Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila —

Sixteenth Congress
First Regular Session

HOUSE BILL NO. 4126

Introduced by Honorable Carlos M. Padilla

EXPLANATORY NOTE

This bill seeks to prohibit and penalize the exportation and importation of
dolphins and whales. ;

Article XII, Subsection 2, Section 2 of the 1987 Philippine Constitution,
states that “The State shall protect the nation’s marine wealth in its archipelagic
waters, terrestrial sea, and exclusive economic zone, and reserve its use wad
enjoyment exclusively to all Filipino citizens."

Section 11 of Republic Act No. 8550, otherwise known as the “Philippine
Fisheries Code of 1998” provides, among others, that the Department of
Environment and Natural Resources (DENR) shall ban the taking and fishing of
rare, threatened and endangered species, including their eggs. Section 97 penalizes
the violation of the Act by imprisonment of twelve years to twenty years and a fine
of one hundred and twenty thousand pesos (P120,000.00), including forfeiture of
the catch and the cancellation of the fishing permit.

Further, under Republic Act (RA) No. 9147, otherwise known as the
“Wildlife Resources Conservation and Protection Act,” the DENR is tasked io
conserve and protect wildlife spccies and their habitats to promote ecological
balance and enhance biological diversity. The DENR is also mandated to initiate or
support scientific studies on the conservation of biological diversity. As provided
under RA 9147, the Department of Agriculture has jurisdiction over all declared
aquatic critical habitats, all aquatic resources, including but not limited to all
fishes, aquatic plants, invertebrates and all marine inammals, except dugong,

Bill Drafting Service


The significance of the presence of dolphins and whales in the Philippine
waters cannot be over-emphasized. They demonstrate the richness of the marine
diversities of the country and affirm the studies that the Philippines is one of the
eighteen mega-biodiversity countries in the world, However, despite the enactment
of animal and welfare laws, dolphins and whales are still in danger of being extinct
due to unlawful trading, uncontrolled slaughtering, illegal fishing, population
pressure and oyerexploitation. Hence, there is a need to prohibit the exportation
and importation of dolphins and whales, to ensure their immediate conservation
and protection,

In view of the foregoing, approval of this bill is earnestly sought

oA LC —

LOS M. PADILLA


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Republic of the Philippines
House Or REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

HOUSE BILLNO.__ 4126

Introduced by Honorable Carlos M. Padilla

AN ACT
PROHIBITING THE EXPORTATION AND IMPORTATION OF
DOLPHINS AND WHALES AND PROVIDING PENALTIES THEREFOR

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

SECTION 1. Prohibition. — Except for research purposes to be undertaken
by reputable universities and scientific institutions, it shall be unlawful to take or
catch dolphins and whales in Philippine waters or to sell, purchase, possess,
transport, import or export and trade them whether dead or alive, in any state or
form whether raw or processed. It shall also be unlawful to wound or kill dolphins
and whales in the course of catching other species of fish and take any stranded or
rescued live dolphins and whales for trade, display and exhibition or other
commercial purposes.

SEC. 2. Penalty. — Any person who commits any of the prohibited acts

under Section 1 of this Act shall be prosecuted and, upon conviction, shall suffer

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a fine of not less than fifty thousand pesos (P50,000.00) or any amount not to
exceed five hundred thousand pesos (P500,000,00) or imprisonment of not less
than twelve (12) years but not more than twenty (20) years at the discretion of the
court.

SEC. 3. Jurisdiction. — The jurisdiction over the conservation and
protection of dolphins and whales in the Philippines is transferred from the Bureau
of Fisheries and Aquatic Resources (BFAR) of the Department of Agriculture
(DA) to the Protected Areas and Wildlife Bureau (PAWB) of the Department of
Environment and Natural Resources (DENR).

SEC. 4. Protection of Dolphins and Whales. — The PAWB shall protect
and promote the welfare of dolphins and whales by maintaining appropriate
standards of accommodation, feeding and general care, disease prevention and
treatment and ensuring their freedom from fear, distress, harassment, unnecessary
discomfort and pain.

SEC. 5. Release of Unharmed Dolphins and Mammals, ~ Dolphins and
whales shall immediately be released unharmed in the sea if accidentally included
in the catch by any gear or other fishing instrument. Dead dolphins and whales
drifted to the seashore shall be surrendered to the nearest DENR Regional Unit or
PAWB or provincial environment officer, as the case maybe, for proper

disposition.


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SEC. 6. Dolphins and Whales Rescue Center. - The PAWB shall
establish a designated dolphins and whales rescue center to take temporary custody
and care of all rescued or wounded dolphins and whales by the rescue efforts of the
local government units in their respective jurisdictions. The PAWB shall ensure
the welfare and well-being of all confiscated, abandoned and donated dolphins and
whales and their eventual release to their habitats. The PAWB shall formulate
protocols in the proper rescue and rehabilitation of rescued dolphins and whales
The local government unit shall immediately coordinate with different agencies,
such as the Philippine Navy, Coast Guard, Philippine National Police, Maritime
Command and DENR for the proper treatment, care and eventual release of
dolphins and whales.

SEC. 7. Permit. — The Secretary of the Environment and Natural Resources
may permit the importation or exportation of dolphins and whales for research
purposes to be undertaken by reputable universities and scientific institution. An
application for the issuance of the required export or import permits, on the
dolphin or whale, shall be evaluated by the PAWB as management authority and
the members of the country’s scientific authorities in compliance with the
Convention on International Trades in Endangered Species of Wild Fauna and

Flora (CITES).


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SEC. 8. Protocol. - The DENR, DA and the Department of Tourism
(DOT) shall draft the protocol in the proper conduct of non-commercial whale and
dolphin-watching tours.

SEC. 9. Implementing Rules and Regulations. — Within six (6) months
following the effectivity of this Act, the DENR, DA and DOT shall promulgate
their respective rules and regulations for the effective implementation of this Act.
The commitments of the Philippines to CITES shall likewise be a consideration in
the implementation of this Act.

SEC. 10. Transitory Provisions, — The Secretary of the Environment and
Natural Resources shall evaluate the conditions of the existing oceanariums
covered by licenses or permits which shall be allowed to operate and wind up their
business operations within two (2) years from the effectivity of this Act unless
terminated for any of the following causes:

a Failure to secure the renewal of their licenses and pay corresponding
fees thereof,

b. Use of dummies as licensees;

© Operation outside the limits of licenses or prescribed minimum
standards for such facilities;

d. Failure to submit to the DENR reports of their all-year round



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e. Failure to adhere to sustainability development principles in the
process of the species acquisitions and the execution of their delivery service to the
people.

Upon termination or expiration of the two-year period, operators of
oceanariums may elect to donate or sell any dolphin or whale to the PAWB under
the terms and conditions to be agreed upon by the parties for their proper
conservation and protection.

All existing researches, contracts and agreements governing dolphins and

whales entered by DENR, DA DOT and other government agencies with any

person or institution, foreign or local, shall likewise remain valid and effective,
provided that a new agreement conforming to this Act shall be entered into by the
parties.

SEC. 10. Appropriations. — The amount necessary to initially implement
the provisions of this Act shall be charged to the current appropriations of the
DENR. Thereafter, such sums as may be necessary to fully implement the
provisions of this Act shall be included in the annual General Appropriations Act.

SEC. 11. Separability Clause. — If any provision or part of this Act is
declared invalid or unconstitutional, the remaining parts or provisions not affected

shall remain in full force and effect



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SEC. 12, Repealing Clause, — All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts thereof, which are
inconsistent with the provisions of this Act are hereby repealed or amended
accordingly

SEC.'13: Effectivity. — This Act shall take effect fifteen (15) days after
publication in the Official Gazette or in two (2) national newspapers of general
circulation,

Approved