VA
¥ received

CONGRESS OF THE PHILIPPINES
SIXTEENTH CONGRESS
First Regular Session

HOUSE OF REPRESENTATIVES
House Bill No..

Introduced by Representative
GLORIA MACAPAGAL ARROYO

EXPLANATORY NOTE

The Philippines is rich in marine biodiversity, having about two-thirds of the
known marine species of the Pacific in its coastal waters. As such, it has emerged
as a prime attraction of the diving industry and the scientific community. The
presence of interesting marine species such as sharks and rays has also
significantly contributed to the promotion of Philippine ecotourism. These
predators of the sea help maintain the ecological balance of the marine
environment.

Over the years, however, these marine species are in danger of
disappearing from our waters. Sharks and rays population declined over the years
due to over fishing, human consumption, habitat destruction, pollution due to
mercury poisoning and the impact of climate change on the marine environment.

Sharks and rays are particularly vulnerable because they grow slowly and
live as long as 100 years. Their relatively low reproductive rates and low natural
mortality give them little chance to recover. They are thus prone to eventually
disappear. It is also important to note that the human appetite for sharks fin soup
and meat has led to the collapse of the shark population.

This bill seeks to conserve and protect the sharks and rays and their
habitats from the threat of disappearance from the Philippine seas. It also
recommends that the different government agencies and Local Government Units
undertake a nationwide information and education campaign to make Filipinos
understand the value of sharks and rays and work together to prevent these
species from becoming extinct.

Approval of this bill is earnestly sought.

cuondAxcnoneat ARROYO

Second District, Pampanga


CONGRESS OF THE PHILIPPINES
SIXTEENTH CONGRESS
First Regular Session

HOUSE OF as
House Bill No..

Introduced by Representative
GLORIA MACAPAGAL ARROYO

AN ACT BANNING THE CATCHING, SALE, PURCHASE, POSSESSION,
TRANSPORTATION AND EXPORTATION OF ALL SHARKS AND RAYS IN THE
COUNTRY AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as the “Sharks and Rays
Conservation Act of 2013.”

SEC. 2. Declaration of Policy. - It is the declared policy of the State to
conserve, protect and sustain the management of the country’s sharks and rays
population to promote ecological balance and marine biodiversity, and to ensure
and secure the well-being of present and future generation of Filipinos.

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms
are hereby defined:

(a) “Shark” refers to heavy predaceous fishes which do not possess lungs
and swim bladders; their skeleton is made of cartilage rather than bone and they
keep moving in order to breathe and to stay afloat;

(b) “Rays” means cartilaginous fishes having horizontally flattened bodies
and enlarged wing like pectoral fins with gills on the other side;

(c) “Marine Biodiversity” refers to all biological life in coastal and ocean
environment;

(d) “Conservation” means preservation and sustainable utilization of
wildlife and or maintenance, restoration and enhancement of the habitat;


(e) “Protection” refers to the act of protecting from loss; or to shield or
shelter;

(f) “Habitat” means place or environment where species or sub species
naturally occurs or has naturally established its population;

(g) “Trade” means the act of engaging in the exchange, exportation or
importation, purchase or sale of wildlife, their derivatives or by-products locally or
internationally;

(h) “Endangered species” refers to the species that are at risk of extinction
because of a sudden rapid decrease in its population or a loss of its critical
habitat;

SEC. 4. Prohibition. - It shall be unlawful for any person or corporation to
willfully and knowingly exploit sharks and rays and their habitats 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 to kill sharks and rays in
the course of catching other species of fish. Sharks and rays which are accidentally
included in the catch shall be immediately released unharmed in the sea.
Dumping of waste products detrimental to species shall also be prohibited.

SEC. 5. Illegal Acts. — It shall be unlawful for any person to willfully and
knowingly exploit sharks and rays, their by-products, and their habitats, or
undertake the following acts:

(a) killing, destroying or inflicting injury on sharks and rays

(b) sale, purchase and possession of sharks and rays, and their by-products
(c) transporting and exporting of sharks and rays, and their by-products
(d) destroying their habitats

SEC. 6. Penalties for Violations of Act. - For any person who undertakes
illegal acts under the immediately preceding section, the following penalties
and/or fines shall be imposed:

(a) killing, destroying or inflicting injury on sharks and rays — imprisonment
of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine of
One hundred thousand pesos (P100,000.00) to One million pesos (P1,000,000.00)

(b) sale, purchase and possession of sharks and rays, and their by-products
— imprisonment of a minimum of four (4) years and one (1) day to twelve (12)


years and/or a fine of Fifty thousand pesos (P50,000.00) to Five hundred pesos
(P500,000.00)

(c) transporting and exporting of sharks and rays, and their by-products —
imprisonment of a minimum of two (2) years and one (1) day to twelve (12) years
and/or a fine of Thirty thousand pesos (P30,000.00) to Three hundred thousand
pesos (P300,000.00)

(d) destroying their habitats — imprisonment of a minimum of one (1) year
and one (1) day to twelve (12) years and/or a fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos (P200,000.00)

Provided further, That if the violation is committed by a juridical person or
government entity, their offices shall be held liable without prejudice to any
further liability for violation of any provision of other applicable laws.

SEC. 7. Lead Agency. - The Department of Environment and Natural
Resources (DENR) and the Bureau of Fisheries and Aquatic Resources (BFAR) shall
take steps to issue the necessary orders to list all sharks and rays as endangered
species. The Department of Tourism (DOT) and the Philippine Council for Sports
Scuba Diving shall also coordinate with the DENR, BFAR and the Local
Government Units (LGUs) to identify habitats and feeding grounds and sharks and
rays and declare the same as protected tourism estates. Upon the identification
of these areas, they shall be promoted to restorative ecotourism.

To eliminate the demand that result in the massive killing of sharks and
rays, selling and serving of sharks’ fin soup and all menus with shark and ray by-
products shall be prohibited. The Department of Trade and Industry (DTI) shall
prepare a phase out plan for serving of sharks’ fin soup and all menus with shark
and ray by-products in restaurants. The Philippine National Police (PNP) and other
law enforcing agencies and LGUs shall assist the DENR and other agencies in the
implementation of this bill.

SEC. 8. Information and Education. — The DENR, DOT, LGUs and other
academic institutions (e.g. UP Marine Science Institute, Siliman University Marine
Laboratory) shall undertake a nationwide information and education campaign to
make Filipinos understand the value of sharks and rays in the marine ecosystem
and to tourism.

SEC. 9. Implementing Rules and Regulations. - The DENR and the DOT, in
coordination with the DTI, shall issue, within sixty (60) days after the effectivity of
this Act, the rules and regulations for its effective implementation.


SEC. 10. Separability Clause. - If, for any reason, any section of provision
of this Act is held unconstitutional or invalid, the other sections or provisions
hereof shall not be affected thereby and shall continue to be in full force and
effect.

SEC. 11. Repealing Clause. - All laws, decrees, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SEC. 12. Effectivity Clause. - This Act shall take effect fifteen (15) days
from its publication in the Official Gazette or in at least two (2) national

newspapers of general circulation.

Approved,