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DENR Administrative Order No. 55
Series of 1991
SUBJECT:
Declaring Dugong or sea cow (Dugong dugon) as Protected Marine Mammal of the
Philippines
Pursuant to Executive
Order 192, and in cognizance of the intents and purposes of Section 1 of ACT
VIII of the Convention on International Trade of Endangered Species (CITES)
agreement and in the interest of protecting and preserving endangered species,
the following are hereby promulgated with regard to Dugong or Sea Cow (Dugong
dugon):
Section 1.
Basic Policy. It is hereby declared that Dugong or Sea Cow (Dugong dugon) is
a protected marine mammal of the Philippines. As such, the killing or taking
so such species for whatever purposes, except for scientific research, and the
destruction or disturbance of its habitat, is hereby prohibited.
Section 2. Illegal
Acts. Any person who shall hunt, kill, wound or take away, posses, transport
and/or dispose of Dugong or Sea Cow, dead or alive, its meat or any of its by-products
in violation of the provisions of this Order shall be punished by imprisonment
from six (6) months to four (4) years or a fine from Five Hundred Pesos (P500.00)
to Five Thousand (P5,000.00) or both upon sound discretion of the Court, pursuant
to section 38 (d) of the Philippine Fisheries Code.
FURTHERMORE, the
vessels/carrier, gears, tools, equipment and other paraphernalia used in the
commission of the prohibited acts and offenses including the catch thereof,
as instrument and proceeds of the offense, shall be confiscated in favor of
the government pursuant to the pertinent provisions of DENR Administrative Order
No. 36 series of 1991, entitled "Guidelines Governing the Confiscation, Seizure
and Disposition of Wild Flora and Fauna Illegally Collected, Gathered, Acquired,
Transported, and Imported Including Paraphernalia" and the revised Penal Code.
Section 3.
Disposition of Confiscated Species. Confiscated species of Dugong or Sea cow,
or any of its by-products shall be forfeited in favor of the DENR for disposition
to any research institution as determined by the DENR pursuant to section 9
of DENR Administrative Order No. 36, series of 1991.
Section 4. Implementing
DENR Unit. The Protected Areas and Wildlife Bureau (PAWB) through the Pawikan
Conservation Projects (PCP) shall lead the implementation of this order. It
shall generate funds and implement a national program for the conservation and
protection of the country's remaining Dugong or Sea Cow population and shall
also coordinate with other concerned agencies likewise involved in the conservation
and management of the country's marine resources.
The Offices of
the Undersecretary for Environment and Research and the Undersecretary for Field
Operations through their respective bureau and regional offices shall assist
PAWB in the reinforcement of the provisions of this Order.
Effectivity. This
Order shall take effect fifteen (15) days after publication in newspaper of
general circulation.
(SGD) FULGENCIO
S. FACTORAN, JR.
Secretary
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