FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
s.No.1798 
10 Jll21 P453 
Introduced by Senator Miriam Defensor Santiago 
\j 
EXPLANATORY NOTE 
Dolphins refer to any of several chiefly marine, cetacean mammals of the family 
Delphinidae which have fishlike body, numerous teeth, and the front of the head 
elongated into a beaklike projection. Some dolphin species face an uncertain future from 
accidental fishing, pollution or accidental contact with fishing vessels. 
Various fishing methods, most particularly purse seine fishing for tuna and the 
use of drift and gill nets, unintentionally kill a large number of dolphins. In some parts of 
the world, such as Taiji in Japan, dolphins are traditionally considered as food. However, 
Tetsuya Endo, a professor at the Health Sciences University of Hokkaido found that 
Dolphin meat is high in mercury. Professor Endo, one of the world's foremost authorities 
on mercury levels in dolphins and whales caught off Japan's coastal waters, has 
discovered that those who eat the meat sold in local stores have extremely high mercury 
concentrations in their bodies. 1 The "dolphin safe" seal has been adopted by Tuna 
companies to assure the public that they do not contribute to the decimation of dolphins. 
This bill seeks to protect this endangered animal by providing consumers with an 
informed choice as to whether the companies from which they purchase their tuna do 
their share in conserving the dolphin population? 
~'-
,A ,k.vt~ .~ fir 
.NIl MIRIAM D~'ll'SOR Sj(~1'I1'v 
I http://search.japantimes.co.jp/cgi-bininn20090923f2.html 
2 This bill was Originally filed 111 the third regular seSSlOn of the 14'h Congress. 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~lll 
S. No . .L/98 
10 JUt 21 P4 S3 
r 
IFl1"Cf'Ni"O rr,' ':,_,i.:"'-,,~ 
,j 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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PROTECTING DOLPHINS BY INFORMING CONSUMERS OF THE ORIGIN OF 
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TUNA PRODUCTS 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Short Title. - This Act shall be referred to as the "Dolphin 
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Protection Consumer InfOimation Act." 
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SECTION 2. Definitions. -
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(a) 
The term "driftnet" means a gillnet composed of a panel of plastic 
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webbing one and one-half miles or more in length; 
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(b) 
The term "driftnet fishing" means a fish-harvesting method in which a 
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driftnet is placed in water and allowed to drift with the currents and winds for the purpose 
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of entangling fish in the webbing; 
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(c) 
The term "purse seine net" shall refer to a fishing method that uses a rope 
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that passes through rings, and when pulled, draws the rings close to one another, 
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preventing the fish from swimming down to escape the net; 
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(d) 
The tenn "label" shall refer to a display of written, printed, or graphic 
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matter on or affixed to the immediate container of any article; 
• 
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(e) 
The term "Secretary" shall refer to the Secretary of the Department of 
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Trade and Industry; 
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(f) 
The term "tuna product" means a food item which contains tuna and 
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which has been processed for retail sale, except perishable sandwiches, salads, or other 
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products with a shelf life of less than 3 days. 
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SECTION 3. Labeling standard. -
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(a) 
It shall be unlawful for any producer, importer, exporter, distributor, or 
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seller of any tuna product that is exported from or offered for sale in the Philippines to 
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include on the label of that product the term "dolphin safe" or any other term or symbol 
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that falsely claims or suggests that the tuna contained in the product were harvested using 
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a method of fishing (hat is not harmful (0 dolphins if the product contains tuna 
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harvested-
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(1) on the high seas by a vessel engaged in driftnet fishing; 
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(2) outside the Eastern tropical Pacific Ocean by a vessel using purse seine nets in 
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a fishery in which the Secretary has determined that a regular and significant 
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association occurs between dolphins and tuna (similar to the association 
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between dolphins and tunq in the Eastern tropical Pacific Ocean), unless such 
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product is accompanied by a written statement, executed by the captain of the 
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vessel and an observer participating in a national or international program 
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acceptable to the Secretary, certifying that no purse seine net was intentionally 
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deployed on or used to encircle dolphins during the particular voyage on 
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which the (una were caught and no dolphins were killed or seriously injured in 
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the sets in which the tuna were caught; or in any other fishery unless the 
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product is accompanied by a written statement executed by the captain of the 
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vessel certifying that no purse seine net was intentionally deployed on or used 
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to encircle dolphins during the particular voyage on which the tuna was 
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harvested; 
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(b) 
For purposes of this Act, a tuna product that contains tuna harvested in the 
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Eastern tropical Pacific Ocean by a vessel using purse seine nets is dolphin safe if-
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(1) the vessel is of a type and size that the Secretary has determined, consistent 
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with the International Dolphin Conservation Program, is not capable of 
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deploying its purse seine nets on or to encircle dolphins; or 
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(2) lhe product is accompanied by a written statement executed by the captain 
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providing the certification.required under this Act; 
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(c) 
The Secretary of Commerce shall develop an official mark that may be 
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used to label tuna products as dolphin safe in accordance with this Act; 
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(d) 
A tuna product thai bears the dolphin safe mark developed under 
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subparagraph (c) shall not bear any other label or mark that refers to dolphins, porpoises, 
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or marine mammals; 
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(e) 
It is a violation of this Acl to label a tuna product with any label or mark 
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that refers to dolphins, porpoises, or marine mammals other than the mark developed 
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under subparagraph (c) unless-
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(1) no dolphins were killed or seriollsly injured 111 the sets or other gear 
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deployments in which the tLlna were caught; 
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(2) the label complies with all applicable labeling, marketing, and advertising 
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laws and regulations of the Department of Trade and Industry, including any 
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guidelines for environmenlallabeling. 
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SECTION 4. Implementing' rules and regulations. -
The Secretary, in 
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consultation with the Secretary or Environment and Natural Resources, shall issue 
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regulations to implement this Act, including regulations to establish a domestic tracking 
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and verification program that provides for the effective tracking of tuna labeled under this 
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Act. In the development of these regulations, the Secretary shall establish appropriate 
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procedures for ensuring the confic1enti.tlily or proprietary information the submission of 
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which is voluntary or mandatory. 
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SECTION 5. Penalty for nOIl-obsel'vance. - The Secretary can impose a fine 
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ranging fr0111 FIFTY THOUSAND PESOS (P50,OOO.OO) to FIVE HUNDRED 
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THOUSAND PESOS (P500,OOOO.OO) for failure to comply with the requirements of this 
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Act. 
, ., 


SECTION 6. Separability Clause. - If any part or provision of this Act is held 
2 
invalid or unconstitutional, the other paris or provisions thereof shall remain valid and 
3 
effective. 
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SECTION 7. Repealing Clause. - All laws, decrees, orders, proclamations, rules 
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and regulations or parts thereof, inconsi,;lcnt with the provisions of this Act are hereby 
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repealed, amended or modified accordingly. 
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SECTION 8. EjJectivity Clause. - This Act shall take effect fifteen (15) days 
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from its publication in at least two (2) newspapers of general circulation. 
Approved, 
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