& Senate

FIFTEENTH CONGRESS OF THE) (Othe ofthe Sbeevetary

REPUBLIC OF THE PHILIPPINES —_) .
First Regular Session ) “0 Mv26 6-59

sp. NoSB16 &
soap ay :

Introduced by Senator Loren Legarda

EXPLANATORY NOTE

‘The Philippines is known as the center of marine biodiversity, having about 2/3s 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 marine species.

Despite their importance, these predators of the sea have themselves been hunted by humans
for their meat and fins. CNN and a conservation group called Shark Savers stated 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 toa
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 for 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 in Endangered Species of Wild Fauna and Flora, 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 whose trade, must be controlled in order to avoid
utilization that is incompatible with their survival,

‘The Fisheries Code or RA 8550 also declares it the policy of the State to achieve, “Conservation,
protection and sustained management of the country's fishery and aquatic resources.” While
EO. No. 578 makes it a state policy to protect and conserve biodiversity of ecosystems, species
and genes.

Although sharks and rays have not been officially declared endangered, its 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 urge for this

measure to be passed with dispatch.
———Tonineateanox

Senator


Senate

FIFTEENTH CONGRESS OF THE ) D eu gorns
197 (Ottice of the Merretacy

REPUBLIC OF THE PHILIPPINES )
First Regular Session )
1) NI 26 96 59

SENATE

S.B. No.2616.

Introduced by Senator Loren Legarda

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 House of Representatives of the Philippines in Congress
assembled: :

Section 1. Prohibition. It shall be unlawful to catch sharks and rays in Philippine
waters or to sell, purchase, possess, transport, or export the same, in any state, condition

or form, or any part thereof.

It shall also be unlawful to wound or kill sharks and rays, unless there is threat to
human life or limb, whether in the course of catching, other species of fish. Shark and
rays, which are accidentally included in the catch shall be immediately released

unharmed in the sea.

Sec. 2. Lead Agency. The BFAR and the DENR shall take steps to issue the
necessary orders to list all sharks and rays as endangered species. The Department of
Tourism, and the Philippine Council for Sports Scuba Diving (PCSSD), shall also
coordinate with the DENR, BFAR and the Local Governments to identify habitats and
feeding grounds of sharks and rays and declare the same as protected tourism estates.
Upon the identification of these areas, they shall be promoted for restorative eco-

tourism.

To eliminate the demand that results in the massive killing of sharks, Shark's Fin
Soup and the selling of sharks fin shall be prohibited. The Department of Trade and

Industry shall prepare a phase out plan for the serving of sharks’ fin soups in

1


restaurants and advise the restaurant owners on the matter.

The Department of Tourism (DOT) shall be the lead agency in the
implementation of this law and is authorized,to issue rules and regulations in

pursuance to this Act

Sec. 3, Information and Education.- The Department of Education, in cooperation
with other academic institutions (e.g. UP Marine Science Institute, Siliman University
Marine Laboratory) and others shall undertake a nationwide information and education
campaign to make the Filipinos understand the value of sharks and rays in the marine

ecosystem and to tourism.

Sec. 4. Assistance and Regular Reporting. The DOT and the other agencies
herein named shall seek the assistance of the PNP and other law enforcement agencies
and local government units for the implementation of this law. The DOT shall report to

the Office of the President every month on the progress of this initiative.

Sec. 5. Penal Provisions.- Whoever violates this Act or any rules and regulations
issued by the Department pursuant to this Act and is found guilty by a competent court
shall be fined in the amount of not less than Five thousand pesos (5,000) nor more than
Five hundred thousand pesos (500,000), or imprispnment for not less than one (1) year
but not more than six (6) years, or both, as determined by the court: Provided, That, if the
area or specie requires rehabilitation or restoration as determined by the court, the
offender shall also be required to restore or compensate for the restoration to the
damage: Provided, further, That the court shall order the forfeiture in favor of the
Government of all shark and ray products collected or removed including all
equipment, devices and firearms used in connection therewith by the offender. If the
offender is an association or corporation, the president or manager shall be directly

responsible for the act of his employees and laborers.

Sec. 6. Separability. - Any portion or provision of this law that maybe declared
unconstitutional shall not have the effect of nullifying its other portions or provisions,

as long as such remaining portions can still be given effect.


we on

Sec. 7. Repeal - All laws, executive orders, rules and regulations and other
issuances or parts thereof, which are inconsistent with this law, are hereby revoked,

amended, or modified accordingly.

Approved,