SEC. 4. Jurisdiction of the Bureau—The Bureau
shall have jurisdiction and responsibility in the management
conservation, development, protection, utilization and disposition of
all fishery and aquatic resources of the country except municipal waters
which shall be under the municipal or city government concerned: Provided,
That fish pens and seaweed culture in municipal centers shall be under
the jurisdiction of the Bureau: Provided, Further, That all
municipal or city ordinances and resolutions affecting fishing and
fisheries and any disposition thereunder shall be submitted to the
Secretary for appropriate action and shall have full force and effect
only upon his approval. The Bureau shall also have the authority to
regulate and supervise the production, capture and gathering of fish and
fishery/aquatic products.
The Bureau shall prepare and
implement, upon approval of the Fishery Industry Development Council, a
Fishery Industry Development Program.
Supervision and Control.
SEC. 5. Supervision and Control.—The Bureau shall
be directly under the control and supervision of the Secretary of
Natural Resources.
Review.
SEC. 6. Review.—All actions and decisions of the
Director of Fisheries and Aquatic Resources are subject to review, motu
propio or upon appeal of any person aggrieved thereby, by the
Secretary whose decision shall be final and executory after the lapse of
thirty (30) days from receipt by the aggrieved party of said decision,
unless appealed to the President in accordance with Executive Order No.
19, series of 1966. The decision of the Secretary may not be reviewed by
the courts except through the special civil action of certiorari and
prohibition.
Rules and Regulations.
SEC. 7. Rules and Regulations.—The Secretary
shall, upon recommendation of the Director, promulgate rules and
regulations to implement effectively the provisions of the Code. Such
rules and regulations shall, unless otherwise herein provided, take
effect fifteen (15) days after its publication in the Official Gazette
and/or two newspapers of general circulation.
Technical Assistance and Training Program.
SEC. 8. Technical Assistance and Training Program.—
The Bureau shall undertake or arrange special technical assistance and
training programs for the enhancement of the fishery industry and
provide assistance to fishery educational institutions in their research
and instructional activities, and in connection therewith to maintain
and operate fishing.
Research and Demonstration Service.
SEC. 9. Research and Demonstration Service.—The
Bureau shall conduct research and studies regarding fish and
fishery/aquatic products; establish fish hatcheries, nurseries and
demonstration fishfonds; conduct experiment and demonstration services
on fish capture and gathering fishery/aquatic products, and the culture
and processing thereof; conduct oceanographic and limnological surveys;
and dessiminate the result of such research, studies and surveys.
Fish landing points.
SEC. 10. Fish landing points.—The Bureau shall
determine and designate fish landing points where all commercial fishing
boats shall land and unload their catch: Provided, That all fish
landing points established prior to the effectivity of this Decree
shall be considered authorized fish landing points: Provided, Further,
That any fish landing point may, if circumstances so warrant, be
closed.
New Divisions in the Bureau.
SEC. 11. New Divisions in the Bureau.—To carry
out efficiently its functions under this Decree, the following new
divisions are hereby created in the Bureau: Legal Division, Fisheries
Conservation and Enforcement Division, Fisheries Extension Division,
Fisheries Utilization Division, Fisheries Engineering Division, and
Fisheries Training Division: Provided, That the new divisions
shall be staffed by the Director from qualified personnel of the Bureau
as first priority, and proposals for additional necessary personnel
shall be included in the Bureau's appropriation for the succeeding year.
Source: Supreme Court E-Library, Republic of the Philippines. Philippine laws are public documents (works of the government).
