EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S. No.
SENATE
752
of UK S ”' rftn rp
•19 
JUL 24 P3'-32
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
BANNING THE CATCHING, SALE, PURCHASE, POSSESSION, TRANSPORTATION, 
IMPORTATION, AND EXPORTATION OF ALL SHARKS AND RAYS OR ANY PART
THEREOF IN  THE COUNTRY
EXPLANATORY NOTE
The 
Philippines 
is 
known 
as 
the 
center 
of 
marine 
biodiversity, 
having 
about two-thirds of the known marine species of the Pacific living in its coastal 
waters. 
Sharks 
as 
predators 
of 
the 
sea, 
play 
a 
vital role 
in 
regulating
the ecological balance, particularly the health of important commercial fish species, 
population balance and protection of coral reefs. As such, our country plays a crucial role in 
protecting these marine species.
Despite their importance, these sea creatures have been hunted by humans for their 
meat and fins. CNN and a conservation group called Shark Savers state that, "Up to 100 
million sharks are killed annually. With some shark populations declining by as much as 90 
percent."
Numerous laws have been put in place to protect our environment and its flora and 
fauna. The 1987 Constitution provides that, "The State shall protect and advance the right 
of the people to a balanced and healthful ecology in accord with the rhythm and harmony of 
nature."
Domestic Law, particularly RA 9147 or the Wildlife Resources Conservation and 
Protection Act also provides that, "it shall be the policy of the State to conserve the 
country's wildlife resources, their habitats and sustainability," and shall work towards and


initiate scientific studies towards enhancement of biological diversity. Said law also 
recognizes our commitment to international conventions for the protection of wildlife and 
their habitats, such as the Convention on International Trade on Endangered Species of 
Wild Flora and Fauna, which the Philippines ratified in August 1981. Said Convention seeks 
to ensure that the survival of wild animals and plants are not threatened due to 
international trade. It also designates flora and fauna in separate appendices according to 
the threat of extinction, shark species being described as either threatened with extinction 
or those whose trade must be controlled in order to avoid utilization that is incompatible 
with their survival.
The Fisheries Code or RA8550 also declares it the policy of the State to 
achieve 
"conservation, 
protection 
and 
sustained 
management 
of 
the 
country's 
fishery and aquatic resources," while E.O. no. 578 makes it a policy to protect 
and conserve biodiversity of ecosystems, species and genes.
Although 
sharks 
and 
rays 
have 
not 
been 
officially 
declared 
endangered, 
their 
population 
has 
drastically 
declined 
over 
the 
years 
not 
only 
because 
of 
environmental 
decline 
but 
more 
importantly, 
over-fishing 
for 
human 
consumption. As they reproduce slowly, they are in danger of becoming extinct if
we 
do 
not 
proactively 
protect 
them. 
As 
such, 
I
t
h
a
t
 
this 
measure 
be 
passed with dispatch. 
( 
/  
___________


EIGHTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
SENATE 
S. No.
'if ! ;i' jfji' -T tn r?
■19 
JUL 24 P 3 :32
752
RE.
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT
BANNING THE CATCHING, SALE, PURCHASE, POSSESSION, TRANSPORTATION, 
IMPORTATION, AND EXPORTATION OF ALL SHARKS AND RAYS OR ANY PART
THEREOF IN  THE COUNTRY
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
1 
SEC. 1. Prohibition. - It shall be unlawful to catch sharks and rays in
2 
Philippine waters or to 
sell, 
purchase, 
possess, 
transport, 
or export the 
same
3 
in any state, condition or form, or any part thereof.
4 
It shall also be unlawful to wound or kill sharks and rays, unless there is a
5 
threat to human life and limb, whether in the course of catching other species
6 
of fish. Sharks and rays, which are accidentally included in the catch shall be
7 
immediately released unharmed in the sea.
8 
To eliminate the demand that results in the massive killing of sharks. Shark's Fin
9 
Soup and the selling of sharks fin shall be prohibited. The Department of Trade and
10 
Industry 
(DTI) 
shall 
prepare 
a 
phase-out 
plan 
for 
the
11 
serving of shark's fin soup in restaurants and advise restaurant owners on the
12 
matter.
13 
SEC. 2. Lead Agency. - The Department of Tourism (DOT) shall be the lead
14 
agency in the implementation of this law and is authorized to issue rules and regulations in
15 
pursuance of this Act.


1 
The Bureau of Fisheries and Aquatic Resources (BFAR) and the Department of
2 
Environment and Natural Resources (DENR) shall take steps to issue the necessary orders to
3 
list all sharks and rays as endangered species.
4 
The 
DOT 
and 
the 
Philippine 
Council 
for 
Sports 
Scuba 
Diving
5 
(PCSSD) 
shall 
also 
coordinate 
with 
the 
DENR, 
BFAR, 
and 
the 
Local
6 
Governments to 
identify the 
habitats 
and 
feeding 
grounds 
of sharks 
and 
rays
7 
and 
declare the 
same 
as 
protected 
tourism 
estates. 
Upon 
the 
identification 
of
8 
these areas, they shall be promoted for restorative eco-tourism.
9 
SEC. 3. In fo rm a tio n  and Education. 
- The 
Department 
of 
Education
10 
in cooperation with other academic institutions such as the UP Marine Science
11 
Institute, and Silliman Marine Laboratory, shall undertake a nationwide information and
12 
education campaign to make Filipinos understand the value of sharks and rays in the
13 
marine eco-system and to tourism.
14 
SEC. 4. 
Assistance and R egular Reporting. - The 
DOT 
and 
other
15 
agencies herein named shall seek the assistance of the Philippine National Police (PNP) and
16 
other law enforcement agencies and local government units for the implementation of this
17 
law. The DOT shall report to the Office of the President every month on the progress of the
18 
initiative.
19 
SEC. 5. Pena! Provisions. -  Any person who violates this Act or any rules and
20 
regulations 
issued 
by 
the 
DOT 
pursuant 
to 
this 
Act 
and 
is found 
guilty
21 
by 
the 
competent 
court 
shall 
be 
fined an 
amount of 
not 
less 
than 
Five
22 
Thousand 
Pesos 
(Php5,000.00) 
but 
not more 
than 
Five 
Hundred 
Thousand
23 
Pesos (Php500,000.00), or suffer imprisonment for one (1) year but not more than six (6)
24 
years, 
or 
both, 
as 
determined 
by 
the 
court. 
The offender 
shall 
also 
be
25 
required to compensate for the damage. 
Provided further. That the court shall
26 
order 
the 
forfeiture 
of all 
shark 
and ray products 
collected, 
including 
all
27 
equipment, 
devices and firearms used 
in connection 
therewith, 
in favor of the
28 
government. If the offender is an association or a corporation, the president or
29 
manager shall be directly responsible for the acts of his employees or laborers.
30 
SEC. 6. Separability Clause. - Should any part of this 
Act be declared
31 
invalid or unconstitutional, the rest of the provisions of this Act shall continue
32 
to be in effect and subsisting.
33 
SEC. 
7. 
Repealing 
Clause. 
- 
Any 
law, 
executive 
order, 
letter 
of
34 
instruction, 
rules 
and 
regulations, 
circulars, 
issuances 
or 
any 
part 
thereof
35 
inconsistent with any of the provision of this 
Act is hereby repealed, 
modified


1 
or amended accordingly.
2 
SEC. 8. E ffectivity Clause. - This Act shall take effect fifteen (15) days
3 
after its publication in the Official Gazette or in at least two (2) newspapers of
4 
general circulation.
Approved,