Republic of the Philippines

House of Representatives DECEIVED
Quezon City vp AUG 0 5 2019
Eighteenth Congress
First Regular Session

House Bill No. 3395

Introduced by Representatives
ESTRELLITA B. SUANSING AND HORACIO P. SUANSING, JR.

EXPLANATORY NOTE

Marine mammal populations are distributed throughout the world’s
oceans. Their protection and conservation therefore requires a concerted
global action.

As predators on top of the food chain, marine mammals play an
important role in ensuring the health and balance of the ocean ecosystems.
‘The contribution of marine mammals in sustaining our ocean’s ecosystem in
turn contributes to the well-being of humanity considering the importance of
a balanced and healthy ecosystem to human survival.

Globally, marine mammals face threats from human activities including
by-catch from large-scale fishing activities, collision with vessels, depletion of
food stocks, hunting and illegal trade, oceanic pollution, habitat destruction
and climate change. As a signatory to the Conservation of Migratory Species
(CMS) and the Convention on the International Trade in Endangered Species
(CITES), it is the Philippine Government's task to protect marine mammals
within, outside, and those transiting its territory.

According to the Red List Status of Marine Mammals in the Philippines,
a report from the country’s top marine mammal scientists, the status of the
populations of most marine mammals in the country is ‘data deficient.’ This
means that the different marine mammal populations in the Philippines
cannot be evaluated due to insufficient information about their status in the
wild. For the populations evaluated, two populations were identified as
critically endangered (dugong and the Malampaya Sound Irrawaddy dolphin,
one endangered (Irrawaddy dolphin in the Visayas), and four vulnerable
(humpback whale, Fraser’s dolphin, sperm whale, and the Gray’s spinner
dolphin).


All resident marine mammals or those transiting through the Philippine
territory are part of the natural resources of the country. The protection and
conservation of these wildlife is necessary for the education, appreciation, and
benefit of the Filipino people, and the generations yet to come.

It is therefore important for the Philippine government to support
scientific studies that assess the current marine mammal populations in the
Philippines with the aim of conserving local populations.

‘There are several laws which seek to protect marine mammals/wildlife
in the country. These are:

(a) Fisheries Administrative Order 185, s. 1992 (FAO 185) and Fisheries
Administrative Order185-1 s. 1997 (FAO 185-1) which bans the taking
or catching, selling, purchasing and possessing, transporting, and
exporting of dolphins and whale species;

(b) The Animal Welfare Act or RA 8485 bans animal cruelty in the country
and makes it illegal for anyone to torture or provide inadequate care for
any animal; and

(c) The Wildlife Resources Conservation and Protection Act of the
Philippines or RA 9147 aims, in part, to: “(c) to pursue, with due regard
to the national interest, the Philippine commitment to international
conventions, protection of wildlife and their habitats”.

Despite these laws, however, there are still documented direct takes of
dolphins as well as import and export of wild dolphins from inhumane and
unsustainable sources that violate existing local laws and international
conventions. Some of these are the following:
(a) Local dolphins are being captured for display and human interaction in
Misamis Occidental without appropriate permits in violation of the FAO
185 and 185-1 and the Animal Welfare Act (RA 8485);

(b) In January 2001, five false killer whales caught in Japan were imported
into the country. A sixth one died before it could be exported in the
country. Today only one of these animals survives in the Philippines.

In 2004, another 4 bottlenose dolphins caught in Japan were
again imported into the country. Only three of these dolphins remain
alive today. In 2009, another 4 bottlenose dolphins came into the
country from Japan.

All these animals come from what is now known as the Japanese
drive hunts. In these hunts, pods of dolphins are driven to shallow
waters. After marine parks have selected animals they will buy for the


dolphin-show industry, the rest of the animals are brutally and
indiscriminately killed. This practice has been criticized all over the
world for its inhumane nature. The 2010 Oscar-winning documentary,
‘The Cove’ clearly documented the conduct of the hunts.

The World Association of Zoos and Aquariums (WAZA) issued a
policy statement condemning the Japanese dolphin hunts as
inhumane. A similar policy statement was made by the Alliance of
Marine Mammal Parks and Aquariums (AMMPA).

In the Philippines, any cruel or inhumane act against any animal
is a criminal offense under the Animal Welfare Act or RA 8485.

(c) On December 2008, January 2009, and January 2011, the Philippines
imported a total of 25 bottlenose dolphins caught in the wild from the
Solomon Islands. These dolphins were imported into the country
despite the scientific opinion of the International Union for the
Conservation of Nature (IUCN) that the export of the dolphins from the
Solomon Islands does not have a credible Non-Detriment Finding (NDF).
A Non-Detriment Finding is a determination by a credible Scientific
Authority of the exporting state that the export will not be detrimental
to the survival of that species in the wild. Given the lack of a Non-
Detriment Finding, the CITES Scientific Authorities in the Philippines
such as the Silliman University and the National Museum supported
the ban on the import of dolphins until such time that a credible Non-
Detriment Finding from the exporting state is forwarded.

Despite the lack of a credible NDF, the country imported a total
of 25 dolphins and subsequently re-exported them in 2012 wherein one
dolphin died enroute to Singapore. This issue is a subject of an on-going
case for the violation of the Wildlife Act (RA 9147) which was filed by
animal welfare and environmental groups led by the Earth Island
Institute-Philippines (EII-Phils), the Philippine Animal Welfare Society
(PAWS) and the Compassion and Responsibility for Animals (CARA).

Given the legal, humane and sustainability issues raised herein, there
is a need to craft a law which would clearly state the Philippine Government’s
policy in protecting marine mammals in the country as well as to strengthen
its commitments in the global conservation effort of marine mammals.

This bill provides for the creation of a body that would promote the
protection of marine mammals in order to ensure a healthy and balanced
ecosystem in the country. It also provides for the prohibition of certain acts


which would go against efforts by government and the people in protecting
marine mammals especially those who are endangered.

In view of the foregoing, the immediate passage of this bill is earnestly
sought. :

ING REP. eater SUANSING, JR.

2nd District, Sultan Kudarat

REP.
1s District, Nueva Ecij


Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

3395
House Bill No.

Introduced by Representatives
ESTRELLITA B. SUANSING AND HORACIO P. SUANSING, JR.

AN ACT
TO PROTECT MARINE MAMMALS AND ENSURE THEIR SURVIVAL FOR
THE BENEFIT OF FUTURE GENERATIONS

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

SECTION 1. Short Title. — This Act shall be known as the “Marine Mammal
Protection Act.”

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the
State to:

(a) Promote conservation of all marine mammals by encouraging and
supporting research of wildlife populations in the Philippines. The State
shall partner with local community organizations, academic and
scientific institutions in studying and assessing the marine mammal
populations of the Philippines in order to form a database that will
support conservation programs of wild populations. Marine mammal
species belonging to the Taxonomic Orders Carnivora, Cetartiodactyla
and Sirenia are covered by this Act.

(b) Support the creation of Marine Protected Areas and Networks and
Marine Corridors, based on the latest scientific information, that shall
seek to protect wild populations from heavy industries such as offshore
drilling, seismic tests and such other activities on known migration
routes, feeding and mating habitats. The State shall involve local
communities in the protection and conservation of the marine
ecosystem through education and training programs.

() Promote responsible community-based whale and dolphin-watching
tours in the wild that shall contribute to public education and enhance
the local economy. Protocols in the proper conduct of whale and


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(a)

dolphin-watching tours shall be drafted by the, Biodiversity
Management Bureau of the Department of Environment and Natural
Resources (BMB-DENR), Bureau of Fisheries and Aquatic Resources of
the Department of Agriculture (BFAR-DA) and Department of Tourism
(DOT) to protect wild populations from being disturbed by tourism
activities. Such protocols will be periodically modified based on the
latest scientific information.

Promote the welfare of all marine mammals by protecting all known
habitats and ensuring that wild marine mammal populations in the
Philippines as well as captive animals are not subjected to any distress,
injury or death arising from human activities and that these animals be
allowed to live in their habitat and conform to their natural behaviors.

SECTION 3. Definition of Terms. —

(a)

(b)

()

(a)

)

(
(8)
(h)
(i)

Animal - For the purposes of this act, ‘animal(s)’ will refer to marine
mammal(s).

Captive-bred — Refers to animals that are the offspring of animals
which were themselves born in captivity and is also referred to a F2
Generation. If either of the individual's parents were wild when they
were caught, the offspring is regarded as 'captive-reared’, rather than
‘captive-bred'.

Captive breeding - is the process of breeding animals in human-
controlled environments with restricted settings, such as wildlife
reserves, zoos and other conservation facilities. Captive breeding for
marine mammals should be established in a manner not detrimental
to the survival of the species in the wild and must be maintained
without addition of animals from the wild. Captive breeding facilities
must be managed in a manner that has been demonstrated to be
capable of reliably producing second-generation offspring (F2) in a
controlled environment.

CITES - Convention on International Trade in Endangered Species of
Wild Fauna and Flora. This was ratified by the Philippines on August
18, 1981 and entered into force on November 16, 1981. In 2001 the
Philippines enacted the enabling law for its CITES commitment
resulting in Republic Act No. 9147 or the Wildlife Resources
Conservation and Protection Act.

Commercial purposes ~ To use in any profit-oriented activity; to use
for commerce or trade.

Export - means to send or ship out of the country.

F2 Generation — see Captive-bred.

Import ~ means to send or ship into the country.

Live - An animal that is living and in apparent good health.

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Marine Corridor — are geographical features that are used by mobile
species for migration between feeding and mating areas.

Marine Mammals - Any mammal species that lives in salt water
and/or derives its food from a saltwater environment. Marine
Mammals represents three different mammalian groups: those
belonging to the Order Carnivora (polar bears, sea otters, seals, sea
lions, and walruses), Order Cetartiodactyla (ceataceans), and Order
Sirenia (manatees and dugongs).

Marine Protected Areas (MPA) and MPA Networks — A clearly defined
geographical space, recognized, dedicated and managed, through
legal or other effective means, to achieve the long-term conservation
of nature with associated ecosystem services and cultural values.
Possess — means to have actual or constructive possession or control
thereof.

Purchase ~ means to buy and includes agreeing or offering to buy.
Purse seine fishing ~ A fishing technique used to catch large pelagic
fish like tuna by a net that hangs vertically in the water with its
bottom edge held down by weights and its top edge buoyed by floats.
Rehabilitation — Wildlife Rehabilitation is the process of removing the
animal from the wild to provide professional care to sick, injured, and
orphaned animals using methods to prepare them to ultimately
return to their natural habitat.

Release - To return the marine mammal to its natural habitat.
Rescue ~ To take any marine mammal immediately out of danger.
Scientific Authorities - for the purpose of this bill, it shall refer to
scientific authorities for marine and aquatic species as designated by
the Wildlife Resources Conservation and Protection Act (RA 9147)
such as the Bureau of Fisheries and Aquatic Resources (BFAR), the
U.P. Marine Science Institute, U.P. Visayas, Silliman University and
National Museum.

Selling — includes barter, exchange or offering or exposing for sale.
Take or catch- includes the killing, capturing, trapping, snaring and
netting of marine mammals.

Trade - To barter, exchange or sale in any commercial, profit-oriented
activity.

Wild - Any animal that was born and is living or growing in the
natural environment. Any animal that is not domesticated or
cultivated or captive-bred.

SECTION 4. Prohibited Acts. — It shall be unlawful to:


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(a) Intentionally take or catch marine mammals in Philippine waters or to
sell, purchase, possess, transport, import or export and trade the same
whether dead or alive, in any state or form whether raw or processed.

(b) Intentionally deploy purse-seine nets or any fishing gear on or to
encircle marine mammals in fishing operations or to intentionally
wound and kill any marine mammals in the course of catching fish.

() Take any stranded or rescued live marine mammal for trade or other
commercial purposes, including for display or exhibition, while being
rehabilitated. All rehabilitated marine mammals shall be immediately
released to the wild. Monitoring will be done by BMB-DENR with the
MMPCC.

(d) Import and export live, wild, marine mammals including rescued or
rehabilitated animals.

(1) The import/export of parts or tissues of deceased animals may
be allowed for research purposes of reputable universities and
scientific institutions. All applications to import/export such
marine mammal parts for research purposes will be reviewed and
evaluated by the BMB-DENR, BFAR-DA and the Scientific
Authorities.

(2) Only live, captive-bred marine mammals of the second generation
(F2 generation) from reputable aquariums will be allowed for
import and/or export in the country, subject to compliance with
existing laws such as the Wildlife Resources Conservation and
Protection Act (RA9147), the Animal Welfare Act (RA 8485), and
the assessment and evaluation of the BMB-DENR, BFAR- DA and
Scientific Authorities.

SECTION 5. Creation of the Marine Mammal Protection And
Conservation Committee (MMPCC). - A marine mammal protection body
called the Marine Mammal Protection and Conservation Committee (MMPCC)
shall be established headed by the BMB-DENR and composed of one (1)
representative each from: the Bureau of Fisheries and Aquatic Resources, the
Scientific Authorities such as the Silliman University, UP Marine Science
Institute, UP Visayas, and National Museum, reputable scientists and marine
mammal experts, and representatives from concerned nongovernment
environmental and animal welfare organizations. The Silliman University
shall chair the MMPCC scientific authorities.

SECTION 6. Functions of the Marine Mammal Protection and

Conservation Committee. - The MMPCC shall have the following functions:

(a) Develop and coordinate research programs for marine mammals in the
Philippines;


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(b) Develop manuals and protocols for the rescue of stranded animals;

(c) Develop manuals and guidelines for dolphin and whale-watching tours;

(d) Undertake technical assessments of rescued, stranded or rehabilitated
marine mammals;

(c) Help develop the capacity of government offices to address marine
mammal issues in the Philippines through training; and

() Help develop educational and training programs for local communities,
concerned organizations and other stakeholders.

SECTION 7. Rescue. - All rescue efforts in response to strandings must
provide quick and effective action that will best serve the well-being of the
animal in distress and not to add further stress. All rescue efforts must have
the objective of releasing marine mammals back in the wild to again be a
viable part of the wild population. All stranded marine mammals shall be
released immediately to the wild if healthy and alive. The disposition of sick
or injured marine mammals will be the responsibility of the BMB- DENR, in
accordance to the Protocols in the proper rescue, rehabilitation and release of
marine mammals as promulgated by the MMPCC. Dead marine mammals
that are washed to the seashore shall be surrendered to the nearest BMB-
DENR office for proper disposition.

SECTION 8. Rehabilitation. — Rehabilitation of marine mammals is an option
only if there is a high probability that the animal can be restored to health
and released back in the wild. Rehabilitation is subject to:

(a) Availability of facilities and/or equipment for the species and number
of animals involved;

(b) Safe and expeditious transport of the animal that is manageable and
poses no major risk to others or to facility staff;

(c) If there are sufficient funds and staff to provide care for a short and
reasonable period;

(d) The disposition of any rehabilitated animal that is not suitable for
release will be determined by the scientific authorities and the MMPCC
for recommendation to the BMB-DENR;

(e) Stranded and severely injured animals that are beyond rehabilitation
may be euthanized on site only by authorized and_ licensed
veterinarians if facilities and equipment are available.

SECTION 9. Penalty. - Any violation described in Section 4 of this Act shall
be penalized with imprisonment from six (6) months to six (6) years or a fine
of at least One Hundred and Twenty Thousand Pesos (P120,000.00) but not
more than Three Hundred Thousand Pesos (P300,000.00) or both at the

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discretion of the court, including forfeiture of the catch subject of the offense
and cancellation of his fishing and/or business permit, if applicable.

If any of the offenses is committed by or has been caused by a
corporation or association, the president and each one of its agents or
representatives in the Philippines in case of a foreign corporation or
association, who shall have knowingly permitted or failed to prevent the
commission of such offense, shall be held liable as principals thereof.

SECTION 10. Implementing Rules and Regulations. - Within six (6) months
following the effectivity of this Act, the Secretaries of the DENR and the DA,
in consultation with Scientific and Management Authorities, shall promulgate
the implementing rules and regulations for the effective implementation of
this Act. The commitments of the State to international agreements and
protocols shall guide the drafting of the implementing rules and regulations.

SECTION 11. Appropriations. - The amount necessary for the
implementation of this Act shall be charged from the appropriations of the
DENR under the annual General Appropriations Act.

SECTION 12. Separability Clause. ~ If any provision of this Act is declared
invalid or unconstitutional, the other provisions not affected thereby shall
continue to be in full force and effect.

SECTION 13. Repealing Clause. — The provisions of Fisheries Administrative
Order FAO 185, 185-1, FAO 223, FAO 223-1, and other laws, orders and
regulations inconsistent herewith are hereby repealed or amended
accordingly.

SECTION 14. Effectivity. - This Act shall take effect fifteen (15) days after
publication in the Official Gazette or two (2) newspapers of general circulation.

Approved,