Title
Protection of Whale Sharks in PH Waters
Law
Op Administrative Order No. 282
Decision Date
Mar 16, 2010
To protect the endangered whale shark species in Philippine waters, Administrative Order No. 282 mandates the coordination of government agencies, enforcement of strict regulations, and provision of incentives for public participation in conservation efforts.
A

Significance of Whale Shark in Philippine Waters

  • Whale shark (Rhincodon typus) signifies marine biodiversity richness in the Philippines.
  • Philippines identified as one of 18 mega-biodiverse countries globally.
  • Whale shark is the largest fish and one of the most charismatic and endangered species due to fishing pressures.

International Conservation Status and Agreements

  • Whale shark listed in Appendix II of CITES, regulating trade.
  • Listed in Appendix II of the Convention on Migratory Species (CMS) due to unfavorable conservation status.
  • Philippines hosted and participated in technical meetings and signed Memorandum of Understanding for international cooperation on migratory sharks.

Ecotourism and Livelihood Importance

  • Whale shark watching contributes significantly to ecotourism.
  • Local coastal communities benefit economically from whale shark conservation.

Need for Intensified Protection Measures

  • Despite existing laws, threats and killings of whale sharks persist.
  • Incident in Batangas in 2010 underscores necessity for strengthened protection.
  • Philippine government's commitment to uphold international conservation plans and agreements.

Section 1: Locating, Monitoring, and Protecting Whale Shark Pathways

  • Agencies involved: AFP (Philippine Navy), Coast Guard, PNP Maritime Command, DA (BFAR), DENR, and LGUs.
  • Coordination with academic institutions and marine experts mandated.
  • Creation of mapped pathways for whale shark routes for public information.
  • Cooperation of all seagoing vessels emphasized.

Section 2: Mandatory Rescue of Wounded Whale Sharks

  • LGUs required to initiate rescue of any wounded whale shark within jurisdiction.
  • Immediate coordination with Navy, Coast Guard, PNP, DA, and DENR for care, treatment, release.

Section 3: Investigation and Prosecution of Violators

  • NBI and National Prosecution Service tasked to intensify investigation, filing, and prosecution of criminal violations involving whale shark protection laws.

Section 4: Reward or Incentive for Whale Shark Protection

  • Persons providing information leading to arrest of offenders or rescue of wounded whale sharks entitled to government reward or incentive.
  • DA and DENR directed to draft implementing rules.

Section 5: Funding Allocation

  • PhP 15,000,000.00 from the Presidential Social Fund allocated to support capacity building, monitoring, and enforcement activities by LGUs and national agencies.

Section 6: Repealing Clause

  • Revocation, amendment, or modification of inconsistent proclamations, executive orders, rules, regulations, or other issuances.

Section 7: Separability Clause

  • Unconstitutional or invalid provisions do not affect the validity of remaining provisions.

Section 8: Effectivity

  • The Administrative Order takes effect immediately upon publication in a national newspaper of general circulation.

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