Department of Fisheries and Aquatic Resources Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES JUL -7 P1:32 First Regular Session SENATE S. No. _ Introduced by Senator FRANCIS N. PANGILINAN AN ACT CREATING THE DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES, PROVIDING FOR ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES EXPLANATORY NOTE The Philippines, an archipelagic nation, heavily relies on its fisheries sector for food security and livelihood. In the first quarter of 2025, the country's fisheries output reached 1.01 million metric tons contributing Php 55.10 Billion to the national agriculture and fisheries value, a 1.5% increase in the previous year.! Projections from the UN's Food and Agriculture Organization (FAO) anticipate the Philippines remaining the 5th largest fish producer in Asia by 2032, with production expected to increase by 12% to nearly 2.9 million metric tons (MT), primarily driven by aquaculture.2 Despite this vital role and growth potential, Filipino farmers (27.0%) and fisherfolks (27.4%) consistently registered among the highest poverty incidences in 1 Philippine Statistics Authority, Fisheries Situation Report. Published May 6, 2025. Available ht:../content/fisheriesitation report an ama mised essed Mur 28,2022025. Nevalable , PH hume 28,2wwS/anetwork.com/news/monev/economv/945262/ph-agricaulture-output-up-1-9-in-al-2023/35v/ aesse on Philippine Star, Arcalas, Jasper Emmanuel, Aquaculture to drive up Philippine fish harvest, says FAO. Published on Jun 1,202. sal on unhe 29, 203y. philtar.com/business/ 2021/0/1/2361852/aquaculture-drive philipine-fast-harvestsays.

2023 according to the Philippine Statistics Authority (PSA). 3 This paradox highlights a basic disconnect: those who feed the nation remain among its poorest. The massive scope and unique challenges of the fisheries and aquaculture sector, including issues like overfishing, illegal fishing, environmental degradation, and limited access to resources, often exceed the capacity of the Bureau of Fisheries and Aquatic Resources (BFAR), a bureau under the Department of Agriculture. To strategically develop and sustainably manage the country's vast fisheries and aquatic resources, and to uplift the millions of fisherfolk from poverty, this bill proposes the creation of a dedicated Department of Fisheries and Aquatic Resources (DFAR). This new department will provide the focused attention and support necessary for the comprehensive development, effective management, protection, and conservation of marine wealth, ensuring the needs of fisherfolks are adequately addressed and their welfare is prioritized. In view of the foregoing, the immediate approval of this bill is earnestly sought. FRANCIS M PANGILINAN Senator 3 Philippine Statistics Authority, Poverty Statistics, Poverty Incidence Declined from 2021 to 2023 in Ten Basic Sectors. Available at https://psa.gov.ph/statistics/poverty. (Accessed on June 28, 2025).

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session JUL -7 P1:32 SENATE RECi ..... S. No. 221 Introduced by Senator FRANCIS N. PANGILINAN AN ACT CREATING THE DEPARTMENT OF FISHERIES AND AQUATIC RESOURCES, PROVIDING FOR ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Be enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Title.- This Act shall be known as the "Department of Fisheries and

Aquatic Resources Act."

Sec. 2. Declaration of Policies - It is hereby declared the policy of the State to:

(a) promote the sustainable development and management of all fisheries, marine, and aquatic resources in Philippine waters, including its exclusive economic zones (EEZs), in the adjacent high seas and in coastal and inland aquatic resources consistent with the objective of maintaining a sound ecological balance, protecting and enhancing the quality of the environment; (b) protect and conserve the nation's aquatic wealth in its archipelagic waters, territorial seas, and EEZs and reserve its use and enjoyment exclusively to Filipino citizens; (C) safeguard the rights of small-scale fishermen in the preferential use of communal marine, fisheries and aquatic resources;

(d) ensure sustainable fisheries production in inland aquatic resources consistent with the objective of ensuring availability of food staples and achieving food security; (e) protect fisherfolk communities from the adverse effect of climate change and natural and man-made hazards;

Sec. 3. The Department of Fisheries and Aquatic Resources.- The Department

of Fisheries and Aquatic Resources, hereinafter referred to as the "Department" hereby created in accordance with the provisions of this Act.

Sec. 4. Mandate.- 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 other activities which impact these habitats, with the exception of municipal waters, which shall remain under the jurisdiction of local government units (LGUs): Provided, That LGUs shall manage their respective municipal waters in accordance with national fishery policies, laws, rules, and regulations, and in a manner consistent with the policies set forth herein. 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 also have the responsibility of rationalizing all ocean sector initiatives which impact on fish and marine resources or their habitat, including, but not limited to, exploration and development of marine energy, promotion and management of coastal and marine tourism, designation of shipping lanes, and identification of and management of protected areas and marine industry development areas.

Sec. 5. Powers and Functions.- The Department shall exercise the following

powers and functions: (a) Exercise authority and the responsibility over the utilization of the ocean, including its fisheries and their habitat; (b) Coordinate and monitor the implementation of fisheries and ocean sector, statutes, policies, plans and programs for all maritime components;

naintenance, operation and inspection of all fishing ports, landing sites, (k) Prescribe rules and regulations concerning the ciassification, construction, Management Council (NFARMC) and LGUs concerned. resources in consultation with the National Fisheries and Aquatic Resources conflicts arising from the use and allocation of fisheries and other aquatic (ji) Provide technical and other forms of assistance in the settlement of appropriate government agencies in the enforcement of the same; (i) Enforce all fishery laws, rules and regulations and coordinate with workers engaged in commercial fishing; (h) Issue fish worker licenses and identification cards free of charge to fish situated in proximity to municipal waters; evidence: Provided, That preference shall be accorded to local communities capacities as determined through scientific studies or best available for the conduct of fishery activities, subject to the specific resource carrying (g) Issue licenses for the operation of commercial fishing vessels and permits concerned; municipal waters which shall remain under the jurisdiction of LGUS utilization of fisheries and aquatic resources, with the exception of (f) Promulgate rules and regulations governing the conservation and proper development; accordance with the principles of food security and sustainable standards for the efficient and economic operation of the fishing industry in consistent with the national development plan and set policies and (e) Formulate and implement an Fishery Industry Development Program evidence on the status of the fisheries and marine resources; development using scientifically-generated information or best available based on precautionary principle and the principle of sustainable (d) Prepare and implement a comprehensive Fisheries and Management Plan, the published fisheries and oceans management plans; and amplify the aforementioned departmental mandate in accordance with (c) Promulgate and enforce fisheries and oceans habitat regulations to clarify

and fish markets, and the operation of business therein, with the exception of those owned, controlled or operated by LGUs; (l) Establish and maintain a Philippine Fisheries and Aquatic Information System (PFARIS) which shall function as the primary repository of all information pertaining to fisheries, oceanic and other aquatic resources, including, but not limited to, fisheries and aquaculture production, domestic and international fisheries trade, consumption, and utilization of fisheries and other aquatic resources, and researches on fisheries conservation, production, processing, marketing and innovations; (m) Enforce laws, treaties, rules and regulations concerning the conservation and protection of rare, threatened and endangered marine and other aquatic species and their respective habitats, including the conservation and management of straddling stocks and other highly migratory marine and aquatic species; (n) Designate marine protected areas such as marine sanctuaries, marine reserves and marine parks pursuant to existing laws, treaties, rules and regulations; (o) Formulate and enforce a Code of Conduct for Responsible Fisheries and Code of Conduct for Responsible Aquaculture; (p) Promote international cooperation with in the sector of fisheries and integrated ocean management; (q) Impose administrative sanctions, including fines and penalties, for minor infractions in accordance with the schedules and limits as embodied in fisheries laws, rules and regulations and as agreed upon by the Department of Justice; (r) Acquire, maintain, operate, purchase, ease, or dispose fisheries equipment and facilities such as, but not limited to, fish port, fish yard, fishing vessel, fishing gear, refrigerated truck, ice plant, cold storage, and aquaculture facilities through the Philippine Fisheries and Development Authority (PFDA);

(s) Fix, assess, collect, and adjust fees and charges for the use and sale of properties, equipment, facilities, and services, to support the programs and projects of the Department; (t) Provide infrastructure support such as, but not limited to, municipal fishing port, municipal fish landing site, municipal fish market, fish health, and food safety laboratory, local shipbuilding and repair facility, post-harvest facilities and access roads through the PFDA; (u) Establish and implement a National Marketing Assistance Program through the PFDA to ensure the generation of highest possible income for fisherfolk, and fishery-related enterprises by harmonizing fisheries supply with the demand from domestic and international markets; and (v) Perform such other functions as may be necessary to carry out the purposes of this Act or as may be provided by law.

Sec. 6. Composition.- The Department shall be headed by a Secretary. The

Department proper shall be composed of the Office of the Secretary, the Offices of the Undersecretaries and Assistant Secretaries.

Sec. 7. The Secretary of the Department of Fisheries and Aquatic Resources.-

The Secretary of the Department, hereinafter referred to as the Secretary, shall be appointed by the President subject to the confirmation of the Commission on 20 Appointments, and shall exercise the following duties and functions: (a) Exercise supervision and control over all bureaus, institutes, center and offices under the Department; (b) Exercise authority and assume responsibility for the performance of the powers and functions of the Department; (c) Provide advice to the President on the promulgation of policies, rules and regulations, and other matters pertinent to the sustainable development, utilization and management of fisheries and other aquatic resources; (d) Formulate policies and standards for the efficient and effective operation of the Department in accordance with the established plans, programs, and standards of the Government; (e) Promulgate rules and regulations, and other issuances to carry out the mandates, objectives, plans, programs and projects of the Department;

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

Sec. 8. Undersecretaries.- The Secretary shall be assisted by three (3)

Undersecretaries, who shall be appointed by the President upon the recommendation of the Secretary: Provided, that two (2) of the Undersecretaries shall be career officers.

Sec. 9. Assistant Secretaries.- The Secretary shall be assisted by three (3)

Assistant Secretaries who shall be appointed by the President upon the 9 recommendation of the Secretary. Provided, that two (2) of the Assistant Secretaries shall be career officers.

Sec. 10. Regional Offices.- The Department may establish, operate, and

maintain a regional office in the different administrative regions of the country as may be necessary. Each regional office shall be headed by a Regional Director, who may be assisted by one (1) Assistant Regional Director. The Regional Director and Assistant Regional Director shall be appointed by the President upon the recommendation of the Secretary The regional offices shall have support staffs as may be necessary to perform the following duties and functions: (a) Implement laws, policies, plans, projects, rules and regulations of the Department; (b) Provide efficient and effective frontline services to the fisheries sector, particularly to municipal farmers; (c) Coordinate with regional offices of other departments, offices, and agencies, as well as with the LGUs within their respective jurisdictions; and (d) Perform such other functions as may be provided by law or assigned by the Secretary.

Sec. 11. Qualifications.- No person shall be appointed Secretary,

Undersecretary, or Assistant Secretary of the Department unless the appointee is a citizen and a resident of the Republic of the Philippines, of good moral character, of proven integrity, and with at least seven (7) years of competence and expertise in any of the following: biology, ecology, biogeochemistry, biotechnology, marine science, limnology, oceanography, fisheries management or other related disciplines, 32 either in the private or public sector.

Sec. 12. Abolition, Transfer and Merger of Agencies and Personnel.- The

2 Bureau of Fisheries and Aquatic Resources (BFAR) reconstituted under Republic Act 3 No. 8550, is hereby abolished. All relevant functions, appropriations, records, properties, equipment, and personnel shall be transferred to the Department. Provided, That no official or employee of the BFAR shall be separated from the 6 service in a manner inconsistent with Section 13 of this Act. The National Fisheries and Aquatic Resources Management Council (NFARMC) 8 created by Republic Act No. 8550, shall be transferred to the Department: Provided, 9 that an Undersecretary of the Department shall be appointed as Chairperson of the 10 NFARMC. The National Fisheries Research and Development Institute (NFRDI) created 12 by Republic Act No. 8550 shall be transferred to the Department and shall serve as 13 the principal research arm of the Department: Provided, That an Undersecretary of 14 the Department and the Executive Director of the NFRDI shall be appointed as 15 Chairperson and Vice-Chairperson of the NFRDI Governing Board: Provided further, 16 That no official or employee of the NFRDI shall be separated from the service in a manner inconsistent with Section 13 of this Act. The Philippine Fisheries Development Authority (PFDA) created by Presidential Decree No. 977, as amended, shall be transferred as an attached government to the Department, including its relevant functions, appropriations, records, properties, equipment, and personnel: Provided, That the Secretary shall be appointed as Chairperson of the PFDA Board of Directors: Provided, further, That no official or 23 employee of the PFDA shall be separated from the service in a manner inconsistent 24 with Section 13 of this Act. All other operating units of the Department of Agriculture (DA) with functions 26 and responsibilities dealing with fisheries and aquatic resources, including units under its attached agencies and corporations, are hereby transferred to the Department: Provided, That no official or employee of the DA shall be separated from the service in a manner inconsistent with Section 13 of this Act.

Sec. 13. Separation and Retirement from Service.- Employees who are

separated from service within six (6) months from the effectivity of this Act as a result of the consolidation and/or reorganization under the provisions of this Act

1 shall receive separation benefits to which they may be entitled to under Executive 2 Order No. 366, s. 2004: Provided, That those who are qualified to retire under 3 existing retirement laws shall be allowed to retire and receive retirement benefits to 4 which they may be entitled to under applicable laws and issuances.

Sec. 14. Organizational Structure and Staffing Pattern.- Subject to the approval

6 of the Department of Budget and Management (DBM), the Department shall 7 determine its organizational structure and create new bureaus, divisions or units as 8 it may deem necessary, and shall appoint officers and employees of the Department 9 in accordance with the civil services law, rules and regulations.

Sec. 15. Transition Period.- The transfer of functions, assets, funds,

11 equipment, properties, transactions and personnel of the affected agencies, and the formulation of internal organic structure, staffing pattern, operating system, and 13 revised budget of the Department, shall be completed within six (6) months from 14 effectivity of this Act., during which time, the existing personnel shall continue to 15 assume their posts in hold over capacities until new appointments are issued: 16 Provided, That the Department, in coordination with the DBM, shall determine and 17 create new positions, the funding requirements of which shall not exceed the 18 equivalent cost of positions that may be abolished or reorganized.

Sec. 16. Appropriations.- The amount needed for the initial implementation of

20 this Act shall be taken from the current fiscal year's appropriation of the BFAR and 21 all agencies herein absorbed by or attached to the Department. Thereafter, the 22 amount needed for the operation and maintenance of the Department shall be 23 included in the General Appropriations Act.

Sec. 17. Implementing Rules and Regulations.- Within sixty (60) days from the

effectivity of this Act, the BFAR, Civil Service Commission (CSC) and DBM, in coordination with the DA, PFDA, NFRDI, NFARMC, and other government agencies concerned, shall promulgate the necessary rules and regulations to effectively implement the provisions of this Act.

Sec. 18. Separability Clause. - If, for any reason, any provision of this Act or

30 any part thereof shall be held unconstitutional and invalid, the other parts or 31 provisions of this Act, which are not affected thereby, shall remain in full force and 32 effect.

Sec. 19. Repealing Clause.- All laws, decrees, orders, rules and regulations or

2 parts thereof inconsistent with any of the provisions of this Act or the rules and regulations promulgated pursuant thereto are hereby repealed, amended or modified accordingly.

Sec. 20. Effectivity Clause.- This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in two (2) newspapers of general circulation in the Philippines. Approved,