BAN ON THE TAKING OR CATCHING, SELLING, PURCHASING, TRANSPORTING AND EXPORTING OF WHALE SHARKS AND MANTA RAYS

Pursuant to Sections 65 and 107, RA No. 8550, otherwise known as the
Philippine Fisheries Code of 1998, the following rules and regulations
for the protection and conservation of whale sharks and manta rays in
Philippine waters are hereby promulgated:

SECTION 1. Definition. — The terms used herein shall be construed as follows:

(a) Whale shark — a large elasmobranch of the family
Rhincodontidae, of the species Rhincodon typus characterized externally
by a broad, flattened head, a very large and nearly terminal mouth, very
large gill slits, three prominent longitudinal ridges on its upper
flanks, a large first dorsal fin, a semi- lunate caudal fin and a unique
“checkerboard” pattern of light spots and stripes on a dark background.

(b) Manta rays — a large elasmobranch of the family Mobulidae, synonymous with the giant Atlantic manta (Manta birostris)

c)  Take or catch — includes the killing, capturing, trapping, snaring and netting of whale shark and manta rays.

d) Sell — includes barter, exchange, or offering or exposing for sale.

e) Possess — means to have actual or constructive possession or control thereof

(f) Transport — means to carry or move or cause to be carried or moved.

g) Export — means to send or ship out of the country.

SECTION 2.  Prohibition. — It shall be unlawful to
take or catch whale shark and manta rays in Philippine waters or to
sell, purchase, possess, transport, or export the same whether dead or
alive, in any state or form whether raw or processed.

It shall likewise, be unlawful to wound or to kill whale shark and
manta rays in the course of catching other species of fish. Whale shark
and manta rays which are accidentally included in the catch by any gear
shall immediately be released unharmed in the sea; otherwise the
liability shall be deemed to still exist. Dead whale shark and manta
rays which are drifted to the seashore shall be surrendered to the
nearest Department of Agriculture (DA) Regional Field Office or Bureau
of Fisheries Regional or Provincial Fishery Office, as the case may be
for proper disposition.

SECTION 3.  Issuance of Permit to Conduct Research and/or Collect Specimens for Research/Scientific Purposes.
— The Secretary or his duly appointed representative, upon the
recommendation of the Director of the Bureau of Fisheries and Aquatic
Resources (BFAR), may issue a Special Permit in favor of any government
or private institution engaged in purely research work on whale shark
and manta rays, subject to such terms and conditions as the DA Secretary
may deem wise to impose.

SECTION 4.  Penalty . — Violation of this Order
shall subject the offender to a fine of not less than five hundred
(P500.00) pesos to not more than five thousand (P5,000.00) pesos or
imprisonment from six (6) months to four (4) years, or both such fine
and imprisonment depending on the discretion of the court: Provided,
That the Director of Fisheries and Aquatic Resources is hereby empowered
to impose upon the offender an administrative fine not more than five
thousand (P5,000.00) pesos or to cancel his permit or license at his
discretion including the confiscation of the whale shark and/or manta
rays for proper disposition/documentation of the government.

SECTION 5.  Repealing Clause. — All existing
administrative orders, rules and regulations which are inconsistent with
the provisions of this Order are hereby repealed.

SECTION 6.  Effectivity . — This Order shall take
effect fifteen (15) days after its publication in the Official Gazette
and/or in two (2) newspaper of general circulation.

Adopted: 25 Mar. 1998

(SGD.) SALVADOR H. ESCUDERO III Secretary
Recommended by:	(SGD.) DENNIS B. ARAULLO Director, Bureau of Fisheries and Aquatic Resources