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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No.8886é

Introduced by Representative Wes Gatchalian

AN ACT
BANNING THE CATCHING, SELLING, PURCHASING, POSSESSING,
‘TRANSPORTING, IMPORTING AND EXPORTING OF ALL SHARKS AND RAYS IN
THE COUNTRY

EXPLANATORY NOTE

The Philippines is at the center of the world’s marine biodiversity and as such
it has one of the most diverse marine ecosystems in the world. It is home to more
than two-thirds of the known marine species in the Pacific and has one of the richest
concentration of marine life on the entire planet. It is also where almost 200 species
of sharks and rays can be found, the apex predators of the seas that play an
important role in maintaining the equilibrium of the marine ecosystem.

Time and again, various research have highlighted the importance of sharks
and rays. They serve as an indicator of ocean health, and are vital in maintaining the
ocean’s corals. However, their continued loss due to overfishing has led to a decline
in coral reefs, and with it, the ocean’s biodiversity.

Under the 1987 Constitution, the State is mandated to “protect and advance
the right of the people to a balanced healthful ecology in accord with the rhythm and
harmony of nature.” It is therefore our responsibility to protect sharks and rays to
keep a healthful ecology. Unfortunately, only a fifth of these species are protected
under local and international laws and there is currently no effective national Jew
protecting sharks and rays, as well as their by-products.



As a result, illegal shark trade has been on the rise. It is estimated that as
many as 273 million sharks are killed each year for their fins and the demand for
shark fins top 800,000 metric tons a year. What is more is that these fins are usually
harvested in the cruelest of ways. Sharks and rays are brought on board a vessel,
their fins cut off, and the live shark or ray is thrown off board and left to bleed,
drown, and suffer a slow death.

Just this January 2021, Hong Kong customs intercepted 1 ton of dried shark’s
fin that originated from the Philippines putting massive pressure on shark
populations in the country. It therefore incumbent upon us to put an end to this
trade because the population of sharks and rays have drastically declined over the
years. We need to protect these species as they reproduce slowly, and if we allow
them to be overfished they are in danger of becoming extinct. Thus, based on the
foregoing reasons, the swift passage of this bill is earnestly sought



CmVanawne

Republic of the Philippines
HOUSE OF REPRESENTATIVES

EIGHTEENTH CONGRESS
First Regular Session
HOUSE BILL No.3884
Se
Introduced by Representative Wes Gatchalian
——

AN ACT
BANNING THE CATCHING, SELLING, PURCHASING, POSSESSING,
TRANSPORTING, IMPORTING AND EXPORTING OF ALL SHARKS AND RAYS IN
THE COUNTRY

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This act shall be known as the “Ban on Shark’s
Fins Act’.

SEC.2. Declaration of Policy. - Pursuant to the objectives of the
Convention on International Trade in Endangered Species of Wild Fauna and Flora,
it is the declared policy of the State to conserve, protect and sustain the management
of the country’s shark and ray population. Thus, the State shall ensure the
maintenance of ecological balance and marine biodiversity for the benefit of present
and future generations of Filipinos.

SEC. 3. Definition of Terms. - As used in this Act:

(A) Finning refers to the practice of slicing the fins off live sharks or rays
and leaving them to die or throwing them back to the ocean;

SEC. 4. Prohibited Acts and Penalties. - It shall be unlawful to catch
‘sharks and rays in Philippine waters or to sell, purchase, possess, transport, import,
or export the same, or any of their by-products, in any state, condition or form. It
shall also be unlawful to harm or to kill sharks and rays in the course of catching
other species of fish. Sharks and rays which are accidentally included in the catch


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in the course of catching other species of fish shall be immediately released
unharmed to the sea.

‘The following prohibited acts shall be punished with the corresponding
penalties:

(A) __ Killing, destroying, finning or inflicting injury on sharks and rays, and
exporting of sharks or rays or any of their by-products or derivatives
shall be punished with imprisonment of a minimum of six (6) years and
one (1) day to twelve (12) years or a fine of not less than five hundred
thousand pesos (P500,000.00) but not more than one million pesos
(P1,000,000.00), or both, at the discretion of the court;

{B) Catching, selling, purchasing, possessing, transporting, importing and
serving any dish containing sharks or rays, or their by-products or
derivatives shall be punished with imprisonment of six (6) months and
one (1) day to six (6) years or a fine of not less than one hundred
thousand pesos (P100,000.00) but not more than five hundred
thousand pesos (PS00,000.00), or both, at the discretion of the court;

If the violation is committed by a juridical person or government entity, the
head of office and the person responsible for the violation shall be held liable without
prejudice to any further liability for violations of any provision of other applicable
laws.

SEC. 5. Lead Agency. - The Bureau of Fisheries and Aquatic Resources
(BFAR) of the Department of Agriculture (DA) shall be the lead agency in the
implementation of this Act.

In coordination with the Department of Environment and Natural Resources
(DENR), the BFAR shall issue the necessary order to list all sharks and rays as
endangered species, The Department of Tourism (DOT) and the Philippine
Commission on Sports Scuba Diving (PCSSD) shall provide the necessary assistance
to the BFAR, the DENR and the local government units (LGUs) in identifying the
habitats and feeding grounds of sharks and rays and declare the same as protected.


Following the identification of the habitats and feeding grounds of these
marine species, the BFAR shall recommend to the Secretary of the DENR the
issuance of an order declaring these areas as protected areas and pursuant thereto,

ensure that all LGUs and the media, among others, are properly informed.

SEC. 6. Information and Education. - The BFAR, the DENR, the DOT, the
DTI, LGUs and other State academic institutions shall undertake a nationwide
information and education campaign to adequately inform the populace of the value
of sharks and rays in the marine ecosystem, and of the importance of preserving
their respective habitats and feeding grounds.

SEC. 7. Implementing Rules and Regulations. - The BFAR shall, in
coordination with the DENR, the DOT, and the DTI, develop and issue the necessary
rules and regulations for the effective implementation of this Act.

SEC. 8. Separability Clause. - if any provision or part of this Act is
declared invalid or unconstitutional, such declaration shall not affect the validity of
the remaining provisions of this Act.

SEC. 9. Repealing Clause. - All laws, rules, and regulations, presidential
decrees, letters of instruction and other presidential issuances which are
incompatible or inconsistent with the provisions of this Act are hereby repealed
amended, or modified accordingly.

SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general circulation. It shall
also be published online, through the Official Gazette Online
(www.officialgazette.gov.ph), and through the website of the Department of
Environment and Natural Resources (www.denr.gov.ph).

Approved,