Definitions Used in the Order
- “Whale shark” means a large elasmobranch of the family Rhincodontidae, species Rhincodon typus, with the described external characteristics.
- “Manta rays” means a large elasmobranch of the family Mobulidae (synonymous with the giant Atlantic manta Manta birostris).
- “Take or catch” includes killing, capturing, trapping, snaring, and netting of whale shark and manta rays.
- “Sell” includes barter, exchange, offering, or exposing for sale.
- “Possess” means having actual or constructive possession or control of whale shark and manta rays.
- “Transport” means to carry or move, or cause to be carried or moved.
- “Export” means to send or ship out of the country.
Core Prohibition in Philippine Waters
- It is unlawful to take or catch whale sharks and manta rays in Philippine waters.
- It is unlawful to sell, purchase, possess, transport, or export whale sharks and manta rays whether dead or alive.
- The prohibition applies in any state or form, whether raw or processed.
- It is unlawful to wound or kill whale sharks and manta rays in the course of catching other species of fish.
- Accidental inclusion in other fishing gear triggers immediate release: accidentally included whale sharks and manta rays must be released unharmed in the sea.
- If accidentally included specimens are not released unharmed, liability continues to exist.
- Drifted carcasses must be handled as follows: dead whale sharks and manta rays drifted to the seashore must be surrendered to the nearest Department of Agriculture (DA) Regional Field Office or BFAR Regional or Provincial Fishery Office, for proper disposition.
Research and Scientific Collection Permit
- The Secretary or a duly appointed representative may issue a Special Permit for purely research work on whale sharks and manta rays.
- Special Permit issuance requires the recommendation of the Director of BFAR.
- Permits may be granted to any government or private institution engaged in purely research.
- The Special Permit is subject to terms and conditions that the DA Secretary may impose.
Penalties, Fines, Imprisonment, and Administrative Consequences
- Any violation of the order subjects the offender to a fine of not less than PHP 500.00 and not more than PHP 5,000.00.
- Any violation subjects the offender to imprisonment from six (6) months to four (4) years, or both fine and imprisonment depending on the discretion of the court.
- The Director of Fisheries and Aquatic Resources may impose an administrative fine not more than PHP 5,000.00.
- The Director may also cancel the offender’s permit or license at discretion.
- The Director may order confiscation of the whale shark and/or manta rays for proper disposition/documentation of the government.
Repeal and Supersession
- All existing administrative orders, rules and regulations that are inconsistent with the order are repealed.