IRR of REPUBLIC ACT NO. 12074, January 03, 2026

[ IRR of REPUBLIC ACT NO. 12074, January 03, 2026 ]

IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 12074, "AN ACT ESTABLISHING A FRESHWATER FISH HATCHERY IN THE MUNICIPALITY OF TALACOGON, PROVINCE OF AGUSAN DEL SUR AND APPROPRIATING FUNDS THEREFOR"

RULE I. TITLE AND SCOPE

GENERAL PROVISION

Section 1. Title. These Rules shall be known and cited as the Rules and Regulations Implementing Republic Act No. 12074: "An Act Establishing a Freshwater Fish Hatchery in the Municipality of Talacogon, Province of Agusan del Sur and Appropriating Funds Therefor".

Section 2. Purposes. These rules shall govern the establishment, supervision, operation, monitoring and transfer of the Freshwater Fish Hatchery (FFH) of Talacogon, Agusan del Sur.

Section 3. Definition of Terms. For purposes of these Rules and Regulations, the following definitions shall apply:

a. Commissioning - testing of all facilities and equipment including all aspects needed in the operation of the hatchery;

b. Construction - refers to the process of building facility which includes planning and designing of layout and installation of equipment;

c. Feasibility Study (FS) - an analytical report of the assessment of a project concerning its market, financial, socio-economic and management feasibility. It is the culmination report of all the preparatory work that provides a comprehensive review of all aspects of the project before a final decision about its implementation is taken;

d. Freshwater species - aquatic species (fish, shellfish, and crustaceans) originating from lakes, reservoirs, streams and rivers having a salinity of 0 - 0.5 parts per thousand;

e. Freshwater Fish Hatchery - refers to land-based structure/s for artificial breeding and fish fry/fingerling production;

f. Phasing-in program - refers to the gradual transition of the operation and management of the hatchery from the Department of Agriculture - Bureau of Fisheries and Aquatic Resources (DA-BFAR) to the Local Government Unit (LGU) within two (2) years after construction and commissioning;

g. Transfer - refers to the turn-over of the FFH by the DA-BFAR to the LGU of Talacogon, Agusan del Sur, including its operation and management within two (2) years after construction.

RULE 2. GUIDELINES AND PROCEDURES

Section 4. Feasibility Study. The DA-BFAR shall conduct a full-scale feasibility study in support of its construction to comply with the requirements of the Department of Budget and Management.

Section 5. Construction. The Freshwater Fish Hatchery shall constructed under the supervision of of the DA-BFAR Regional Fisheries Office (RFO) CARAGA. The design and specifications of the hatchery shall be based on the DA-BFAR approved Feasibility Study and and Detailed Engineering Design.

Section 6. Operation and Management. The DA-BFAR through its RFO CARAGA shall allocate funds and spearhead the initial operation of the FFH within two (2) years after its construction and commissioning.

Section 6.1. Training and phasing-in program. The DA-BFAR RFO CARAGA shall provide a training and phasing-in program for the technical personnel of the LGU of Talacogon, Agusan del Sur to ensure the efficient operation and management of the hatchery.

Section 7. Transfer of the Operation and Management of the Freshwater Fish Hatchery. The DA-BFAR RFO CARAGA shall transfer through a Memorandum of Agreement (MOA) the operation and management of the FFH to the LGU of Talacogon, Agusan del Sur within two (2) years after construction.

Section 7.1. Staffing Pattern. Upon the transfer of the FFH, the LGU of Talacogon, Agusan del Sur shall create, through an ordinance, a minimum of three (3) plantilla positions to effectively manage and operate the hatchery. The hatchery shall have the following minimum operational structure. (see image in the original document)

Section 8. Monitoring Committee. The DA-BFAR RFO CARAGA shall create a Monitoring Committee composed of the following:

a. Chief of Fisheries Production and Support Services Division (FPSSD)

b. Provincial Fisheries Officer in Agusan del Sur

c. Legislated Hatchery Project Focal Person

d. Laboratory Personnel

e. Planning Officer

Section 9. Functions. The Monitoring Committee shall perform the following activities:

a. Conduct a semi-annual on-site monitoring and assessment of the operation of the FFH;

b. Conduct consultation with the LGU of Talacogon, Agusan del Sur on the result of the monitoring; and

c. Submit report and recommendations to the DA-BFAR Central Office.

Section 10. Funding Allocation.

The LGU of Talacogon, Agusan del Sur, through an ordinance, shall set aside funds from any available local revenue in an amount deemed appropriate for the management and operation of the hatchery after the transfer of the FFH.

After the transfer of the facility's operation and management to the LGU of Talacogon, Agusan del Sur, the DA-BFAR shall continue to provide technical assistance to the LGU.

RULE 3. OTHER PROVISIONS

Section 11. Circulars. The DA-BFAR shall issue memoranda and circulars to implement the provisions of these Rules and Regulations as may be deemed necessary.

Section 12. Amendments. The DA-BFAR may amend, suspend or revoke these Rules as may be necessary. Provided, however, that any amendment shall take effect fifteen (15) days after the date of publication in a newspaper of general circulation in the Philippines and its filing in the Office of the National Administrative Register (ONAR).

Section 13. Effectivity. These Rules shall take effect fifteen (15) days following it publication in the Official Gazette or in a newspaper of general circulation in the Philippines and its filing in the Office of the National Administrative Register (ONAR).

Issued this 03 JAN 2026 in Quezon City, Metro Manila, Philippines.

Recommending Approval:

(SGD.) ELIZER S. SALILIG, MFT

National Director

Bureau of Fisheries and Aquatic Resources

Approved:

(SGD.) FRANCISCO P. TIU LAUREL, JR.

Secretary

Department of Agriculture