QuestionsQuestions (BFAR-NFRDI DA AND DOT JOINT ADMINISTRATIVE ORDER NO. 1, S. 2004)
The order cites DA’s mandate under Republic Act No. 8550 (Philippine Fisheries Code of 1998) to conserve, protect, and manage aquatic resources and protect rare, threatened, and endangered species. It also cites DOT’s mandate to promote tourism while ensuring safe, convenient, and enjoyable stays and travels of tourists and spreading benefits of tourism.
The objective is to establish regulations governing conduct when people interact with cetaceans, ensuring tourists have a positive experience while guaranteeing the safety and welfare of cetaceans and generating economic gains for host communities.
A vessel must not approach within less than 100 meters from any whale.
For other cetaceans, the recommended distance of observation is 50 meters.
No aircraft should fly directly over cetaceans at altitudes lower than 300 meters, to reduce noise effects; the aircraft’s shadow should be kept from passing close to cetaceans.
No conveyance shall approach within 300 meters of any cetaceans if the number of other conveyances already positioned to enable passengers to watch is two (2) or more.
Jet skis and wave runners are prohibited in known cetacean interaction areas.
A vessel should not approach any cetacean head-on while under power. It should approach parallel and slightly to the rear of the cetaceans or 300 meters ahead of, but not in the path of, the cetaceans.
Within 300 meters, the vessel must move at a constant slow speed no faster than the slowest cetacean or at a speed that does not create a wake. It must not make sudden or repeated changes in speed or direction near or among any cetacean, except in an emergency.
No vessel under power shall continuously pursue any cetacean for more than 20 minutes, even when respecting the prescribed minimum distance.
The guidelines prohibit interrupting the path of a cetacean, trying to direct or alter its movement, or preventing it from leaving the vicinity of any vessel.
Examples include rapid changes in swimming direction or speed; erratic swimming patterns; prolonged diving or underwater exhalation/course changes/rapid swimming away; a female attempting to shield a calf with her body or movements; or a sudden stop in important breeding, nursing, feeding, or resting activities.
The vessel must be maneuvered to a distance of at least 100 meters from the cetacean.
Operators and passengers must not touch or attempt to touch any cetacean; must not feed or attempt to feed any cetacean; and must not play back or attempt to play back any sound/recording underwater.
No vessel shall pursue mother and calf groups of any species of whale; no person or vessel shall approach within 200 meters of any whale accompanied by a calf or calves.
Vessel operators shall not allow any person on board to swim with whales and dolphins.
While maintaining a safe distance, check for signs of breathing from the blowhole and watch/listen for movement; if nothing is observed for 15 minutes, the animal is most likely dead.
For scientific research, clearance must be secured from DA-BFAR pursuant to RA 9147.
Local government units concerned, in coordination with DA-BFAR and enforcement agencies (including whale watching associations), are primarily responsible for monitoring enforcement. LGUs with cetacean interaction industries should adopt local policies integrating sanctions to standardize the local industry.
They take effect fifteen (15) days upon submission of three (3) certified copies to the UP Law Center pursuant to Section 4, Chapter 2, Book VII of Executive Order No. 292 (1987).