HOLST OF REPRESI TATIVES
S RECEIVED
se, 03 AUG 2016
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Republic of the Philippin
HOUSE OF REPRESENTAT!
Quezon City

SEVENTEENTH CONGRE
First Regular Session

|

2405 -

House Bill No.

Introduced by REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

The Philippines, with an island-dwelling population of more than 93
million and more than 7,100 islands, is a major fishing nation and the world’s
second largest archipelagic State. In 2012, the Philippines ranked among the
major fish producing countries in the world with a total production of 3.1
million tons of fish, crustaceans, mollusks and other aquatic animals. The
fisheries and aquaculture industry employed an estimated 1.5 million people
in 2010 nationwide; with fisheries accounting for more than 1 million. It
contributes an estimated 1.8 percent (valued at 196 billion pesos) to the
country’s Gross Domestic Product (GDP) at current prices in 2012. In 2013,
exports of fish and fishery products were valued at USD 1.2 billion. (Food
and Agriculture Organization of the United Nations)

The Philippine fishing industry comprises marine capture fisheries,
inland capture fisheries, and aquaculture. Marine capture fisheries can be
further divided into municipal fisheries and commercial fisheries. While, the
Philippines has vast fishery resources at its disposal, most of the country’s
main fish species and marine organisms are showing signs of overfishing and
coastal habitats are showing signs of degradation because of multiple human
activities taking place in coastal areas.

The Comprehensive National Fisheries Industry Development Plan
(2006-2025) recognizes that, despite a long history of attempts, Philippine
fisheries have yet to be sustainably managed. Unsustainable management
results in greater poverty, more resource use conflicts, and reduced
contributions of the fisheries sector to the economy. The main cause of the
above problems is the inadequate management systems and structures. Hence,


all these problems can be traced to an institutional system that is not yet fully
effective.

Fisheries management in the Philippines rests jointly on two
authorities: the Bureau of Fisheries and Aquatic Resources (BFAR) under the
Department of Agriculture that has regional offices nation-wide, and the local
government units (LGUs) that operate under the Local Government Code of
1991. Under the Fisheries Code, BFAR formulates and enforces rules and
regulations governing the conservation and management of fishery resources,
except in municipal waters. On the other hand, the Local Government Code
(LGC) devolved authority over the management of municipal waters to LGUs
within the parameters set by national fisheries legislation and policies.

To ensure the preservation and development of the country’s waters and
marine resources, this bill proposes the creation of the Department of
Fisheries and Aquatic Resources (DFAR), which will be separate from the
Department of Agriculture.

For a country surrounded by water, proper management of aquatic
resources should be a priority, both for food security and livelihood
improvement. The creation of a department of fisheries is an acknowledgment
that the fishery sector has distinct problems and issues apart from land-based
farming that need more focused attention. It is also consistent with the national
policy and effort to curb corruption sourced from unnecessary bureaucracy.

For the foregoing reasons, the immediate consideration and passage of
this bill is earnestly urged.

ARTHUR C, YAP
Representative


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

2460

House Bill No.

Introduced by REPRESENTATIVE ARTHUR C. YAP

AN ACT
CREATING A DEPARTMENT OF FISHERIES AND
AQUATIC RESOURCES, PROVIDING FOR ITS
POWERS AND FUNCTIONS, AND FOR OTHER
PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

1 SECTION 1. Title. - This Act shall be known as the "Department of

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Fisheries and Aquatic Resources Act of 2016".

3 SECTION 2. Creation. - The Department of Fisheries and Aquatic
4 Resources, hereinafter referred to as the Department, is hereby created
5 __ structurally and functionally in accordance with the provisions of this Act.

6 SECTION 3. Declaration of Policies. - It is hereby declared the policy
7 of the State to promote the sustainable development and management of all
8 fisheries and marine resources in Philippine waters including the exclusive
9 economic zone (EEZ) and in the adjacent high seas, consist with the
10 primordial objective of maintaining a sound ecological balance, protecting

11 and enhancing the quality of the environment. It is the policy of the State to


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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.

SECTION 4. Jurisdiction of the Department. - The Department shall
have primary jurisdiction over the management, conservation, development,
protection, utilization and disposition of all fishery and aquatic resources of
the country, including the habitats of fish and all other marine life and over
activities which impact on these habitats, except for municipal waters, which
shall remain under the jurisdiction of local government units. The latter shall
manage their municipal waters in accordance with national fishery policies,
laws, rules and regulations. The Department shall have the authority to
supervise and regulate the production and capture of fish and fishery products
within its jurisdiction, as well as the processing and marketing of all fisheries
and aquatic products in the country. The Department shall have the
responsibility of rationalizing all ocean sector initiatives which impact on fish
and marine resources or their habitat including, but not limited to: marine:
energy exploration and development; coastal and marine tourism; designation
of shipping lanes; protected areas; and, marine industry development areas.
The regulation of these marine activities, once rationalized by the Department,

shall reside with the parent agency for the appropriate sector involved.


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SECTION 5. Powers and Functions. - To accomplish its mandate, the
Department shall have the following powers, functions and responsibilities:
(a) 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 the fisheries and marine resources;

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

(£) 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 resource as determined by scientific studies or best


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available evidence with preference given to resource users in the local

communities living adjacent or nearest to the municipal 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 government officials and employees, punong barangays
and officers and members of fisher folk 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 NFARMC and LGUs;

(k)It shall prescribe rules and regulations including visitorial powers,

procedures and guidelines concerning the classification, establishment,
construction, maintenance and operation of all fishing ports, landing sites
and fish markets and the operation of business therein except those that are

owned and operated by local government units;

(1 Establish and maintain a Philippine Fisheries and Aquatic Resources

Information System (PF ARIS) 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;


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(m)Develop and implement a Monitoring Control and Surveillance System

(MCSS) for Philippine fisheries and oceans at the national and regional
levels to ensure that the fisheries and marine resources in Philippine waters
are judiciously and wisely utilized and managed on a sustainable basis;

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

(0)Implement relevant provisions of international treaties and agreements
such as, but not limited to, the Convention on the International Trade in
Endangered Species of Wild Flora and Fauna, United Nations Convention
on the Law of the Sea, Convention on Biological Diversity, and formulate
rules and regulations for the conservation and management of straddling
fish stocks and highly migratory species;

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

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

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

(s) Determine oceanic fractions, in accordance with the schedules and limits
as agreed upon by the Department of Justice and embodied in fisheries
regulations;

(t) Acquire, maintain, operate, purchase, lease or dispose, through the

Philippine Fisheries Development Authority, equipment and facilities such


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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 shipbuilding and repair
facilities, and post-harvest facilities, in cooperation with concerned
agencies;

(w) Establish and implement, through the PFDA, a National Marketing
Assistance Program, aimed at ensuring the generation of the highest!
possible income for fisher folk and fishery-related enterprises, matching
supply and demand in both domestic and foreign markets;

(x) Administer a fisheries modernization credit program to finance fishery
projects of fisher folk, 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.

SECTION 6. Structural Organization. - The Department shall consist
of the Office of the Secretary and three Undersecretaries for Fisheries
Production and Utilization, Fisheries Conservation and Management, and for
Operations; one council, the National Fisheries and Aquatic Resources

Management Council, one institute, the National Fisheries Research and


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Development Institute, one office, the Office of Ocean and Marine Affairs
and the following services: the Philippine Fisheries and Aquatic Resources
Information Service, Policy Analysis and Planning Service, as well as
Personnel, Finance, Legal and Property and General Services. The Office of
Ocean and Marine Affairs shall have authority and responsibility over ocean
use. It shall be the Department's primary agency tasked with the
implementation of the National Marine Policy and the relevant provisions of
the United Nations Convention on the Law of the Sea. Any and all use of the
ocean shall require the assessment and clearance by this Office, which shall
rationalize initiatives that will negatively impact on fisheries or their habitat.
It shall coordinate the implementation of fisheries and ocean sector policies,
plans and laws for all maritime components. It shall be headed by a Director
and shall have the following divisions:

(a) Oceans Use Assessment and Clearance Division;

(b) 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 amended, shall be an attached agency of the
Department of Fisheries and Aquatic Resources under the Office of the
Secretary.

SECTION 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


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consent of the Commission on Appointments, and shall have the following

functions:

(a) Supervision and control of the Department and the Bureaus, Offices and
Institutes under it;

(b) Authority and responsibility for the performance of the powers and
functions of the Department;

(c) Advise the president on the promulgation of policies, rules and regulations,
and other issuance relative to the sustainable development and
management of fisheries and oceans resources:

(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

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

SECTION 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:


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1 (a) Advise the Secretary on the formulation of policies, programs, plans, rules

2 and regulations, as well as on the promulgation of Department Order,
3. Administrative Orders, and other issuance with respect to his/her area of
4 responsibility;

5 (b) Exercise supervision and control over the bureaus, offices, services and
6 operating units under his/her responsibility;
7  (c) Coordinate the functions and activities of the units under his/her
8 responsibility with those of the other units in the Department;
9 (d) Liaise with concerned government departments, agencies, and offices to
10 ensure effective coordination in the management of the fisheries and
1 oceans sector; and
12 (e) Perform such other functions as may be provided by law or assigned by
13 the Secretary.
4 The Undersecretary for Operations shall have the following functions:
15 (a) Exercise supervision and control over the regional offices;
16 (b) Coordinate, harmonize and package the policies, plans, programs and
17 projects of all the Bureaus, Services, Offices and Units of the Department,
18 for the proper implementation by the regional offices;
19 (c) Advise the Secretary in the formulation of policies, plans and programs as
20 well as on the promulgation of rules, regulations and orders with respect
21 to his/her area of responsibility;
22 (d) Exercise supervision and control over the Fisheries Inspection and
23 Quarantine Service and the Bureau of Fishery Economics and Statistics;
24 (e) Establish linkage with local government units, local fisher folk

25 associations and organizations, non-government organization and peoples!


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organization and supervise support and extension services at the regional,
provincial and municipal levels; and

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

SECTION 9. Qualifications of the Undersecretaries. - No person
shall be appointed Undersecretary of the Department unless he is a Filipino
citizen; at least a degree holder in fisheries, publication administration,
management, economics, law or other equivalent relevant disciplines; has
actual experience in administration and management for at least ten (10)
years; and has general practical knowledge of fisheries.

SECTION 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 und 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 fish feeds industry, undertaking inland fishery resources

evaluation; and recommending management and conservation measures.


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The Bureau shall be headed by a Director and shall he compose of
the following divisions:
+ Aquaculture Management and Development Division;
+ Inland Fisheries Resource Assessment and Conservation Division;
+ Inland Fishery Development and Extension Division; and the

+ Environmental Impact Assessment and Monitoring Division

(b) Bureau of Postharvest and Fisheries Product Standards (BPFPS) -

The fishery component of the Bureau of Agriculture and Product

Standards created under Section 61 of RA 8435 shall be transferred to the

BPFPS which shall formulate and enforce standards of quality in the

processing, preservation, packaging, labelling, 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 shall have a Director, two Assistant Directors, one for

Product Standards and Technical Services and the other for Industry

Compliance and Consumer Protection and the following divisions:
Under the Assistant Director for Product Standards and Technical

Services -

+ Technical Services Division

+ Fish Processing Technology Division.

+ Standards Development and Promotion Division;

+ Value-added Products Development and Promotion Division; and
Under the Assistant Director for Industry Compliance and

Consumer Protection —


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+ Industry Compliance Division;
* Consumer Affairs Division; and the

+ Arbitration and Dispute Resolution Division.

(c) Bureau of Fisheries Extension, Training, and Support Service

(BFETSS) - The BFETSS shall coordinate all development activities with
respect to fisheries and oceans technology, and shall have a development
section for all components including inland and oceans fishing, and
fishing fears and methods. It shall formulate a National Extension System
for Fisheries, which shall be composed of three (3) subsystems: the
national government: subsystem, the local 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:

+ Training and Skills Development Division;

+ Technology Transfer and Demonstration Division;

+ Business Advisory and Information Support Division;

+ Training Centers;

(d) The Bureau of Fishing Technology and Capture Fisheries (BFTCF)-

The BFTCF shall have direct supervision and control over the utilization
of marine resources including commercial, international and small-scale
fisheries, It shall formulate development programs for the expansion of
the marine fishery industry, explore new fishery resources and

development environment friendly but efficient fishing gears. It shall be


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headed by a Director and two Assistant Directors and shall have the

following divisions:
+ Municipal Fisheries Division;
+ Commercial Fisheries Division;
+ Fishing Technology Division

+ High Seas Fisheries Division; and the

(e) The Fisheries Modernization Credit and Financing Agency

(FMCFA) - The FMCFA shall administer the funds under Sections 108
to 113 of RA 8550 as well as the fisheries-related provisions of Sections
20 to 25 of RA 8435, harmonizing and integrating the two so as to package
and deliver various credit assistance programs for the following:

+ Fisheries production including processing of fisheries products and

inputs;

* Acquisition or construction of fishery equipment, machinery, fishing
vessels and fishing gears;

+ Acquisition of fry, fingerlings, fertilizers, feeds and similar items;

+ Procurement of fisheries products for storage, trading, processing and

distribution;

* Construction, acquisition and repair of facilities for production,
processing, storage, transportation, communication, marketing and
such other facilities in support of fisheries; economic activities;

+ Working capital for fisheries graduates to enable them to engage in
fisheries-related

* Activities which support marine and freshwater bodies conservation

and ecology-enhancing activities such as but not limited to mangrove


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reforestation, promotion of whale shark and manta ray and other
endangered marine species watching and ecotourism; and

+ Development of appropriate technology, both in fishery and ancillary
industries that are ecologically sound, locally source based and labor
intensive, based on the requirements of the Fisheries and Aquatic
Management Councils. Under the supervision and control of the
Undersecretary for Fisheries Conservation and Management, the
following bureaus, units, board and services are hereby created.

(f) Marine Resources Conservation and Management Bureau. - The
Marine Resources Conservation and Management Bureau is a line bureau
tusked with the formulation and implementation of a Comprehensive
Fisheries Management Plan. It shall undertake marine fishery resources
assessment and biological and environmental investigations and formulate
conservation measures. In coordination with the National Fisheries
Research and Development Institute, it shall determine and establish the
carrying capacity and total allowable catch (TAC) for a particular resource.
It shall set the allowable fishing effort based on the carrying capacity of
the resource and TAC and accordingly issue commercial fishing licenses
and permits. It shall be headed by a Director and two Assistant Directors
and shall have the following divisions:

+ Coastal Resources Management Division;

* Oceanography Division; * Fisheries Licensing Division;
+ Biotechnology, Biosafety and Bio-prospecting Division; and the

+ Fisheries Law Enforcement Division.


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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 fisher folk associations as
fishery guardians. It shall have the supervision and control of fishery
officers and guardians and the corps of specialists responsible for the
enforcement of fishery laws, rules and regulations and the efficient
monitoring and surveillance of fishing activities within Philippine
territorial waters. It shall have the following units:

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

(ii) The Fisheries Air Patrol and Oceans Patrol, and the Regulatory
Staff composed of Fishery Officers, Deputized Fisheries
Guardians and the corps of specialists' from the DND, PNP-
MARICOM, DILG, DFA and DOJ. The Fishery Officers shall
have full police powers relative to the enforcement of fishery laws,
rules and regulations including arrest, search andi 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


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marine protected areas and wildlife sanctuaries, It shall lead in the conduct
of scientific researches on the proper strategies for the conservation and
protection of marine wildlife and their habitat including breeding or
propagation. It shall also establish Marine Wildlife Rescue Centers to take
custody of all confiscated, stranded or abandoned marine wildlife. It shall
have the authority to issue Committee on International Trade on
Endangered Species (CITES) Permits and shall be both the CITES
Management and Scientific Authorities of the Philippines, It shall be the
lead agency in the fulfillment of the country's obligations under CITES,
the Convention on Biological Diversity and other treaties and
international agreements. It shall have the following divisions:

+ Marine Protected Areas Division;

+ Marine Wildlife Rescue Centers;

+ CITES Management Authority;

+ Endangered Marine Species Captive Breeding Centers; Endangered
Marine Wildlife Research Center shall be the Department's CITES
Scientific Authority which shall coordinate with academic institutions
designated as scientific authorities; and the

+ Biodiversity Division

The Undersecretary for Operations shall have direct control and

supervision over all regional offices and the following unit and bureau:

(h) The Fisheries Inspection and Quarantine Inspection Service (FIQIS)

- The FIQIS shall have the line functions and shall be responsible for the
inspection and quarantine of all fishery related activities including the

conduct of quarantine and quality inspection of all fish and fishery/aquatic


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products coming into and going out of the country by air or water transport
to detect the presence of fish pest and diseases, the regular inspection of
processing plants, storage facilities, abattoirs, as well as public and private
markets in order to ensure freshness, safety and quality of products and to
ensure that these products conform to the standards prescribed by the
Department; and the quarantine of aquatic animals and fishery products
determined or suspected to be with fishery pest and diseases and prevent
the movement or trade from and or into the country of these products so
prohibited or regulated under existing laws, rules or regulations and
international agreements of which the Philippine is a State Party. It shall
have the following units:

+ Regional fishery Inspection and Quarantine Offices;

+ Cyanide Detection Centers; + Product Standards Enforcement

Division.

+ Regional Fish Health Centers; and the
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:

+ Fishery Statistics Division;

* Socioeconomic Division; and the

+ Fishery Information Division


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SECTION 11. Regional Offices and Functions. - The Department
shall have such department-wide regional offices as may be necessary in the
administrative regions, each to be headed by a Regional Director, who shall
be assisted by an Assistant Regional Director, each regional office shall have
support staffs as may be necessary and four line divisions which shall have
the following duties and responsibilities:

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

(b) Implement in its area of jurisdiction, the laws, policies, plans, programs,
projects, 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.

SECTION 12. Appointment and Qualification of Directors. - The
Directors of the Bureau, Offices and Agencies and the Regional Directors
shall be appointed by the Secretary, upon recommendation of the
Undersecretaries concerned. The Directors must have a degree in law or
Master of Science degree in marine fisheries, oceanography, fisheries biology,
marine biology, fisheries technology, microbiology or related sciences, or
public administration and at least five years of experience either in the public
or private sector, in marine fisheries research and development, or in the
fisheries industry.

SECTION 13. Abolition, Transfer and Merger. - The Bureau of

Fisheries and Aquatic Resources reconstituted by Republic Act No 8550, is


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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 BF AR shall be laid off in the implementation of this section.

The National and Municipal Fisheries and Aquatic Resources
Management Councils created by Republic Act No. 8550 shall be transferred
to the Office of the Secretary of the Department of Fisheries and Aquatic
Resources.

The National Fisheries Research and Development Institute created by
Republic Act No.8550 is transferred to the department and shall serve as its
principal research arm.

The Philippine Fisheries Development Authority created by
Presidential Decree No. 977 including its relevant functions, appropriations,
records, properties, equipment and personnel, is hereby transferred to the
Department of Fisheries and Aquatic Resources as an attached agency under
the Office of the Secretary: Provided, however, That the Secretary of the
Department of Fisheries and Aquatic Resources shall be the new chairman of
the Board: Provided, further, That no official or employee of the PFDA shall
be laid off in the implementation of this Section.

The Philippine Technical Advisory Committee of the SEAFDEC
Aquaculture Department created under Executive Order No. 834 dated
October 4, 1982, including its relevant functions, appropriations; records,
properties, equipment and personnel, is hereby transferred and attached to the
Department of Fisheries and Aquatic Resources: Provided, That no official or

employee of the Board shall be laid off in the implementation of this section.


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The fisheries related functions of the Laguna Lake Development
Authority, including its relevant appropriations, records, and personnel, are
hereby transferred to the Department of Fisheries and Aquatic Resources:
Provided, however, that no official or employee of the LLDA shall be laid off
in the implementation of this Section.

The Philippine Council for Aquatic and Marine Research and
Development is abolished and all its personnel, records, appropriations,
property and equipment are transferred to the National Fisheries Research and
Development Institute of the Department of Fisheries and Marine Resources.

The Marine Research and Conservation Division and the different
Sections there under and the Coastal Environment Program including its
relevant appropriations, personnel, records, property and equipment, all
marine and coastal related projects and programs of the Department of
Environment and Natural Resources, and all fisheries related functions of the
DENR under Executive Orders No. 192 and 292, except the functions of the
enforcement of water pollution laws, rules and regulations, are hereby
transferred to the Department of Fisheries and Aquatic Resources.

The fisheries-related sections of the Bureau of Agricultural Research,
the Bureau of Agricultural Statistics and the Agricultural Training Institute of
the Department of Agriculture are hereby abolished and all its personnel,
records, appropriations, property and equipment are transferred to the
Department of Fisheries and Marine Resources.

SECTION 14. Transitory Provisions. - In accomplishing the acts of
organizing the department as herein prescribed, the following provisions shall

be complied with:


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(a) The transfer of a government unit or agency shall include the functions,

Appropriations, funds, records, equipment, facilities, chooses in action,
rights, other assets and liabilities, if any, of the. Transferred unit or agency
as well as the personnel thereof, as may be necessary, who shall, pending
reappointment, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits in a
hold-over capacity.

(b) The transfer of functions which results in the abolition of the government
unit or agency that has exercised them, shall include the appropriations,
funds, records, equipment, facilities, chooses in action, rights, other assets
and personnel as may be necessary to the proper discharge of the
transferred functions. Its liabilities, if any, shall likewise be treated in
accordance with the Government Auditing Code and other pertinent laws,
rules and regulations. Its personnel shall, pending reappointment, continue
to perform their duties and responsibilities and receive the corresponding
salaries and benefits in a holdover capacity.

SECTION 15. Organization Committee. - The duly appointed
Secretary of Fisheries and Aquatic Resources shall immediately create an
organization committee which shall study and formulate the staffing pattern,
qualification standards, and placement of personnel in the Department, its
services, bureaus, and offices. The Committee shall be composed of
representatives from the Department of Budget and Management, Civil
Service Commission, the fishery industry and the academe.

SECTION 16. Appropriations. For the effective implementation of

this Act, the amount of P5 Billion Pesos is hereby appropriated from the


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inappropriate 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 P500, 000,000.00 is hereby appropriated from the un-
appropriated funds of the National Treasury.

The revenues which the Department will generate from its licensing
operations, the fees collected & the proprietary services delivered by the
Department, and the administrative fines imposed by the National Fisheries
Regulatory and Adjudication Bond shall constitute the Department's
revolving fund from which amounts necessary to carry out the special research
projects, management and conservation programs, staff development
programs, and the acquisition of equipment, vessels, and airplanes, helicopters
of the Monitoring and Surveillance Center shall be taken: Provided, however,
That the fishpond rentals shall accrue to the National Fisheries Research and
Development Institute as provided under Section 46 (c) of Republic Act No.
8550. The use of such funds shall be project to COA rules and regulations.

SECTION 17. Separability Clause - If any provision of this Act is
declare unconstitutional inoperative, the other provisions not so declared shall
remain in force and effect.

SECTION 18. Repealing Clause. - All laws, decrees, orders, rules and

regulations or parts thereof inconsistent with the Act or the rules and


regulations promulgated pursuant thereto are hereby repealed or amended

accordingly.

SECTION. 19. Effectivity Clause. - This Act shall take effect fifteen
(15) days after publication in two (2) national newspapers of general
circulation.

Approved.