Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session
House BILLNo, 9442

Introduced by: HON. FATIMA ALIAH Q. DIMAPORO

EXPLANATORY NOTE

This bill seeks to ban, among others, the sale, purchase, possession and trade of
all shark and ray species, its derivatives and by-products, in the Philippines, and
providing penalties for the violation thereof.

The Philippines is known as the world’s center of marine biodiversity because of
its vast marine and coastal resources. This distinction has greatly contributed to the.
promotion of our country’s ecotourism which in tum has created many jobs for Filipinos.
and significantly contributed to our economic growth, However, the country’s marine
diversity is under threat of degradation.

Of the many marine species found in the country, sharks and rays are among
those which have caught the attention of tourists, the diving industry and the scientific
community, Sharks and rays are also among the most threatened groups of marine
species, not only in the Philippines but all over the world. High exploitation rates
coupled with low resilience to finishing pressure have resulted in sharks and rays
Population decline worldwide. Most of these species grow slowly, mature late and do
not reproduce often, which means that their populations are particularty vulnerable to
overfishing and recover slowly, if at all. Approximately 70-100 million sharks are killed
annuatly to meet the demand of the intemational shark trade, which increases by more
than 5% a year. As the top predators of the sea, sharks and rays play an important role
in regulation for all the species in the marine ecosystem.

The concer for the protection of our rich marine resources is not just national in
nature. It also carries global significance. It is imperative that we take appropriate
actions for the protection and conservation of our marine species, particularly sharks
and rays and their habitats, lest they disappear from our country's seas, or worse,
become extinct and cause an imbalance in the marine ecosystem and collapse of
biodiversity.


This measure also seeks to mandate the Bureau of Fisheries and Aquatic
Resources and other appropriate goverment agencies, local goverment units,
academic institutions, private organizations and non-government organizations to
undertake a nationwide information and education campaign to make Filipinos
understand the value of sharks and rays in the marine ecosystem and tourism in the
country.

In view of the foregoing, approval of this bill is earnestty sought.

eS

FATIMA ALIAH Q. DIMAPORO


Republic of the Philir
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session
HOUSE BILLNO. 6412

Introduced by: HON. FATIMA ALIAH Q. DIMAPORO

(AN ACT BANNING THE CATCHING, SALE, PURCHASE, POSSESSION AND
TRADE OF ALL SHARKS AND RAYS, THEIR DERIVATIVES AND BY-
PRODUCTS IN THE PHILIPPINES

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

SECTION 1. Short Title. - This Act shall be known ‘as the “Sharks and
Rays Conservation Act of 2011”.

SECTION 2. Declaration of Policy. ~ It is the dectared policy of the State
to conserve, protect and sustain the management of the country’s sharks and
fays population to promote ecological balance and maintain marine biodiversity,
and to ensure the well-being of present and future generation of Filipinos.

SECTION 3. Definition of Terms. - For purposes of this Act, the following
terms are hereby defined:

(a) “Sharks” are fish with full cartilaginous skelatons and highly
streamlined bodies;

(b) “Rays" are cartilaginous fishes with horizontally flattened bodies,
enlarged wing-like pectoral fins and gillsiits on their ventral
‘surfaces;

(c) “Conservation” means preservation and sustainable utilization of
wildlife and or maintenance, restoration and enhancement of the
habitat;

) “Habitat" means place or environment where species or
subspecies naturally occurs or has naturally established its
population:



fe) “Derivatives” include but not limited to carcass or meat, skin,
cartilage, teeth, jaws, liver and other internal organs;

(0) “By-products” include but not limited to fin soup, oil, fashion
accessories, and other finished products made from of any part
of a shark;

@ “Cause to be caught” means putting direct order of a company

or individual to another company or individual to possess, catch,
sell, buy, and transport

SECTION 4. Prohibition. - It shall be unlawul for any person or
corporation to catch, cause to be caught, sell, purchase, possess and trade
sharks and rays,their derivatives and by-products in the Philippines. It'shall also
be unlawful to wound or kill sharks and rays in the course of catching other
species of fish. Sharks and rays accidentally included in the catch shall be
immediately released unharmed in the sea. Dumping of waste products
detrimental to species shall also be prohibited.

SECTION 5. Hitegal Acts, — it shall be unlawful for any person or
corporation to undertake the following acts:

{a) killing or inflicting injury on sharks and rays;

(b) catching, causing to be caught, selling, purchasing and possessing of
sharks and rays, their derivatives and by-products;

(c) ceneportng, np importing and exporting sharks and rays, their derivatives

(a) desing thelr habitats

SECTION 6. Penalties for Violations of Act. ~ For any person or corporation
that undertakes illegal acts under the immediately preceding section, the
follawing penalties and/or fines shall be imposed:

(2) kitting or inflicting injury on sharks and rays — imprisonment of a minimum
of one (1) year to twelve (12) years and a fine of five thousand pesos
(P5,000.00) per cubic centimeter of shark and/or ray carcass or meat, or
body mass if alive, and shoulder all costs related to live shark and/or ray
release as determined by the nearest Bureau of Fisheries and Aquatic
Resources (BFAR) office.

(b) catching, causing to be caught, selling, purchasing and possessing of
sharks and rays, their derivatives and by-products — imprisonment of a
minimum of(1) year to twelve (12) years and a fine of five thousand pesos
(P5,000.00) per individual item, and/or if in liquid such as soup or oil, per
16 oz. as assessed by the nearest BFAR office.


{c) transporting, importing and exporting sharks and rays, their derivatives
and by-products — imprisonment of a minimum of one(1) year to twelve
(12) years and a fine of five thousand pesos (P5,000.00) per individual
item, and/or if liquid such as soup or oil, per 16 oz. as assessed by the
nearest BFAR office. ;

(q) desiroying their habitats — imprisonment of six (6) years to twelve (12)
years and obligation to compensate for the restoration of the damage. The
‘amount will be equivalent to the potential value of the area if species are
alive and healthy.

Provided, further, That if the violation is committed by a juridical person o°
nt entity, their officers shall be liable without prejudice to any further
liability for violation of any provision of other applicable laws.

SECTION 7.Lead Agency. ~ The BFAR shall be the lead agency to
implement this Act. The BFAR shail spearhead the development of a national
shark and ray rescue, recovery and release plan for stranding, by-catch reports
and confiscation of carcass or by-products sharks and rays. The BFAR shall also
spearhead the development of an updated Philippines sharks and rays database
for the purpose of management and protection under the BFAR National Stock
Assessment Program, and in coordination with BFAR Regional Field Offices
(BFAR-RFO), the Bureau of Agricultural Statistics (BAS), Provincial Veterinary
Offices (PVO) and Provincial Environment and Natural Resources Offices
(PENRO). .

The Provincial Attorney's Officeof each Local Government Unit (LGU) shall
‘ensure the swift and timely prosecution of violators and spearhead in the
development of protocols for evidence collection and preservation as guide to the
police.

The Department of Tourism (DOT) and the Philippine Council for Sports and
‘Scuba Diving under the DOT shalll also coordinate with the BFAR and LGUs 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 ecotourism.

To eliminate the demand that results in the killing of sharks and rays,
‘selling and serving of shark and ray derivatives and by-products and menus with
reference to shark and ray derivatives and by-products shail be prohibited. The
Department of Trade and Industry (DTI) shall prepare a phase out plan for
‘serving shark's fin soup and menus with shark and ray derivatives and by-
products in restaurants.


The Philippine National Police (PNP), the Philippine Coast Guard, and
LGUs shall assist the DA-BFAR and other agencies in the implementation of this
bill.

SECTION 8. information and Education.— The BFAR, DOT, Department of
Environment and Natural Resources (DENR), LGUs, environmental non-
government organizations (e.g., The Law of Nature Foundation, Marine Wildlife
Watch of the Philippines), private organizations (a.g., Manila Ocean Park) and
academic institutions (e.g., UP Marine Science institute, Silliman University
Marine Laboratory) shall undertake a nationwide information and education
campaign to make Filipinos understand the value of sharks and rays in the
marine ecosystem and tourism.

Each BFAR-RFO, PVO and PENRO must be familiar with the species of
‘sharks and rays found and traded in their respective LGUs. The Provincial Police
Office must ensure that all police stations in the Province have a copy of this Act
posted in their bulletin boards and that this Act is disseminated and discussed
within the police stations as well as meetings conducted in Barangays.

The League of Municipalities and League of Cities of the Philippines shall
ensure that all members implement this Act in their respective territories and
ensure that all Barangay leaders, veterinarians, agriculturists and Bantay Dagat
members are fully aware of this Act.

SECTION 9./mplementing Rules and Regulations - The BFAR, in
coordination with the DOT and OTI, shall issue, within ninety (90) days after the
effectivity of this Act, the rules and regutations for its effective implementation.

SECTION 10. Soparability Clause. ~ Hf, for any reason, any section or
provision of this Act is held unconstitutional or invalid, the other sections or
provisions hereof shall not be affected thereby and shall continue to be in full
force and effect.

SECTION 11. Repealing Clause. — Ail laws, decrees, executive orders,
Tules and regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed or modified accordingly.

SECTION 12. Effectivity. — This Act shall take effect fifteen (15) days trom

its publication in the Official Gazette or in at least two (2) national newspaper of
general circulation.

Approved,