition of Terms. As used in this Act:
(a) Aquaculture refers to the fisheries operations involving all forms of raising and

culturing fish and other fishery species in fresh, brackish, and marine water areas,
including hatcheries and nurseries, and aquatic feed production;


(b) Aquatic Resources refer to the living resources in freshwater, brackish water, and
marine waters, including fish, all other aquatic flora and fauna, and other living
resources of the aquatic environment, including but not limited to salt and corals;

(0) Archipelagic Waters refer to the waters enclosed by the archipelagic baselines drawn
in accordance with Article 47 of the United Nations Convention on the Law of the Seas
(UNCLOS), described as archipelagic waters, regardless of their depth or distance from
the coast as contemplated in Article 49 (1) of the UNCLOS;

(d) Blue Economy refers to the sustainable use of ocean resources for economic growth,
improved livelihood and employment, while preserving the health of the ocean
ecosystem. It takes into account the overall contribution of the oceans to economies,
the need to address the environmental and ecological sustainability of the oceans and
the ocean economy as a growth opportunity for human development, social equity, and
ecological well-being;

(© Blue Economy Initiatives or Activities refer to traditional ocean activities such as
fisheries, tourism, maritime transport, and waste management, including emerging
industries such as renewable energy, aquaculture, seabed extractive activities, and
marine biotechnology and bioprospecting. Blue economy activities also include ocean
ecosystem services not captured by the market but provide significant contribution to
economic and human activity such as carbon sequestration, coastal protection,
ecosystem preservation, management of marine pollution, waste disposal, and the
existence of biodiversity;

(f) Code refers to Republic Act Number 8550, otherwise known as the Philippine
Fisheries Code of 1998, as amended by Republic Act Number 10654;

(g) Commercial Fishing refers to the taking of fishery species by passive or active gear
for trade, business and profit beyond subsistence or sports fishing, to be further
classified as:

(1) Small-scale commercial fishing — fishing with passive or active gear
utilizing fishing vessels of 3.1 gross tons (GT) up to twenty (20) GT;

(2) Medium-scale commercial fishing — fishing utilizing active gears and
vessels of 20.1 GT up to one hundred fifty (150) GT; and

(3) Large commercial fishing — fishing utilizing active gears and vessels of
more than one hundred fifty (150) GT;

(h) Fisheries refers to all activities relating to the act or business of fishing, culturing,
preserving, processing, marketing, developing, conserving, and managing aquatic
resources and the fishery areas, including the privilege to fish or take aquatic resources
therefrom;

(® Fisheries Commission refers to the Commission created under this Act, an
independent, regulatory and oversight body exercising quasi-judicial functions or
administrative adjudication over matters related to fisheries, as defined under this Act;


(j) Fisheries Attaché refers to a diplomat who collects, analyzes, and acts on information
on fisheries and other related spheres in a foreign country or countries;

(k) Fishery Management Areas refers to delineated bodies of water in the Philippines
based on an approximation of fish stocks and their boundaries, range and distribution
and other considerations for the purpose of fisheries management or governance that is
science-based, participatory, and transparent, and applying the ecosystem approach to
fisheries management;

() Food Security refers to a situation that exists when all people, at all times, have
physical, social, and economic access to sufficient, safe, and nutritious food that meets
their food preferences and dietary needs for an active and healthy life.

CHAPTER IL
THE DEPARTMENT

SEC. 5. Powers and Functions. To accomplish its mandate, the Department shall have
the following powers and functioi

(a) Formulate and implement short-term, medium-term and long-term Comprehensive
National Fisheries Industry Development Plans (CNFIDP) pursuant to Republic Act
No. 8550, as amended, for the efficient and economic operations of the fishing
industries, in accordance with the objectives of food security and rational and
sustainable development, consistent with the development framework of the National
Economic and Development Authority (NEDA);

(b) Formulate and implement a Comprehensive Fisheries Research and Development
Program such as sea farming, sea ranching, and tropical or omamental fish and seaweed
culture, aimed at increasing resource productivity, improving resource use efficiency,
and ensuring the long-term sustainability of the country's fisheries and aquatic
resources;

(©) Establish and implement a National Marketing Assistance Program aimed at
ensuring the generation of the highest possible income for fisherfolk and fisheries-
related enterprises, and matching supply and demand in both domestic and foreign
markets;

(d) Establish and maintain a Philippine Fisheries and Aquatic Resources Information
System (PFARIS) that will function as the principal repository and information server
of all aquaculture, fisheries, and marine resources and their habitats, all matters
pertaining to aquaculture and fisheries production, processing, distribution, marketing,
policies, and research results and technological advancements;

(e) Create a Fisheries National Administrative Register under the PFARIS which shall
be accessible online. All decisions, resolutions, or orders involving violations of the
Code, particularly serious violations committed by Philippine flagged vessels or by
Philippine nationals and cases on poaching or involving foreigners, including the
penalties imposed, shall be uploaded;


(f) Conduct complete resource inventory and monitoring for strategic planning and
programming as well as evaluation and assessment of key initiatives to ensure increased
productivity of the fisheries sector, promote sustainability, conservation, and protection
efforts;

(g) Develop value-added fisheries products for export and domestic consumption;

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

(i) Appoint Fisheries Attachés in strategic countries to promote and engage in economic
and trade cooperation including negotiating bilateral and multilateral trade agreements,
promoting the exports of fish and fisheries products, and facilitating professional
contacts, exchanges, and technology transfer;

(j) Enter into contracts, joint venture agreements, public-private partnerships and such
other memoranda of agreements or understanding, either domestic or foreign, under
such terms and conditions as the Department may deem proper and reasonable and
subject to existing laws;

(k) Receive, take and hold by bequest, device, gift, purchase or lease, either absolutely
or in trust for any of its purposes from foreign and domestic sources, any asset, grant
or property, real or personal, subject to such limitations as are provided under existing
laws and regulations;

() Monitor the implementation of joint fishing agreements between Filipino citizens
and foreigners who conduct fishing activities in international waters, and ensure that
such agreements are not contrary to Philippine commitments under treaties or
international agreements to which the Philippines is a party thereto;

(m) Formulate planning and investment policy for blue economy initiatives or
activities, including identification of development, production, and protected areas, and
marine spatial plans;

(n) Develop other blue economy initiatives to conserve, protect, or hamess marine and
coastal resources and ecosystems;

(0) Prescribe rules, regulations, procedures, and guidelines concerning the
classification, establishment, construction, maintenance and operation of blue economy
initiatives or activities;

(p) Provide development support services to fishermen and organizations of fishermen
as well as those involved in all aspects of fisheries production, including processing
and marketing, in collaboration with LGUs and related agencies;

(q) Provide advisory services and technical assistance to the LGUs in developing their
technical capability in the development, management, regulation, conservation, and
protection of the fisheries resources and in the improvement of quality of fish from the
time they are caught on-board fishing vessels, at landing areas, in fish markets, to the
processing plants, and to the distribution and marketing chain;


(®) Advise and coordinate with LGUs on the maintenance of proper sanitation and
hygienic practices in fish markets and fish landing areas;

(s) Coordinate with LGUs and other concemed agencies for the establishment of
inclusive productivity-enhancing and market development programs in fishing
communities to enable women and youth to engage in fisheries or other economic
activities and contribute significantly to development efforts;

(b) Establish and administer a fisheries modernization credit program to fisheries
projects of fisherfolk, fish farmers, fish processors, commercial fishers, and other
qualified borrowers;

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

(v) Fix, assess and collect reasonable fees, tolls, charges, and rentals, through the
PEDA, for the use or sale of properties, equipment, facilities and services to support the
Department's projects and to adjust the same as warranted;

(w) 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;

(x) Conserve, protect, and rehabilitate rare, threatened and endangered aquatic species
as it may determine, including their habitats, and designate marine and other aquatic
areas as protected areas for the special purposes stated in the notice of declaration, in
compliance with the relevant provisions of international treaties and agreements such
as the Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES), United Nations Convention on the Law of the Sea (UNCLOS), and
Convention on Biological Diversity (CBD);

(y) Adopt and implement a national plan of action to manage fishing capacity,
implement the Code of Practice for Aquaculture and the Code of Conduct for
Responsible Fisheries, and determine and declare fishery management areas as over-
exploited in coordination with the LGUs and Fisheries and Aquatic Resources
Management Councils (FARMCs);

(2) Formulate policies for the conservation and management of straddling fish stocks,
highly migratory fish stocks and threatened living marine resources such as sharks, rays
and ludong, inter alia, in the Philippine Exclusive Economic Zone, territorial sea,
archipelagic and intemal waters, in coordination with LGUs and integrated/municipal
or city FARMCs;

(aa) Enforce all fisheries laws, rules and regulations through its fishery officers and
guardians, deputized government officials and employees, punong barangays and
officers, and members of fisherfolk associations who have undergone training on law


enforcement; and seek the assistance of other law enforcement agencies for the efficient
and effective implementation of this Act;

(bb) 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 sustainably
utilized and managed;

(cc) Establish a corps of technical specialists in collaboration with the Department of
National Defense, Department of the Interior and Local Government, and the
Department of Foreign Affairs for the efficient monitoring, control and surveillance of
fishing activities within Philippine territorial waters and provide the necessary
facilities, equipment and training therefor;

(dd) Issue identification cards free of charge to fish workers engaged in commercial
fishing;

(ce) Issue licenses for the operation of commercial fishing vessels;

(9 Exercise jurisdiction over all Philippine-flagged fishing vessels operating in areas
governed by a Regional Fisheries Management Organization (RFMO) in the high seas,
or in waters of other coastal states;

(gg) Train, designate and deploy fisheries observers in Philippine-flagged fishing
vessels engaged in commercial fishing in Philippine waters or distant water fishing to
ensure compliance with conservation and management measures adopted by RFMOs
and by the Department;

(bh) Implement boarding and inspection protocols upon Philippine-flagged fishing
vessels in order to promote observance of international treaty obligations on food
safety, to curb illegal, unreported and unregulated fishing (IUUF), and to comply with
conservation and management measures;

(i) Determine the appropriate levels of administrative and other sanctions concerning
violations of fisheries laws, rules and regulations, particularly for serious violations that
deprive offenders of economic benefits;

(jj) Perform quasi-judicial function or administrative adjudication under Chapter III of
this Act, and settle conflicts of resource use and allocation in consultation with the
NFARMC, LGUs and local FARMCs;

(kk) Oversee the country’s Fisheries Management Areas which shall be managed by
FMA Boards. The FMA Boards shall have rule-making, enforcement and quasi-judicial
powers in their respective jurisdiction. Decisions of FMA Boards shall be appealed to
the Fisheries Commission;

(ll) Issue rules, regulations and guidelines for the protection and promotion of
aquaculture, fisheries, marine and aquatic resources of the country, including the
habitats of fish and all other marine life and other activities which impact on these
habitats; and


(mm) Perform such other powers and functions which are necessary and relevant in
order to achieve its mandate.

SEC. 6, Structural Organization. The Department shall consist of the Office of the
Secretary and two (2) Undersecretaries supported by five (5) Assistant Secretaries.

The Department shall be supported by bureaus, divisions, services, and institutes.

SEC. 7. Secretary of the Department. The Secretary of Fisheries and Aquatic
Resources, hereinafter referred to as the Secretary, shall be appointed by the President of the
Philippines subject to confirmation by the Commission on Appointments.

SEC. 8. Powers and Functions of the Secretary. The Secretary shall:

(a) Ensure that the mandate of the Department is achieved;

(b) Exercise supervision and control over the Department, its Bureaus, Offices,

Services, and Institutes to ensure the effective performance of the powers and functions

of the office;

(c) Advise the President on the policies, rules and regulations, and other issuance

relative to the sustainable development and management of fisheries and aquatic

resources;

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

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

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

SEC. 9. Undersecretaries. The Secretary shall be assisted by two (2) Undersecretaries,
specifically:

(a) The Undersecretary for Development, responsible for policy and planning,
operations and technical services, fisheries protection, conservation and sustainable
development; and

(b) The Undersecretary for Regulations and Enforcement.

They shall be appointed by the President upon the recommendation of the Secretary.

‘The Undersecretaries shall assist the Secretary in the exercise of the Department's
mandate and in the discharge of its powers and functions such as:


(1) Provide periodic reports and advice to the Secretary on the plans and programs of
their offices and the respective functions under their defined areas of responsibility, and
recommend measures towards greater effectiveness and efficiency;

(2) Exercise delegated authority, to the extent granted by the Secretary, on matters
related to the functions and activities of the units under their defined areas of
responsibility; and

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

SEC. 10. Undersecretary for Development. The Undersecretary for Development shall
provide policy advice to the Secretary and shall be responsible for the development of national
aquaculture and fisheries policies and their integration and translation into the Comprehensive
National Fisheries Industry Development Plan (CNFIDP), promotion of aquaculture and
fisheries production, development and implementation of conservation, protection and
sustainability efforts of the Department, and provide periodic public reports of the
achievements in aquaculture and fisheries.

The Undersecretary shall:

(a) Evaluate international developments and assess their potential impact on Philippine
fisheries;

(b) Be responsible for developing and managing bilateral and multilateral affairs of the
Department, including trade, investment, and cooperation agreement negotiations and
the coordination of their implementation;

(c) Advocate for the Philippine fisheries and aquatic resources agenda in international
organizations and bodies;

(d) Lead in the development of national aquaculture and fisheries plans and budgets
consistent with national policies; develop institutional mechanisms for periodic
program assessment, and identify, develop and package development projects for
implementation;

(e) Develop and implement reliable and cost-effective information and communication
technology systems;

(f) Establish and maintain the Philippine fisheries and aquatic resources information
system which shall be the principal depository and information server of all aquaculture
and fisheries-related information in the country;

(g) Assist the fisheries industries in the translation and implementation of the CNFIDP
into operational plans and programs as well as appropriate technologies;

(h) Develop a framework of cooperation and linkages with regional development
councils, LGUs and national agencies in the management of the aquaculture, fisheries,
and marine sectors;

(i) Assist, primarily, the Secretary in supervising the operations of the regional offices;


(j) Lead in the conduct of scientific research on the proper strategies for the
conservation and protection of marine wildlife and their habitat including breeding and
propagation; and

(k) Have the authority to issue CITES permits and shall both be the CITES management
and scientific authorities of the Philippines.

SEC. 11. Undersecretary for Regulations and Enforcement. The Undersecretary for
Regulations and Enforcement shall assist the Secretary in performing the regulatory functions
of the Department.

‘The Undersecretary shall:

(a) Exercise supervision and control of fisheries 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;

(b) Exercise quasi-judicial functions to resolve and settle conflicts on the allocation and
use of resources in consultation with the Fisheries Commission and LGUs; and
institutionalize a monitoring control and surveillance system to ensure that fisheries,
aquatic, and marine resources are utilized and managed on a sustainable basis.

SEC. 12. Assistant Secretaries. The Secretary shall be assisted by five (5) Assistant
Secretaries who shall be appointed by the President upon the recommendation of the Secretary.

SEC. 13. Functions of the Assistant Secretaries. Each of the two (2) Undersecretaries
shall be assisted by two (2) Assistant Secretaries who shall have the following functions:

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

(b) Exercise supervision and control over the programs, budget, officers and personnel
of the offices, services, operating units under their defined and designated areas of
responsibility;

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

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

The fifth Assistant Secretary shall be in charge of the Finance and Administrative
‘Support Services of the Department.

SEC. 14. Qualifications and Appointment. No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless he or she is:


(a) A Filipino citizen and a resident of the Philippines;

(b) Of good moral character;

(c) Of proven integrity; and

(a) With at least five (5) years significant experience in the fishing sector.

The Secretary, Undersecretary, and Assistant Secretary shall be appointed by the
President of the Philippines in the manner prescribed by law. The Bureau Director, Assistant
Bureau Director, Regional Executive Director, or Assistant Regional Executive Director shall
be appointed by the President upon the recommendation of the Secretary.

All other officials and employees of the Department shall be appointed in accordance
with the Civil Service law, rules, and regulations.

SEC. 15. Regional, Provincial, and Municipal Offices and Functions. In the same
manner as mandated in Section 66 of Republic Act No. 8550, as amended, otherwise known
as “The Philippine Fisheries Code of 1998,” by Republic Act No. 10654, the Department shall
establish regional, provincial and municipal offices as may be appropriate and necessary to
carry out effectively and efficiently the provisions of this Code.

Each regional office shall be headed by a Regional Executive Director, who shall be
assisted by an Assistant Regional Executive Director. Each regional office shall have support
staff and line divisions as may be necessary which shall have the following duties and
responsibilities:

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

(b) Implement 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.

CHAPTER It
FISHERIES COMMISSION

SEC. 16. Fisheries Commission. The Department is hereby empowered to hear and
decide cases and impose administrative fines and penalties provided in the Fisheries Code, as
amended, and other fisheries laws, rules, and regulations.

For this purpose, the Department shall organize a Fisheries Commission, hereinafter
referred to as the Commission, an independent, regulatory and oversight body exercising quasi-
judicial functions or administrative adjudication. The Commission shall be fiscally attached to
the Department for policy and program coordination.


Parties to commercial fisheries-related disputes may also mutually and voluntarily seek
arbitration from the Fisheries Commission for other fisheries-related disputes where the
Fisheries Commission does not have automatic jurisdiction: Provided, That the arbitration of
the Fisheries Commission on such disputes shall be binding on the parties that sought its
arbitration.

SEC. 17. Organizational Structure.

(a) Composition, Qualification, and Tenure. — The Commission shall be composed of
a Chairperson and four (4) members to be appointed by the President of the Philippines
who shall be natural-born citizens and residents of the Philippines, persons of good
moral character, and of recognized competence. Except for the Chairperson, the four
(4) members of the Commission shall serve for a non-renewable term of six (6) years:
Provided, That any member whose term has expired as specified herein shall serve as
such until a successor shall have been appointed and qualified: Provided, further, That
any appointment to fill a vacancy in the Commission arising from death, removal,
retirement or resignation shall be made only for the unexpired term: Provided, finally,
That in no case shall any member serve for more than six (6) years in the Commission.

(b) Meetings, Quorum, and Voting Requirements. — The Commission shall meet as
often as may be necessary on such day or days as the Chairperson may fix. The presence
of at least four (4) members of the Commission shall constitute a quorum, which shall
be necessary for the transaction of any business. The affirmative vote of the majority
of the members of the Commission where a quorum is present shall be necessary for
the adoption of any order, resolution, decision, or other act of the Commission in the
exercise of its quasi-judicial functions: Provided, That in promulgating rules,
regulations, guidelines and in exercising its quasi-legislative functions, an affirmative
vote of four (4) members shall be required.

(c) Organization of the Commission. — The Chairperson of the Commission shall
exercise general executive control and supervision over the Commission and its
members, staff and personnel, agents and representatives. Within three (3) months ftom
the creation of the Commission and the appointment of all Members of the
Commission, the Chairperson shall determine and establish the organizational structure
and plantilla positions necessary to carry out the powers and functions of the
Commission subject to the review and approval of the Department of Budget and
Management (DBM). The plantilla positions of the Commission shall be filled by
regular appointments in accordance with Civil Service laws, rules, and regulations.
Members of the Commission shall enjoy security of tenure and shall not be suspended
or removed from office except for just cause as specified by law.

SEC. 18. Secretariat. The Commission shall be provided with a Secretariat to render
technical and support services and shall be headed by an Executive Director who shail:

(a) Implement effectively the policies, plans, programs, rules, regulations and directives
of the Commission;

(b) Coordinate and supervise the activities of the different operating units under the
Commission;


(c) Keep and maintain the official records of the Commission, and render a report on
the proceedings of the Commission;

(d) Administer oaths in all matters falling within the jurisdiction of the Commission;
and

(c) Perform such functions as may be assigned by the Chairperson or other members of
the Commission.

SEC. 19. Compensation and Other Emoluments. The compensation of the members of
the Commission and its staff shall conform to the provisions of Republic Act No. 6758, as
amended, otherwise known as the “Compensation and Position Classification Act of 1989,”
and other relevant laws.

SEC. 20. Powers and Functions. The Commission shall exercise the following powers
and functions:

(a) Exercise exclusive authority and original jurisdiction to hear and decide cases
involving violations of the Code, and other fisheries laws, rules, and regulations;

(b) Issue and promulgate rules, regulations and guidelines as may be necessary to
implement and enforce the powers and functions of the Commission;

(©) Fix reasonable fees, and impose administrative fines and surcharges as may be
necessary for achieving the purposes, powers and functions of the Commission;

(d) Issue and review licenses authorizing the operation of commercial vessels;

(e) Impose penalties and fines against any licensee or against its owners, officers, agents
or representatives for any violation of this Act or of the license, order, rule, regulation
or requirement issued by the Commission;

(f) Promulgate rules and regulations for the conduct of administrative adjudication,
voluntary arbitration, and the disposition of confiscated catch, gears, equipment, and
other paraphernalia;

(g) Issue notice of violation and order the confiscation of any fish, fishery species or
aquatic resources illegally caught, taken, or gathered, and all equipment, paraphernalia,
and gears in favor of the Department, academic institutions or LGUs and to dispose of
the same in accordance with pertinent laws, rules, regulations, and policies on the
matter;

(h) Issue cease and desist orders upon violators and to summarily eject, without the
necessity of judicial order, the holder of a Fishpond Lease Agreement (FLA), other
tenurial instrument, permit or license from areas of the public domain covered by such
FLA, tenurial instrument, permit or license, subject to the requirements of
administrative due process;

(i) Issue subpoena duces tecum and subpoena ad testificandum in administrative cases
before it;


() Exercise power to cite any person in contempt for failure to comply with its lawful
orders, subpoenas, or other directives, or for any act obstructing the performance of its
functions;

(& Review contracts, joint venture agreements, public-private partnership, and other
memoranda of agreements or understanding, cither domestic or foreign, entered into by
the Department upon petition or motu propio when public interest so dictates; and

(D) Perform such other incidental powers and functions as may be necessary to attain
the objectives of this Act.

SEC. 21. Appeal of the Decision of the Commission, Except for cases initiated by the
Secretary, the decision of the Commission may be appealed to the Secretary of the Department
within thirty (30) days from receipt by the parties of the decision. The cases initiated by the
Secretary shall be directly appealed to the Office of the President.

SEC. 22. Commencement of Summary Administrative Action. The Secretary, on his or
her own instance, or upon the filing of a verified complaint by any person, shall institute
administrative proceedings with the Commission against any person who violates the
Philippine Fisheries Code of 1998, as amended, and other fisheries laws, rules, and regulations.

SEC. 23. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary
Injunctions, and Preliminary Mandatory Injunctions. No injunction or restraining order from
the Municipal Trial Courts and Regional Trial Courts shall lie against the decision of the
Commission.

SEC. 24. Accompanying Administrative Sanctions for Serious Violations. The
Commission may impose the following additional sanctions to the administrative penalties
imposed for serious violations:

(a) Confiscation of fishing gear;

(b) Impoundment of fishing vessel;

(c) Temporary suspension or permanent revocation of license or permit;

(@) Temporary or permanent ban from the availment of applicable duty and tax rebates;

(e) Inclusion in the illegal, unreported, and unregulated (IUU) fishing vessel list;

(f) Denial of entry and other port services;

(g) Blacklisting; and

(h) Increase in the amount of fines but not to exceed five (5) times the value of the
catch.

In case of repeated violations within a five-year period, the amount of fine may be
increased up to eight (8) times the value of the catch.


During the pendency of the administrative case, the Commission may order to impound
the vessel or conveyance, gear, and other paraphernalia used in the commission of the offense.
In applying these accompanying sanctions, the Commission shall take into account the
seriousness of the violation as defined in Paragraph 82 of Section 4 of the Code, the habituality
or repetition of violation, manner of commission of the offense, severity of the impact on the
fishery resources and habitat, socioeconomic impact, cases of concealment or destruction of
evidence, cluding arrest, resisting lawful orders, and other analogous circumstances. The
overall level of sanctions and accompanying sanctions shall be calculated in a manner that is
proportionate, effective, and dissuasive to deprive the offender of the economic benefits
derived from the serious violation.

Fines and penalties imposed pursuant to the Code shall constitute a lien upon the
personal and immovable properties of the violator.

In case the offender is a municipal fisher or lacks property for the imposed fines,
community service may be rendered in lieu of the fine. The Commission shall issue rules and
regulations ensuring the service aligns with the community's needs, where the offense
occurred, and is calculated based on the fine and prevailing minimum wage.

SEC. 25. Fisheries National Administrative Register. The Commission shall regularly
update the Fisheries National Administrative Register. All information on decisions,
resolutions, or orders involving violations of the Code, particularly serious violations
committed by Philippine flagged vessels or by Philippine nationals and cases on poaching or
involving foreigners, including the penalties imposed, shall be uploaded and kept current.

CHAPTER IV
ABOLITION, TRANSFER, AND ATTACHMENT

SEC. 26. Abolition and Transfer.
(a) Abolition. The following offices shall be abolished:

(1) The Bureau of Fisheries and Aquatic Resources (BFAR) that was
reconstituted under Republic Act No. 8550, as amended by Republic Act No.
10654, is hereby abolished and its relevant functions, appropriations, records,
properties, equipment and personnel are hereby transferred to the Department:
Provided, however, That no official or employee of the BFAR shall be demoted
or laid off in the implementation of this Section;

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

(3) 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, and all its personnel, records, appropriations,
property, and equipment are hereby subsumed and transferred to the
Department.

(b) Transfer. The following offices shall be transferred to the Department:


(1) The advisory functions of the National Fisheries and Aquatic Resources
Management Council created by Republic Act No. 8550, as amended by
Republic Act No. 10654, shall be transferred to the Office of the Secretary of
the Department;

(2) The fisheries-related functions of the Laguna Lake Development Authority,
including its relevant appropriations, records, and personnel, are hereby
transferred to the Department: Provided, however, That no official or employee
of the LLDA shall be laid off in the implementation of this Section;

(3) The Marine Research and Conservation Division and the different sections
and the Coastal Environment Program of the Department of Agriculture,
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 (DENR), and all fisheries-
related functions under Executive Order No, 192, series of 1987, and Executive
Order No. 292, series of 1987, except the functions of the enforcement of water
pollution laws, rules, and regulations, are hereby transferred to the Department;
and

(4) The Fisheries Technology Centers and Outreach Stations of the Department
of Agriculture shall be transferred to the Department which shall function as the
research and testing centers for new technologies and shall provide extension
services and technology transfer at the field levels.

(©) Attachment. The following offices shall be attached to the Department:

(1) The National Fisheries Research and Development Institute (NFRDI)
created under Republic Act No. 8550, as amended, shall be attached to the
Department of Fisheries and Aquatic Resources, to serve as its primary research
arm: Provided, That to ensure the independent and objective implementation of
its research activities, the NFRDI shall have a separate budget specific to its
manpower requirements and operations;

(2) The Philippine Fisheries Development Authority created under Presidential
Decree No. 977, series of 1976, including its relevant functions, appropriations,
records, properties, equipment and personnel, is hereby attached to the
Department: Provided, however, That the Secretary of the Department shall be
the new Chairperson of the PFDA Board: Provided, further, That no official or
employee of the PFDA shall be demoted or laid off in the implementation of
this Section; and

(3) The Philippine Technical and Advisory Committee of the Southeast Asian
Fisheries Development Center, Aquaculture Department (SEAFDEC/AQD)
created under Executive Order No. 834, series of 1982, including its relevant
functions, appropriations, records, properties, equipment, and personnel, is
hereby attached to the Department: Provided, That no official or employee of
the Board shall be removed in the implementation of this Section.


SEC. 27. Transitory Provisions. In accomplishing the acts of organizing the
Department as herein prescribed, the provisions of Republic Act No. 6656, otherwise known
as the “Government Reorganization Law,” shall be complied with, particularly:

(a) The transfer of a government unit or agency shall include the function,
appropriations, funds, records, equipment, 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 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 change of agency management, choses
in action, rights, and other assets as may be necessary to the proper discharge of the
transferred functions. Its personnel shall, pending complete transfer, continue to
perform their duties and responsibilities; and

(©) The transfer of functions which results in the change of agency management, choses
in action, rights, and other assets as may be necessary to the proper discharge of the
transferred functions. Its personnel shall, pending complete transfer, continue to
perform their duties and responsibilities.

SEC. 28. Absorption, Separation and Retirement from Service. The existing employees
of the transferred, consolidated, and merged agencies under this Act shall enjoy security of
tenure and shall be absorbed by the Department, in accordance with their staffing patterns and
the selection process as prescribed under Republic Act No. 6656.

Employees who are affected by the creation of the Department and are separated from
service within six (6) months from the effectivity of this Act as a result of the organization and
reorganization under this Act, shall receive separation benefits under Republic Act No. 6656,
and other applicable Civil Service Law, rules and regulations: Provided, That those who are
qualified to retire and receive retirement benefits under existing retirement laws shall be
allowed to retire.

SEC. 29. Structure and Staffing Pattern, Subject to the approval of the Department of
Budget and Management (DBM), the Department shall determine its organizational structure
and create new divisions or units as it may deem necessary, and shall appoint officers and
employees of the Department in accordance with Civil Service laws, rules, and regulations.
Republic Act No. 6656 shall govern the reorganization of the Department, and the
reorganization of affected agencies.

SEC. 30. Appropriations. The amount needed for the initial implementation of this Act
shall be taken from the current year's appropriations of the agencies, entities, divisions, sections
or bodies abolished or transferred to the Department by virtue of this Act. Thereafter, such
sums as may be necessary for its continued implementation shall be included in the annual
General Appropriations Act.

SEC. 31. Implementing Rules and Regulations. The Secretary of the Department of
Fisheries and Aquatic Resources, in consultation with concerned government agencies and
stakeholders including the Presidential Legislative Liaison Office and the members of the
academe and the fishing industry, shall formulate rules and regulations for the full

17


implementation of this Act within one hundred twenty (120) days from the effectivity of this
Act. Such rules and regulations shall take effect upon publication in a newspaper of general
circulation.

SEC. 32. Separability Clause. If any portion or provision of this Act is declared
‘unconstitutional or invalid, the other portions or provisions hereof, which are not affected
thereby, shall continue in full force and effect.

SEC. 33. Repealing Clause. Sections 130 to 140 of Republic Act No. 8550, as amended
by Republic Act No. 10654, are hereby repealed. All other laws, decrees, orders, rules and
regulations or parts thereof inconsistent with this Act or the rules and regulations promulgated
pursuant thereto are hereby repealed or amended accordingly.

SEC. 34. Effectivity. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of national circulation.

Approved,