Question & AnswerQ&A (BFAR ADMINISTRATIVE ORDER NO. 193, S. 1998)
The order bans the taking, catching, selling, purchasing, possessing, transporting, and exporting of whale sharks and manta rays in Philippine waters for protection and conservation purposes.
Whale sharks are defined as large elasmobranchs of the family Rhincodontidae, species Rhincodon typus, characterized by a broad, flattened head, very large terminal mouth, large gill slits, three longitudinal ridges on the 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.
It includes killing, capturing, trapping, snaring, and netting of whale sharks and manta rays.
No, selling (including barter, exchange, or offering for sale) of whale sharks and manta rays, whether dead or alive, raw or processed, is unlawful.
Violators are subject to a fine of not less than P500 to not more than P5,000, or imprisonment from six months to four years, or both at the court's discretion. Additionally, the Director of BFAR may impose administrative fines up to P5,000, cancel permits or licenses, and confiscate the whale shark or manta rays involved.
They must immediately release them unharmed back into the sea; failure to do so will still render them liable under the law.
They must be surrendered to the nearest Department of Agriculture Regional Field Office or Bureau of Fisheries Regional or Provincial Fishery Office for proper disposition.
Yes, the Secretary of Agriculture may issue Special Permits upon recommendation from the BFAR Director to government or private institutions for research purposes, subject to terms and conditions.
All existing administrative orders, rules, and regulations inconsistent with this Order are repealed.
It took effect fifteen days after its publication in the Official Gazette and/or two newspapers of general circulation.