WHEREAS, Sec. 115 of Republic Act No. 8550 known as the œPhilippine Fisheries Code of 1998  provides for the creation of the Board of Fisheries in the Professional Regulation Commission (PRC) to upgrade the fisheries profession.

WHEREAS, the Department of Agriculture issued the Rules and Regulations implementing Republic Act No. 8550 on May 8, 1998.

WHEREAS, Sec. 115 of said Rules and Regulations directs the PRC to create and operationalize the Board of Fisheries under its administrative supervision and control, and the prescription of its powers and functions and other related matters on the licensing and regulation of the practice of the fisheries profession.

WHEREFORE, the Commission, in compliance with the provisions of the Rules and Regulations Implementing R.A. No. 8550, particularly Sec. 115 thereof, in relation to its powers under Sec. 5 of Presidential Decree No. 223, as amended, resolved as it hereby resolves to create the Board of Fisheries under its administrative supervision and control  and to prescribe its powers and functions relative to the licensing and regulation of the practice of the fisheries profession as follows:

ARTICLE I - Title

SEC. 1.   Title - This Resolution shall be known and cited as the Resolution Creating the Board of Fisheries.

ARTICLE II - Objectives and Definitions

SEC. 2.   Objectives - This Resolution provides for and shall govern:

a.         the administration and conduct of licensure examination, registration, and licensing of fisheries technologists;
b.         the supervision and regulation of the practice of the fisheries profession in the Philippines, and
c.         the upgrading of the fisheries profession and the professionalization of fisheries technologists.

SEC.. 3.  Definitions - As used in this Resolution, the following terms shall mean:

a.         Aquaculture - shall refer to fishery operations involving all forms of raising and culturing fish and other fishery species in fresh, brackish and marine water areas.
b.         Aquatic Resources - shall include fish, all other aquatic flora and fauna and other living resources of the aquatic environment, including but not limited to salt and corals.
c.         Board - refers to the Board of Fisheries.
d.         Commission - refers to the Professional Regulation Commission.
e.         Fisheries - shall refer 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 resource thereof.
f.          Fisheries Sector - refers to the sector engaged in the production, growing, harvesting, processing, marketing, developing, conserving and managing of aquatic resources and fisheries areas.
g.         Fisheries Technologist - refers to a person who is technically qualified and competent to practice the fisheries profession and who has been issued a certificate of registration and professional license as fisheries technologist by the Board and the Commission.
h.         Practice of the Fisheries Profession - shall refer to the application of the fundamental and known principles of fisheries to the peculiar condition and requirements of fisheries as an industry and as a field of science and shall include, but not limited to the following:

1.      Consultation, evaluation, investigation and management services in fisheries;

2.      Preparation of fisheries designs, plans, specifications, project feasibility studies and estimates, and the supervision and other management services in the construction, installation, operation and maintenance of fishing vessels, farms and facilities, post harvest equipment and facilities and other fisheries facilities, systems and technologies;

3.      Conduct research and development, training and extension work in fisheries, marine resource and aquaculture;

4.      Testing, evaluation and inspection of fisheries facilities and other related facilities;

5.      Management of fisheries resources and manufacture of fishery products, and/or marketing of fish and fishery products;

6.      Teaching fisheries, marine resource and aquaculture  subjects in higher institutions of learning in the Philippines recognized by the Government;

7.      Employment in the government and private sectors where the position requires the knowledge and expertise of a fisheries technologist.

ARTICLE III - Board of Fisheries

SECTION 4.       Creation and Composition of the Board - There is hereby created a Board of Fisheries to be composed of a Chairman and two (2) Members to be appointed by the President of the Philippines from a list of three (3) recommendees of the Professional Regulation Commission for each position chosen from a list of five (5) nominees for each position submitted by the accredited integrated association of fisheries technologists.

The Chairman and the two (2) Members who shall be professionally qualified fisheries technologists shall be automatically registered as fisheries technologists and issued certificates  of registration and professional  licenses upon payment of the prescribed fees and have taken the oath of a professional.

SECTION 5.       Qualifications of Board Members - The Chairman and Members of the Board of Fisheries shall, at the time of their appointment, possess the following qualifications:

a.         Must be a natural-born citizen and resident of the Philippines.
b.         Must at least be forty (40) years of age.
c.         Must be of proven integrity and possessed of high moral and ethical values in his personal as well as professional conduct.
d.         Must not have been convicted in a final judgment of a crime involving moral turpitude.
e.         Must be a holder of at least a degree of Bachelor of Science in Fisheries or Bachelor of Science in Fisheries Education from a school, college or university established or recognized by the Government or abroad, preferably a holder of a master ™s or doctorate degree in fisheries or fisheries education and has been engaged in the practice of the fisheries profession for at least ten (10) years before his appointment.
f.          Must not be connected with any school, college or university granting a degree that qualifies graduates of such degree for admission to the licensure examination for fisheries technologists either as administrative official/employee or faculty member or as owner, partner or stockholder.
g.         Must not be connected with any review center or any entity conducting review classes for candidates  in licensure examinations for fisheries technologists either as owner, partner or stockholder or reviewer.

SECTION 6.       Term of Office - The Chairman and Members of the Board shall hold office  for a term of three (3) years from the date of their appointment until their successors shall have been appointed and duly qualify; Provided, That the first appointees to the Board shall hold office according to the following terms: one (1) Member who shall be appointed Chairman shall serve for three (3) years; one (1) Member shall serve for two (2) years and the other Member shall serve for one (1) year.

The Chairman and Members may be re-appointed for another term but in no case shall serve for more than six (6) years.

In case of vacancy in the board occurring within the term of a member, the appointee to the position shall serve only for the unexpired portion of the term.

SECTION 7.       Compensation of the Members of the Board - The Chairman and Members of the Board shall receive compensation and allowances comparable to the compensation and allowances being received by Chairman and Members of existing Professional Regulatory Boards under the Professional Regulation Commission as provided in the annual General Appropriations Act.

SECTION 8.       Removal of Members - The President may, upon recommendation of the Commission, remove any Member of the Board for any of the following causes:

a)      negligence;
b)      incompetence;
c)      immoral, dishonorable or unprofessional conduct;
d)      violation of or abetting the violation of any provision of this Resolution or Code of Ethics for Fisheries Technologists;
e)      conviction in a final judgment of a crime involving moral turpitude.

The right of the respondent to due process and be assisted by counsel in an investigation shall be respected and upheld. The President may, also upon recommendation of the Commission, preventively suspend a Member under administrative investigation.

SECTION 9.       Powers and Functions of the Board - The Board of Fisheries shall have the following powers and functions:

a.      To promulgate, adopt and issue rules and regulations to carry out the provisions of this Resolution;
b.      To give and supervise the licensure examination for admission to the practice of the fisheries profession;
c.       To administer the oath of a professional to successful examinees in licensure examinations for fisheries technologists in appropriate mass-oath taking ceremonies to be held for the purpose;
d.      To register and issue certificates of registration to successful examinees in licensure examinations for fisheries technologists and to persons qualified to register as fisheries technologists without examination;
e.      To suspend or revoke the certificate of registration and professional license of a fisheries technologist for causes provided herein;
f.        To adopt official seal of the Board as well as the seal of fisheries technologists;
g.      To adopt and promulgate a Code of Ethics for Fisheries Technologists and a Code of Professional Standards for the Practice of the Fisheries Profession;
h.       To look into the conditions affecting the practice of the fisheries profession and, whenever necessary, to adopt such measures as may be deemed appropriate for the enhancement or maintenance of high professional and ethical standards of the practice of the fisheries profession;
i.        To ensure, in coordination with the Commission on Higher Education (CHED), that all educational institutions offering courses in fisheries education comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities;
j.        To hear/try and decide administrative cases involving violations of the provisions of this Resolution and its Implementing Rules and Regulations including the Code of Ethics for Fisheries Technologists and Code of Professional Standards for the Practice of the Fisheries Profession and, for  this purpose, to issue subpoena and subpoena duces tecum to secure the appearance of witnesses and the production of documents and to testify in connection herewith;
k.       To prescribe guidelines for the implementation of its continuing professional education programs which shall be mandatory for all fisheries technologists in coordination  with the accredited integrated association of fisheries technologists;
l.        To prepare, adopt and issue, in consultation with the academe, the syllabi or terms of specifications of the subjects for licensure examination and to amend the same;
m.     To discharge and perform such other duties and functions as may be necessary to carry out the objectives and purposes of this Resolution.

Except matters which are ministerial in nature, all policies and functions of the Board embodied in resolutions as well as the rules and regulations issued by the Board shall be subject to the review and approval of the Commission.

SECTION 10.    Supervision of the Board; Custodian of its Records, Secretarial and Support Services - The Board shall be under the administrative supervision and control of the Commission. All records of the Board including applications for examination, examination papers and results, minutes of deliberation, administrative cases and other investigations involving examinees and fisheries technologists shall be kept and subject to the disposition of the Commission.

The Commission shall provide secretarial and support services to the Board for the efficient and effective implementation of the provisions of this Resolution.

SECTION 11.    Annual Report - The Board shall, within thirty (30) days from the close of each calendar year, submit an annual report to the President of the Philippines thru the Professional Regulations Commission, of its proceedings and accomplishments during the year and make recommendations for the adoption of measures that will upgrade and improve the conditions for the adoption of measures that will upgrade and improve the conditions affecting the practice of the fisheries profession in the Philippines.

ARTICLE IV - Examination and Registration

SECTION 12.    Examination Required - All applicants for registration for the practice of the fisheries profession shall be required to undergo and pass a written examination as provided herein.

SECTION 13.    Qualifications of Applicants for Examination - Each applicant for examination shall establish, to the satisfaction of the Board that:

a.      He/She is a citizen of the Philippines.
b.      He/She is of good moral character.
c.       He/She is a graduate of the degree of Bachelor of Science in Fisheries or Bachelor of Science in Fisheries  Education from a school, college or university established or recognized by the Government.

SECTION 14.    Fraudulent Application - The Board may suspend or revoke a certificate of registration and professional license already issued, if a registrant has been proved or found to have made misrepresentation/s in his application for examination.

SECTION 15.    Scope of Examination - The examination for fisheries technologists shall basically cover the following fields:

1.      Aquaculture

2.      Inland and Capture Fisheries

3.      Post-Harvest Fisheries and Fish Processing Technology

4.      Aquatic and Marine Biology

5.      Aquatic Resources and Fisheries Business Management.

The Board may recommend to the CHED changes in the said subjects to conform with modern and advanced technologies in fisheries profession. The Board shall not give examinations in the subjects unless applicants for examination have enrolled and passed such subjects.

SECTION 16.    Ratings in the Board Examination - To pass the licensure examination for fisheries technologists, a candidate must obtain a weighted general average rating of seventy-five percent (75%) with no grade lower than sixty percent (60%) in any given subjects. However, if an examinee obtains a weighted general average rating of seventy-five percent (75%) or higher but obtained a rating below sixty percent (60%) in any given subject/s, he/she shall be allowed to take the examination in the subject/s where he obtained a grade below sixty percent (60%). This removal examination shall be availed of only once.

SECTION 17.    Report of Ratings - The Board shall submit to the Commission the rating obtained by each examinee in the licensure examination within a period of twenty (20) days after the examination in the last subject unless extended by the Commission for just and valid cause/s. Upon the release of the results of the examination the Board, thru the Rating Division of the Commission, shall send by mail the report of rating obtained by each examinee at his/her given address using the mailing envelope with postage stamp submitted during the examination.

SECTION 18.    Re-Examination - An applicant who fails to pass the examination for the third time shall be allowed to take another examination only after the lapse of one (1) year.

SECTION 19.    Oath of the Fisheries Technologists - All successful examinees in the examination including applicants who are qualified to register as fisheries technologists without examination shall be required to take the oath of a professional in person before the Board in oath-taking ceremonies held for the purpose prior to entering the practice of the fisheries profession. Any successful examinee may, for just and good cause shown, be allowed to take the oath of a professional before any Member of the Board or any person authorized by law to administer oaths.

SECTION 20.    Certificate of Registration and Professional License - A certificate of registration shall, after personally signing the Roll of Fisheries Technologists and payment of the prescribed fees, be issued to a successful examinee as well as to a person who qualified to register as a fisheries technologists without examination.

The certificate of registration of a fisheries technologist shall bear the picture of the registrant permanently attached thereto and the signatures of the Chairman and Members of the Board and the Chairman of the Commission with the official seal of the Board being affixed thereto indicating that the person named therein is a registered fisheries technologist and authorized to practice the fisheries profession.

A professional license duly signed by the Chairman of the Commission shall likewise be issued to the registered fisheries technologist after payment of the annual registration fees for three (3) consecutive years. The license bearing the number of the licensee ™s certificate of registration including the date of issuance and date of expiration of said license shall serve as evidence that the registered fisheries technologist is legally authorized to practice his profession during the period of its validity.

SECTION 21.    Seal and Use of Seal - Every fisheries technologist shall obtain a seal of such design as the Board shall adopt and approve which shall be impressed upon all documents, records, papers and/or instruments prepared by/or under the direct supervision of or issued by a registered fisheries technologist. The seal shall be used by the fisheries technologist only during the period of the validity of his license.

SECTION 22.    Indication of License and Privilege Tax Receipt - Every registered fisheries technologist shall be required to indicate the number of his professional license, the dates of issuance and expiration of said license including the number of his privilege tax receipt , its date and place of issue, on any and all documents that he signs, uses or issues in connection with the practice of the fisheries profession.

SECTION 23.    Grounds for the Suspension or Revocation of Certificate of Registration and/or Professional License - The Board may, upon due notice and hearing, suspend or revoke the certificate of registration and professional license of the fisheries technologist upon the grounds provided herein, including but not limited to the following:

a)      use or perpetration of any fraud or deceit in obtaining a certificate of registration;
b)      incompetence;
c)      negligence;
d)      immoral, dishonorable or unprofessional conduct;
e)      malpractice or illegal practice of the fisheries profession;
f)       violation of or abetting the violation of the provisions of this Resolution, its Implementing Rules and Regulations or violation of the Code of Ethics for Fisheries Technologists or the Code of Professional Standards for the Practice of the Fisheries Profession; Provided, That the decision of the Board may be appealed to the Commission within fifteen (15) days from notice of judgment.

ARTICLE V - Practice of the Fisheries Profession

SECTION 24.    Practice of the Fisheries Profession - The practice of the fisheries profession is a professional service admission to which shall be determined upon the bases of an individual ™s personal qualifications. No firm, company, partnership, association or corporation may be registered or licensed to practice the fisheries profession; Provided, however, that persons registered and licensed as fisheries technologists may, among themselves, form a firm, partnership or association using the term œFisheries Technologists  and obtain registration with the Securities and Exchange Commission (SEC). No person shall be allowed to be a member, partner or associate in such firm, partnership or association unless he is a duly registered and licensed fisheries technologist.

SECTION 25.    Registration of Fisheries Technologists without Examination - Upon approval of the application and payment of the prescribed fees, certificate of registration and professional license shall be issued to the applicant for registration without examination who can prove to the satisfaction of the Board that:

A. He/She graduated with the degree of Bachelor of Science in Fisheries or Bachelor of Science in Fisheries Education from a school, college or university established or recognized by the Government or any of the following closely related degrees, namely: Bachelor of Science in Biology; Bachelor of Science in Zoology; Bachelor of Science in Food Technology; Bachelor of Science in Marine Biology; Bachelor of Science in Agricultural Education; Bachelor of Science in Agriculture or obtained the following degrees namely:

a.      Bachelor of Science in Economics
b.      Bachelor of Science in Commerce, major in Economics
c.       Bachelor of Science in Medical Technology
d.      Bachelor of Science in Chemistry
e.      Bachelor of Science in Pharmacy
f.        Bachelor of Science in Chemical Engineering
g.      Bachelor of Science in Nutrition and Dietetics

provided that he/she has earned at least eighteen  (18) units in any of the fields of specialization as provided in Section 15 hereof and has accomplished any of the following:

a.      Has passed any of the Civil Service Examination for Fisheries, namely: Fisheries Technologist; Fisheries Biologist; Fisheries Officer or Fisheries Agent; and
b.      Has served the fisheries industry in either government sector for not less than five (5) years before the effectivity of R.A. No. 8550.

SECTION 26.    Integration of the Fisheries Technologists - After the registration of persons qualified to register as fisheries technologists without examination and/or the registration of successful examinees in licensure examination for fisheries technologists, the Board of Fisheries shall initiate the integration of all registered fisheries technologists into one national association or organization  of fisheries technologists which shall be registered with the Securities and Exchange Commission (SEC) and recognized by the Board and accredited by the Commission as the one and only accredited integrated association of fisheries technologists.

Upon registration with the Board, every fisheries technologist shall automatically become a member of the accredited integrated national association/organization of fisheries technologists and shall be qualified to receive the benefits and privileges appurtenant to such membership.

SECTION 27.    Foreign Reciprocity - No foreigner shall be admitted to sit in the licensure examination for fisheries technologists and/or be registered as fisheries technologists and issued a license or a temporary special permit under this Resolution unless he proves in the manner provided in the law creating the Professional Regulation Commission, that by specific  provision of law of the country of which he is a citizen, allows citizens of the Philippines to practice the fisheries profession after an examination or without examination on terms of strict and absolute equality with the citizens of said country including the unconditioned recognition of prerequisite degrees issued by institutions of learning established or recognized by the Government of the Republic of the Philippines.

SECTION 28.    Fund Assistance - The Secretary of Agriculture shall allocate from the initial appropriation of the Department of Agriculture provided in Section 111 of R.A. No. 8435,  known as the Agriculture and Fisheries Modernization Act of 1997 and release to the Professional Regulation Commission the amount of Ten Million (P10,000,000.00) Pesos to be disbursed for the operation of the Board of Fisheries authorized to be created in the Professional Regulation Commission pursuant to Section 75 of R.A. No. 8435 in relation to Section 115 of R.A. No. 8550 known as the Fisheries Code of 1998 for a period of one (1) year from its creation which shall include personal services, maintenance and other operating expenses and capital outlay.

Thereafter, such sums as are necessary for the continued operation of the Board shall be included in the Annual Appropriations of the Professional Regulation Commission.

SECTION 29.    Implementing Rules and Regulations - The Board shall adopt, promulgate and issue the Rules  and Regulations to implement or carry out the provisions of this Resolution subject to the approval of the Commission.

SECTION 30.    Effectivity - This Resolution shall take effect after thirty (30) days following its publication in the Official Gazette or newspaper of general circulation in the Philippines, whichever is earlier.

Adopted: 15 May 2000

(SGD.) HERMOGENES P. POBRE Commission Chairman
(SGD.) ALFONSO G. ABAD  Associate Commissioner	(SGD.) AVELINA DELA REA-TAN  Associate Commissioner
ATTESTED:
(SGD.) EDGARDO J. ANGARA Secretary, Department of Agriculture