Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House (Bill no. 8855

Introduced by Honorable Sherwin T. Gatchalian

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
human for their meat and fins. CNN and a conservation group called Shark
Savers states 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 convention for the protection off 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 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.0. 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,
its population has drastically declined over the years not only because of
environmental decline but more importantly, over fishing for human
consumption. As they produce 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.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3855

House ‘Bill no.

Introduced by Honorable 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 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 a
threat to human life and limb, whether 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.

SECTION 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 the 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 shark’s fin soup in restaurants and advise 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 of this Act.

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

SECTION 4. Assistance and Regular Reporting. The DOT and 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 the initiative.

SECTION 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 the competent court shall be fined an amount of not less than Five
Thousand Pesos (Php5,000.00) but not more than Five Hundred Thousand
Pesos (Php500,000.00), or imprisonment for one (1) year but not more than six
(6) years, or both, as determined by the court. The offender shall also be
required to compensate for the damage. Provided further, that the court shall
order the forfeiture of all shark and ray products collected, including all
equipments, devices and firearms used in connection therewith, in favor of the
government. If the offender is an association or a corporation, the president or
manager shall be directly responsible for the acts of his employees or laborers.


SECTION 6. Separability Clause.- Should any part of this Act be declared
invalid or unconstitutional, the rest of the provisions of this Act shall continue
to be in effect and subsisting.

SECTION 7. Repealing Clause. Any law, executive order, letter of
instruction, rules and regulations, circulars, issuances or any part thereof
inconsistent with any of the provision of this Act is hereby repealed, modified
or amended accordingly.

SECTION 8. Effectivity Clause. This Act shall take effect fifteen (15) days

after its publication in the official gazette or in at least two (2) newspapers of
general circulation.

Approved.