SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
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SENATE 
S.B. No.~36 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
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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 
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." 
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 I 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 t~ ensure that the survival of wild 
animals and plants are notthreatened 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 alsCl declares it the policy of the State to achieve, 
, Conservation, protection and sustained management of the country's fishery and 
aquatic resources. While E.O. 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, their 
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. 
For these considerations, the passage of this bill is earnestly sought. 
~~ 
C:-LO~DA 
Senator 


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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S.B. No.5..3J) 
, Introduced by Senator Loren Legarda 
, 
, 
AN ACT 
BANNING THE CATCHING, SALE, 
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i 
PURCHASE, POSSESSION, TRANSPORTATION, IMPORT A TION 
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 Bureau of Fisheries and Aquatic Resources (BFAR) 
and the Department of Environment and Natural Resources (DENR) shall take steps 
to issue the necessary orders to list all sharks and tays 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. ' 
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To eliminate the demand that results in the massive,killing of sljarks, 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 
restaurants and promulgate rules and regulations 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 university-based academic and research institutions (e.g. UP 
Marine Science Institute, Silliman University. Marine Laboratory) and others shall 
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undertake a nationwide information and education campaign on 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. 
Section 5. Penal Provisions.- Whoever violates this Act or any rules and 
regulations issued by the Department pursuant to this Act shall be fined in the 
amount of not less than Five thousand pesos (PhP5,OOO) nor more than Five hundred 
thousand pesos (PhP500,OOO), or imprisonment 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. . 
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Section .6. Repealing Clause. - 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. 
Section 7. Separability Clause. - 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. 
Section 8. Effectivity. - This Act shall take effect fifteen (15) days following 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
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