DENR ADMINISTRATIVE ORDER NO. 55, October 21, 1991
DECLARING DUGONG OR SEA COW AS PROTECTED MARINE MAMMAL OF THE PHILIPPINES
and purposes of Section 1 of ACT VIII of the Convention on International
Trade of Endangered Species (CITES) agreement and in the interest of
protecting and preserving endangered species, the following are hereby
promulgated with regard to Dugong or Sea Cow (Dugong dugon):
SECTION 1. Basic Policy. It is hereby declared that Dugong or Sea Cow (Dugong Dugon)
is a protected marine mammal of the Philippines. As such, the killing
or taking of such species for whatever purpose, except for scientific
research, and the destruction or disturbance of its habitat, is hereby
prohibited.
SECTION 2. Illegal Acts. Any person who shall
hunt, kill, wound or take away, possess, transport and/or dispose of
Dugong or Sea Cow, dead, or alive, its meat or any of its by-products in
violation of the provisions of this Order shall be punished by
imprisonment from six (6) months to four (4) years or a fine from Five
Hundred Pesos (P500.00) to Five Thousand Pesos (P5,000.00) or both upon
sound discretion of the Court, pursuant to Section 38 (d) of PD 704 or
the Philippine Fisheries Code.
FURTHERMORE, the vessels/carrier, gears, tools, equipment and
other paraphernalia used in the commission of the prohibited acts and
offenses including the catch thereof, as instrument and proceeds of the
offense, shall be confiscated in favor of the government pursuant to the
pertinent provisions of DENR Administrative Order No. 38, series of
1991, entitle “Guidelines Governing the Confiscation, Seizure and
Disposition of Wild Flora and Fauna Illegally Collected, Gathered,
Acquired, Transported, and Imported Including Paraphernalia”, and the
Revised Penal Code.
SECTION 3. Disposition of Confiscated Species.
Confiscated species of Dugong or Sea Cow, or any of its by-products
shall be forfeited in favor of the DENR for disposition to any research
institution as determined by the DENR pursuant to Section 9 of DENR
Administrative Order No. 36, series of 1991.
SECTION 4. Implementing DENR Unit. The
Protected Areas and Wildlife Bureau (PAWB) through the Pawikan
Conservation Project (PCP) shall lead the implementation of this Order.
It shall generate funds and implement a national program for the
conservation and protection of the country’s remaining Dugong or Sea Cow
population and shall also coordinate with other concerned agencies
likewise involved in the conservation and management of the country’s
marine resources.
The Offices of the Undersecretary for Environment and Research
and the Undersecretary for Field Operations through their respective
bureaus and regional offices shall assist PAWB in the enforcement of the
provisions of this Order.
SECTION 5. Effectivity. This Order shall take effect fifteen (15) days after publication in newspaper of general circulation.
Adopted: 21 Oct. 1991
(SGD.) FULGENCIO S. FACTORAN, JR.
Secretary