Constitutional and Statutory Basis
- The Order anchors its policy on the 1987 Constitution mandate that the State protects and advances the right of Filipinos to a balanced and healthful ecology in harmony with nature.
- The Order cites Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act of 2001) as a basis for conserving and protecting wildlife species and their habitats to maintain ecological balance and biological diversity.
- The Order cites Republic Act No. 8550 (Philippine Fisheries Code of 1998) as a basis for conservation and protection of wildlife and habitats.
- The Order cites Executive Order No. 578 as a basis for conserving and protecting wildlife species and their habitats for the well-being of present and future generations.
Purpose and Environmental Policy Goals
- The Order intensifies protection because the whale shark is among the most endangered due to commercial and artisanal fishing.
- The Order recognizes the whale shark as present in Philippine waters, demonstrating marine biodiversity and supporting the Philippines as one (1) of the eighteen (18) mega-biodiverse countries.
- The Order links protection to ecotourism and livelihoods for coastal communities through whale shark watching.
- The Order emphasizes the need for stronger international and national protection efforts, including cooperation under CITES and CMS mechanisms discussed in the recitals.
Scope: Coverage and Regulated Activity
- The Order covers efforts to locate, monitor, and protect whale shark “pathways” in Philippine waters (Section 1).
- The Order covers wounded whale sharks found within the jurisdiction of concerned LGUs, requiring rescue and coordination for treatment and eventual release (Section 2).
- The Order covers criminal cases involving violations of laws, rules and regulations on the protection of whale sharks (Section 3).
- The Order covers cooperation by all seagoing vessels, both foreign and local, in conducting the pathway location, monitoring, and protection endeavor (Section 1).
Responsible Agencies and Coordination Duties
- The Armed Forces of the Philippines (AFP)—through the Philippine Navy and the Coast Guard—must coordinate for locating, monitoring, and protecting whale shark pathways (Section 1).
- The Philippine National Police (PNP) through Maritime Command, must coordinate for locating, monitoring, and protecting whale shark pathways (Section 1).
- The Department of Agriculture (DA) through the Bureau of Fisheries and Aquatic Resources (BFAR) must coordinate for locating, monitoring, and protecting whale shark pathways (Section 1).
- The Department of Environment and Natural Resources (DENR) must coordinate for locating, monitoring, and protecting whale shark pathways (Section 1).
- Concerned LGUs must coordinate for locating, monitoring, and protecting whale shark pathways (Section 1) and must perform mandatory rescue efforts for wounded whale sharks within their jurisdiction (Section 2).
- The government enjoins academe and marine fisheries expert participation in the coordination and technical aspects of locating, monitoring, and protecting whale shark pathways (Section 1).
Mapping, Public Information, and Vessel Cooperation
- Whale shark pathways in Philippine waters must be mapped in appropriate scale for the information of the general public (Section 1).
- Government authorities require the cooperation of all seagoing vessels, both foreign and local, in the conduct of locating, monitoring, and protecting whale shark pathways (Section 1).
- The mapped information is intended to support public awareness regarding whale shark pathways (Section 1).
Mandatory Rescue and Immediate Coordination
- Concerned LGUs must conduct mandatory rescue efforts for any wounded whale shark found within their area of jurisdiction (Section 2).
- Upon sighting a wounded whale shark, the concerned LGUs must immediately coordinate with the appropriate units for proper care, treatment, and eventual release (Section 2).
- The immediate coordination required under Section 2 must include: the Philippine Navy, Coast Guard, PNP Maritime Command, DA, and DENR (Section 2).
Investigation and Prosecution Efforts
- The National Bureau of Investigation (NBI) must intensify efforts in investigating criminal cases involving violations of laws, rules and regulations protecting whale sharks (Section 3).
- The National Prosecution Service (NPS) of the Department of Justice (DOJ) must intensify efforts in filing and prosecution of the criminal cases (Section 3).
- The Order directs enforcement against persons who violate laws and regulations on the protection of whale sharks through strengthened investigation and prosecution (Section 3).
Rewards and Implementing Rules
- A person who provides information leading to the arrest of any person harming or killing a whale shark must receive a reward or incentive from the government (Section 4).
- A person who leads to the rescue or protection of a wounded whale shark must receive a reward or incentive from the government (Section 4).
- The DA and DENR are directed to draft the implementing rules for the reward or incentive program (Section 4).
Funding and Capacity Building
- An amount of Fifteen Million Pesos (Php15,000,000.00) from the Presidential Social Fund is provided for implementation (Section 5).
- The Php15,000,000.00 funding supports capacity building and monitoring and enforcement activities of LGUs and National Government Agencies to implement the Order (Section 5).
Repeal, Separability, and Effectivity
- All proclamations, executive orders, rules and regulations, and other issuances or parts thereof that are inconsistent with the Order are revoked, amended, or modified accordingly (Section 6).
- If any provision is declared unconstitutional or invalid, the remaining provisions remain valid (Section 7).
- The Order takes effect immediately after its publication in a national newspaper of general circulations (Section 8).