Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No.5513

Introduced by Representative Rex 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

EXPLANATORY NOTE

The Philippines is a global hotspot for shark and ray diversity with
approximately 200 species of sharks and rays inhabiting the Philippine waters. As
observed by Large Marine Vertebrates Research Institute Philippines, owing to their
nature to reproduce less, sharks and rays are highly vulnerable species. Worse,
according to the data of Greenpeace, about “100 million sharks are killed every year
by the fishing industry.” The shark population has also declined by 70% over the last
50 years.2

To comply with the constitutional mandate to “protect and advance the right
of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature,”> several legislations have been enacted including Republic Act
(RA) No 9147 or the “Wildlife Resources Conservation and Protection Act,” RA No.
8550 or the Fisheries Code, and Executive Order No. 578 which mandates the
protection and conservation of biodiversity, species, and genes. Despite the presence
of these laws in the Philippines, illegal shark and ray trade continues to rise.

Although sharks and rays have not been officially declared endangered, their
population has drastically declined over the years due to environmental decline and

* Large Marine Vertebrates Research Institute Philippines, Sharks, available at https://www.lamave.org/our-
programs /sharks (last visited on 04 October 2022).

will McCallum and Wenjing Pan, 100 Million Dead Sharks ~ it's not all about Shark Fin Soup, available at
https: // www.greenpeace.org/ international story /46967 / 100-million-dead-sharks-its-not-all-about-shark-fin-
soup/ (last visited on 04 October 2022).

91987 Const., Art. Il, §16.


over-fishing for human consumption. Based on the World Wildlife Fund Teport, the
‘otal value of shark and ray trade from 2012 to 2019 exceeds US$4.1 billion.+ As
they reproduce slowly, sharks and rays are in danger of becoming extinct if we do
not Proactively protect them. Through this proposed measure, we hope to conserve
the integrity of the Philippine marine ecosystem.

In view of the foregoing, approval of this bill j estly sought.

i, REX GATCHALIAN
Representative
* District, Valenzuela City

jeer Wide Fund for Nature, The Shark and Ray Meat Network (2021), available at

hutps://wwfeu.awsassets panda.org/downloads/a4_shark 2021 low.pdf (last visited on 04 October 2022).


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Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL no. 5513

REESE Gostcnns ee

Introduced by Representative Rex Gatchalian

Pees

AN ACT BANNING THE CATCHING, SALE, PURCHASE, POSSESSION,
TRANSPORTATION, IMPORTATION, AND EXPORTATION OF ALL SHARKS AND
RAYS OR ANY PART THEREOF IN THE COUNTRY

2 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 “Sharks and
Rays Conservation Act”.

SEC. 2. Declaration of Policy. - It is a declared policy of the State to
conserve, protect and sustain the management of the country’s fisheries and
aquatic resources, including sharks and rays. Towards this end, the State
shall adhere and promote the principle of conservation, management, and
exploitation of living coastal and fishery resources, especially sharks and rays
and their habitats, to assure the sustainable development of the coastal
environment and prevent their endangerment.

SEC. 3. Prohibited Acts. -It shall be unlawful to willfully and knowingly
catch, kill or keep captive sharks and rays in Philippine waters, or to sell,
purchase, possess, collect, transport, import, export, or re-export the same
in any state, condition or form, or any part thereof. It shall likewise be
unlawful to harass, disturb or hunt sharks and rays, and their habitats,

Unless there is a threat to human life and limb, it shall also be unlawful
to harm, wound or kill sharks and rays, even if done in the course of catching
other species of fish. Sharks and trays, which are accidentally included in the
catch shall be immediately released unharmed in the sea.

To eliminate the demand that results in the massive killing of sharks
and rays, the offering, selling, and serving of shark or ray meat, including
fins, by-products and derivatives, and cooked or uncooked food containing
or using shark or ray meat, fins, by-products and derivatives in its
Preparation or final product, in any market, restaurant, food stall or similar
establishments shall be prohibited. For this purpose, the Department of
Trade and Industry (DTI) shall prepare a phase-out plan for the offer, sale
and serving of food using shark or ray meat, including fins, by-products and


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derivatives in restaurants, food stalls and similar establishments, and advise
owners of these establishments on the matter.

It shall also be prohibited to falsely advertise or mislabel as to the
content or use of shark or ray meat, its fins, by-products and derivatives in
any product that could mislead consumers, shipping or forwarding
companies. Failure on the part of the shipping or forwarding company from
whose possession the shark or ray meat, fins, by-products or derivatives are

SEC. 4. Implementation. - The Department of Agriculture (DA), through
the Bureau of Fisheries and Aquatic Resources (BFAR), the Department of
Tourism (DOT), and the DTI, referred herein as “implementing agencies” shall
lead and coordinate in the implementation, enforcement, and monitoring of
compliance with the provisions of this Act. The Philippine Coast Guard, the
Philippine National Police (PNP), other law enforcement agencies, and local
government units (LGUs) shall likewise assist in the implementation of this
Act.

The DA, through the BFAR, and the Department of Environment and
Natural Resources (DENR) shall take steps to issue the necessary orders to
list all sharks and rays as endangered species.

The DOT and the Philippine Council for Sports Scuba Diving shall also
coordinate with the DENR, BFAR, and the LGUs 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.

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

SEC. 4. Assistance and Regular Reporting. ~The implementing agencies
shall seek the assistance of the PNP, other law enforcement agencies and
local government units for the implementation of this Act, and jointly report
to the Office of the President every month on the progress of the initiative.

SEC. 5. Penal Provisions. - Any person who violates this Act or any
rules and regulations issued by the implementing agencies 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 suffer imprisonment for one
(1) year but not more than six (6) years, or both, as determined by the court.


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The offender shall also be required to compensate for the damage. Provided
further, That the court shall order the forfeiture of all shark cant ray products
collected, including alll equipment, devices and firearms uset'in connection
therewith, in favor of the government. If the offender ic as association or a
soporation, the president or manager shalll be directly responsible for the
acts of his employees or laborers.

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

SEC. 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.

SEC. 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,