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FIFTEENTH CONGRESS OF THE ) /
REPUBLIC OF THE PHILIPPINES )
Second Regular Session ) y

\*
HOUSE of REPRESENTATIVES
House Bill No. —

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

EXPLANATORY NOTE

The passage of Republic Act No. 8550, otherwise known as “The
Philippine Fisheries Code of 1998” set in place a holistic in the protection
and uplifting of marine life and its environ. The law has indeed
inculcated positive concern and watch among law enforcers tasked to
guard the country’s high seas. This is a good indication to initiate
sustainable development in the countryside.

However, some of the provisions of the Fisheries Code of 1998 were
written in general terms, which presents a vague coverage on the
protection of different marine life which are endangered or are already in
danger of extinction, particularly the whale sharks and the manta rays.

The Bureau of Fisheries and Aquatic Resources through its
Director issued Fisheries Administrative Order No.193 putting a ban on
the taking or catching, selling, purchasing and possessing, transporting
and exporting of Whale Sharks and Manta Rays. To further strengthen
and to put more “teeth” on the said protection for the whale sharks and
the manta rays, it is proper to make said Administrative Order into a law
and increase the corresponding penalty to any violation of the same in
order that its enforcement will be more effective and operative.

With the foregoing, the passage of this bill is earnestly sought.

MA. THERESA BONOAN-DAVID

4th District, City of Manila


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )}
Second Regular Session it

HOUSE of REPRESENTATIVES

House Bill No. 5905

Introduced by: MA. THERESA B. BONOAN-DAVID
4h District, City of Manila

AN ACT FOR THE PROTECTION AND CONSERVATION OF
WHALE SHARKS AND MANTA RAYS IN PHILIPPINE WATERS

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

SECTION 1. Definition of Terms. — As used in this Act, the terms herein
shall be construed as follows:

a) Whale shark — a large elasmobranch of the family
Rhincodontidae, of the species Rhincodon typus
characterized externally by a broad, flattened head, a
very large and nearly terminal mouth, very large gill
slits, three prominent longitudinal ridges on its upper
flanks, a large first dorsal fin, a semi-lunate caudal
fin and a unique “checkerboard” pattern of light
spots and stripes on a dark background

b) Manta Rays - a large elasmobranch of the family
Mobulidae, synonymous with the giant Atlantic
manta (Manta birostris).

c) Take or catch - includes the killing, capturing,
trapping, snaring and netting of whale shark and
manta rays.

d) Sell - includes barter, exchange, or offering or
exposing for sale.

e) Possess — means to have actual or constructive
possession or control thereof.

f) Transport — means to carry or move or cause to be
carried or moved.

g) Export — means to send or ship out of the country.


SECTION 2. Prohibited Acts. —

(1) It shall be unlawful to take or catch whale shark and manta rays in
Philippine waters.

(2)It shall be unlawful to sell, purchase, possess, transport, or export
the same whether dead or alive, in any state or form whether raw
or processed.

(3)It shall likewise, be unlawful to wound or to kill whale shark and
manta rays in the course of catching other species of fish. Whale
shark and manta rays which are accidentally included in the catch
by any gear shall immediately be released unharmed in the sea;
otherwise the liability shall be deemed to still exist.

Dead whale shark and manta rays which are drifted to the
seashore shall be surrendered to the nearest Department of
Agriculture (DA) Regional Field Unit or Bureau of Fisheries
Regional or Provincial Fishery Office, as the case may be for proper
disposition.

SECTION 3. Issuance of Permit to Conduct Research and/or Collect
Specimens for Research/Scientific Purposes. - The Secretary or his duly
appointed representative, upon the recommendation of the Director of
the Bureau of Fisheries and Aquatic Resources (BFAR), may issue a
Special Permit in favor of any government or private institution engaged
in purely research work on whale shark and manta rays, subject to such
terms and conditions as the Department of Agriculture Secretary may
deem wise to impose.

SECTION 4. Penalty. — Violation of this Act shall subject the offender to a
fine of not less than twenty thousand (Php20,000.00) pesos to not more
than One hundred thousand (Php100,000.00) pesos or imprisonment
from six (6) months to four (4) years, or both such fine and imprisonment
depending on the discretion of the court: Provided, That the Director of
Fisheries and Aquatic Resources is hereby empowered to impose upon
the offender an administrative fine not more than fifty thousand
(P50,000.00) pesos or to cancel his permit or license or to impose such
fine and to cancel his permit or license at his discretion including the
confiscation of the whale shark and/or manta rays for proper
disposition/documentation of the government.

SECTION 5. Rules and Regulations. - The Director and the different
heads of the department of the Bureau of Fisheries and Aquatic
Resources (BFAR), shall formulate within one hundred (100) days the
rules and regulations necessary to implement this Act.


SECTION 6. Separability Clause. - If any provision of this Act is declared
invalid, the remainder or any of the provisions hereof not affected thereby
shall remain in force and effect.

SECTION 7. Repealing Clause. - All laws, decrees, executive orders,
presidential issuances and other administrative rules and regulations or
parts thereof which are inconsistent with this Act are hereby repealed,
amended or modified accordingly.

circulation.

Approved.