Protection and Conservation Act of Whale Shark in Donsol, Sorsogon

THE IMPLEMENTAT IMPLEMENTATION ION OF THE FISHERIES ADMINISTRATIV ADMINISTRATIVE E ORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY OF DONSOL

A Thesis Presented to The Faculty Faculty of the Graduate Graduate School School Bicol University Legazpi City

In Partial Fulfillment of  the Requirements for the Degree MASTER OF ARTS IN PUBLIC ADMINISTRATION

by

ROMMEL R. REGALA

Marc March h 2008 2008

Republic of the Philippines Bicol University GRADUATE SCHOOL Legazpi City

RECOMMENDATION FOR THESIS ORAL EXAMINATION This thesis entitled, “THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVE ORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY OF DONSOL,” prepared and submitted by ROMMEL R. REGALA, in partial fulfillment of the requirements for the degree of Master of Arts in Public Administration is hereby submitted to the Thesis Committee for for consideration and approval.

RICARDO M. BELGICA, Ph. D. Adviser

______________________________ Date

Thesis Committee This thesis entitled, “THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVE ORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY OF DONSOL,” prepared and submitted by ROMMEL R. REGALA, in partial fulfillment of the requirements for the degree of Master of Arts in Public Administration, is hereby recommended for oral examination.

HARLEY G. PERALTA, Ph.D. Chairman

RAMESIS M. LORINO, M.M. Member

JOSEPH L. BA B ARTOLATA, Ph. D. Member

ii

Republic of the Philippines Bicol University GRADUATE SCHOOL Legazpi City

RESULT OF THE ORAL EXAMINATION Result of the Oral Examination for ROMMEL R. REGALA, candidate for the degree, Master of Arts in Public Administration. Thesis

: THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVE ORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY MUNICIPALITY OF DONSOL DONSOL

Date:

: February 1, 2008

Place

: Bicol University, CBEM Office

Time

: 5:30 P.M.

This is to certify that ROMMEL R. REGALA has passed the oral examination with a final rating rating of of ______________. ______________.

PANEL MEMBERS

ACTION TAKEN

HARLEY G. PERALTA, Ph. D.

_____________________________

JOSEPH L. BARTOLATA, Ph. D.

_____________________________

RAMESIS M. LORINO, M.M.

_____________________________

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Republic of the Philippines Bicol University GRADUATE SCHOOL Legazpi City

APPROVAL SHEET Upon recommendation of the Oral Examination Committee, this thesis entitled “THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVE ORDER 

NO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY OF approved in DONSOL,” prepared and submitted by ROMMEL R. REGALA, is hereby approved partial fulfillment of the requirements for the degree of Master of Arts in Public Administration.

NORA L. LICUP, Ed, D. Dean

HELEN M. LLENARESAS Ed. D. Vice President for Academic Affairs

FAY LEA PATRIA M. LAURAYA. Ph. D. President

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DEDICATION

This study is unconditionally and sincerely dedicated to my parents, relatives, friends, and above all to God Almighty, our Master Teacher, the formation of the true wisdom and knowledge and with whom nothing is impossible.

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ACKNOWLEDGEMENT

The researcher would like to express his sincere appreciation and gratitude to the following individuals who in one way way or another contributed to make this study possible: Dr. Ricardo M. Belgica, the researcher’s adviser, for making himself available for  guidance, guidance, his scholarly scholarly suggestions suggestions and ideas ideas for for the betterment betterment of this research; research; Dr. Harley G. Peralta, Dr. Joseph L. Bartolata, Prof. Ramesis M. Loreno, and Dr. Melinda M. de Guzman for sharing their educati onal inputs based on experience; Dr. Corazon M. Don, for her willingness and generosity to help the researcher in editing his thesis; Dr. Selina A. Tancangco, for her willingness to help whenever such was needed; Atty. Rustico T. de Belen, the researcher’s undergrad thesis adviser for his motivation and thought-nourishing suggestions suggestions which inspired inspired the researcher to pursue pursue in this study; Mark Elgin R. Bay, Marvin S. Coleto, Dante A. Arias, and Rustan B. Ponferrada, the researcher’s college classmates in Adamson University, for their cooperation and full support to the researcher on his undertakings to complete this thesis; The Benetiz Family, Tito Ren, Tita El en, Reenelyn, and Camille for their unselfish support and assistance given to the researcher; Elsie R. Reyes, librarian of Divine Word College of Legazpi for her willingness to help help the resea research rcher er partic particula ularly rly in search searching ing for the the approp appropria riate te referen references ces for for the study;

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The School Administrators Administrators of Divine Word College of Legazpi, particularly particularly the College of Arts and Sciences headed by Rev. Fr. Nestor L. Sibug, S.V.D. for his encouragement encouragement and inspirati inspiration on given to the researche researcher; r; The World Wildlife Fund for Nature-Philippines, Mr. Raul Burce and Mr. David N. David David for for their their support support extended extended during the data data gatheri gathering; ng; The Local Government of Donsol, Sorsogon, Hon. Mayor Jerome F. Alcantara and Hon. Vice-Mayor Emeterto S. Belmonte for their support and coordination they have given to researcher prior to the accomplishment of this study; To my Family, Mama Cit, Papa Jun, Mama Ghie, Manoy Entong and Manay Eden and and the others for their their love and and support, support, especia especially lly in in terms terms of finances finances that helped a lot in the completion of this thesis. And Most of all, to God Almighty who provides us a better place on earth to enjoy and explore in our life tenure. R.R.R.

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THESIS ABSTRACT Regala, Rommel Rios “The Implementation of the Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98 by the Municipality of  Donsol”

Summary

The Fisheries Administrative Order No. 193 and the Municipal Ordinance No. 1, S-98 are policies concerning the protection protection and conservation of the endangered gentlegiant whale sharks. sharks. The extent extent of each each measure measure’’s implementation assumed by the Municipality of Donsol in executing such policies prohibiting whale sharks exploitation as the factor in in the actualization of this research. Specifical Specifically, ly, it sought answers answers to the following following sub-problems sub-problems:: 1. What measure measuress were undertake undertaken n by the Municipali Municipality ty of Donsol Donsol in impleme implementing nting the Fisheries Administrative Order No. 193 and the Local Ordinance No. 1, S-98? 2. What is the the extent of of implementat implementation ion of the Fisher Fisheries ies Administ Administrativ rativee Order No. No. 193 and the Municipal Ordinance No. 1, S-98 in terms of Protection and Conservation? 3. What are are the response responsess of the stakeho stakeholders lders of the local local community community in the the implementation of Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98? 4. What can can be recommen recommended ded to improve improve the impleme implementati ntation on of Fisheries Fisheries Administrative Order No. 193 and Local Ordinance No. 1, S-98? The study is deemed importan importantt as it hopes to emphasize emphasize the following following objecti objectives: ves: a. To give insight how the Municipality of Donsol administers the implementation of the ban; b. To give importance on the autonomy of the Local Government of Donsol in

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policy implementat implementation; ion; c. To To indicate indicate the extent extent of the policies policies implementat implementation; ion; d. To To enhance the awareness of the local communities as well as the researcher himself, the students and the whole academe on the preservation and protection of the endangered whale sharks before its extinction; e. To serve as a guide for future students and researchers on the subject which will look deeper into the problem of the implementation of the ban. The descriptive method of research was used in this study. Questionnaire, interview guide and documentary analysis were the data-gathering instruments used in this study. The statistical tools used were weighted mean and percentage techniques. The total respondent respondentss in this study are 150, 150, which have come from various various sectors sectors of the local community of Donsol, Sorsogon. Findings

Based on the analyses analyses and interpretat interpretation ion of the data, the following following findings findings are: 1. On the the measures measures undertaken undertaken by the Municip Municipality ality of Donsol Donsol in impleme implementing nting the Fisheries Administrative Order No. 193 and the Local Ordinance No. 1, S-98.

There are seven (7) measures undertaken in the implementation of FAO 193 and MO 1, S-98. These are programs and projects for the protection and conservation of the endangered gentle-giant gentle-giant whale sharks that includes: Initiation of “Butanding” Conservation Program; Establishment of Community-based Butanding Watching Project; Prohibition on whaling within the territorial waters of the Municipality of Donsol; Regulation of the Whale Shark Interaction Code of Conduct; Implementation of the  project “Protection of Whale Shark and the Municipal Waters of Donsol, Sorsogon”;

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Establishment of the Marine Conservation Park in Donsol and; Support Whale Shark  Photo-Identification Library Library and Enforcement of photo-identification in Donsol. Donsol. 2. On the extent extent of the implem implementati entation on of the Fisherie Fisheriess Administrati Administrative ve Order No. 193 and the Municipal Ordinance No. 1, S-98 in terms of protection and  conservation.

In terms of protection measures for the endangered gentle-giant whale sharks: Most of the stakeholder stakeholderss of the local community community believed believed that prohibition prohibition on whaling and implementation of the protection of whale whale sharks and the municipal waters waters of Donsol, Donsol, Sorsogon Sorsogon was implemente implemented. d. The majority of the responden respondents ts strongly strongly believed believed that photo-identi photo-identifica fication tion of whale sharks in Donsol, Donsol, Sorsogon Sorsogon is partially partially implement implemented ed in the area. In terms of conservation measures for whale sharks initiated by the Municipality of Donsol: Most of the respondents agreed that “Butanding” Conservation Program are moderately implemented and the majority believed that Community-Based Butanding Watching Project was fully implemented and they concluded that the Establishment of  the Marine Conservation Park in in Donsol is not implemented. 3. On the responses responses of the stakeholders stakeholders of the local local community community in the implementation of Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98.

The stakeholders’ responses are weighed in terms of local community’s awareness, compliance and perception regarding local government government’’s political will in the implementat implementation ion of the ban. The majority majority of the respondents respondents are are highly aware aware of the said policies policies concern concerning ing whale whale sharks sharks protection protection and conservati conservation. on. The The local community community

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believed that the compliance of the local community in the implementation implementation of FAO 193 and MO MO 1, S-98 S-98 is high. high. With With regards to the local community’s perception regarding local government’s politic political al will will in the the imple implemen mentat tation ion of the the said said polic policies ies,, the respondents concluded that the local government’s political will is moderate. 4. On

the recommendatio recommendations ns

to

improve improve the

implemen implementatio tation n

of

Fisherie Fisheriess

 Administrative Order No. 193 and Local Ordinance No. 1, S- 98.

The recommendations considered by the Municipality of Donsol to improve the implementation of the FAO 193 and MO 1, S-98, the policies concerning whale sharks protection and conservation include three measures. The first one is imposing heavier penalty for those persons who violate the prohibition on whaling activities in the municipal waters of Donsol; the second is requiring all motorized boats to use propeller guards; and finally, adopting whale shark’s tagging in Donsol, Sorsogon. Sorsogon. Conclusions

Based on the foregoing findings, the following conclusions are given: 1. Concerning Concerning the implementati implementation on of the the FAO 193 193 and MO 1, S-98, the the Municipality of Donsol in partnership with the World Wildlife Fund for Nature  –  Philippines (WWF-Phil) enforced various programs and projects as measures for the protection and conservation of the endangered gentle-giant whale sharks. 2. The enforceme enforcement nt of FAO FAO 193 and MO 1, S-98 S-98 as to protec protection tion and and conservation conservation through through various various programs programs and projects projects differ differ on the extent of their implementation.

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3. The local community’s awareness and compliance in the implementation of the FAO 193 and MO 1, S-98 S-98 is high, and they perceived that local government’s political will in the implementation of the said policies is moderate. 4. The Municipality of Donsol considered three (3) recommendations to improve the implement implementation ation of of the FAO FAO 193 and MO 1, 1, S-98 which include include the following following:: To legislate and implement a policy imposing heavier penalty for those persons who violated the prohibition on whaling activities in the municipal waters of Donsol; To legislate and implement a policy requiring all motorized boats to use propeller guards; and, To legislate and implement a policy adopting whale shark’s tagging in Donsol, Sorsogon. Sorsogon. Recommendations

In the light of the foregoing findings and conclusions, the following recommendati recommendations ons are hereby recommended: recommended: 1. The local government should intensify the implementation of FAO 193 and MO 1, S-98 and other municipal ordinances for the protection and conservation of the whale sharks by involving actively the various sectors of the local community in the measures of implementation of the various programs and projects for the effective enforcement of the said policies. 2. The LGU should consolidate and update all resolutions and ordinances concerning concerning whale shark protection protection and conser conservation. vation. It should impose impose heavier heavier penalties penalties for the the violatio violations ns of the provisi provisions ons and and enforce enforce these strictly. strictly. tagging in Donsol, Sorsogon 3. There should be the enforcement of whale of whale shark’s tagging to establish Marine Protected Areas/Marine Conservation Park that will protect the

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migration routes, feeding sites and breeding sites of the whale sharks and other marine species. 4. The Whale Sharks Interaction Interaction Code of Conduct should be strictly implemented. Butanding Butanding Interaction Interaction Officers Officers must wholeheartedly wholeheartedly observe observe among themselves themselves the strict strict implementation of the said guidelines and be a mo del and better guide to the tourist. 5. The enforcement enforcement of photo-iden photo-identifi tification cation and establis establishment hment of PhotoPhotoIdentification Library in Donsol, Sorsogon should be supported. 6. Linkag Linkages es should should be be streng strengthe thened ned and assis assistan tance ce from from other other concer concerned ned agenc agencies ies and organizations for sustainable sustainable financing system should be sought. 7. Monitoring and feedbacking evaluation evaluation structure should be created.

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TABLE OF CONTENTS PAGE

Title Page………………………………………………………………………………. i Recommendation for the Oral Examination…...............................................................ii Examination… ...............................................................ii Result of the Oral Examination.....................................................................................iii Approval Sheet………………………………………………………………………..i Sheet………………………………………………………………………..i v Dedication……………………………………………… Dedication……………………… ……………………………………………… ………………………..……..v Acknowledgement……………………………………………………………………. Acknowledgement……………………………………………………………………. vi Abstract…………………………………………… …………………………………… …………… .……………viii …………… viii Thesis Thesis Abstract…………………… Table of Contents…………………………………………………………………….xiv Contents…………………………………………………………………….xiv List of Tables……………………… Tables……………………………………………… ……………………………… ……… .….……………xviii …………… xviii List of Figures……………………… Figures………………………………………………………… ………………………………………………..xix ……………..xix CHAPTER 1. THE PROB PROBLEM LEM

Introduction……………………………………… Introduction……………… ……………………………………………1 ……………………1 Problem……………………………………………...6 Statement Statement of the Problem……………………………………………...6 Scope and Delimitation……………………………………………… Delimitation………………………………………………..6 ..6 Significance of the Study……………………………………………...8 Study……………………………………………...8  Notes………………………………………………  Notes……………………… ………………………………………….10 ………………….10 2. REVIEW OF THE RELATED RELATED LITERATURE LITERATURE AND STUDIES STUDIES

Related Literature…………….…………………………………… Literature…………….………………………………………12 …12 Related Studies……………….………………………………………23 Synthesis Synthesis of the the State of the the Art………………….………… Art………………….…………..………29

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Gap Bridged b y the Study………….…..……………………………29 Study………….…..……………………………29 Theoretical Frame F rame Work……………………… Work……………………………………………..30 ……………………..30 Conceptual Framework…….……………………………………..…34 Terms………………………..…………………………37 Definition Definition of Terms……………………… Notes……………………………………………………….………..42 Notes……………………………………………………….………..42 CHAPTER 3. RESEARCH RESEARCH DESIGN AND METHODOL METHODOLOGY OGY

Research Methods…………….….. Methods…………….…..………………………………..48 ………………………………..48 Sources of Data……………………...……………… Data……………………...………………………..……49 ………..……49 Respondents…………….………….………..……………………..49 Used…..……… ……….. ……………….……………50 Instruments to be to Used….. ..……………….……………50 Data Collection Procedure...…………. Procedure...………….………………………..…..51 Statistical Treatment of Data…………………………………… Data………………………………………52 …52  Notes………………………………………………  Notes……………………… ………………………………………54 ………………54 4. THE IMPLEMENT IMPLEMENTATION ATION OF THE THE FISHERIES FISHERIES ADMINISTRAT ADMINISTRATIVE IVE ORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY OF DONSOL

Measures in the Implementation of the FAO 193 and MO 1, S-98 by the Municipality of Donsol………………………………… Donsol………………………………… ..….……...55 ..….……...55 Extent of the Implementation of FAO 193 and MO 1, S-98………65 S-98………65 Responses of the Stakeholders of the Local Commun ity in the Implementat Implementation ion of FAO 193 and MO 1, S-98………… S-98………….....………..75 Recommendations to Improve the Implementation of FAO 193 and MO 1, S-98…………… S-98…………….. ..……………………………… ……………………………… ..……...…80 ..……...…80

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SUMMARY, FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

Summary……………………………………………………..…..83 Findings………………………………………….. Findings………………………………………… ..………………84 ………………84 Conclusions………………………………………..……………..86 Conclusions……………………………………….. ……………..86 Recommendations…………………………………..……………87 Recommendations………………………………….. ……………87 ..…………..89 ..89 BIBLIOGRAPHY………………………………………………… ..………… APPENDICES A

Fisheries Administrative Order No. 193…………….. 193…………… ..… ….……….96 ……….96

B

Municipal Ordinance No. 1, S-98…………………… S-98…………………… ..… ..….……...99

C

Memorandum of Agreement……………………… Agreement………………………… … ..… ..….…….105

D

Resolution No. 16, S-98…………………………… S-98…………………………….. ..…… ……..…....113 …....113

E

…………………… ..……115 ……115 Resolution No. 85, S-2003………… S-2003…………..……………………..

F

Sample & Sampling Technique…….. Technique……..………………………… ………………………….117 .117

G

Interview Schedule……………………………………………..118 Schedule……………………………………………..118

H

Questionnaire…………………………………………………...119 Questionnaire…………………………………………………...119

I

Talatanungan……………………………………………………122 Talatanungan……………………………………………………122

J

…..125 Certificat Certification ion from the the Editor Editor……………………………… .…..125

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LIST OF TABLES

Table

Page

1

Distribution of the Respondents………………………………………50 Respondents………………………………………50

2

Measures in the Implementation of FAO 193 & MO1, S -98..…. 98..….…….56 …….5 6

3

Penalties for MO 1, S-98……………………………………………...58 S-98……………………………………………...58

4

Penalties for FAO 193………………….……………………………..62 193………………….…………………………….. 62

5

…………….....65 Extent of Implementation of FAO 193 & MO1, S -98 …………….....65

6

Responses of the Stakeholders of the Local Community in the Implementa Implementation tion of FAO FAO 193 193 & MO1, S-98……………………...7 S-98……………………...75 5

7

Recommendations to Improve the Implementation of the FAO 193 & MO1, S-98……………………..…………………………….……….. S-98……………………..…………………………….………..80 80

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LIST OF FIGURES

Figure

Page

1

Theoretical Framework……………………… Framework……………………………………………… ……………………….. 33

2

Conceptual framework………………………………………..………36

3

Graph Showing the Prohibition on Whaling within the Municipal Wate Wa ters rs of Donsol……………………… Donsol……………………………………………… ……………………………..66 ……..66

4

Graph Showing the Implementation of the Protection of  Whale Sharks…………………………… Sharks…………………………………………………...……67 ……………………...……67

5

Graph Showing the Support & Enforcement of photo -identification in Donsol……………………… Donsol………………………………………….…………… ………………….………………...69 …...69

6

Graph Showing the Initiation of “Butanding” Conservation Program…………………………………..………………….……..71

7

Graph Showing the Establishment of Community-based Butanding Watching Watching Project………………… Project………………………………………… …………………………………72 …………72

8

Graph Showing the Regulation of Whale Shark Interaction Code of Conduct……………………………………………………….…73 Conduct……………………………………………………….…73

9

Graph Showing the Establishment of the Marine Conservation Park  in Donsol…………………………………………………………...75 Donsol…………………………………………………………...75

10

Graph Showing the Local Community’s Awareness of the FAO 193 and and MO 1, 1, S-98……………………………………………………77 S-98……………………………………………………77

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11

Graph Showing the Compliance of the Local C ommunity in the FAO 193 and MO 1, S-98………………………………………...78 S-98………………………………………...78

12

Graph Showing the Local Local Community’s Perception Regarding Local Government’s Political Will in the Implementation of  FAO & MO 1, S-98…………………………………………….. S-98…………………………………………….....79 ...79

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Chapter 1 THE PROBLEM Introduction 1

“Savin “Savin g l ives ives withi n the se sea”:  the Year of the Ocean’s Ocean’s aim in 1998, the year 

when the Fisheries Administrative Order No. 193 and the Donsol’s Municipal Ordinance No. 1, S-98 were promulgated. Surrounded by waters, waters, the Philippine Islands Islands is rich in natural resources resources coming from the sea. It endows the country’s physical beauty and great wealth. Situated within the tropical zone, the Philippine marine resources are said to lie on the “coral belt” which give give way to infini infinite te coral coral growth growth.. The country’s coral reefs house millions of fish varieties which tender abundant catch that serve as a prime livelihood to many Filipinos. Due to greed, fishermen abuse the sea by using dynamite that results to the death of  schools schools of fish caused caused by the chemical chemical explosion. explosion. They even even prey on some nearlynearlyextinguished fishes that include the whale sharks locally known as butanding. With this rampant abuse of nature by fishermen, the government moved for the protection of this endangered species by imposing a ban on the illegal catching, catching, killing, slaughtering slaughtering and selling of whale sharks. However, this protection has been hampered by continued demand for whale shark’s meat for export, which has resulted to poaching  just to supply 2

Taiwanese and Hong Kong Markets.

 Butanding, scientifically known as “Rhincodon Typus” is the largest of all sharks 3

and of all fish in the world. Despite its massive size and strength, this whale shark is a 4

harmless gentle giant and is being threatened to extinction. Whale sharks have blotches and markings markings on their bodies bodies which which usually is a white polka dot dot pattern pattern on a bluish grey

2 5

background. Originally different, whale shark was classified in a family of zebra and nurse sharks, based on their anatomical similarities. The The whale shark’s reproduction, like their nurse shark cousin, are said to be live bearers. It is thought that whale shark babies developed inside thin, membranous egg cases which are retained in the mothers’s uterus. The embryos embryos hatch hatch and complete complete development development in the the uterus uterus upon being born. born. Yet, it it is still unknown where and when the whale wh ale shark gave birth, or what early earl y life is like for the 6

pups. The whale sharks are mainly migratory but they are usually found throughout tropical and temperate waters of the world including Philippines and Australia. It appears o

that they prefer areas where the surface temperatures is 21-25 C, with cold water of less o

7

than 17 C or less upwelling which condition is optimal for the production of planktons.

The butanding is one of the few sharks with its its mouth at the tip of the snout rather than 8

on the underside, which are usually feed by planktons. While swimming, its mouth is widely open to the whole width of its head and inhales plankton with water. The 9

planktons are then filtered filtered through the combs of the shark’s grills. In the Philippines, the place for the sight-seeing of this lovely creature is Donsol, Sorsogon. However, some cruel local fishermen are considered threats to the existence of butanding. The butandings are known to be among the gentlest and most playful creatures of  the sea. They are also a curious animal that sometimes turns around to look at the boat 10

that passes them by, leading them to be caught by the cruel fishermen. They are gentle creatures and are so easy to catch particularly when the waters are shallow shallow and the shark  cannot dive deep. The numerous whales are being endangered and would soon be extinct. There are many reports of hunting and killing of the gentle-giant butanding by local fishermen and commercial fishing company in the country particularly in the shores of 

3 Bohol, Misamis Oriental Oriental and Sorsogon, Sorsogon, some of the few places where these migratory whale sharks sharks are frequently frequently spotted. spotted. Their Their meat meat is exported exported to other countries countries like like 11

Taiwan, where shark fins are in high demand.

The fins serve as the main ingredient in

the shark-fin shark-fin soup. The shark’s skeletons are dried and processed for use in fertilizer and on animal feed. The squalene, an oil extracted from the shark’s liver is used to treat burns 12

and as a base for cosmetics.

As catching, catching, selling, selling, and killing killing of whale sharks becames becames

the habit of the cruel fishers, the government banned the exploitation. Sorsogon, one of the six provinces of the Bicol Region is a peninsula in the southernmost tip of Luzon Island facing the Pacific Ocean. Sorsogon Sorsogon has scattered plains and valleys. It is a majestic land of volcanic terrain, marshy undergrowth, orchidfestooned woods, and is known for for its majestic beaches that are very nearly like Boracay with its white sand shore. Sorsogon has a total pristine quality, which tourists are longing for in in a dream dream vacation. vacation. This place boasts a green and lush lush mountain mountain forests forests which are sanctuary to rare flora and fauna and the bountiful and crystal-clear waters that showcase magnificent coral reefs and tropical fishes that includes the whale sharks. Sorsogon, considered as one big eco-tour paradise has one-of-a kind Pacific adventure as the place is almost almost completely completely surrounded surrounded by water water that offer offerss exciting exciting coastal coastal and sea-based sea-based ecotour activities or aqua sports like scuba-diving, snorkeling, deep-sea fishing, surfing and jet-skiing. The province also offers a land based ecotour activities particularly the breathtakin breathtaking g trek in the Bulusan Mountain Mountain and the agro-forestry tour tour in the Pili tree 13

plantation where the province is widely known for its pili nuts.

Along with, the town of Donsol is one of the beautiful water spots of Sorsogon. Donsol is known for its beautiful coastlines that have become a haven not only for beach-

4 loving tourists but also for whale sharks hunting for food.

14

Donsol’s terrain is hilly and

15

The Municipality of Donsol is a fishing and agricultural town of 

16

Popular Popular fish varieties varieties here here include the espada, espada, tulingan, tulingan, tanguige tanguige

occasionally plain.

37,672 inhabitants.

and among others. There are also crabs and lobsters that are caught straight from the sea. 17

The main crops are abaca, pili, rice and coconut. The Donsol sea is a virtual soup bowl of the microscopic plankton and krill, that makes the water appears murky and graycolored but most appealing to the gentle-giant whale sharks. This gentle-giant which is locally known as butanding arrives in the water of Donsol from many parts of the world during the the last quarte quarterr of every year year for the the hunt of food. food. The sea of Donsol Donsol produce produce more than enough plankton and krill to feed a huge number of these world’s biggest fish.

18

However, the local fishers catch or even kill this harmless gentle creature for they believe this is a pest that scares and sends-away these little fishes which are a possible catch for these fishermen. Hunt of food for local consumption and the demand of the th e whale’s dried meat for export in the neighboring countries like Taiwan are the other reasons that drive the local fishers to hook for the gentle-giant butanding. Equipped with only a steel hook, the so-called so-called “hookers” catch their prey by jumping on the whale shark’s back. To ensure the protection and conservation of the whale-sharks, the local government had worked with the the World Wildlife Wildlife Fund for for Nature Nature - Philippine Philippiness to declare declare the town town as a sanctuary sanctuary 19

for the gentle-giant whale sharks.

Considered before as a sleepy town of Sorsogon,

Donsol has surprisely gotten its name to be known world wide as the whale shark  destination since 1998. On March 25, 1998, the Philippine Department of Agriculture issued Fisheries Administrative Order no. 193, calling for the protection and conservation of this marine

5 mammal. Fishing and killing of whale shark is now punishable under the law. In line with th

this, this, on the the 27 of March 1998, three days after the promulgation of the national ban on taking or catching, selling, purchasing and possessing, transporting and exporting of  whale sharks and manta rays, the Local Government of Donsol enacted enacted Ordinance No. 1, S-98 which totally bans the whaling activities within the territorial waters of the Municipality of Donsol. This study is about “The Implementation of the Fisheries Administrative Order  98 by the Municipality of Donsol” Further, F urther, the No. 193 and Ordinance No. 1, SS-98 researcher would like to find out the measures undertaken by the Local Government of  Donsol for the protection and conservation of the whale sharks in regard with the policy banning the butanding exploitation and to know the extent of its implementation. Specifically, the research hopes to emphasize the following objectives: (a) To give insight how the Municipality of Donsol administers the implementation of the ban; (b) To give importance on the autonomy of the Local Government of Donsol in implementing a national policy; (c) To indicate the extent of its implementation; (d) To enhance the awareness of the local communities as well as the researcher himself, the students and the whole academe on the preservation and protection of the endangered whale sharks before its extinction; (e) To serve as a guide for future students and researchers researchers on the subject subject that will look deeper deeper into the problem problem of the implementatio implementation n of  the ban. Since “we are all part of the of the world’s wildlife , if the the wild loses loses its its life, life, so will we.” we.” Protecting and conserving the endangered whale sharks are merely protecting

6 ourselves. The researcher believes that the implementation of the ban contributes in helping “build a future where Filipino’s live in harmony with nature.”

20

Statement of the Problem

This research research determined determined the implementati implementation on of the Fisheries Fisheries Administrati Administrative ve Order No. 193 and the Municipal Ordinance No. 1, S-98 by the Local Government of  Donsol particularly for the protection protection and conservation of the whale sharks within its territorial water. Specifical Specifically, ly, the study sought answers answers to the following following sub-proble sub-problems: ms: 1. What measure measuress were undertake undertaken n by the Municipali Municipality ty of Donsol Donsol in impleme implementing nting the Fisheries Administrative Order No. 193 and the Local Ordinance No. 1, S-98? 2. What is the the extent of of implementa implementation tion of the Fishe Fisheries ries Adminis Administrati trative ve Order No. No. 193 and the Municipal Ordinance No. 1, S-98 in terms of Protection and Conservation? 3. What are are the response responsess of the stakeho stakeholders lders of the local local community community in the the implementation of Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98? 4. What What may be reco recomme mmend nded ed to impr improv ovee the the impl implem emen enta tati tion on of Fish Fisher erie iess Administrative Order No. 193 and Local Ordinance No. 1, S-98? Scope and Delimitation

The study focuses on the implementation measures by the Local Government of  Donsol in executing the Fisheries Administrative Order No. 193 and the Municipal Ordinance No. 1, S-98, the policies which forbid taking or catching, selling, purchasing and possessing, transporting and exporting of whale sharks. The study tackles the

7 protection and preservation measures for the gentle giant butanding, and the ban that totally forbids whaling within the territorial waters of the Municipality of Donsol. The resear researcher cher look lookss furthe furtherr on the exte extent nt of the the implementation and the local community’s responses responses to these measures. measures. The study also also sought recommendat recommendations ions that could could be adopted to improve the protection and conservation measures for these gentle-giant whale sharks. Fisheries Administrative Order no. 193 actually covers the ban on the exploitation of whale sharks sharks and manta rays, rays, however, manta manta rays as a subject of the research research is excluded excluded in this study. study. Assessing Assessing the butanding eco-to eco-touri urism sm activit activities ies is not includ included ed in this study because tourism is another subject for research. The time frame frame of the study is from from 1998 to 2006. This study involves only the Office Office of the the Mayor Mayor of the Muni Municip cipali ality ty of Donso Donsol, l, the Sanggun Sanggunian iang g Bayan, Bayan, law law enforcement officers (the local Police) Police) and the local community of the selected coastal barangays. With the recommendation of the Bureau of Fisheries and Aquatic Resources (BFAR), the Department of Agriculture (DA) enacted the Fisheries Administrative Order No. 193, and the World Wildlife Fund for Nature –  Nature – Philippines Philippines (WWF-Phil.) entered into an agreement with the Municipality of Donsol for the protection of whale sharks in the territorial waters of Donsol, Sorsogon. However, their views in this study is not included for the reason reason that the research research only focused on how the local government implements certain policies.

8 Significance of the Study

This study is deemed important for it would benefit the following people and agencies: The Local Local Governm Government ent of Donsol. Donsol. The results of this study will provide the

administra administrators tors and personne personnell of the Municip Municipality ality of Donsol Donsol and other local government government units with additional information and insights on the proper, efficient and effective implementation of certain policies for the protection and conservation of the endangered species like the whale sharks. The Local Community of Donsol. For the local community, this study will help

them know the real real situation situation of the whale whale sharks sharks and their importance importance as endanger endangered ed species, species, and to raise the awareness awareness on how they have to stop catching, catching, selling, selling, killing killing and slaughteri slaughtering ng this gentle gentle marine marine mammal. mammal. Instead, Instead, they will have to protec protectt and conserv conservee this near-to-be-extinct species. The The Rese Resear arch cher ers. s. To the researcher himself, being a public administration

student as well other social social researchers, this study will teach teach them to be conscious of the laws, policy making and policy policy implemen implementatio tation. n. Furthermor Furthermore, e, this this will enhance enhance their awareness on the importance of the autonomy of a certain local government unit in implementing certain policies. The researcher will enlighten the mind of his classmates classmates and other students students and inculcate inculcate the the wisdom that he had had learned along the way while while doing this research. The The Acade cadem me. To the academe, it will encourage them to share what the

researcher researcher have learned learned in the study and and discuss discuss these in the classes classes in order to raise raise the importance importance of the proper, proper, efficient and effective effective implementat implementation ion of certain policies policies by the

9 local government unit and also to give emphasis on the protection and conservation of the gentle giant butanding. The NGO/Governm NGO/Government ent Agencies. Agencies. Non-governmental organizations and national

government government agencies, agencies, other than than those which which are presently presently coordinati coordinating ng with the Municipality Municipality of Donsol Donsol in implementing implementing the policies policies for the protection protection and conservation conservation of the endangere endangered d whale sharks sharks,, they may lend lend their assista assistance nce in terms terms of financi financial, al, physical and moral support in organizing, training and mobilizing a genuine enforcement crusade to increase the awareness and establish the need to protect and conserve the nearto-be-extinct whale sharks and other marine resources. The Readers. This study will also promote and orient the readers about this

wonderful creature, the butanding, and how this homogeneous animal gives the Philippines another positive recognition. The Field of Public Administration. This study provides for public

administration researchers and practitioners, the data concerning environmental policy implementation by certain local government unit, specifically the enforcement of the policies concerning the protection and conservation of the whale sharks.

10 NOTES 1

“WWF“WWF- Philippines - Kabang Kalikasan ng Pilipinas, Annual Report 1998,” Quezon City: WWF-Philippines, c. 1995. 2

“Consideration of Proposals for Amendment Amendment of Appendices I and II,” www.cities.org. 3

New Standard Encyclopedia (S-Slu) Volume 15, Chicago: Standard Educational Corporation, c. 1993. 4

“WWF“WWF- Philippines - Kabang Kalikasan ng Pilipinas, Annual Report 1998,” Quezon City: City: WWF-Philippin WWF-Philippines, es, c. 1995. 5

“Whale Shark: The Biggest Fish in the World,” (Province of Sorsogon: Donsol Town, Feeding Ground of Butanding, Local Name for Whale Sharks), FANTASHIRT, TM & © 2000 ARCHVISHOP ∞9 Inc. All rights reserved. 6

Zmarshley, Debbie, “What image springs to mind when you hear the word shark?” (Birch Aquarium), www.aquarium.uscd.edu 7

“Wha “Whale le Shar Shark k – Rhin Rhinco codo don n typu typus, s,”” (UNE (UNEPP-WC WCMC MC,, 2004), 2004), www. www.une uneppwcmc.org 8

New Standard Encyclopedia (S-Slu) Volume 15, Chicago: Standard Educational Corporation, c. 1993. 9

“Whale Shark: The Biggest Fish in the World,” (Province of Sorsogon: Donsol Town, Feeding Ground of Butanding, Local Name for Whale Sharks), FANTASHIRT, TM & © 2000 ARCHVISHOP ARCHVISHOP ∞9 Inc. All rights reserved. 10

Severino, Howie G., “Proposal to list species as endangered at CITIEs meeting expected to be rejected,” (Balik -Kalikasan -Kalikasan,, 2000), www.bwf.or www.bwf.org g 11

Pazzibugan, Donna, “Whale Sharks Receive Protection in the Philippines,” (Philippine daily Inquirer, 1998), www.flmnh.ufl.edu 12

New Standard Encyclopedia (S-Slu) Volume 15, Chicago: Standard Educational Corporation, c. 1993. 13

Royce Ambrocio, (Marco Polo Publications, 2001), www.travelwriters.com

14

WhaleShark Watching,” (Mind’sPixel, Inc., 2001), www.onthemap.com.ph

15

“Donsol at a Glance” (The Official Website W ebsite of Municipality of Donsol, 2002), www.donsol.gov.ph

11 16

“Population Projections: Projected Provincial and City/Municipal Populations Province of Sorsogon,Region V, 1998-2005,” 1998-2005,” (National Statistics Office: nscb5 online), www. nscb.gov.ph 17

Magno, Leo, “Butanding Watching Season in Sorsogon,” (Philippine Daily Inquirer, 2001), www.palawan.com 18

WhaleShark Watching,” (Mind’sPixel, Inc., 2001), www.onthemap.com.ph

19

Ibid.

20

“WWF“WWF- Philippines - Kabang Kalikasan ng Pilipinas, Annual Report 1998,” Quezon City: WWF-Philippines, c. 1995.

12 Chapter 2 REVIEW OF THE RELATED LITERATURE AND STUDIES

This chapter presents the review of related literature and studies. The researcher gathered related documents printed in journals, books, thesis, dissertations and other pertinent documents published through internet locally and abroad. Related Literature

Government, being the most authoritative and comprehensive institution in a society, must perforce provide leadership and direction in development and 1

environmental protection activities. The national government along with the local government units must have a great concern and must have something to do to protect and conserve the environment from exploitation of human being. Exploitation from human being? Yes!

2

“I have seen the enemy and he is us.” Man is no other than the

threat for the environment. And the ultimate role of the state is to mediate these human interaction with the environment, since state has been always closely intertwined with the management of local environment on which the state itself, itself, and the people they govern 3

have been dependent. This provides that the government’s role in protecting nature is vital as it is emphasized emphasized in the present present study, study, the role o the local government government of Donsol Donsol in protecting and conserving the whale sharks through implementation of FAO 193 and MO1, S-98. De Guzman pointed out that policy formulation and standard-setting usually belongs to the national government while policy implementation and enforcement is 4

directed mostly to the local government units where they are found more effective. The first thing to be considered in the environmental protection in the community is mainly

13 5

based on its legislation. To have have more more effective effective implementat implementation ion we we must must first first start start it right, doing it right in the policy formulation. When it comes to policy implementation, “Local governments can do things 6

differently –  differently – and and better – better – at the local level given adequate powers and authorities.” Since local government is usually closer and direct to the people than the national government, these local units are more attentive, active and effective in the implementation of  environment protection and conservation policies. To add with, most of the local executives executives throughout throughout the country country are enthusiast enthusiastic ic and feel that it is correct correct and politically expedient to focus on the environment. The Philippine Constitution is the foundation of such policies on protection and conservation of the natural resources like the ban on the exploitation of the butanding. The followi following ng are are the sections sections in the the 1987 1987 Constituti Constitution, on, which which are relevant relevant to the 7

protection of the endangered whale sharks:

Art. II, Sec. 16. The state shall protect and advance the right of the

people to a balanced and healthful ecology in accord with the rhythm and harmony of the nature. Art. XII, Sec. 2, Par. 2.

The State shall protect the nation’s

marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. Since local government is the one directly responsible for the protection of its environment, local legislation and implementation of the policies concerning whale

14 shark’s protection and conservation is mainly guided by the Philippine Local 8

Government Code as stated in sections:

Sec. 16. General Welfare. - Every local government unit shall

exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental of its efficient efficient and effective effective governance,. governance,... .. enhance the right right of the people to a balanced balanced ecology,... ecology,... and preserve preserve the comfort comfort and convenie convenience nce of the inhabitants. Ser vices and Facilities, - For a Sec. 17, Par. 3, Sub-par. 1. Basic Services  Municipality: Local government units shall endeavor to be self reliant and

shall continue exercising the powers and discharging the duties and functions functions currently currently vested vested upon them... them... (2) (I) (I) Extension Extension and on-site research services and facilities related to agriculture and fishery activities... and enforcement of fishery fishery laws in municipal waters including the conservation of mangroves. The whale sharks are globally rare. Prior to mid-1980s, there were only 350 9

confirmed reports of whale sharks population worldwide. Being migratory in nature, they travel across the oceans of the world, usually waters close to equator, though most significant numbers had been sighted in the waters of Donsol. These whale sharks, 10

locally locally known as “butanding” visit the Donsol sea from November to May.

It was

confirmed that the territorial waters of the Municipality of Donsol is one of the few places in the world where whale shark can be easily spotted in large numbers.

15 With the publications and spread of news regarding the gentle giant whale sharks, these specie speciess had been threate threatened ned to extinction extinction in in Donsol and Visaya Visaya provinces provinces due to killing, with permission from the local barangay chief.

11

Former Environment Secretary

Angel Alcala said he received information that whale sharks are slaughterd in Pilar, 12

Sorsogon with permission from the barangay captain. 13

the whale whale sharks use use spears, spears, gaffs and and dynamites. dynamites.

In Bohol, Bohol, traditi traditional onal hunting hunting of 

Brigada siete, a public affairs TV

program of GMA7 reported whale shark hunting is very much alive in these islands.

14

The whale shark had been long traditionally traditionally hunted for for local consumption, mostly by subsistence fishermen in Asia.

15

This information shows that ever since whale sharks

were were to hun hunte ted d by the the cru cruel el fis fisher hers, s, and and this this hav havee inte intens nsif ifie ied d by the the spr sprea ead d of news news reports regarding these species. Jamoralin, Jamoralin, asserte asserted d that in March March 1998, there there were around around seven (7) whale shark  shark  that have been caught and slaughtered in Sorsogon. Sorsogon. Their meat was chopped on the beach and reportedly sold for P10,000 each to Taiwanese fishing firms, which resells the meat 16

as much as P800,000. But why do fishermen fishermen slaughter slaughter and trade whale whale sharks? Whale sharks are caught for their meat, fins, liver, cartilage, skin and viscera.

17

High demands

for the shark fins give the local fishermen an opportunity to augment their meager income in come 18

from fishing when the demand goes high. The annual volume of whale shark meat sold through the Taipei Taipei fishery product wholesale mar market ket more than doubled between 1998 19

and 2000, reaching 60 tons in 2000.

Those reports reports confirmed confirmed that that whale sharks sharks are

being exploited mainly for trade, with promising high income derived from the sell of its meat. That That is why many many local local fishermen fishermen are used to catching, catching, slaught slaughtering ering and and trading trading these endangered marine species. The exploitation of whale sharks led to the steady

16 decline of their population in the country, particularly in Donsol where there are more 20

than hundreds hundreds reportedly reportedly killed killed in the place. place. On the contrary, some report contends that in Donsol, whale sharks have never been put into hunting, even if they destroyed sometimes fishing nets and screw propellers.

21

Well We ll,, wha whate teve verr is is the the trut truth h the the 22

disappearance of the whale shark could affect the ecological and marine-eco-chain. We have to conserve and protect these marine species to have healthy environment and healthy human life. The researcher believes having a healthy environment is having healthy life. Severino, accounted that some ecologist are trying to convince fishermen that 23

whale sharks can have even more value alive than dead.

Like in several countries such

as Australi Australia, a, Seychelles, Seychelles, Thailan Thailand d and Philippine Philippines, s, some of of the protected protected whale shark  shark  sites attract divers and snorkelers snorkelers from around the the world. And yet due to its migratory migratory habits, the whale sharks are difficult to protect.

24

However, some countries have already

been protecting protecting the whale sharks. sharks.

In the Philippines, whale sharks being killed in the shores of Sorsogon may be able to breathe breathe a little little easier easier now that that the the governme government nt has banned the killin killing g and sale of  whale sharks sharks.. As Department Department of Agricultur Agriculturee Secretary Secretary Salvador Salvador Escudero Escudero III III finally finally signed the Administrative Order No. 193, Series of 1998, upon the recommendation of  Director Dennis Araullo of the Bureau of Fisheries and Aquatic resources, making it unlawful to catch, sell, purchase, possess, transport and export whale shark. 25

Pazzibugan,

also reporte reported d that a few weeks weeks after after the promulgati promulgation on of FAO 193, 193,

the Donsol Municipal Council passed an ordinance totally banning whaling and declaring their municipal waters as sanctuary for whale shark. Yes, this ordinance made catching

17 and selling selling of whale sharks sharks in in Donsol Donsol illegal, illegal, and the the local local government government as the one to to enforce it. The implementation of Ordinance No. 1, S-98, which prohibits whaling activities activities in in Donsol Donsol was simult simultaneously aneously associated associated with with a program program developed developed for for the 26

purpose of promoting ecotourism with this shark species.

With the implementation of 

the Fisheries Administrative Order No. 193 together with the Municipal Ordinance of  Donsol, Donsol, the researcher researcher hopes for the total conservatio conservation n of whale sharks that bring positive positive recognition not only in Donsol but all over the country as a whole. In some other countries, hunting and trading of whale sharks are already banned in their territorial waters. waters. In Australi Australia, a, Environment Environment Ministe Ministerr Robert Robert Hill, had had listed listed the whale whale shark shark as nationally threatened under the Environment Protection and biodiversity and Conservation Act. Australia also supports listing of the whale shark under th e Convention on Internationa Internationall Trade in Endangered Endangered Species Species (CITIES), (CITIES), which which will help promote promote international efforts to protect the species.

27

In India, India, the government government banned fishing fishing and and

trade of whale sharks in May 2001 by listing it in the Schedule-1 of the Wildlife Protection Act. The The Wildlife Trust of India (WTI) (WTI) also launched a project to save save the 28

whale shark along the Gujarat coast.

Some non-governmental-organization like the

World Wide Fund for Nature (WWF) is working to protect whale sharks around the world. Institutionalizing Institutionalizing networks networks may produce more coherent effective environmental 29

policies.

In 1999, WWF led the conservation community’s successful effort to establish

a global plan of action for shark conservation at the United Nations Food and Agriculture Organization. Now WWF is working to secure effective implementation of the plan of  action by reporting an overall adherence to plan objective by states and regional fishing 30

organizations, and by intervening in selected key fisheries in the Pacific.

In the

18 es Development Center and Surigao’s regional office Philippines Philippines,, Southeast Asian Fisheri Fisheries of the Bureau of Fisheries and Aquatic Resources, in collaboration with its central office conducted researches and gathered baseline data of sharks sharks status in the Philippines after after the Convention International on the Endangered Species passed a resolution calling for comprehensive approach to save the whale shark from extinction. Locally and internationally the whale sharks are already protected in some places due to legislation of  policy prohibiting illegal activities to these gentle-giant species. Hopefully these policies would be implemented strictly and seriously.

In terms of implementation of the policies concerning whale shark protection and conservation, whether it is effective or not-effective, the following reports are gathered as reference. In the Philippines, where fishing for the whale sharks is prohibited, poaching 31

still persis persists; ts; and we need more expanded expanded efforts efforts to enforce the ban.

According to

reports, the execution of Fisheries Administrative Order No. 193 has been ignored by local fishers fishers in Donsol, Donsol, as a few days after after it was issued, another another whale shark shark was caught in Donsol and towed out of Municipal waters to Masbate for butchering.

32

Ding

Manrique, Manrique, chairman chairman of Task Force Sagip Kalikasan Kalikasan - Bantay Karagatan Karagatan (TFSK-BK) (TFSK-BK) said “Pangulong,” a fleet of armed illegal fishing vessels, which continues to operate in Donsol will greatly affect the whale sharks because it operates directly directly in the municipal waters, waters, that that destroy the feeding feeding ground of the the butanding. butanding. Why do such such exploitatio exploitation n of  whale sharks sharks continue continue despite despite policies policies prohibit prohibiting ing its slaughter slaughter and and trade? trade? Is this this an indication of non-effective implementation by the local government of Donsol of the policy concerning whale shark protection and and conservation?

19 33

Lorejo,

wrote in his report that some regional police intelligence officers were

seen chatting with crewmen of boats allegedly engaged in illegal fishing. How intimate transaction that is are they to chat with each other other?? Is there some “hidden illegal” transaction happening? Sorsogon provincial board member and environment committee chair, Rebecca Aquino said “We can’t help thinking that there are protectors of illegal fishing activities in Donsol.” It was already confirmed that there is still exploitation occurring in Donsol. And it was worst to know, that some government officials are among the protectors of illegal fishing in the place. With the the continuing continuing exploitati exploitation on of whale shark shark despite despite laws prohibit prohibiting ing catching, slaughtering, selling and transporting transporting these gentle-giants, the government both local and national must must urge and continue pushing the implementation of the ban strictly strictly and seriously. seriously. Environment Environmental al activists activists are asking the government government to stop illegal illegal fishing in Donsol, Donsol, Sorsogon, Sorsogon, and and they warned that that unless unless illegal illegal fishing fishing is stopped, stopped, the whale whale shark  shark  would leave leave the area and could put an end to tourism tourism industry industry that helped helped this town 34

surviv survived ed economi economicall cally. y.

In addition, the fishermen, local community, and even local

officials of the Municipality of Donsol asked President Gloria Macapagal-Arroyo to help them put an end to these rampant illegal fishing in their town and act on the apparent lack  of concern of local police officials.

35

In Masbate, Maria Ong Ravanilla, Department of 

Tourism, Bicol regional director, have asked the local chief executive of this coastal town of the province province to implement implement Administrat Administrative ive Order No. 193 to insure insure the protection protection of the whale shark from poachers. In In response, Mayor Socrates Tuazon has filed charges against two fish fisherm ermen en who were were caught caught using using dynami dynamite te at a group group of whale whale sharks sharks that that were 36

spotted at Barangay Titong, Masbate on May 20, 2003.

20 Back in the province of Sorsogon, the WWF-Philippines, together with Donsol local government, local police, women groups, and fishing communities, set up the Task  Force Sagip Kalikasan (TFSK), which regularly monitors the municipal waters,  –  fishing by industrial nets particularly against illegal pangulong or purse seine fishing fishing –  that encircle schools of fish at one time. The project is programmed to extend counterpart support on marine protection and conservation, including coastal law enforcement until 37

2008.

General Santiagio Prejido of the Philippine Army said that they are studying the

terrain of Donsol to secure the area and intensify the preservation of these endangered species. Most surprisingly residents here are in fact very cooperative in the pursuit of   protecting their very own environment, as the “villagers and fisherfolks learned how to protect their environment environment particularly the marine resources’ said Rommel Paje, Donsol’s 38

municipal agriculturist.

As fishing of whale shark is prevented with the effort of 

implementing seriously the ban on catching, slaughtering and selling these gentle-giants of the sea, eco-tourism emerge as significant numbers of whale sharks are still spotted in the area. With assistance from the US Agency for International Development and the United Nations Nations Developme Development nt Fund, the World World Wildlife Wildlife Fund Philipp Philippines ines is able to train train Donsol’s local local community in viewing techniques to protect the whale sharks. The guidelines guidelines only only allow allow one boat boat per encounte encounterr and no more more than than six tourist touristss in a boat. Scuba gear is not allowed as bubbles may disturb the whale sharks. Tourists are not allowed allowed to block the path of the whale whale shark. They are not not even allowed allowed to touch or harass it.

39

It is nice nice to hear that that these concerned concerned people people and agencies agencies have acted to

pursue the protection and conservation of the endangered whale sharks.

21 The following are the “Whale Sharks Protection and Conservation Acts” Acts” initiated by the National National Government Government and the the Local Governme Government nt of Donsol: Donsol: Fisheries Administrative Order No. 193. The discovery of whale sharks in

Donsol, Sorsogon resulted to some reports on hunting and killing of these endangered species by local fishermen and commercial fishing company to be exported to other countries particularly Taiwan. The incident got a media mileage resulting resulting to a national outcry that led to the issuance of the Department of Agriculture’s Fisheries Fi sheries Administrative Order No. 193 on March 25, 1998, banning the taking, catching, selling, purchasing, possessing, transporting or exporting of whale sharks and manta rays to the establishment of a complete ban for the fishery and trade of whale sharks in the country. Municipal Ordinance No. 1, S-98. On March 27, 1998, an ordinance was passed

totally banning whaling activities within the territorial waters of the Municipality of  Donsol, Sorsogon.

This provides for safe-guarding of the whale sharks, stating that

Local Government shall initiate a “Butanding” Conservation Program in order to heighten public awareness of the butanding’s near -extinction, -extinction, establish protected areas and raise funds. The ordinance prohibits prohibits hunting, capturing capturing or catching, slaughtering, transporting, harming or hunting, disturbing or harassing the whale sharks at anytime and in any part of the territorial waters of the Municipality of Donsol, Sorsogon. Municipal Resolution No. 16, S-98. In late 1997, a local diving enthusiast

discovered a large aggregate of whale whale sharks in Donsol, Sorsosgon and reported it to World Wildlife Fund –  Fund  – Philippines, Philippines, which drastically changed conservation directions of  whale sharks in the country.

22 Sometime in February 1998, a group of American scientists visited Donsol and conducted movement studies of the whale shark population, wherein, high sighting rate of whale sharks sharks led them to recommend the the area as a sanctuary.

As well as, local

fishermen complaints about the rampant commercial fishing in nearby water of Donsol which has has resulted resulted in the the slaughter slaughter of some of the the whale sharks. sharks. Likewise Likewise awareness awareness that conservation of whale sharks could develop ecotourism in the area and improve the income of the the local folks folks triggered triggered the administrat administrators ors of Donsol Donsol to declare declare its municipal municipal water as protected area for whale sharks. On March 9, 1998, with a lot of inputs and assistance from World-Wildlife Fund-Philippine and other stakeholders in the area, the Mayor declared the municipal waters of Donsol as a whale shark sanctuary through Municipal Resolution No. 16, S-98, making Donsol the first and only municipal whale shark sanctuary in the Philippines. Municipal Ordinance No. 99-002. On February 15, 1999, Mayor Jerome F.

Alcantara approved an ordinance that regulates the entry of all kinds of vessels not registered in the municipality. Entering, mooring mooring and anchoring anchoring within the territorial territorial waters of Donsol being used by tourist for whale sharks interaction and for other related purposes such as but not limited to snorkeling, scuba diving, swimming, sightseeing, and research. research. The provisio provision n aids in the protection protection and and conservation conservation of whale whale sharks sharks within within the municipal waters of Donsol. Municipal Resolution No. 85, S-2003. The water of Donsol is a virtual soup

bowl of the tiny plankton and krill that serves as attraction attraction for whale sharks in their hunt for foods. The sightings of the huge numbers of butanding in in Donsol occurred and had been published both in local and foreign print and broadcast media have resulted in the

23 influx influx of local and foreign foreign tourists tourists thereby thereby bringing bringing in additional additional revenue revenue to the municipal coffer in particular and the constituencies in general. In order to preserve and conserve the whale sharks and for them to stay in the municipal water of Donsol, the local administrator ensures that plankton and krill that serve serve as food for whale sharks sharks will still be abundant abundant,, declared declared the municipal municipal waters of Donsol, Donsol, Sorsogon Sorsogon

as fish fish sanctuary sanctuary

through Resolution No. 85, S-2003 on November 7, 2003. Municipal Resolution No. 97, S-2005/Municipal Ordinance No. 41, S-2005, Sec. 34. On March 13, 2006, a resolution was passed enacting a municipal ordinance

providing for the management, conservation, development, protection, utilization and disposition of all fish and fishery/aquatic resources within the municipal waters of  Donsol, Sorsogon. Section 34 of the ordinance provides for the protection of the whale sharks in the municipal waters of Donsol by establishing a marine conservation park that will totally restrict human activities in the territorial waters that will directly and indirectly affect the whale shark population. By implementin implementing g strictl strictly y and and serious seriously ly the policie policiess concerning concerning whale sharks sharks protection, protection, whale whale sharks sharks are are safe and and be saved from possibl possiblee extinction. extinction. The presence presence of  whale sharks sharks is a strong strong indicator indicator of the the health health of of our seas. When they are are around, around, it 40

means our oceans and waters are in good health.

People People have have to prot protect ect natu nature re as as they

protect protect themselves. themselves. Related Studies 41

Branstetter,

emphasizes in his case study concerning management of the United

States Atlantic Shark Fisheries, that the state regulation, which is through rules, laws, proclamation, etc., can be more strict and may ignore federal regulations. Whereas,

24 enforcement is accomplished through state and federal cooperation. In our country, local government’s laws are in accordance with the national government laws, the Philippine Constitution in particular. With regards to implementation, the implementation of FAO 193 and MO1, S-98 by the Municipality of Donsol for example, the local government may enforce laws with general supervision of the executive branch of the government, to ensure ensure that the acts are within within the scope of the prescribed prescribed powers powers and functions. functions. 42

Payonga,

in his study assessed the measures of implementation by maritime

related agencies in enforcing maritime laws in Metro Manila. It It aimed to determine the level of effectiveness effectiveness of these maritime agencies in doing their their functions in enforcing those laws. laws. Meanwhile, Meanwhile, the present present study study also aimed aimed to measure measure how effective effective the local local government government of Donsol Donsol was was in enforcing enforcing the FAO FAO 193 and its its own ordinance ordinance in in the protection and conservation of whale sharks in its municipal waters. The most significant differ difference ence of the the previ previous ous study study and the pres present ent study study is is in term termss of its its scope. scope. The previous study is on a national level having national agencies involved in the implem implement entati ation, on, while while the the pres present ent study study is is just just focuse focused d on loca locall governa governance nce of a government unit. 43

Dedina and Young,

in their study concerning concerning conservatio conservation n and development in

the gray whale lagoons of Baja California Sur, Mexico, emphasizes that since environmental measures articulated by the national and international institutions are ultimately mediated at at the local level, the habitat protection cannot succeed without the tacit cooperation of the local communities involved. The importance of local initiatives and participation in environmental protections are specified in in the present study and have

25 been given adequate emphasis since local authority and the local community themselves are the best persons to solve local problems. Donor,

44

in her study study emphasized emphasized that there there is an urgent urgent need need to create create an

organized organized body specifically specifically tasked to take take charge charge of of the the implement implementation ation of policies policies concerning protection and conservation of the marine species. As laws should be implemented fully and strictly, it is necessarily to involve in the body, the barangay officials and non-governmental organizations and other sectors concerned. The Municipality of Donsol in implementing effectively the Fisheries Administrative Order No. 193 and its Ordinance Ordinance No. 1, S-98 has created created the Task Force Force Sagip Kalikasan Kalikasan (TFSK) that regularly monitors the territorial waters against illegal fishing to extend its sense of duty in marine protection, conservation and coastal law enforcement. 45

Mendoza,

accentuated accentuated in her study the strengtheni strengthening ng of linkages between between and

among government agencies, non-government organizations and private foundations or professional organizations directly or indirectly concerned with particular program implementation. Every implementation, cooperation among various sectors is significant. In the present study, the Municipal Government o f Donsol entered into a memorandum of  agreement agreement with the World World Wildlife Wildlife Fund Fund for Nature Nature  –  Philippines, to render mutual support, cooperation and implement the protection and conservation of the whale sharks in the territorial waters of Donsol. Ali et al,

46

in their case study concerning management of shark fisheries in

Malaysia, Malaysia, pointed pointed out that that the policies policies are sensitiv sensitivee to environment environmental al and sociosocioeconomical needs for a balance fishing effort, sustainability of resources and environmental conservation. To achieve this balance, various conservation and

26 management strategies were implemented like: relocation or deployment of fishermen to other economic activities such as aquaculture, ecotourism and other related activities; and conservation and rehabilitation of the marine ecosystem through the establishment of  marine parks and artificial reefs. For the purpose of resource conservation, fish species are listed under the First Schedule, which prohibits them from being landed, only catch and release release fishing fishing is allowed. allowed. The whale sharks, sharks, which are listed listed on the IUCN Red List of Threatened Threatened Animals Animals of 1996, 1996, cannot be landed and and must be releas released ed immediately immediately if  they are caught, as these species are great attraction to divers and anglers. The same pattern had been executed by the local government of Donsol in implementing the  policies concerning whale shark’s protection and conservation, which was simultaneously associated with program promoting ecotourism with the whale sharks. 47

Marasigan,

tackled in his study that in any policy implementation, the lack of 

personnel must be urgently addressed. Lack of patrol and visibility vessels, and necessarily logistical supplies, equipment and funding are problems which must be resolved. In the memorandum of agreement between the Municipality of Donsol and the World Wildlife Fund for Nature  –  Philippines, providing manpower, patrol boats and equipments such as radio base, hand-held radios, searchlight, life rings, life vests, basic snorkeling equipment and binoculars and fueling, repair and maintenance of the patrol boats are given given adequate adequate importance. importance. 48

Magpayo,

in his study regarding effectiveness of the maritime station on anti-

illegal fishing, recommended that even though though measures on anti-illegal fishing fishing program are said to be effective, continued effort of implementation is still needed. Specially, continuing efforts at resolving the major problems that affect the conduct of the anti-

27 illegal fishing campaign particularly in issues issues of mobility equipment, manpower strength, logistical supplies and others. There are some reports that the implementation of FAO 193 and local local ordinance ordinance by the local governme government nt of Donsol Donsol is effective, effective, but despite despite this this measure the local government must to stop implementing and must have a continuing effort for more effective implementation. 49

Muthiga, in her study about management effectiveness in marine protected areas in Kenya, Kenya, emphasized emphasized that the the level of complian compliance ce to marine marine protected protected area regulat regulations ions differs among stakeholder groups. Those stakeholders who depend mostly on tourism are highly complia compliant nt to regulations regulations mainly mainly because because they understand understand the benefit benefitss of a managed system and improved habitats to their businesses. On the other hand, the fisher group had had shown lower level level of compliance compliance due due to the need income income brought by fishin fishing. g. Poor enforcement, as they see other foreign fishers who do not follow rules, in some cases the rules are unknown and unclear. In the present study, these reversal attitudes from different stake holders are evident, some residents of the coastal town village of  Dons Donsol ol sit sit free free imme immedi diat atel ely y when when the the wha whale le shar sharks ks are are acc accid iden enta tally lly caugh caughtt in in the their ir fishing nets. The same villagers are used to catch whale sharks mainly to export particularly in Taiwan, where sharks fins are high in the demand. 50

Aljanahi and Cherian,

in their their research research found out that in some some countries countries where

shark finning is prohibited by law, there is no efficient system for the implementation. Due to practical problems faced in the field, only a few offenders could be brought to records and many evade the laws of the sea and engage in in illegal shark shark finning. In Australia Australia a ban ban on shark finning finning was imposed imposed on October October 2000. 2000. However, However, this this kind kind of  violation of fishing regulations is continued even now. Similar case occur in Costa Rica,

28 where the ban ban on shark shark finning finning was not properly properly enforced enforced due due to shorta shortages ges of resources resources and lack of political will. In the present study, the researcher encountered some reports that protection and conservation policies on whale sharks are not implemented well in Donsol, Sorsogon and in other parts of Philippines, as continue hunting, killing, selling and exporting of the these species still occur. 51

Japp, added ded

in his study concerning management of shark’s fisheries in South Africa

some omething in co connection with Al Aljana anahi’s study, emphasizing continued continued

exploitation of sharks despite efforts to stop them. In South Africa, there are many cases of illegal sharks finning and trading. However, these criminal cases filed are not given enough justice, as provision for regulation and control of the exploitation of shark are clearly inadequate. Regulations are such difficult to enforce and had been given insufficient management attention. The previous study shows evidently the non-effective implementat implementation ion of the regulation regulation concerning concerning sharks sharks’’ exploitation. The study conducted measured measured the level of effectivene effectiveness ss of the Municipality Municipality of Donsol Donsol in implementing implementing policies prohibiting whale sharks’ sharks’ exploitation. 53

Placedes,

in her study ensured ensured strict strict implementati implementation on of environmental environmental laws. laws.

Government officials and law enforcers should always monitor if the said laws are properly implemented. They should impose appropriate penalties for acts which endanger the environment. In the present study, the local government of Donsol together with the concerned concerned non-governmental non-governmental organization organization and the local community community themselves themselves urged and pushed for the serious and strict implementation of the FAO 193 and and local ordinance. Additional Additional and and heavier heavier penalties penalties are also impose imposed. d.

29 Synthesi Synthesiss of the the State State of the the Art

The various related literature and studies provided the researcher useful insights and perspectives in the undertaking and improvement of the present study. They served as modified guidelines and support backed-up in determining the measures of  implementation by the Municipality of Donsol in executing the Fisheries Administrative Order No. 193 and its Ordinance No. 1, S-98. The cited literature and studies, specifically of De Guzman and Donor show the importance of governmental authority, particularly of the local government in the protection and conservation conservation of nature, like the endangered gentle-giant whale sharks. The protection protection and conservati conservation on of nature is mainly mainly guided by laws formulated formulated and are implemented by the state state and or by the local government. The local government, being in the frontline frontline,, being close to the people people they serve, serve, are indeed capable, capable, creative creative and responsive in protecting and conserving the gentle -giant butanding. Meanwhile, Meanwhile, the most most import important ant issues issues cited cited by Jamoralin Jamoralin and and Lorejo Lorejo is that despite despite efforts efforts of governmental governmental authority authority to stop exploit exploitation ation of these species, species, catching, catching, slaughtering and selling of whale sharks still exists. And it’s worse and very hard to believe, that some of the policy implementers themselves, are the protectors of the poachers. poachers. This is is the very very reason, reason, why the researcher researcher went to this study, study, to determi determine ne the local government’s measures of implementation, its effectiveness and present status, and came up with alternative alternative improvement improvement measures measures to execute execute the policies. policies. Gap Bridged by the Study

As a whol whole, e, the there re are are alr alrea eady dy many many studi studies es unde undert rtak aken en about about poli policy cy implementation, protection and conservation of the marine environment. However, there

30 are very few that dealt specifically with the protection and conservation of the whale sharks, sharks, specially, specially, the the policy impleme implementatio ntation n by a certain certain local governme government nt unit. To be particular particular,, in Donsol, most most of the studies studies done in this place place were about ecotourism tourism project projects. s. No No one attempted attempted to study study the policies policies concern concerning ing whale whale sharks sharks’’ protection and conservation, the Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98,

except the researcher with his team, whose study dealt with the “National

Policy Banning the Butanding Exploitation and its Implementation: An Assessment.” The Th e study focused focused on FAO 193 alone. alone. Its scope is broader considerin considering g it is a national national policy, policy, and there are no emphases on local governance and implementation. The lack of studies concerning local government’s level of implementation of certain policies, particularly protection and conservation of the endangered whale sharks, led the researcher to undertake undertake this this present present study study to bridge bridge the gap. Theoretical Framework

Catching, selling and slaughtering of whale sharks must be stopped by an authority. The Philippine government moved to ban the exploitation of these gentle-giant butanding by enacting enacting the Fisher Fisheries ies Admini Administrat strative ive Order Order No. No. 193. In In support support to these,

the Municipality of Donsol legislated Ordinance No. 1, S-98, which totally prohibits whaling within the territorial waters of Donsol, Sorsogon. The principle of  national sovereignty, suggest that every state has the power and all the rights to enforce to protect 53

the environment from the abuse and self-centered interest of man. “Governmental Governmental

Authority Authority is necessary necessary to protect the

unregulated self-interest allowed by libertarian ideologies.”

environment environment 54

In fact, from the

It is understood that

ecological problems cannot be solved entirely by an authoritative government. To induce

31 widespread citizens’ complianc compliancee to the environm environmental ental regulations regulations of the government government and to instill in all citizens citizens environmental ethics, governmental controls must be formulated and implemented democratically, not authoritatively. Thus, the ban on butanding exploitation requires responsibility not only on the part of the government, but also on the local community itself. The local community should observe the protection and preservatio preservation n of this this marine marine mammal not because because of of the fear of the authority authority of the government government policy, policy, but because because of its own own initiative initiative and and concern concern for the welfar welfaree of the environment. Since this study was focused on the implementation by the Local Government Unit of Donsol of such policies concerning whale shark’s protection protection and conservation measures, measures, the researcher researcher adopted adopted the theory of the the iron triangle. This This pertai pertains ns to a subsubgovernment formed by the three angles of the policy process for a particular area: (1) the bureaucrats who implement a policy, (2) the lawmakers and staff members who craft and adopt a policy, policy, and (3) the lobbyist from a vested or “clientele” coalition of interest 55

groups; groups; all of them work work both formal formally ly and informal informally ly on specific specific policy policy issues. issues.

The

local government units are clothed with power, authority and resources to respond 56

immediately to the needs of the people.

The researcher also adopted the principles of 

decentralization and local autonomy and emphasi emphasized zed the “Importance of local solutions

to local problems.”

57

The administrative capabilities are shown with the bureaucrats who

implemented the policies, the the mayor and other administrators of the Municipality of  Donsol who enforced FAO 193 and MO 1, S-98, in which this local government, has always been closer to the people, are more innovative, strict, and vigilant than the central 58

government when it comes to environmental protection.

Donsol’s bureaucracy together 

32 with its legislative body, the Sangguniang Bayan of Donsol who legislated the ordinances prohibiting whaling in the municipal waters of Donsol, and the interest groups such as the non-governmental organizations, private organizations like the World Wildlife Fund for Nature –  Nature  – Philippines Philippines and the concerned local community of Donsol are the best persons who best unders understand tand and solve their very very own problems problems.. The cooperation cooperation with with the nongovernmental organizations, private organizations and the local community who provide information to protect and conserve whale sharks and actively participate with the Municipality of Donsol in in the implementation of the the FAO 193 and MO 1, S-98 indicate social desirability and citizens citizens’’ participation, as they see the existing exploitation among the whale sharks sharks and have realized realized the importance importance of protecting protecting and conserving conserving them. them.

33

The Executive Government (Principle of National Sovereignty)

(Principle of Decentralization & Local Autonomy)

Bureaucracy The bureaucrats who implement a policy

Theory of the Iron Triangle (Local Level Triangle)

Municipal Legislative Council The lawmakers and their staff  members who craft and adopt a policy

Interest Groups The lobbyist from a vested clientele coalition of interest groups

Theoretical Theoretical Paradigm Paradigm Figure 1

34 Conceptual Framework

The measures of implementation by the Local Government of Donsol in executing executing the polici policies es prohibiti prohibiting ng whale whale sharks exploitatio exploitation, n, the extent extent of the implementation, the responses of the local community about the enforcement of such policies policies and the recommendatio recommendations ns that can be adopted to improve improve implementati implementation on are the factors in the actualization of this research. research. This This resea research rch focu focused sed on the the measur measures es of implem implement entati ation on of the the polic policies ies prohibiting the exploitation of the whale sharks, the Fisheries Administrative Order No. 193 and and the the Local Local Ordina Ordinance nce No. No. 1, S-98 S-98 by the the Munici Municipal pality ity of of Donsol Donsol.. The study study determined the LGU’s implementation of the ban. The ban itself is a mandatory provision, which specifically prohibits catching, selling, killing and slaughtering of  these gentle giant whale sharks. It was a policy issued by the Department of Agriculture (DA) with the recommendation of the Bureau of Fisheries and Aquatic Resources (BFAR) through the Administrative Order No. 193, calling for the protection and conservation of these endangered marine life. The local government serves as the instrument for its enforcement in the regionalized sector of the country, particularly in Donsol, Sorsogon, the feeding ground of the whale shark that serves as their habitat. The Municipality of Donsol legislated its own ordinance that totally prohibits whaling activities within their water boundaries. The implementation of the policies concerning whale shark protection and conservation might be effective in the area of its operation indicating a positive feedback  to the local community who in turn corresponds and coordinates with the local authorities in the implementation of the ban. It is the policy itself that makes it enforceable, or the

35 local local communities’ own initiatives to protect and conserve endangered species or they view the butanding as part of an economic transition, to pave way to the development of  local tourism. On the contrary, the implementation of the ban might be ineffective due to the lack of coordination from the local communities, because the ban will mean as end of  the economic chances banning the catching, selling, purchasing, possessing, slaughtering and exporting of the whale sharks. In the previous years, the local community of Donsol, Sorsogon Sorsogon due to to the lack lack of informatio information n and education education viewed viewed the butanding as pests, as the whales destroyed destroyed the fishing fishing haul of the local fishermen fishermen and sometimes sometimes disturbed disturbed and scared scared the small small fishes fishes which were the possible possible catch catch of the local local fisherme fishermen; n; that’s why they

used to kill the butanding.

The study tudy was cond conduc uctted to know know wheth hether er the the

implementation is effective or not-effective due to measures of implementation by the Municipality Municipality of Donsol. Donsol. The sectoral sectoral respons responses es of the local local community community in the the implementation of the ban in terms of awareness, compliance, and local community’s  perception regarding local government’s political will in the execution of such policies concerning whale shark’s protection and conservation was look into. Finally, this study ought and recommende recommended d alternative alternative measures measures to improve the the implementatio implementation n of the ban on the butanding exploitation. The feedback received from the local resident and other sectors may lead to the improvement of the implementation measures by the Municipality of Donsol. Donsol. The concepts concepts discuss discussed ed are variable variabless of the study. study. The conceptual conceptual paradigm paradigm is is shown on Figure 2.

36

Measures Undertaken by the LGU of Donsol Donsol in the Implementation of  FAO 193 & MO 1, S-98 Extent of  Implementation of FAO 193 & MO 1, S-98

Responses of the different Stakeholders of the Local Community concerning the Implementation of  FAO 193 & MO 1, S-98

FEEDBACK

Conceptual Conceptual Paradigm Paradigm Figure 2

Recommendations that can be Adopted to Improve the Implementation FAO 193 & MO 1, S-98

37 Definition of Terms

The following following terms terms used in in the study study are defined defined conceptu conceptually ally and and operationa operationally lly for better understanding: Assessment/Policy Analysis. This is a study to assess assess the the probable probable effects of of a 59

policy.

The study determines the measure of implementation of the local government of 

Donsol concerning the policies on protection and conservation of whale sharks, the extent of its implementation, the local community’s responses and the recommendations that can improve the implementation of such policies. Awarenes. This This is a fact fact or stat statee of being being awar aware, e, or or consc consciou ious, s, espec especial ially ly of  60

matters that are particularly relevant or topical.

It pertains to the local community’s

consciousness of the implementation of FAO 193 and MO 1, S-98. whale shark, the biggest sharks and the Butanding. This refers to the gentle giant whale 61

biggest fish.

It reaches 15 meters in length and may reach 18 meters or more (up to 60

feet long). long). Its Its weight weight can exceed exceed from 10 tons up to 20 20 tons. This This creature creature ranges ranges all all tropical tropical waters waters and frequent frequently ly strays strays into temperat temperatee one. Its scienti scientific fic name is is “Rhincodon Typus.” 62

Compliance. This means submission, obedience or conformance.

It refers to the

obedience of the local community in the implementation of FAO 193 and MO 1, S-98. Conservation. This refers to the protection and preservation of the environment,

its wildlife and its natural resources.

63

In this study it refers to the process of preserving

the gentle giant whale shark.

Disturbing or Harassing. These refers refers to any activity activity that that would result result to the 64

driving away of the butanding in their tranquil habitat.

38 Efficiency. This is the ability to produce a desired good, service, or effect with with

the minimum of effort, expense or waste.

65

The administrator of the Municipality of 

Donsol is efficient in implementing the ban on the exploitation of the whale shark. Endangered Species. These refer refer to animals, animals, which are nearly nearly to be extinct, or

are in danger of extinct extinction, ion, usually usually because of environ environmental mental changes and human human 66

activities. In this study, this refers to the whale shark/butanding. shark/butanding. This refers refers to the amount amount,, Extent of Implementation. This 67

implementation, the area over which something extends.

or or degree degree of 

It pertains to the degree of 

implementation of FAO 193 and MO 1, S-98. FAO 193. This refers to the Fisheries Administrative Order No. 193, series of 

1998, a ban on taking or catching, selling, purchasing and possessing, transporting and exporting of whale sharks and manta rays, issued by the Department of Agriculture upon the recommendation of the Bureau of Fisheries and Aquatic Resources. In this study the mant mantaa rays rays are are not not incl include uded. d. inflict injury injury using using bladed spears spears of any Harming or Hurting. This means to inflict kind such as harpoon, etc., toxic materials and substances, throwing unwanted fish nets 68

into into the the sea. sea.

Implementation. This means putting into into effect, fulfillment, or carrying through,

as of ideas, a program, etc.

69

In this study it refers to the act of carrying carrying through by the

Municipality of Donsol to put into effect the Fisheries Administrative Order No. 193 and the Local Ordinance No. 1, S-98. exercise of certain certain basic powers powers by the Local Autonomy. The term means the exercise local government units so as to best serve the interest and promote the general well-being

39 70

of their inhabitants.

The Municipality of Donsol has the autonomy in legislating and

executing a policy for the protection and conservation of the whale sharks. Local Community. This refers refers to the people who who reside reside in the town of Donsol Donsol

which are subject to the same laws. A body politic. These include the fisher folks, farmers, vendors, youth educator, employees and administrators of the Municipality of  Donsol and others. Local Government. The term refers to the political subdivision of the state that

includes the provinces, cities, municipalities, and barangay, which is constituted by law and has substantial control of local affairs, with officials locally elected.

71

In this study,

this term pertains to the Municipality of Donsol. Measures. These refer refer to acts designed designed to achieve achieve a purpose, purpose, a legislation legislation bill bill or 72

statute. In this study it refers to the act or steps undertaken by Municipality of Donsol in implementing FAO 193 and MO 1, S-98. S -98. Non-Governmental Organization. This means any organizat organization ion which which is not 73

funded nor supported by the government. An active partner of the local government unit in the pursuit of the local autonomy. They can enter with joint ventures with the local government units to engage in the delivery of basic services, capability building and livelihood projects, and to develop local enterprises designed designed to improve productivity and income, diversify agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people. The World Wildlife Fund for Nature  –  Philippines (WWF-Phils.), a non-governmental organization which is committed to environmental conservation, entered into an agreement with the

40 Municipality of Donsol to protect and conserve the whale sharks in territorial waters of  Donsol, Sorsogon. Perception. This refers to one's view or interpretation of something. It It pertains to 74

the views of the local community in the impleme ntation FAO 193 and MO 1, S -98.

Policy. The term means the general principle by which government is guided in

its management of public affairs, or the legislature in its measures, an ordinance, or a rule of law established by public authorities and recognized by custom or by formal enactment, which a community considers as binding upon its members for welfare or 75

prospe prosperity rity of the the state state or commu community nity..

In this study it refers to the Fisheries

Administrative Order No. 193 and Ordinance No. 1, S-98. Political Will. The term refers refers to the highest manifestat manifestation ion of the all-inclusive all-inclusive

and omni-potent omni-potent willing willing itself. itself. Rational Rational Will, Will, it is the universal universal power power that is in everything and there is no social human activity in which Political Will does not rule itself through itself. Developing itself continually, it develops the ethical and civic virtues 76

as well as moral values and political culture of society in each particular epoch.

In this

study it pertains to the local government’s political will in the implementation of FAO 193 and MO 1, S-98. Protection. This refers to the action of protecting or condition of being protected; 77

shelter, refuge, cover, safety or care.

In this study it means the act of safeguarding

the endangered whale sharks. Recommendation. This means the the act of recommending recommending,, to suggest suggest as being 78

suitable to be accepted.

It pertains to the alternative measure that can be recommended

to improve the implementation of FAO 193 and O rdinance 1, S-98.

41 Responses. This means answers answers or response responsess to something something in in words, words, writing writing or in 79

action.

It pertains to the reaction of the local community of Donsol, their awareness,

compliance and perception perception regarding local government’s political will in the implementation of FAO 193 and Ordinance No. 1, S-98.

Territorial Waters. This includes not only streams, lakes, and tidal waters within

the municipality, but also marine marine waters included included between lines drawn perpendicularly to the general coastline and 15 kilometers from it. When (2) municipalities are so situated on the opposite opposite shores shores and there is is less than than 15 kilometers kilometers of marine marine waters waters between between them, the third third line shall shall be equally distan distantt from opposite opposite shores shores of the respective respective municipalities. 80

Whaling. This refers refers to the industry industry of hunting, hunting, capturing capturing and/or and/or catching catching of 

whale sharks or butanding. The operation of taking and process whales for commercial  products, especially animal’s oils, meat, meat, using equipment and technique and in the species species of whales whales sought. sought. These These are hunted from from roped roped wing boats boats and killed killed by hand hand harpoons and other primitive tools.81

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45 45

Mendoza, Josefa C. “the Implementation of the Local Government Unit  performance Program in the Bicol Region: An Assessment,” Unpublished Dissertation, Bicol University Graduate School, Legazpi City, 2000. 46

A. Ali, R. Ali. M. Nasir I. Salleh, “Manageme nt of Shark Fisheries in Malaysia,” Case studies of the management of elasmobranch Part1, (FAO Corporate Document Repository), www. fao.org 47

Marasigan, Mario G. “The Coastal Barangay Intellegence Network (CBIN) of  the Philippine National Police National Capital Region Maritime Office,” Unpublished Dissertation, Bicol University Graduate School, Legazpi City, 2004. 48

Magpayo, Sunny R. “The Effectiveness of the Maritime Station on Anti-illegal Anti -illegal Fishing,” Unpublished Master’s Thesis, Bicol University Graduate Gradua te School, Legazpi City, 2001. 49

Dr. Nyawira Muthiga, “The Effectiveness of Management and the ICAM Experience in Marine Protected Areas: The Mombasa Marine Park and Reserve,” (Kenya Wildlife Service, 2001), www.cere.columbia.edu 50

Aljanahi, Ahmed and Cherian, Cherian, Tomas. “Shark Finning,” Ministry of Agriculture and Fisheries: UAE Agriculture Information Center, www.uae.gov.ae 51

Japp, D.W. “Management of Elasmobranch Fisheries in South Africa,” Case studies of the management of elasmobranch Part1, (FAO Corporate Document Repository), www. fao.org 52

Placedes, Lyra Ruth C. “The Ecotourism Projects in The Province of Albay: An Assessment,” Unpublished Master’s Thesis, Bicol University Graduate School, Legazpi City, 2002. 53

Kaye Lawson, “The Human Polity: An Introduction to Political Science,” USA: Houghton Miffin Company, c. 1989 54

Garett Hardin and John Baden, [editor], “The Tragedy of the Commons in Managing the Commons,” San Francisco: W. H. Freeman, c. 1997, pp. 16-30. 55

Administration, Clashing Values in the LeMay, Michael C. “Public Administration, Administration of Public Policy,” California: Wadsworth?Thomson Learning Inc., c. 2002. 56

Atty. Rustico T. De Belen, MNSA, Ph.D. “Making the Philippine Democracy Work: Decentralization and Electoral Reforms,” Manila: The Adamson Ad amson News, Official Publication of Adamson University, Vol.3 No. 9, November-December 20 01 Issue.

46 57

De Leon, Hector S., “Textbook on the Philippine Constitution,” Quezon City: Rex Printing Co. Inc., c. 1999. 58

Tapales, Proserfina D. and Pilar, Nestor N., [editor], “Public Administration by the Year 2000: Looking back into the Future,” Quezon City: NCPAG-UP Press, c. 1995. 59

LeMay, Michael C. “Public Administration, Clashing Values in the Admini stration of Public Policy,” California: Wadsworth?Thomson Learning Inc., c.

2002. 60

allwords.com

61

MO 1, S-98

62

Black’s Law Dictionary with Pronunciations “6th Edition,” Minnesota: West Publishing Co., c. 1990. 63

allwords.com

64

MO 1, S-98

65

LeMay, Michael C. “Public Administration, Clashing Values in the Administration of Public Policy,” California: Wadsworth?Thomson Learning Inc., c. 2002. 66

MO 1, S-98

67

allwords.com

68

MO 1, S-98

69

allwords.com

70

Brilliantes Jr., Alex B., “Innovation “ Innovation and Excellence: Understanding local Governments in the Philippines,” Philippines,” Quezon City: UP-NCPAG CLRG, c. 2003. 71

Ibid.

72

allwords.com

73

Brilliantes Jr., Alex B., “Innovation and Excellence: Understanding local Governments in the Philippines,” Quezon City: UP-NCPAG CLRG, c. 2003. 74

allwords.com

47 75

Black’s Law Dictionary with Pronunciations “6th Edition,” Minnesota: West Publishing Co., c. 1990. 76

“The World of Political Will” (Politvolia), On the Absolute Rational Will, www.jgora.dialog.net.pl/OnTheAbsoluteRationalWillPolitvolia.htm 77

allwords.com

78

Ibid.

79

Ibid.

80

MO 1, S-9 S-98 8

81

Ibid.

48 Chapter 3 RESEARCH DESIGN AND METHODOLOGY

This chapter discusses the methods and procedures used in data gathering and presentati presentation. on. This includes includes the research research methods, methods, sources sources of data, data, respondent respondents, s, instrument instrumentss used, used, the data collection collection procedure, procedure, and statist statistical ical treatment treatment of of data. data. Research Methods

In this study, the researcher adopted the descriptive method of research to have more logical investigation. Descriptive research is a design which aims to describe systematically a situation, problem, phenomenon, service or program, or provides information about, says the living conditions of a community, or describes attitudes 1

towards an issue . Thus, it describes describes the nature nature of a situation situation as it exists exists at at the time of the the study and explores the causes of particular phenomena. A descriptive study determines and reports the way things are, as it has no control over what is, and it can only measure what already exists. In this study, study, the descripti descriptive ve research research design was employed employed to describe describe the implementation measures by the Municipality of Donsol in implementing the Fisheries Administrative Order No. 193 and Local Ordinance No. 1, S-98. This research design guided the collection, analysis and interpretation of the relevant data, concerning policy implementation by this particular local government unit and the protection and 2

conservation of the endangered whale sharks.

49 Sources of Data

There are two kinds of data gathered in this study. The published documents and the information information gathered directly from the respondents. Documents printed in books,  journals, thesis, dissertation and other documents published through internet become part of the related literature and studies. The inform informati ation on gathe gathered red directl directly y from from the respon responden dents ts are from from five five major major sources namely: the Office of the Mayor and the Vice-Mayor of the Municipality of  Donsol Donsol;; the Sanggu Sanggunian niang g Bayan; Bayan; concerne concerned d Barangay Barangay Offic Officials ials;; Law Enforce Enforcemen mentt Officers; and the Local Community. Non-Governmental Organization particularly the World Wildlife Wildlife Fund for Nature Nature Philippin Philippines es was a source of information information being an active active partner of the Municipality of Donsol in the protection and conservation of the whale sharks in the territorial waters of Donsol, Sorsogon. Respondents

The Office Office of the Mayor and and the Vice-Mayor Vice-Mayor of the the Municipali Municipality ty of Donsol, Donsol, the Sangguniang Bayan, concerned Barangay Officials, Law Enforcement Officers (the local PNP) and the Local Local Community Community were the selected selected respondents respondents in this study study because because they were the person’s directly directly involved involved in the implementati implementation on of FAO 193 and Ordinance No. No. 1, S-9 S-98, 8, they they wer weree the the one’s one’s who determ determine ined d the the effect effective ivenes nesss and and impl implica icatio tions ns of  the policie policiess to the the local local communit communities, ies, and to the Municipality Municipality.. The total total number number of the the respondents respondents is 150, distributed distributed among the different different sectors. sectors. The respondents respondents are shown in table 1.

50 Table 1 Distribution of the Respondents

RESPONDENTS

TOTAL NUMBER

Mayor and Vice-Mayor of the Municipality

2

Barangay Captains

5

Law Enforcement Officers

10

Sangguniang Bayan

11

Local Residents

122 Total

150

The Mayor and the Vice-Mayor are as respondents as they are the top implementers in the Municipality of Donsol in executing the FAO 193 and Ordinance No.1, S-98. The barangay barangay captain captainss of the 5 selected selected coastal coastal barangays barangays and all all the the members members of was used used in the select selection ion of 10 law law enforcers. enforcers. 122 local local fishers fishers and other other concerned concerned local residents residents in each each barangay were were randomly chosen chosen to represent represent the 5 selected selected coastal coastal barangays barangays of Donsol found to have significan significantt numbers of whale whale sharks to be protected and conserved. Instruments Used

researcherr used an interview interview guide guide to generate generate the needed needed Interview Guide. The researche informatio information n on the measures measures underta undertaken ken for the protectio protection n and conservation conservation of the whale whale sharks, sharks, and the recommenda recommendations tions that that can be adopted adopted to improve improve the implement implementation ation of  the policies concerning the protection and conservation of the whale sharks. The respondents were the Mayor and the Vice-Mayor of the Municipality of Donsol, who are directly directly engaged engaged in the the implementati implementation on of the ban. Likewise Likewise to the Barangay Barangay captain captains, s,

51 selected selected member of the Sanggunian Sangguniang g Bayan and the law-enforcement law-enforcement officers officers were interviewed. Questionnaire. This questi questionnair onnairee was used used to obtain obtain informatio information n regarding regarding the

extent of the measures of implementation by the local government of Donsol concerning whale shark’s protection and conservation, the responses of the stakeholders of the local community in terms of awareness, compliance and perception concerning local government’s political will in the implementation of the FAO 193 and MO1, S -98. The rese resear arch cher erss gave gave the the ques questi tion onna nair ires es to the the comm commun unit ity y-mem -membe bers rs of the the 5 coas coasta tall barangays of Donsol. The anal analy ysis sis was was don donee of the the of office fice docu docume ment ntss Documentary Analysis. The presented presented to the researche researcherr by the respective respective respondent respondentss from the Office Office of the Mayor and other concerned Offices within the Municipality of Donsol, the Municipal’s Police Station,

the

World-Wildlife

Fund

for

Nature-Philippines,

a

non-governmental

organization involved in the protection and conservation conservation of the the whale sharks. Journals and documents documents gathered gathered through on-line on-line information information were also included. included. Data Collection Procedure

Prior to the formal presentation of the survey instrument to the respondents, validation validation and approval approval were were made. Necessar Necessary y revisions revisions were were done. Finally, Finally, the the questionnaires and the interview guide were distributed to the respondents. The respondents respondents were were allowed allowed to answer answer freely their concept concept and percepti perception on of the subject subject matter, after which the tabulation, analysis and interpretation of the data we re made.

52 Statistical Treatment of Data

The data data gather gathered ed from from the respon responden dents ts are presen presented ted in table tabless and graphs graphs.. Descri Descripti ptive ve statis statistic ticss was used used to describ describe, e, analyze analyze and interp interpret ret the data data gather gathered. ed. Random samplin sampling g was a method method used used in selecting selecting the the sample sample size for the the study study as it it gives gives 3

every member of the population an equal chance to be a sample. The 122 respondents were were rand random omly ly sele select cted ed from from a tota totall of of 8,75 8,757 7 pop popul ulat atio ion n from from the the 5 sele select cted ed coas coasta tall barang barangays ays which which are are were random randomly ly chosen chosen from from the the 11 coas coastal tal barang barangays ays of Dons Donsol, ol, Sorsogon. Sorsogon. The data were analyzed analyzed and interpreted interpreted using the following following statistical statistical tools. tools. 1. Weighted Mean takes into consideration the proper weights assigned to the observed observed values according according to their relative relative importan importance. ce. This was used to find the level level of  importance of the responses, as shown in the scales of value. The formula for computing the mean is given below: n 

__ X=

i = 1 Wi Xi  Wi

Where: Wi = weight of each item Xi = value of each item X

= mean



= means the sum of 

4

53 These weighted means were interpreted based on the scale concept of the boundary of numerals prepared arbitrarily as follows. Mean Value

Weight

Verbal Interpretation

4.51-5.00

5

Fully Implemented/Very High

3.51-4.50

4

Implemented/High

2.51-3.50

3

Moderately Implemented/Moderate

1.51-2.50

2

Partially Implemented/Low

1.00-1.50

1

Not Implemented/Very Low

2. Percentage was used used to determ determine ine the the extent extent of of the meas measure uress of  implementation by the Municipality of Donsol in executing the FAO 193 and its local ordinance. 5

In computing computing the percentage, percentage, any of the following following formula formula was utilized: utilized: f  P (%) =

x 100 N

Where: P = percentage f = frequency of responses falling under particular category N = total number of respondents or

P (%) = rf x 100

Where: P = percentage rf = relative frequency (the number of responses divided b y the total number of  respondents)

54 NOTES 1

Kumar, Ranjit. “Research Methodology: A Step-by-Step Step-by-Step Guide for beginners,” Melbourne: Addison Wesley Longman Longman Australia Pty Limited, c. 1996 2

Meier, Kenneth J. and Brudney, Jeffrey L. “Applied Statistics: For Public Administration,” United States of America: Harcourt Brace College Publishers, c. 1997. 3

Sevilla, Consuelo G., et. al “Research Methods, Revised Edition,” Manila; Rex Printing Company, Inc., 2000. 4

5

Mercado del Rosario, Asuncion C. “Business Statistics,” Manila: ISBN, c. 1996.

Jaccard, James and Becker, Michael A. “Statistics for the Behavioral Sciences, Third Edition,” United States of America: Brooks/Cole Publishing Company, c. 1997.

55 Chapter 4 THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVE ORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY MUNICIPALITY OF OF DONSOL

This This chapt chapter er presen presents ts the the analys analysis is and and inter interpre pretat tation ion of of the the data data gather gathered ed in the study. The data is organized following the sequence of problems stated. These are in chapter one: the measures and the extent of the the implementation, the responses of the stakeholders of the local community and the recommendations to improve the implementation of Fisheries Administrative Order No. 193 and Municipal Ordinance No. 1, S-98. Measures Measures in the Implementation Implementation of Fisheries Fisheries Administr Administrative ative Order No. 193 and Municipal Ordinance No. 1, S-98 by the Municipality of Donsol, Sorsogon

The measures in the implementation of FAO 193 and MO 1, S-98 by the Municipality of Donsol, Sorsogon are presented in terms of the enforcement of various programs and projects. These measures are presented in table 2. Indicated in each measure measure are the general objective objectives, s, the date when it it was initiated initiated and the implementin implementing g agencies. agencies. There There were seven (7) (7) measures measures considered considered in in this study. study. These These are programs programs and projects for the protection and conservation of the endangered gentle-giant whale sharks. sharks. Table 2 shows implementati implementation on of such. Initiation of “Butanding”Conservation Program. The Municipality of Donsol

ensures the massive information dissemination campaign concerning whale sharks near extinction and the need to establish protected areas in the municipal waters of Donsol and raising funds for the protection and conservation programs for whale sharks by initiating a Butanding Conservation Program.

56 Table 2 Measures Measures in the Implementatio Implementation n of FAO 193 and MO 1, S-98 Measures 1. Initiation of  “Butanding” Conservation Program per MO1, S-98 2. Establishment of  Community-based Butanding Watching Project per MO1, S-98 3. Prohibition on whaling within the territorial waters of the Municipality of Donsol per MO1, S-98

4. Regulation of the Whale Shark Interaction Code of Conduct 5. Implementation of  the project “Protection of Whale Shark and the Municipal Waters of  Donsol, Sorsogon” per  Memorandum of  Agreement entered into by and between Municipal Government of Donsol and the World Wildlife Fund for Nature –  Nature – Philippines Philippines

6. Establishment of the Marine Conservation Park in Donsol per MO41, S-2005 Sec. 34 7. Support Whale Shark  Photo-Identification Library and Enforcement of photoidentification in Donsol

General Objectives

Date Initiated

To heighten public awareness of the whale sharks near extinction Establish protected areas for the whale whale sharks Raise funds for the protection and conservation program for whale sharks To provide the coastal communities with an alternative source of livelihood To divert people’s effort towards developing a local tourism industry To ban any person or persons to hunt, capture or catch, slaughter, transport, harm or hunt, disturb or harass the whale sharks at anytime and in any part of the municipal waters of  Donsol, Sorsosgon

March 1998

To ensure the safety of the swimmers To minimize the disturbance to the whale sharks To gather additional information on whale sharks and use it to produce resource management policies To increase awareness and establish the need to conserve the whale sharks To assist the community in developing their capacity to properly manage the eco-tourism program based on whale shark interaction To recommend a management plan for an effective utilization and conservation of whale sharks through ecotourism To support the community and the LGU in enforcing FAO 193 and other municipal fishery ordinances To organize, train and mobilize a genuine enforcement crusade at the barangay/  community and municipal level. To totally restrict human activities in the municipal waters that will directly and indirectly affect the whale shark population To develop a map of their preferred habitat and their migratory pattern To develop a management and conservation strategies for protection of whale sharks

March 1998

March 1998

Implementing Agencies  Municipality of  Donsol  WWF-Phil.  Concerned Coastal Barangays  Municipality of  Donsol  WWF-Phil.  Municipality of 

Donsol  Municipal

Agriculture  Philippine National Police  Philippine Coastguard  Concerned Coastal Barangays July  Municipality of  1998 Donsol  WWF-Phil August  Municipality of  2000 Donsol  WWF-Phil.  Concerned Coastal Barangays

March 2006

 Municipality of 

Donsol  WWF-Phil.

March 2007

 Municipality of 

Donsol  WWF-Phil.  ECOCEAN

57 Establishment of Community-Based Butanding Watching Project. The

Municipality, as well, established a Community based Butanding Watching Project with the cooperatio cooperation n of World World Wildlife Wildlife Fund for for Nature Nature - Philippines Philippines and and other intere interested sted sectors. The project provides the coastal communities with an alternative source of  livelihood and diverts people’s effort towards developing a local eco -tourism industry. Prohibition on Whaling Within the Territorial Waters of Donsol. As

presented, the Municipal Government of Donsol moved to totally ban whaling activities by prohibiting the hunting, capturing or catching, slaughtering, transporting, harming or hurting, disturbing or harassing the whale sharks at anytime and in any part of the territorial waters of Donsol, Sorsogon. Sorsogon. The Municipality of Donsol, in implementing the said ordinance banning whaling in the municipal waters, undertakes the following measures: 1. The municipal government through the Local Chief Executive provides the necess necessary ary equipm equipment ent by asking asking assis assistan tance ce from World World Wildl Wildlife ife Fund Fund for Natur NatureePhilippines, like the motorized banca, telescope, radio transceiver and equipments necessary for whale sharks observation and other related activities; 2. The Municipal Agriculturist with Bantay Dagat crew regularly patrol the area from barangay Ogod to barangay Sta. Cruz; 3. The Philippine National Police through the Chief of Police in coordination with the Philippine Coast Guard assigned a team to accompany the Bantay Dagat and other agencies in patrolling the area; 4. The barangay barangay tanods through their respective barangay captains also patrol their respective area and monitor the movement of any fishing vessel; 5.The Local Chief Executive upon notice can cause the immediate inspection and or apprehension of any suspected fishing vessel in the area. Any violations of these provisions provisions will be penalized by paying a fine of two thousand five hundred

58 (P2, 500.00) pesos or an imprisonment of six (6) months or both, at the discretion of the court, and confiscation of the fishing fishing boat and all instruments instruments used in whaling activities. Table 3 Penalties for the Provisions of MO 1, S-98 Implementation of Penalties FI

Areas/Aspects Ban on whali whaling ng within within the the territ territori orial al waters of Donsol, Sorsogon… a. Fine of P2, 500.00 500.00 b. Imprisonme Imprisonment nt of 6 months months c. Both such fine and imprisonment d. Confiscation of the fishing boat and all instruments used in whaling

I

MI

PI

NI

F

%

F

%

F

%

F

%

F

%

51 11 13 10

42 9 11 8

21 32 39 49

17 26 32 41

33 41 26 34

27 34 21 28

10 29 33 20

8 24 27 16

7 9 11 9

6 7 9 7

WM

QD

3.81

I MI MI MI

3.06 3.08 3.25

Legend: FI I MI PI NI

 – f  – fully implemented  – i  – implemented  – m  – moderately implemented  – p  – partially implemented  – not  – not implemented

%

F - frequency - percentage WM - weighted mean QD - qualitative description

The Municipal Ordinance No. 1, S-98 is a prohibition for any person to hunt, capture or catch, slaughter, transport, harm or hurt, disturb or harass the whale sharks at anytime and in any part of the territorial waters waters of the Municipality of Donsol. The majority majority or the forty-tw forty-two o (42%) percent percent of all the respondent respondentss agreed agreed that a fine of two thousand five hundred (P2, 500.00) pesos was fully implemented, but all in all having a weighted weighted mean mean of 3.81 indicate indicate that it it was just implemented implemented.. Thirty-fo Thirty-four ur (34%) (34%) percent percent of the respondents believed that imprisonment of six (6) months was moderately implemented with a weighted mean of 3.06. Thirty-two (32%) percent of the respondents think think that that both both the fine fine and impris imprisonm onment ent were were implem implement ented, ed, with with a weigh weighted ted mean mean of  of  3.08 indicating moderate implementation. For the confiscation of the fishery boat and all

59 instrument instrumentss used in whaling, whaling, forty-one forty-one (41%) (41%) percent percent of the respondent respondentss agreed it was implemented, with a weighted mean of 3.25 indicating a moderate implementation. Is the implementation for the penalties for violating the provisions on FAO 193 and MO 1, S-98 well implemented? According to some reports poachers who are caught whaling in the territorial waters waters of the Municipality of Donsol are not given appropriate penalties. penalties. Penalties Penalties are not strict strictly ly implemented implemented.. These were were reports reports that some regional regional police intelligence officers were seen chatting with crewmen of boats allegedly engaged in illegal illegal fishing. fishing. This is an indicati indication on of an intimat intimatee relatio relation n between between these these law implementer implementerss and law violator violators. s. There There must be “hidden illegal” transaction that is happening happening in the area. area. One cannot imagin imaginee that there there are protect protectors ors of illegal illegal fishin fishing g activities in Donsol, Sorsogon. And it is worst to know that law enforcers themselves are the protect protectors ors of these illegal illegal fishers fishers.. So one can say that that FAO FAO 193 and and MO 1, S-98 are are not fully implemented implemented in the the area due to to very light penalti penalties es or non-impleme non-implementati ntation on of the penalties for the violators of the provisions of the said policies. Some reports mentioned that policy implementation specially the adjudication of the penalties are not well implemented, but according to WWF-Philippines law enforcement took full force in the regular patrolling and monitoring of illegal fishing activities in the territorial waters of  the Munic Municipa ipalit lity y of Donsol Donsol,, Sorsogo Sorsogon. n. Illega Illegall fishin fishing g vessels vessels have have already already been been apprehended and formal charges have been filed in the court of law. Regulation of the Whale Sharks Interaction Code of Conduct. The Municipal

Government of Donsol regulates ecotourism activities such as whale shark interaction which is governed by necessary precautionary measures described in the whale shark  interactio interaction n code of conduct, developed developed for such purpose purpose to ensure the safety safety of the

60 swimmers/tourists and to minimize the disturbance of the sharks. The code of conduct includes: 1. No physical contact between b etween tourist and the whale sharks; 2. No restriction of  the movement of the sharks or other natural behavior such as feeding and mating; 3. No scuba, scooters, jet-ski or any other motorized underwater propulsion; 4. No flash photography is allowed; 5. Regulated number of swimmers with sharks [a maximum of  six (6) swimmers per whale sharks is allowed]; 6. The recommended distance from the whale sharks is three (3) meters from the head and body and four (4) meters from the tail; 7. There must be only one (1) boat per whale shark. Implementation of the Project “Protection of Whale Sharks and the Municipal Municipal Waters of Donsol, Sorsogon.” The Municipality of Donsol in partnership

with the World Wildlife Fund for Nature  –  Philippines implements the project “Protection of Whale Sharks and the Municipal Waters of Donsol, Sorsogon by enforcing the FAO 193 and other municipal fishery ordinances for protection and conservation of  whale sharks and other marine species, and developed a community-based eco-tourism program based on whale shark interaction. The following following are the responsi responsibilit bilities ies assumed assumed by the Local government government of  Donsol in implementing the project: 1. Provide venue for meeting, trainings and workshop; workshop; 2. Initiat Initiatee and conduct conduct the regular regular patrolling patrolling of of Donsol Donsol waters; waters; 3. Provide Provide sufficient berthing space along Donsol Pier for two boats; 4. Provide manpower and be responsible for the fuel, repair, and maintenance of the patrol boats and equipment provided by WWF-Phil; 5. Hire and deploy permanent and or full-time patrol boat operator mechanic for the two (2) patrol boats; 6. Ensure that the the boats and the equipment provided by WWF-Phil shall be used only for the purposes of patrolling, research,

61 monitoring community development activities and other related butanding activities.” 7. Maintain a logbook and issue trip tickets to monitor the use of the boats and other equipment and provide copies to WWF-Phil on a regular basis; 8. Identify participants to trainings and workshops, particularly in relation to patrolling and enforcement; 9. Organize, train and mobilize a genuine enforcement crusade; 10. Develop and and implement “Implementing Guidelines” for patrolling the municipal waters of Donsol; 11. Conduct  joint-planning, implementation, monitoring and evaluation of the project; 12. Ensure that tourists are given the proper orientation and guidelines prior to commencing whale shark  interaction and that the same are properly observed; 13. Facilitate the accreditation of  WWF-Phil as a non government organization operating in Donsol. On the other hand, the World Wildlife Fund for Nature –  Nature  – Philippines Philippines initiated the following measures: 1. Prepare the meetings, training and workshops, i.e., in identifying and informing informing

participants and or trainees, preparing the venue and meals; 2. Conduct

butanding research and monitoring through surveys, photo documentation, and data

sheets and sighting records; 3. Conduct an information, education and communication (IEC) campaign in promoting conservation of whale sharks and other marine resources; 4. Support the community-based eco-tourism livelihood (whale shark interaction tours guidelines and identification of other alternative enterprises to supplement eco-tourism activities); 5. Provide patrol boats and equipment such as radio base, hand-held radios, searchlight, life rings, life vests, basic snorkeling equipment and binoculars that will be used in patrolling the area to stop illegal activities and for monitoring proper whale shark  interactions; 6. Conduct meetings, initial training and workshop on coastal law enforcement enforcement;; 7. Assist Assist in the organizing, organizing, training training and mobiliz mobilization ation of a genuine

62 enforcement crusade; 8. Assist in the development of implementing guidelines for patrolling; 9. Assist in the conduct of joint-planning with the LGU and local partners for the project and enforcement crusade; 10. Conduct periodic joint-project monitoring and evaluation. Table 4 Penalties for the Provisions of FAO 193 Implementation of Penalties FI

Areas/Aspects Ban on taking or catching, selling, purchasing & possessing, transporting and exporting exporting of whale sharks… a. Fine of not less than P500.00 to not more than P5, 000.00 b. Imprisonment from 6 months to 4 years c. Both such fine and imprisonment d. Cancellation of permits or license e. Imposition of fine, cancellation cancellation of  permit or license and confiscation of  whale sharks

I

MI

PI

NI WM

QD

4

3.82

I

10

8

3.13

MI

16 5 8

13 4 7

2.96

MI I I

F

%

F

%

F

%

F

%

F

%

47

39

26

21

34

28

10

8

5

12

10

36

29

40

33

24

20

8 37 37

7 30 30

38 50 46

31 41 38

33 22 20

27 18 16

27 8 11

22 7 9

3.87 3.76

Legend: FI I MI PI NI

 – f  – fully implemented  – i  – implemented  – m  – moderately implemented  – p  – partially implemented  – not  – not implemented

%

F - frequency - percentage WM - weighted mean QD - qualitative description

The Fisheries Administrative Order No. 193 is a ban on taking or catching whale sharks in Philippine waters and or selling, purchasing and possessing, transporting and exporting of these endangered species dead or alive. Thirty-nine (39%) percent of the respondents respondents perceived perceived that a fine fine of not less less than five five hundred hundred (P500.00) (P500.00) pesos pesos to not more than five thousand (P5, 000.00) pesos is fully implemented; Twenty-one (21%) percen percentt percei perceived ved it is implem implement ented; ed; and twenty twenty-ei -eight ght (28%) (28%) percent percent percei perceived ved it is moderately moderately implemented implemented Total weighted weighted mean mean of 3.82 3.82 indicate indicate that it it was implemented implemented..

63 With the imprisonment from six (6) (6) months to four (4) years, thirty-three (33%) percent of all the respondents believed that it was moderately implemented in the area with a weighted mean of 3.13. Thirty-one (31%) percent of the respondents say both fine and imprisonmen imprisonmentt are implemented, implemented, with weighted weighted mean mean of 2.96 indicating indicating that that it was was moderately implemented. For the cancellation of permit or license forty-one (41%) percent of the total respondents percieved that it was implemented implemented with a weighted mean of 3.87. The thirtythirty-eight eight (38%) (38%) percent percent of the responden respondents ts perceived perceived that impositio imposition n of  fine, cancellation of permit or license and confiscation of whale sharks are implemented, with a total weighted mean of 3.76 indicating it was implemented. Establishment of the Marine Conservation Park in Donsol. In line with the

protection of the whale sharks in the municipal waters, the Local Government of Donsol through the Sangguniang Bayan shall establish a marine conservation park that will totally restrict human activities in the municipal waters that will directly and indirectly affect the whale shark population. These human activities include, but not limited to fishing, aquaculture, and use of fish aggregating devices, installation of fish corrals, maritime navigation, and industrial industrial extraction. Support Whale Shark Photo-Identification Library and Enforcement of  Photo-Identification in Donsol. The Municipality of Donsol together with World

Wildlife Fund for Nature – Philippines, Philippines, has collaborated with an Australian based research organization, ECOCEAN to support the whale shark Photo-Identification Library and to enforce photo-identification of whale sharks in Donsol, Sorsogon to develop a map of  their prefere prefered d habitat and their their migratory migratory pattern, pattern, and and develop a management management and conservation strategies for protection of the whale sharks. The library makes use of the

64 following measures: 1. A natural patterning on the skin of the whale sharks in conjunction with information on scars, sex, size, etc. to identify individual sharks; 2. Identifies individual whale sharks by using x, y coordinates to map the spots on the skin of each whale sharks (preferably in the left side behind the gills), similar to how NASA “maps” the stars in the galaxies; 3. Photos with substantial amount of information of information that is submitted to the library is compared to the stored photos of an identified whale shark  seen in different places of the world, that gives information concerning the routes or locations where these whale sharks are going that can be used used in developing management scheme worldwide for the whale sharks to ensure their survival. Photo identification involved the following methodologies: 1. Data Data were gathered using underwater digital camera (Olympus 770SW), mask with snorkel, fins, slate for recording other needed information (e.g. scars, sex, size, etc), and a GPS; 2. Once a whale hark hark was spotted spotted the the boat was positioned positioned to where where it was going, the researcher researcher entered the water with snorkeling equipment and camera; 3. To ensure the safety of both the researcher and the whale sharks, the Code of Conduct endorsed by the Shark Trust was followed. The researcher maintained a distance of at least three (3) meters from the body and head, and four (4) meters from the tail of the whale sharks; 4. Once in the water the researcher swam towards the approaching whale shark and positioned himself to get an appro appropri priate ate phot photogr ograph aph for for the the Photo-I Photo-Ident dentifi ificat cation ion;; The researc researcher her tried tried to photographs the left and right side of the shark; 5. The researcher then swam along with the shark to observe and gather more information needed in the library (e.g. sex, estima estimated ted size, size, scarr scarring ing,, etc). etc). The resea research rcher er took took note note or photog photograp raph h the notic noticeab eable le scarring and deformities on the fins; 6. The camera was set in multiple shot setting to get

65 as many photographs, and then later chose the best for Photo-Identification; 8. The animals were never touched and no n o flash photography was used. Extent of the Implementation of the Fisheries Administrative Order No. 193 and Municipal Ordinance No. 1, S-98

The extent extent of the implementat implementation ion of FAO 193 and MO 1, S-98 are weighed weighed in terms of of the degree degree of the protection protection and and conservation conservation measure measures. s. These protecti protection on and conservation measures are represented by various programs and projects evaluated and presen presented ted below: below: Table 5 Extent of the Implementation of FAO 193 & MO 1, S-98 Extent of Implementation of the FAO 193 & MO 1, S-98 FI I MI PI NI WM QD F % F % F % F % F %

Areas/Aspects 1.

Protection

a. Prohibition Prohibition on whaling within within the territorial waters of Donsol… b. Implementation of the project “Protection of Whale Shark…” c. Support Support & Enforcement Enforcement of photoidentification in Donsol… 2. Conserva rvation a. Initiation of “Butanding” Conservation Program b. Establishment of Communitybased Butanding Watching Project c. Regulation Regulation of Whale Shark  Shark  Interaction Code of Conduct d. Establishment of the Marine Conservation Park in Park in Donsol…

14

11

50

41

21

17

13

11

24

20

3.14

MI

19

16

57

47

16

13

10

8

20

16

3.37

MI

1

1

4

3

21

17

86

71

10

8

2.18

PI

10

8

36

30

49

40

15

12

12

10

2.74

MI

63

52

25

21

21

17

9

7

4

3

4.09

I

10

8

13

11

49

40

24

20

26

21

2.65

MI

3

2

8

7

15

12

22

18

74

61

1.72

PI

Legend: FI I MI PI NI

 – f  – fully implemented  – i  – implemented  – m  – moderately implemented  – p  – partially implemented  – not  – not implemented

%

F - frequency - percentage WM - weighted mean QD - qualitative description

66 Prohibition on Whaling Within the Territorial Waters of Donsol. From the

data, it can be inferred that protection measures for the endangered gentle-giant whale sharks sharks are is moderately moderately implemented. implemented. Majority Majority or fortyforty-one one (41%) (41%) percent of the the total total respondents agreed that prohibition on whaling within the territorial waters of the Municipality Municipality of Donsol, Donsol, Sorsogon Sorsogon is really implemented implemented in the the area. It is is a prohibit prohibition ion making it unlawful for any person or persons to hunt, capture or catch, slaughter, transport, harm or hurt, disturb or harass the whale sharks at anytime and in any part of  the territorial waters of the Municipality of Donsol, Sorsogon. Though the majority of the respondents answered that prohibition on whaling in Donsol, Sorsogon are implemented, it shows in the weighted mean of 3.14 that prohibition on whaling in the area is moderately implemented.

Prohibition on whaling within the territorial waters of  Donsol…

20%

11%

Fully Implemented Implemented

11% 41%

Moderately Implemented Partially Implemented Not Implemented

17%

Figure 3 Graph Showing the Prohibition on Whaling within the Territorial Waters of  the Municipality of Donsol per MO 1, S-98

67 Protection ion of of Whale Whale Sharks Sharks and and the the Implementation of the Project of “ Protect ” In the implementation of the project Municipal Waters of Donsol, Sorsogon. Sorsogon.”

“Protection of Whale Sharks and the Municipal Waters of Donsol, Sorsogon” forty-seven forty -seven (47%) (47%) perc percent ent of the the resp responde ondent nt agreed agreed it was was impl impleme emente nted. d. The The proje project ct was was implemented through mutual support and cooperation of the Municipality of Donsol, Sorsogon and the World Wildlife Fund for Nature  –  Philippines (WWF-Phil) or the Kabang Kalikasan ng Pilipinas (KKP) to protect the whale shark and other marine resources in the territorial waters of Donsol, Sorsogon through the implementation of the FAO 193 by banning the taking or catching, selling, purchasing and possessing, transporting and exporting of whale sharks. Similar to the previous measure the majority of the respond respondent entss perceiv perceived ed that that the the said said projec projectt was was modera moderatel tely y implem implement ented ed with with the weighted weighted mean of 3.37. 3.37.

Implementation of the project “Protection of Whale Shark…”

16%

16%

Fully Implemented Implemented

8% Moderately Implemented Partially Implemented

13% 47%

Not Implemented

Figure 4 Graph Showing the Implementation of the Project “Protection of the Whale Sharks the Municipal Waters of Donsol, Sorsogon” per Memorandum of Agreement entered by the Municipality of Donsol & the WWF –  WWF – Philippines Philippines

68  –  Philippines (WWFIn the survey done by the World Wildlife Fund for Nature  – Philippines Phil) forty-seve forty-seven n (47%) (47%) percent percent also of the respondents respondents believe believe that that FAO FAO 193 193 is is implemented in the area, while only nineteen (19%) percent do not believe that it is was implemented. Some reports show that the implementation of the policies concerning whale shark’s protection may not be that effective. In the Philippines where catching, selling, purchasing and possessing, transporting and exporting of whale sharks is prohibited, poaching still persist. The implementation of the FAO 193 has been ignored by various various stakeholders stakeholders of the the local community community particul particularly arly the fisherm fishermen. en. As few days after its issuance, another whale shark was caught in the territorial territorial waters of Donsol, Sorsogon and towed out to Masbate for butchering. For more than five years of the implementation of the said policies concerning whale sharks protection and conservation, a fleet of armed illegal fishing called ‘Pangulong” ‘Pangulong” continues to operate in Donsol. Donsol. This will greatly affect the whale sharks population as it operates directly in the municipal waters, that will destroy the feeding ground of these endangered species, the whale sharks. According to the World Wildlife Fund for Nature-Philippines (WWF-Phil) the ban, though fortuitous for Donsol, further complicated whale sharks conservation and management initiatives in other parts of the country. New sites were reportedly reportedly fished by Taiwanese brokers and slaughtering to occur in the high seas. Anecdotal reports of  poaching were received and international trade continued. As discussed, poaching is still pervasive in the many areas of the country. Poaching, net-trapping, and or encroachment of commercial commercial fisheries fisheries in municipal municipal waters waters threaten threaten the whale sharks sharks as as well in the municipal waters of Donsol. Donsol. In January 2000 WWF-Philippines, in collaboration with the local government of Donsol, implemented a project on law enforcement to protect whale

69 sharks and the municipal waters of Donsol from these threats. The main objective of this initiative is to reduce threats on whale sharks from poachers, tourism disturbances, illegal fishing activities and to conserve their natural habitat through effective enforcement of  Fisheries Administrative Order 193, other local fisheries laws, and the butanding interaction guideline. Support and Enforcement of Photo-Identification in Donsol. More than a half 

or sevent seventyy-one one (71%) (71%) perce percent nt of the respon respondent dentss percei perceived ved that that photo-i photo-iden dentif tifica icatio tion n of  whale sharks sharks in Donsol, Donsol, Sorsogon Sorsogon is partially partially implement implemented, ed, as it is also indicated indicated in the weighted weighted mean of 2.18 that that this was partially partially implemented implemented in the area. area.

Support & Enforcement of photo-identification in Donsol… 1% 8%

3% 17%

Fully Implemented Implemented Moderately Implemented Partially Implemented Implemented Not Implemented

71%

Figure 5 Graph Showing the Support in Whale Shark’s Photo-Identification Photo -Identification Library and Enforcement of Photo-Identification in Donsol, Sorsogon

Photo-identification activities was not right away accepted by various sectors particular particularly ly the concerned concerned agencies agencies and organizations organizations involved involved in the whale whale shark  ecotourism industry which are not accustomed to research activities in the waters of 

70 Donsol, Donsol, for the fear fear of driving driving off the the whale whale sharks sharks that that may affect affect their their tourism tourism livelihood. According to the World Wildlife Fund for Nature  – Philippines  –  Philippines (WWF-Phil), the problem arises at the time of execution of the photo-identification project project where there was short short notice notice to the concern concerned ed agencies agencies and and organizati organization on like like the Munici Municipal pal Tourism Tourism Office, the Butanding Interaction Officers (BIO), and the Boat Operators Association (BOA). (BOA). This problem problem may have been caused by the WWF-Phili WWF-Philippine ppiness informing informing earlier earlier the direct direct stakeholde stakeholders rs of the whale shark shark ecotouris ecotourism m industry. industry. Other Other problems problems in the photo-identi photo-identifica fication tion activity activity arose arose on the part of the researcher researcher like getting getting high quality and appropriate photo-graphs for the Photo-Identification Library is a challenge when the water visibility is not good and when the whale sharks were too shy for photo-taking. Initiation of Butanding Conservation Program. With regards to the

conservation measures, the Municipality of Donsol initiated a “Butanding” Conservation al community’s awareness of the whale sharks near  Program in order to heighten the loc local extinction, extinction, and and establish established ed the need need for its its protectio protection n and conservat conservation. ion. Forty (40%) percent percent of the the respondent respondentss perceived perceived the the conservation conservation program program for whale sharks sharks are moderately implemented, and thirty (30%) percent of all the respondents said that it was implemented in the area, with a weighted mean of 2.74 indicating it was moderately  – Philippines implemented. In the research done by the World Wildlife Fund for Nature Nature –  Philippines (WWF-Phil) (WWF-Phil) thirty thirty (30%) percent percent of the respondents respondents think think that conservati conservation on activities activities are undertaken in the area, and the fifty-eight (58%) percent of all respondents do not. In the year 1996 to 197, the World Wildlife Fund for Nature  –  Philippines (WWF-Phil) and Siliman University conducted a fishery and trade study of whale sharks, with the objective of assessing the demographic and socio-economic trends, fishery profiles and

71 ecological awareness of fishing communities involved in direct or indirect whale sharks fishery as well as to collect pertinent biological, population and fishery data that will lead to increase understanding of the species. Data gathered were used in the formulation of  conservation and management strategies that would ensure sustainability of the fishery and or of the whale shark shark population. population.

Initiation of “Butanding” Conservation Program

10%

8% Fully Implemented

12%

Implemented 30%

Moderately Implemented Partially Implemented Not Implemented

40%

Figure 6 Graph Showing the Initiation of  Butanding Conservation Program per MO 1, S-98

Establishment of Community-based Butanding Watching Project. As the

establishment of community-based butanding watching project, fifty-two (52%) (52%) percent of the responde respondents nts perceived perceived that the projec projectt was fully fully implemen implemented, ted, with with a weighted weighted mean of 4.09, 4.09, but as a whole as implem implemented. ented. In July 1998, the WWF-Philppi WWF-Philppines nes initiated the Whale Shark (Butanding) Ecotourism Development Project, with the goal to conserve whale sharks and their habitat in Donsol through the proper development and management management of whale sharks ecotourism. ecotourism. Foremost Foremost in in this this involveme involvement nt was through through

72 enhancement and strengthening of the capacity of the local stakeholders in whale sharksharkbased ecotourism program and related services services like tour boat operations, whale shark  interactio interaction n guides, and development development of a whale shark ecotouris ecotourism m management management plan, inclusive of strategies destination, planning and workshops. The benefits of this project include include high public public awareness, awareness, promotion promotion of non-consumptive non-consumptive use of whale whale sharks, enhanced community development through training in tourism-related services, increased local pride, and increased tourism revenues.

Establishment of Community-based Butanding Watching Project

7% 3%

Fully Implemented Implemented

17% 52%

Moderately Implemented Partially Implemented Not Implemented

21%

Figure 7 Graph Showing the Establishment of Community-based Butanding Watching Project per MO 1, S-98

Regulation of Whale Shark Interaction Code of Conduct. As to the regulation

of whale shark shark interaction code of conduct, forty-nine (49%) percent of the respondents perceived it was moderately moderately implemented with a weighted mean of 2.65. In the research research done by the WWF-Philippines on the interaction guidelines compliance of the tourist and interaction officers revealed twenty (20%) percent non-compliance, wherein the Code of 

73 Conduct endorsed by the Shark Trust in order to ensure the safety of both the tourist and the whale sharks, which is to maintain a distance of at least three (3) meters from the head and body of the shark and at least four (4) meters from the tail was not really strictly implemented.

Regulation of Whale Shark Interaction Code of Conduct

8% 21%

11%

Fully Implemented Implemented Moderately Implemented Partially Implemented

20%

Not Implemented 40%

Figure 8 Graph Showing the Regulation of the Whale Shark Interaction Code of Conduct

Stories of touching the sharks by some of the Butanding Interaction Officers (BIO’s) was revealed by WWF WWF-Philippines, -Philippines, where there was an instance that the researcher personally witnessed this kind of activity which is very disturbing to the whale sharks. sharks. Before Before the tourists tourists are allowed allowed to interact interact with these these animals animals they were instruc instructed ted what not to do with the sharks. It was also observed that some of the curious tourist tourist cannot resist touching these creatures. The policy of one shark one boat has some irregularities also, for instance if the sightings are not good, boats tend to flock on a single shark shark just just to satisfy satisfy the tourists. tourists. Though there were some some irregulari irregularities ties in the the whale shark interaction, it was observed that most of the BIO’s and members of the Boat

74 Operators Association Association (BOA) were strictly strictly following the existing policies which is a good implication for a responsible eco-tourism. Giving secondary instruction by the BIO’s to the tourists while onboard the boat before leaving the beach is a good practice to ensure the welfare of the tourist and the sharks. Just recently the Municipal Tourism Office of Donsol have developed a guidelines to lessen the tourism impacts by limiting the number of boats going out for interaction interaction to 25 boats at a time and by limiting the number of traveling hours (3 hours) for for each boat. Interaction guidelines had been also also developed in Donsol to prevent driving off the sharks and injuries to tourist. However, it has been observed that the enforcement of these guidelines has not also been enforced strictly. Establishment of the Marine Conservation Park in Donsol. The majority or

sixty-one (61%) percent of the respondents concluded that the establishment of the marine conservation park in the municipal waters of Donsol, Sorsogon is not implemented with a weighted mean of 1.72 indicating it was partially implemented in the area. The establishment of the marine conservation park, marine reserves/sanctuary or marine protected areas is the latest innovation and or strategy by the Municipality of  Donsol and the WWF-Philippines WWF-Philippines to protect and conserve ocean’s natural resources and other marine marine reserves. reserves. It is also control control and limit the the use and exploitation exploitation of our marine marine resources for the the conservation of the various fishery resources resources like the whale whale sharks and to increase its production.

75 Establishment of the Marine Conservation Park in Donsol…

2% 7%

Fully Implemented 12%

61%

Implemented Moderately Implemented Partially Implemented

18%

Not Implemented

Figure 9 Graph Showing the Establishment of the Marine Conservation Park in Donsol, Sorsogon Responses of the Stakeholders of the Local Community in the Implementation of  Fisheries Administrative Order No. 193 and Municipal Ordinance No. 1, S-98

The stakeholders’ responses in the implementation of FAO 193 and MO 1, S-98 are presented in terms of local community’s awareness, compliance of the local community and their perception regarding local government’s political will in the implem implement entati ation on of the said said policie policies. s. These These respon responses ses are shown shown in the table table below. below. Tabl Tablee 6 Responses of the Stakeholders of the Local Community in the Implementation of FAO 193 and MO 1, S-98

Areas/Aspects 1. Local community’s awareness of  the FAO 193 and MO 1, S-98 2. Compliance of the local community in the FAO 193 and MO 1, S-98 3. Local community’s perception regarding local government’s political will in the implementation of  FAO 193 and MO 1, S-98

Extent of the Responses of the Stakeholders of the Local Community WM VH H M L VL QD % % % % % 4.02 62 5 16 6 11 H 14

66

12

6

2

3.84

H

2

14

57

24

3

2.89

M

76 Legend: VH H M L VL

 – v  – very high  – h  – high  – m  – moderate  – low  – low  – very  – very low

% WM QD

- percentage - weighted mean - qualitative description

Awareness of the Local Community in the Implementation of the FAO 193 and MO1, S-98. The publicity publicity given to the whale sharks sharks has changed the directio direction n of 

whale shark conservation in the Philippines. The high commercial value of whale shark  meat, both in the international and local markets, has created sufficient incentive for fishers in Donsol and neighboring towns to engage in whale shark hunting and trade. The slaughter of 6 whale sharks, as publicized by the media, caught the attention of various groups which raised concern over the slaughter. As a result, the Bureau of Fisheries and Aquatic Resources (BFAR) issued the Fisheries Administrative Order (FAO) 193 banning the killing and trading of whale sharks and manta rays through-out the Philippines. The LGU of Donsol also enacted ordinances totally banning whaling and declaring its municipal waters as whale shark sanctuary. In terms of the local community’s awareness of the FAO 193 and MO1, S -98 more than a half of the total respondents are highly aware of the said policies concerning whale sharks protection and conservation, having the weighted mean of 4.02 indicating Philippines survey’s revealed seventy-two seventy-two percent (72%) percent high awareness. WWFWWF-Philippines of the respondents are aware of the FAO 193 while twenty-two (22%) percent are unaware. With the need for protection protection and conservation of these endangered gentle-giant whale sharks a massive Information and Education Campaign (IEC) was set up using various media. Lectures and public presentations were conducted in front of sectoral

77 organization organizationss in Donsol as well as the general public. public. Brochures Brochures and fact sheets were also distributed to various groups of audiences for use as an information tool on whale sharks biology and need for conservation. Its main objective was to increase awareness of the local community and the general public on the present status of whale sharks and the need to protect and conserve them. Local community’s awareness of the FAO 193 and MO 1, S-98

11% 6%

16% 62%

Very High High Moderate Low Very Low

5%

Figure 10 Graph Showing Awareness of the Local Community in the Implementation of the FAO 193 and MO 1, S-98

Compliance of the Local Community in the Implementation of FAO 193 and MO1, S-98. The compliance compliance of of the local local community community to the FAO 193 193 and MO1, MO1, S-98 in

terms of : (a) supporting IEC’s, community consultation and implementation of the measures for whale sharks protection and conservation, and (b) active participation in patrolling, monitoring and coastal law enforcement of the protection and conservation for the whal whalee sharks sharks shown shown

sixtysixty-six six (66%) (66%) perc percent ent of the resp responde ondents nts agre agreed ed that that the

compliance compliance of of the local communi community ty to FAO 193 193 and MO MO 1, S-98 S-98 is high, having a weighted mean of 3.84 indicating high compliance.

78 According to WWF, since a growing number of people are getting involved in coastal law enforcement, the presence of the said non-governmental organization in the area as project proponent and as partner in coastal law enforcement proved advantageous in terms of motivating the local people to pursue the project implementation as it gradually empowers the local community toward self-sufficiency. The general public, which includes the fisherfolks, farmers, youth and educators, were supportive of the community consultations and took active participation in decision-making. This is to prove that local community are not just complying with the implementation of the FAO 193 and MO 1, S-98 S-98 but also get involved involved themselves themselves in the the coastal law law enforcement enforcement of  the protection and conservation measures for the whale sharks, as well as in the local tourism trade and environmental education.

Compliance of the local community in the FAO 193 and MO 1, S-98

6% 2%

14%

12% Very High High Moderate Low Very Low

66%

Figure 11 Graph Showing the Compliance of the Local Community in the Implementation of the FAO 193 and MO 1, S-98

79 Local Community’s Perception Concerning Local Government’s Political Will in the Implementation of FAO 193 and MO1, S-98. With regards to the local

community’s

perception

regarding

local

governments’

political

will

in

the

implementation of the FAO 193 and MO 1, S-98 in terms of: (a) regular patrolling and monitoring of the movements of any fishing vessels in the area where these gentle-giants are frequently spotted, (b) duly imposition of penalty for violating the provisions of FAO 193 and MO1, S-98, (c) biases in the implementation of the measures, and (d) ningas cogon; fifty-seve fifty-seven n (57%) percent percent of the the respondents respondents concluded concluded that the local local government’s political will is moderate.

Local community’s perception regarding local government’s political will in the implementation of  FAO 193 and MO 1, S-98

3%

2%

14%

24%

Very High High Moderate Low Very Low 57%

Figure 12 Graph Showing the Local Local Community’s Perception Concerning Local Government’s Political Will in the Implementation of the FAO 193 and MO 1, S-98

It has been said, despite of the implementation of the FAO 193 and MO 1, S-98, the policies concerning whale sharks protection and conservation, poaching of these endangered endangered species species still continued continued in the Philippine Philippine waters, waters, particularly particularly in Donsol,

80 Sorsogon. This is largely due to absence of political will among local government officials, lack of manpower and resources resources to implement the ban. Recommendations to Improve the Implementation of Fisheries Administrative Order No. 193 and Municipal Ordinance No. 1, S-98

The implementation of FAO 193 and MO 1, S-98 by the Municipality of Donsol, Sorsogon, in order to be more effective effective need some more improvements in its measures of  enforcement. The Local Government of Donsol, Sorsogon in order to improve the measures of implementation of these protection and conservation acts for the endangered whale sharks should should consider consider the follow following ing recommen recommendation dationss from the World World Wildlife Wildlife Fund for Nature  –  Philip Philippin pines es and and the the rese researche archerr himse himself lf that that are shown shown in the table table below: Table 7 Recommendations to Improve the Implementation of the FAO 193 and MO 1, S-98 Recommendations 1. Imposing heavier penalty for those persons who violates the prohibition on whaling activities in the municipal waters of Donsol 2. Requiring all motorized boats to use propeller guards 3. Adopting whale shark’s tagging in Donsol, Sorsogon



     

General Objectives To totally eliminate the taking or catching, slaughtering, selling, purchasing and possessing, transporting and exporting, harming or hurting, disturbing or harassing whale sharks in the territorial waters of the Municipality of Donsol To prevent physical injury to the whale sharks To minimize the disturbance of the whale sharks To determine the number of whale sharks visiting the municipal waters of Donsol six months a year To determine the migratory routes that these animals follow after feeding in the waters of Donsol To create a network of Marine Protected Areas that will protect the migration routes, feeding and breeding sites of whale sharks To increase the worldwide understanding of the current conservation status of these endangered species, the whale sharks

Imposing Imposing Heavier Heavier Penalty for Those Persons Who Violated Violated the Prohibition Prohibition on Whaling in Donsol. The recommendations considered in this study to improve the

implementation of the whale sharks protection and conservation through Fisheries

81 Administrative Order No. 193 and Municipal Ordinance No. 1, S-98 by the Municipality of Donsol Donsol include include three measures. measures. First, First, is to enact enact and implement implement a policy policy imposing imposing much heavier penalty for violating the prohibition on taking or catching, selling, purchasing and possessing, transporting and exporting whale sharks and all whaling activities in the territorial waters of the Philippines, particularly in Donsol, Sorsogon. At present, violation of FAO 193 shall subject the offender to a fine of not less than five five hundred hundred (P500.00) pesos to not more more than five thousand (P5, (P5, 000.00) pesos or imprisonment from six (6) months to four (4) years, or both such fine and imprisonment depending on the discretion of the court; or to cancel his permit or license or to impose such fine and to cancel his permit or license at the court’s discretion including the confiscation of the whale sharks for proper disposition/documentation of the government. On the the other other hand, hand, any person or group group of of persons persons who violate violate the provisi provisions ons of  of  Ordinance No. 1, S-98 is penalized by paying a fine of two thousand five hundred (P2, (P2, 500.00) pesos or an imprisonment of six (6) (6) months or both, at the discretion of the court; court; and a confiscation of the fishing boat and all instruments used in whaling by the Local National Police, Barangay Tanods Crew of Bantay Dagat, and other authorized persons. These penaltie penaltiess on the prohibit prohibition ion of whale whale sharks sharks exploitati exploitation on is to assure assure that no one will be threatened that much to violate the ban on whaling activities in the territorial waters of Donsol, Sorsogon. On the the record, despite of the laws on prohibition of whale sharks exploitation, poaching still exists in Donsol and in its nearby towns. By imposing much heavier penalty violators might be threatened and totally refrain from poaching whale sharks.

82 Requiring all Motorized Boats to Use Propeller Guards. Another Another measure measure is to to

enact and implement a policy requiring all motorized boats in Donsol, Sorsogon to use propeller guards. Another common threat to whale sharks is the propeller of the boat. Boats for fishing in the municipal waters of Donsol including those that are being used in the interaction do not have a propeller guard. It has been observed and recorded by the  –  Philippines in the photo-identification activities that a World Wildlife Fund for Nature  – Philippines lot of shar sharks ks have have cuts cuts and and scars scars from from the the prop propell eller er of of the the boat. boat. Some Some have have even even truncation on their fins. By making sure that all all motorized boats use propeller guards, whale sharks are free from harm and injuries caused b y the propeller of the boats. Adopting Whale Sharks’s Tagging in Donsol, Sorsogon. Lastly Lastly,, there there is need need

to enact and implement a policy adopting whale shark’s tagging in the municipal waters of Donsol, Sorsogon Sorsogon in order to determine the number of whale sharks sharks visiting the area six months a year, and its migratory routes after feeding in the waters of Donsol, Sorsogon. This measure will also create a network of Marine Protected Areas that will protect the migration routes, feeding and breeding sites of whale sharks, and ultimately to increase worldwide understanding of the current conservation status of these endangered species. Tagging of whale sharks involves scientifically accepted methods and technical  – Philippines equipments designed by World Wildlife Fund for Nature Nature –  Philippines and other foreign organization. Whale sharks are tracked through satellite by deploying and attaching four (4) PAT tags and four (4) position-only satellite tags –  tags – aa real-time tracking gadget.

83 Chapter 5 SUMMARY, FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

This chapter chapter gives the summary, summary, conclusion conclusionss and recommendati recommendations ons of the study. study. It recapulates recapulates the the problem of the study and and the summary of findings. findings. Summary

This This study study determ determined ined the degree degree of implem implement entati ation on of the measur measures es of of the the Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98 by the Municipality of Donsol, Sorsogon Sorsogon which promotes the protection and conservation measures for the endangered gentle-giant whale sharks. The study answere answered d the followi following ng sub-problems sub-problems:: 1. What measure measuress were undertake undertaken n by the Municipali Municipality ty of Donsol Donsol in implemen implementing ting the Fisheries Administrative Order No. 193 and the Local Ordinance No. 1, S-98? 2. What is the the extent of of implementa implementation tion of the Fishe Fisheries ries Adminis Administrati trative ve Order No. No. 193 and and the the Munici Municipal pal Ordi Ordinan nance ce No. No. 1, S-98 S-98 in terms terms of of Prote Protecti ction on and Conservation? 3. What are are the response responsess of the stakeho stakeholders lders of the local local community community in the the implementation of Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98? 4. What What can can be reco recommen mmended ded to impr improve ove the implem implement entati ation on of of Fisher Fisheries ies Administrative Order No. 193 and Local Ordinance No. 1, S-98? The study was deemed important as it hopes to emphasize the following objectives: objectives: a. To give give insights how the Municipa Municipality lity of Donsol Donsol administer administerss the implementation of the ban; b. To give importance on the autonomy of the Local

84 Government Government of Donsol Donsol in policy implement implementation; ation; c. To indicate indicate the extent of the policies policies implementation; d. To enhance the awareness of the local communities as well as the researcher himself, the students and the whole academe on the preservation and protection of the endangered whale sharks before its extinction; e. To serve as a guide for future students and researchers researchers on the subject which will look deeper into the problem of  the implementation of the ban. The descriptive method of research was used in this study. Questionnaire, interview guide and documentary analysis were the data-gathering instruments used in this study. The statistical tools used were weighted mean and percentage techniques. The total total respond respondent entss in this study study were were 150, 150, which which comes comes from from variou variouss sectors sectors of of the local local community of Donsol, Sorsogon. Findings

Based on the the analyses analyses and interpre interpretatio tation n of the data, the the following following are the findings. 1. On the the measur measures es undertak undertaken en by the Muni Municip cipali ality ty of of Donsol Donsol in imple implemen menting ting the Fisheries Administrative Order No. 193 and the Local Ordinance No. 1, S-98.

There are seven (7) measures considered in the implementation of FAO 193 and MO 1, S-98. These are programs and projects for the protection and conservation of the endangered gentle-giant gentle-giant whale sharks. These measures were: Initiation of “Butanding” Conservation Program; Establishment of Community-based Butanding Watching Project; Prohibition on whaling within the territorial waters of the Municipality of Donsol; Regulation of the Whale Shark Interaction Code of Conduct; Implementation of the  project “Protection of Whale Shark and the Municipal Waters of Donsol, Sorsogon”;

85 Establishment of the Marine Conservation Park in Donsol and; Support Whale Shark  Photo-Identification Library Library and Enforcement of photo-identification in Donsol. Donsol. 2. On the extent extent of the implem implementati entation on of the Fisherie Fisheriess Administrati Administrative ve Order No. 193 and the Municipal Ordinance No. 1, S-98 in terms of protection and  conservation.

In terms of protection measures for the endangered gentle-giant whale sharks: Most of the stakeholder stakeholderss of the local community community believed believed that prohibition prohibition on whaling and implementation of the protection of whale sharks and the municipal waters of Donsol, Sorsogon was implemented. The majority of the respondents strongly believed that photo-identi photo-identifica fication tion of whale sharks in Donsol, Donsol, Sorsogon Sorsogon is partially partially implement implemented ed in the area. With regards regards to the conservati conservation on measures measures for whale whale sharks sharks that are are initiated initiated by the the Muni Munici cipa pali lity ty of of Dons Donsol ol:: Most of the respondents agreed that “Butanding” Conserv Conservati ation on Progra Program m is modera moderatel tely y implem implement ented ed and the major majority ity belie believed ved that that Community-Based Butanding Watching Project was fully implemented and they concluded concluded that the Establishmen Establishmentt of the Marine Conservati Conservation on Park in Donsol is not implemented. 3. On the responses responses of the stakeholders stakeholders of the local local community community in the implementation of Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98.

The stakeholders’ responses are in terms of local community’s awareness, compliance and perception regarding local government government’’s political will in the implementation of the  ban. The local community’s awareness of the implementation of 

86 the FAO 193 and MO 1, S-98 is very high and they have high compliance in the protection protection and conservation conservation measures measures for the whale sharks. With regards regards to the local community’s

perception

regarding

local

governments’

political

will

in

the

implementat implementation ion of the said policies, policies, the the majority majority of the stakeholde stakeholders rs concluded concluded that the local government’s government’s political will is moderate. moderate . 4. On

the recommendatio recommendations ns

to

improve improve the

implemen implementatio tation n

of

Fisherie Fisheriess

 Administrative Order No. 193 and Local Ordinance No. 1, S- 98.

The recommendations considered by the Municipality of Donsol to improve the implementation of the FAO 193 and MO 1, S-98, S-98, the policies concerning whale whale sharks protection and conservation include three measures. The first is to legislate and implement a policy imposing heavier penalty for for the persons who violate the prohibition on whaling activities in the municipal waters of Donsol; the second is to legislate and implement a policy requiring all motorized motorized boats to use propeller guards; and third, to legislate and implement a policy adopting whale shark’s tagging in Donsol, Sorsogon. Conclusions

Based on the foregoing findings, the following conclusions are given: 1. Concerning Concerning the implementati implementation on of the the FAO 193 193 and MO 1, S-98, the the Municipality of Donsol in partnership with the World Wildlife Fund for Nature  –  Philippines (WWF-Phil) enforced various programs and projects as measures for the protection and conservation of the endangered gentle-giant whale sharks. 2. The enforceme enforcement nt of FAO FAO 193 and MO 1, S-98 S-98 as to protec protection tion and and conservation conservation through through various various programs programs and projects projects differ differ on the extent of their implementation.

87 3. The local community’s awareness and compliance of the implement implementation ation of the FAO 193 and MO 1, S-98 S-98 is high, and they perceived that local governments’ political will in the implementation of the said policies is moderate. 4. The Municipalit Municipality y of Donsol consider considered ed three (3) recommen recommendation dationss to improve improve the implementa implementation tion of the the FAO 193 and MO 1, 1, S-98 which includes includes the followi following: ng: To enact and implement a policy imposing heavier penalty for those persons who violate the prohibition prohibition on whaling whaling activities activities in the municipal municipal waters waters of Donsol; Donsol; To enact and implement a policy requiring all motorized boats to use propeller guards; and, To enact and implement a policy adopting whale shark’s tagg ing in Donsol, Sorsogon. Recommendations

In the light of the foregoing findings and conclusions, the recommendations are forwarded: 1. The implem implement entati ation on of FAO FAO 193 193 and MO 1, S-98 S-98 and other other munici municipal pal ordinances for the protection and conservation of the whale sharks sharks should be intensify by involving actively the various sectors of the local community in the measures of  implementation of the various programs and projects for the effective enforcement of the said policies. 2. All resolutions and ordinances concerning whale sharks protection and conservation conservation should should be consolidated consolidated and updated. Heavier Heavier penalties penalties for the violations violations of  its provi provisio sions ns should should be impose imposed d and should should be strict strictly ly enforce enforced. d. 3. Whale shark’s tagging in Donsol, Sorsogon should be enforced enforced to establish establish Marine Protected Areas/Marine Conservation Park that will protect the migration routes, feeding sites and breeding sites of the whale sharks and other marine species.

88 4. The Whale Sharks Interaction Interaction Code of Conduct should be strictly implemented. Butandi Butanding ng Inter Interact action ion Office Officers rs should should wholeh wholeheart eartedly edly observ observed ed among among thems themselv elves es the the strict implementation of the said guidelines and be a model and better guide to the tourist. “Photo5. The enforcement enforcement of photo-ide photo-identifi ntificatio cation n should be supporte supported d and “PhotoIdentification Library in Donsol, Sorsogon” Sorsogon” should should be establishe established. d. 6. Linkages Linkages should be strengthene strengthened d and assistance assistance from other concerned concerned agencies agencies and organizations for sustainable sustainable financing system should be sought. 7. Monitoring Monitoring and feedbacking feedbacking evaluation evaluation structure structure should be created. created.

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“Whale Shark: The Biggest Fish in the World,” (Province of Sorsogon: Donsol Town, Feeding Ground of Butanding, Local Name for Whale Sharks), FANTASHIRT, TM & © 2000 ARCHVISHOP ARCHVISHOP ∞9 Inc. All rights reserved.

95

APPENDICES

96 APPENDIX A Republic of the Philippines DEPARTMENT OF AGRICULTURE Office of the Secretary Elliptical Road, Diliman, Quezon City

March 25, 1998 FISHERIES ADMINISTRATIVE ) ORDER NO. 193_ : Series of 1998…. )

SUBJECT:

Ban on the taking or catching, selling, purchasing and possessing, transporting and exporting of Whale sharks and Manta Rays.

Pursuant to Sections 65 and 107 RA No. 8550 otherwise known as the Philippine Fisheries Code of 1998, the following rules and regulations for the protection and conservation of whale sharks and manta rays in Philippines waters are hereby promulgated:  – The terms used herein shall be construed as follows: SECTI SECTION ON 1. Defi Definit nitio ion n – The a)

Whale sharks – a  – a large elasmobranch elasmobranch of the family Rhincodontidae, of the

species  Rhindodon typus characterized externally by a broad, flattered head, a very large and nearly terminal mouth, very large gill slits, three prominent longitudinal ridges on its upper flanks, a large first dorsal fin, a semi-lunate semi-lunate caudal fin and a unique “checkerboard” pattern of light spots and stripes on a dark background. b)

 – a large elasmobranch of the family Mobulidae, synonymous  Manta rays  – a with the giant Atlantic manta ( Manta  Manta birostris )

97 c)

Take or catch  –  includes the killing, capturing, trapping, snaring and

netting of whale shark and manta rays. ra ys. d)

 – includes barter, exchange, or offering or exposing for sale. Sell  – includes

e)

 Possess  –  means to have actual or constructive possession or control

thereof. f)

 – means to carry or move or cause to be carried or moved. Transport  – means

g)

 Export – means  – means to send or ship out of the country. countr y.

 – It shall be unlawful to take or catch whale shark and manta SECTION SECTION 2. Prohib Prohibiti ition on – It rays in Philippine waters or to sell, purchase, possess, transport, or export the same whether dead or alive, in any an y state or form whether raw or processed. It shall likewise, be unlawful to wound or to kill whale shark and manta rays in the course of catching other species of fish. Whale shark and manta rays which are accidentally included in the catch by any gear shall immediately be released unharmed in the sea; otherwise the liability shall be deemed to still exist. Dead whale shark and manta rays which are drifted to the seashore shall be surrendered to the nearest Department of Agriculture (DA) Regional Field Unit or Bureau of Fisheries Regional or Provincial Fishery Fishery Office, as the case may be for proper disposition. SECTION 3. Issuance of Permit Permit to Conduct Conduct Research Research and/or Collect Collect Specimens Specimens for Research/Scientific Purposes. The Secretary or his duly appointed representative, upon

the recommendation of the Direction of the Bureau of Fisheries and Aquatic Resources (BFAR), may issue a Special Permit in favor of any government or private institution engaged in purely research work on whale shark and manta rays, subject subject to such terms and conditions as the DA Secretary may deem wise to impose.

98  – Violation of this Order shall subject the offender to a fine of not SECTI SECTION ON 4. Pena Penalt lty y – Violation less than five hundred (P500.00) pesos to not more than five thousand (P5,000.00) pesos or imprisonment from six (6) months to four (4) years, or both such fine and imprisonment depending on the discretion of the court; Provided, that the discretion of  the Fisheries and Aquatic Resources is is hereby empowered to impose upon the offender an administrative administrative fine fine not more than five thousand (P5,000.00) pesos pesos

or to cancel his

permit or license or to impose such fine and to cancel his permit or license at his discretion including the confiscation of the whale shark and/or manta rays for proper disposition/documentation of the government. SECTION 5. Repealing Clause  –  All existing administrative orders, rules and

regulations which are inconsistent with the provisions of this Order are hereby repeated. SECTION SECTION 6. Effecti Effectivit vity y  –  This Order shall take effect fifteen (15) days after its

publication in the Official Gazette and/or in two (2) newspaper of g eneral circulation.

(SGD.) SALVADOR SALVADOR H. ESCUDERO ESCUDERO III Secretary

RECOMMENDED BY:

(SGD.) DENNIS B. ARAULLO Director Bureau of Fisheries and Aquatic Resources

99 APPENDIX B Republic of the Philippines MUNICIPALITY OF DONSOL Sorsogon

SANGGUNIANG BAYAN

 April 1, 1998 

The Provincial Provincial Secretary Secretary Sangguniang Panlalawigan Sorsogon, Sorsogon

Sir: We transmit herewith a copy of Municipal Ordinance No. 1, S-98 enacted by the Sangguniang Bayan of this Municipality on March 27, 1998, for your kind consideration. Thank you.

Very truly yours,

(SGD.) FELIZARDO M. PERALTA

SB Secretary

Encl.: as stated

100 Republic of the Philippines MUNICIPALITY OF DONSOL Sorsogon

SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE SPECIAL SESSION OF THE SANGGUNIANG BAYAN, MUNICIPALITY OF DONSOL, PROVINCE OF SORSOGON, HELD AT ITS SESSION HALL ON MARCH 27, 1998.

PRESENT:

Hon. Glenn A. Lubiano Hon. Salve R. Ocaya Hon. Jose S. Roldan Hon. Sergio T. Guarin, Jr. Hon. Zenaida R. Malto Hon. Eufracio L. de Borja Hon. Senador R. Razo Hon. Eduardo B. Dy Hon. Elsa A. Abitria Hon. Ronald A. Mallilin

- Presiding Presiding Officer Officer - Kagaw Kagawad ad - Kagaw Kagawad ad - Kagawad - Kagaw Kagawad ad - Kagaw Kagawad ad - Kagaw Kagawad ad - Kagaw Kagawad ad - ABC Presi Presiden dentt - SK Presi Presiden dentt

ABSENT:

Hon. Migdonio H. Cleofe

- Kagaw Kagawad ad

ORDINANCE NO. 1, S-98 AN ORDINANCE TOTALLY BANNING WHALING WITHIN THE TERRITORIAL WATERS OF THE MUNICIPALITY OF DONSOL, PROVINCE OF SORSOGON AND FOR OTHER RELATED PURPOSES

Be It Ordained by The Sangguniang Bayan of Donsol, Sorsogon, In Session Assembled That: SECTION 1 - Scope  –  This Ordinance shall totally ban whaling within the territorial

waters of the municipality of Donsol, Province of Sorsogon and for other Related Purposes; SECTION SECTION 2 - Definiti Definition on of Terms Terms  –  When used in this ordinance, the words and

phrases are hereby defined:

101 a. Whale Shark  – Scientifically named “Rhincodon Typus” and locally known as “Butanding”, a harmless world’s largest fish, which can grow up to 60 feet long, weigh up to 20 tons, has spotted body and very small teeth adapted for feeding on plankton. A major tourist attraction, but considered endangered species worldwide.  –  the industry of hunting, capturing and/or catching of whale sharks b. Whaling – the or butanding.  – to carry or convey the whale sharks from one place to another c. Transporting  – to either by seacraft or by an offshore transport vehicle. d.  Harming or hurting  – to  –  to inflict injury using bladed spears of any kinds such as harpoon, etc., toxic materials and substances, throwing unwanted fish nets into the sea (butanding get trapped and get caught and these are drawn immediately, other swim swim on until they are are entangled that they can no longer move). Har asing – any e.  Disturbing or Harasing  – any activity that would result to the driving a way of 

the butanding in their tranquil habitat. f. Slaughtering  – the  –  the act of killing, specifically, the butchering of butanding for personal use or for market. g.  Plankton  –  a floating, weekly swimming or drifting plant or animal organic life of the sea or other smaller sea-living creatures.  – a barbed spear with a rope tied to it for catching whales. h.  Harpoon  – a i.

Toxic Materials and Substances  –  any poisonous solid materials and

substances substances that that can cause fishkill. fishkill.

102 Example: Substances –  such as crude oil, gasoline, pesticide, etc. such

 – plastic bags, mistaken for jellyfish, eat them and die. Solic Materials – plastic  j.  Endangered Species  – a  – a one of its kind in great danger or becoming extinct.  – extinguished, no longer existing, lifeless. k.  Extinct  – extinguished, l.

Territorial Waters  –  include streams, lakes, and tidal waters within the

municipality, but also marine waters included between lines drawn perpendicularly to the general coastline and 15 kilometers from it. When two (2) municipalities are so situated on the opposite shores of the respective municipalities. SECTION 3 - Safe guarding guarding whale sharks:

The Local Government Unit shall initiate a “Butanding” Conservation Program in order to heighten public awareness of the butanding’s butanding’s near -extinction, -extinction, establish protected areas and raise funds for the purpose; SECTION 4 - Establishment of Community-Based Butanding Watching Project:

A Community based Butanding Watching Project shall be established with the cooperation of NGO’s and PO’s and other interested sectors. sectors. The project shall provide the coastal communities with an alternative source of livelihood and s hall divert people’s effort towards developing a local eco-tourism industry; SECTION SECTION 5 - Prohibi Prohibitio tion: n:

It shall be unlawful for any person or persons to hu nt, capture or catch, slaughter, transport, harm or hurt, disturb or harass the whale sharks at anytime and in any part of 

103 the territorial waters of the municipality of Donsol, Sorsogon. Section 86 of the Philippine Fisheries Code of 1998 is hereby adopted in the particular section;  – Enforcement SECTION 6 - Administrati Administrative ve Provisio Provisions ns –  Enforcement of this ordinance shall be guided by the following provisions:

a. the municipal municipal government government through through the the Local Local Chief Executive Executive shall shall provide provide the the necessary equipment, like motorized banca, telescope, (radio transceiver) and the like to agencies involved in related whale shark activities; b. The Municipal Municipal Agricul Agriculturis turistt with Bantay Bantay Dagat Dagat crew shall shall regularly regularly patrol the the area from barangay barangay Ogod to barangay barangay Sta. Cruz. c. The Philippine Philippine Nationa Nationall Police Police through through the Chief Chief of Police Police in coordi coordination nation with the Philippine Coast Guard shall assign a team to accompany the Bantay Dagat and other agencies in patrolling the area; d. The barangay barangay tanods tanods through through their their respective respective barangay captain captainss shall also also patrol their respective area and shall monitor the movement of any fishing vessel; and e. The Local Local Chief Chief Executive Executive upon notice notice shall shall cause cause the the immediate immediate inspection/apprehension of any suspected fishing vessel in the area. SECTION SECTION 7 - Repeal Repealing ing Clauses Clauses: All Municipal Ordinances, rules and regulations

which area in conflict with this ordinance are hereby repealed. SECTI SECTION ON 8 - Pena Penalt lty y: Any person or group of persons who violate/s the provisions of 

this ordinance shall be penalized as follows: 1. A fine of Two Thousan Thousand d Five Hundre Hundred d (P2,500.00) (P2,500.00) Pesos Pesos or or an impriso imprisonment nment of Six (6) months or both, at the discretion of the court;

104 2. Confiscation Confiscation of of the fishing fishing boat and and all instrume instruments nts used used in whaling whaling by the Local National National Police, Police, Barangay Barangay Tados Crew Crew of Bantay Dagat, Dagat, and other authorized persons; 3. Section Section 88, of RA.8550, RA.8550, is hereby hereby adopted adopted in this this section. section. SECTION 9 -

 – This ordinance shall take effect immediately. Effectivity – This

APPROVED: I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING.

(SGD.) GLENN A. LUBIANO Presiding Officer

ATTESTED: (SGD.) FELIZARDO M. PERALTA SB Secretary

APPROVED:

(SGD.) MELCHOR T. AQUINO, JR.

Municipal Mayor

105 APPENDIX C MEMORANDUM OF AGREEMENT KNOW ALL MEN BY THESE PRESENTS:

The Memorandum of Agreement entered into by b y and between: The MUNICIPAL GOVERNMENT OF DONSOL , a local government unit, vested with corporate mandated under R.A. 7160, otherwise known as the local Government code of 1991, having the capacity to enter into contracts, represented by the HON. JEROME F. ALCANTARA in his capacity as Mayor of the town of Donsol,

hereinafter hereinafter referred referred to as the Municipality of Donsol. and

The WORLD WILDLIFE FUND FOR NATURE  –  PHILIPPINES (WWFPHILIPPINES), also known as KABANG KALIKASAN NG PILIPINAS (KKP),

with office address at 23 Maalindog Street, U.P. Village, Diliman Quezon City, a nongovernmental organization committed to environmental conservation, represented herein by its President, DR. CELSO R. ROQUE, hereinafter referred to as KKP. WITNESSETH that: WHEREAS, the Department of Agriculture issued Fisheries Administrative

Order No. 193 (FAO 193) on March 25, 1998 instituting the ban on the taking or catching, selling, purchasing and possessing, transporting of whale sharks and manta rays in Philippines waters; WHEREAS, the Municipality of Donsol in the province of Sorsogon is found to

be a significant significant habitat habitat of whale whale sharks sharks or butanding (local name) and is considered a major eco-tourism destination of whale shark interaction tours;

106 WHEREAS, the Municipality of Donsol has declared its municipal waters as a

whale shark sanctuary; WHEREAS, the Municipality of Donsol needs support in implementing a well

managed tourism whale shark interaction and conservation as well as an efficient enforcement of fisheries laws rules, regulations and ordinances; WHEREAS, KKP has been implementing a Whale Shark Research and

Conservation Program in the Philippines; “Community-Based WHEREAS, KKP has initiated and implemented the “Community -Based whale Shark Ecotourism Development and Conservation Management Project “Proctection of  Whale shark and the Municipal Waters of Donsol, Donsol, Sorsogon” to assist the community in the enforcement of both local and national ordinances protecting the marine environment and its resources; WHEREAS, both parties herein recognize the of conservation initiatives to

ensure non-consumptive utilization of whale sharks through ecotourism; NOW THEREFORE, for and in consideration of the above premises, the

Municipality of Donsol and KKP hereby agree on the following; ARTICLE 1. OBJECTIVES The MUNICIPALITY OF DONSOL and KKP do hereby hereby agree implement implement the  project “Protection of Whale Shark and the Municipal Waters of Donsol, Sorsogon”. Both parties shall render mutual support and cooperation in the protection of whale sharks and the municipal waters of Donsol, Sorsogon, and in butanding conservation and ecotourism development to achieve the following objectives:

107 1.1

To gather gather additi additiona onall info informa rmatio tion n on on the the whale whale sharks sharks and use it to prod produce uce resource management policies;

1.2

To incr increas easee the the aware awareness ness and establ establish ish the need to cons conserv ervee the the whale whale sharks sharks and other marine resources;

1.3

To assi assist st the the comm communi unity ty in in devel developi oping ng thei theirr capaci capacity ty to prope properly rly manage manage the ecotourism program based on whale shark interaction;

1.4

To recomm recommend end a manage managemen mentt plan plan for an eff effect ective ive non-con non-consum sumpti ptive ve util utiliza izatio tion n and conservation of whale sharks through eco-tourism;

1.5

To sup suppo port rt the the com commu muni nity ty and the the LGU LGU in in enfo enforc rcin ing g FAO FAO 193 193 and and othe otherr municipal fishery ordinances, including laws against dynamite fishing and other illegal fishing practices and the butanding interaction guidelines;

1.6

To org organ anize ize,, trai train n and mob mobil ilize ize a gen genui uine ne enf enfor orce ceme ment nt cru crusa sade de at the the Barangay/community and Municipal level. ARTICLE 2. RESPONSIBILITITES OF THE PARTIES PARTIES

2.1 2.1

The The MU MUNICI NICIPA PALI LITY TY OF DONS DONSOL OL shal shall: l:

2.1.1 2.1.1

Provi Provide de venue venue for for meeting meeting,, traini trainings ngs and and works workshop; hop;

2.1.2

Initiate Initiate and conduct conduct regular regular the patrolling patrolling of Donsol waters; waters;

2.1.3

Provide Provide suffic sufficient ient berthing berthing space space along Donsol Pier for two boats; boats;

2.1.4

Provide Provide manpower manpower and be responsibl responsiblee for the fuel, fuel, repair, repair, and maintenanc maintenancee of the patrol boats and equipment provided by KKP

2.1.5

Hire and deploy deploy permanent/f permanent/full-ti ull-time me patrol patrol boat boat operator operator mechani mechanicc for the two (2) patrol boats;

108 2.1.6

Ensure Ensure that the boats boats and and the equipme equipment nt provided provided by KKP shall shall be be used only only for for the purposes of patrolling, research, monitoring community development activities and other related butanding activities”; activities” ;

2.1.7

Maintain Maintain a logbook logbook and issue issue trip trip tickets tickets to monitor monitor the use use of the boats and other other equipment and provide copies to KKP on a regular basis;

2.1.8

Identify Identify partic participants ipants to training trainingss and worksh workshops, ops, partic particularly ularly in relation relation to patrolling and enforcement;

2.1.9 2.1.9

Organi Organize, ze, train train and and mobilize mobilize a genuine genuine enfor enforcem cement ent crusa crusade; de;

2.1.10 Develop and implement “Implementing Guidelines” for patrolling the municipal waters of Donsol; 2.1.11 Conduct Conduct joint-planning, joint-planning, implementa implementation, tion, monitoring monitoring and evaluation evaluation of the project; project; 2.1.12 Ensure Ensure that tourists tourists are given the proper orientat orientation ion and guidelines guidelines prior prior to commencing whale shark interaction and that the same are properly observed. 2.1.13 Facilitate Facilitate the accreditat accreditation ion of KKP as an non government organizati organization on operating operating in Donsol. 2 .2

KKP shall:

2.2.1

Prepare Prepare the the meetings, meetings, training training and workshops, workshops, i.e., in identify identifying ing and informing informing participants and / or trainees, preparing the venue and meals;

2 . 2 .2

Conduct

butanding

research

and

monitoring

through

surveys,

photo

documentation, data sheets and sighting records. 2.2.3 2.2.3

Conduc Conductt an an infor informat mation, ion, educati education on and and comm communi unicat cation ion (IEC) (IEC) campaig campaign n in in promoting conservation of whale sharks and other marine resources;

109 2.2.4

Support Support the community-ba community-based sed eco-tour eco-tourism ism liveli livelihood hood (whale (whale shark interaction interaction tours guidelines and identification of other alternative enterprises to supplement eco-tourism activities;

2.2.5

Provide Provide patrol patrol boats and equipme equipment nt such such as radio base, hand-held radios, radios, searchlight, life rings, life vests, basic snorkeling equipment and binoculars that will be used in patrolling the are to stop illegal activities and for monitoring proper whale shark interactions.

2.2.6

Conduct Conduct meetings, meetings, initial initial training training and worksho workshop p on coastal coastal law enforceme enforcement. nt.

2.2.7

Assist Assist in the organizin organizing, g, training training and mobiliza mobilization tion of of a genuine genuine enforcement enforcement crusade.

2.2.8

Assist Assist in in the development development of impleme implementing nting guideli guidelines nes for patrolling patrolling..

2.2.9

Assist Assist in the conduct conduct of joint-planni joint-planning ng with with the LGU LGU and local local partners partners for the the project and enforcement crusade

2.2.10 Conduct Conduct periodic periodic joint-project joint-project monitorin monitoring g and evaluation. evaluation. ARTICLE 3. OTHER PROVISIONS a. All boats boats and and equipm equipment ent shall shall be be registe registered red under under KKP. b.

The The boa boats ts and and equ equip ipme ment nt shal shalll be be use used d sol solely ely for for pat patro roll llin ing, g, rese resear arch ch,, awareness tour and community development work, save in cases of  emergencies and other circumstances of such nature. One of the boats shall be prioritized for research and community activities of KKP.

c.

All All equ equip ipme ment nt and and ser servi vice cess sha shall ll only only be used used for for the the exec execut utio ion n of of the project and shall not be used for purposes other th an execution of the project.

110 d.

KKP KKP sha shall ll reca recall ll from from the Muni Munici cipa pali lity ty of Dons Donsol ol the the use use of the boat boat and and other equipment should be latter violate any of the terms and conditions set forth in this Memorandum of Agreement. In such an event, the responsibility of the Municipality of Donsol with respect to the maintenance of the boat and its personnel is logically extinguished. ARTICLE 4. GENERAL CONDITIONS

4.1

All report reports, s, maps maps,, plans plans,, desig designs, ns, and other other recor records ds gath gather er and and redu reduced ced in the the course of project implementation shall be the property of the Municipality of  Donsol, Sorsogon, the KKP and the funding agency of the project project and shall not be used for purposes unrelated to this agreement without the prior written approval/consent of all aforementioned parties.

4.2

Any changes changes,, addit addition ionss and and omiss omission ionss in work work cover covered ed by these these Agree Agreement ment may be affected through consultation and shall be subject to written approval/consent by both parties;

4.3

to ensure the successful implementation of the “Protection of Whale Sharks and the Municipal Waters of Donsol, Sorsogon,” both parties are enjoined to give their full support and cooperation and to facilitate proper and immediate communication pertaining to the program activities.

111 ARTICLE 5. EFFECTIVITY This MOA shall take effect upon signing by the parties, the Municipality of Donsol and KKP IN WITNESS WHEREOF, the parties have hereunto affixed their respective signature on this __24th___ day of __August_____ 2000. For the Municipality of Donsol:

For KKP:

(SGD.) JEROME F. ALCANTARA Mayor

(SGD.) DR. CELSO R. ROQUE President

Signed in the presence of:

(SGD.) MIGDONIO CLEOFE Vice-Mayor

(SGD.) ROMEO B. TRONO Vice-President

_______________________ Japanese Embassy Officer/Representative

112 REPUBLIC OF THE PHILIPPINES CITY CITY OF _______ __________ _______ _______ ____ _ ) SS ACKNOWLEDGMENT In the city of __________________ , on the ____ day of _____, 2000, personally appeared before me the following who represent that they are the Mayor of the Municipality of Donsol and the President of KKP respectively, indicated, described and named in the foregoing Memorandum of Understanding, known to me to be the same persons who executed the same instrument on behalf of the local government unit/organi unit/organization zation named named therein, therein, acknowledged acknowledged to me that the same same is the free and voluntary act and deed of the said government agency/organization, and exhibited to me their respective community tax certificates c ertificates as follows: CTC No.

Place/Date Issued

Hon. Jerome F. Alcantara

06719871

Donsol, Sor/1-4-2000

Dr. Celso R. Roque

02635608

Quezon City/1-14-2000

IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of  _______________ , 2000. NOTARY PUBLIC Doc No No.

_______

Page No. _______ Book No. _______ Series of 2000

113 APPENDIX D Republic of the Philippines MUNICIPALITY OF DONSOL Sorsogon SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN, MUNICIPALITY OF DONSOL, PROVINCE OF SORSOGON, HELD AT ITS SESSION HALL ON MARCH 9, 1998

PRESENT:

Hon. Senador R. Razo Hon. Salve R. Ocaya Hon. Jose S. Roldan Hon. Zenaida R. Malto Hon. Eufracio L. de Borja Hon. Elsa A. Abitria Hon. Ronald A. Mallilin

- Temp. Presiding Officer - Ka Kagawad - Ka Kagawad - Ka Kagawad - Kagawad - AB ABC President - SK President

ABSENT:

Hon. Glenn A. Lubiano Hon. Sergio T. Guarin, Jr. Hon. Migdonio H. Cleofe Hon. Eduardo B. Dy

- Vi Vice Mayor - Kagawad - Kagawad - Kagawad

RESOLUTION NO. 16, S-98 RESOLUTION DECLARING DONSOL’S MUNICIPAL WATER AS PROTECTED AREA FOR WHALE SHARKS OR LOCALLY KNOWN AS “BUTANDING” WHEREAS, the Municipal water of Donsol have been the habitat of a rare specie and world’s largest fish, the whale shark or scientifically called “RHINCODON TYPUS,” known locally as “BUTANDING,” WHEREAS, the fishermen of this town have complained that rampant commercial fishing in nearby waters has resulted in the slaughter of some of the whale sharks; WHEREAS, conservation of whale sharks could develop ecotourism in the area and improve the income of the barangay people in the coastal area especially in the sea of barangay Sibago where the whales are often spotted and have been visited by International marine Biologist Scott A. Eckert, a senior American Biologist of the Hubbs-sea world research institute based in San

114 Diego, California and the Sorsogon Provincial tourism Council headed by mrs. Cecilia H. Duran. Now, therefore, on Motion of Kagawad Salve R. Ocaya, jointly jointly seconded by Kagawad Eufracio L. de Borja and Zenaida R. Malto, be it –  it –  RESOLVED, as it is hereby resolved, to declare the Donsol Municipal water as protected area for whale sharks or locally known as “Butanding.” RESOLVED FURTHER, that copies of this resolution be furnished the Sangguniang Panlalawigan, the Office of the Governor, Province of Sorsogon, the Office of the Municipal Mayor, The Sorsogon Provincial Tourism Council and all other concerned agencies. UNANIMOUSLY APPROVED. I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING.

(SGD.) SENADOR R. RAZO Temp. Presiding Officer

115 APPENDIX E Republic of the Philippines MUNICIPALITY OF DONSOL Sorsogon SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG BAYAN, MUNICIPALITY OF DONSOL, PROVINCE OF SORSOGON, HELD AT ITS SESSION HALL ON NOVEMBER 17, 2003

PRESENT:

Hon. Salve R. Ocaya Hon. Antonio R. Merciales Hon. Nicolas A. Nato Hon. Vicente B. Bonaobra Hon. Leilany C. Peralta Hon. Alejandro l. Rico Hon. Armando C. Abitria Hon. Zaldy A. Advincula Hon. Jerome R. Alcantara

- Pr P residing Officer - Councilor - Co Councilor - Councilor -C Co ouncilor - Co C ouncilor - Councilor - Councilor - SK President

ABSENT:

Hon. Argel V. Hernandez Hon. Oro C. Mirabueno

- Co C ouncilor - AB A BC President

RESOLUTION NO. 85, S –  S – 2003 2003 RESOLUTION DECLARING THE MUNICIPAL WATERS OF DONSOL, AS FISH SANCTUARY AND FOR OTHER RELATED PURPOSES WHEREAS, the municipal waters of Donsol is abundant with aquatic animals of  different varietal species including plankton serving attractant as food for whale sharks “RHINCODON TYPUS’ locally known as”BUTANDING,” WHEREAS, the sightings of biggest number of Butanding in the municipal waters of  Donsol have been published both in local and foreign print and broadcast media and in television have resulted in the influx of local and foreign tourist thereby thereby bringing in additional revenue to the municipal coffer in particular and the constituencies in general; WEREAS, the municipality of Donsol and its municipal waters, through the support and effort of Secretary Richard Gordon of the Department of Tourism, is in the process process of identifying identifying it as component of the Tourism Enterpri Enterprise se Zone Authority (TEZA) wherefore, big and small fishing vessels, causing

116 destruction to coral reefs and other means of habitat for fishes, will be strictly prohibited to fish therefrom. NOW THEREFORE, on motion of Councilor Armando C. Abitria unanimously seconded this body –  body –  RESOLVED, as it is hereby DONE to declare the municipal waters of Donsol, Sorsogon as fish sanctuary. LET COPY of this resolution be forwarded to all government and private agencies concerned for their information and guidance. UNANIMOUSLY APPROVED. I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING.

(SGD.) SALVE R. OCAYA Presiding Officer

ATTESTED: (SGD.) FELIZARDO M. PERALTA SB Secretary

APPROVED: (SGD.) JEROME F. ALCANTARA Municipal Mayor

117 APPENDIX F SAMPLE AND SAMPLING TECHNIQUE

Population of the 5 Selected Coastal Barangays of Donsol, Sorsogon Bgy. Dancalan

2, 031

Bgy. Gimagaan

1, 367

Bgy. Ogod

2, 763

Bgy. Pangpang

1, 008

Bgy. Bgy. Pun Punta ta-W -Wal alin ingg-Wa Wali ling ng

1, 588 588 8, 757 –  757 – Total Total

n=_ N___ N____ _ 2 1+ N(e) Where:

n = sample size e = marginal error 1 = constant number N = target number of population n=_ 8,757__ 8,757____ __ 2 1+ 8,757(.09) n = _ _ 8,757_ 8,757____ ___ 1+ 8,757 (.0081) n=_

8,757__ 8,757____ __ 1+ 70.9317

n=_

8,757__ 8,757____ __ 71.9317

n = 121.7405 n = 122

118 APPENDIX G BICOL UNIVERSITY Masters of Arts in Public Administration THESIS WRITING (Interview Schedule)

Name: __________________________________________ Position: ________________________________________ Office/Organization: _______________________________ This interview schedule is aimed to measure how the Municipality of Donsol implements the policies prohibiting whale shark’s shark’ s exploitation and how is it effective (the respondents would be the Mayor and Vice Mayor of the Municipality of Donsol, all Sangguniang Bayan members, the head of the law enforcers-the local PNP and coast guard and some selected barangay captains).

Specifically, the study tests the following questions.

1. What are are the measure measuress undertaken undertaken for the protectio protection n and conservat conservation ion of the whale sharks in the municipal waters of Donsol?

2. What What are are the the recomm recommenda endatio tions ns that that can be be adopted adopted to impro improve ve the implem implement entati ation on of  FAO 193 and Ordinance No. 1, S. 98?

3. Some Some oth other er con concer cerns ns to to add. add.

119 APPENDIX H Republic of the Philippines BICOL UNIVERSITY Graduate School Legazpi City QUESTIONNAIRE Part I. Respondent Profile

Name: ___________ ___________________ _______________ ______________ _______________ ________ Sex: ____________ __________________ _______ _ Address: Address: _________ _________________ _______________ ______________ ______________ ________ _ Age: ______________ ___________________ _____ Organization: Organization: ______________ _____________________ ______________ ______________ _______ Occupation: Occupation: _____________ _____________ Part II. Extent of the Implementation Implementation of the Fisheries Administra Administrative tive Order No. 193 and Municipal Ordinance No.1, S-98

A. Programs Programs and projects projects for the protectio protection n and conservation conservation of whale sharks sharks The items listed below are programs and projects for protection and conservation of whale sharks through implementation of FAO 193 and MO 1, S-98. Please rate the level of implementation of these various programs and projects in the Municipality of  Donsol. Kindly encircle the number that corresponds to your rating for each item. The rating scale means: 5 – F  – Fully Implemented 2 – Partially  – Partially Implemented  – Implemented  – Not Implemented 4 – I 1 – Not  – Moderately Implemented 3 – Moderately 1. Initiation of “Butanding” Conservation Program 2. Establishment of Community-based Butanding Watching Project 3. Prohib Prohibiti ition on on whalin whaling g within within the the territo territoria riall waters waters of the Municipality of Donsol 4. Implementation of the project “Protection of Whale Shark and the Municipal Waters of Donsol 5. Establishm Establishment ent of the Marine Marine Conser Conservatio vation n Park in the municipal municipal waters of Donsol, Sorsogon 6. Regulation of Whale Shark Interaction Code of Conduct 7. Suppor Supportt the Whale Whale Shark Shark Photo-Id Photo-Ident entifi ificat cation ion and Enforc Enforceme ement nt of photo-identification in Donsol

5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1 5 4 3 2 1

B. Penal enalti ties es Below are the penalties for violations of the provisions of FAO 193 and MO 1, S98. Please rate the level of implementation of these penalties in your place using the following rating scale:

120  – Fully Implemented 5 – F  – Implemented 4 – I 3 – Moderately  – Moderately Implemented

 – Partially Implemented 2 – Partially  – Not Implemented 1 – Not

1. Ban on taking or catching catching whale sharks sharks in Philippine Philippine waters waters and or selling, selling, purchasin purchasing g and possessing, transporting and exporting of these endangered sp ecies dead or alive f. Fine Fine of not less less than than five five hundr hundred ed (P50 (P500.0 0.00) 0) pesos pesos to to not not more than five thousand (P5, 000.00) pesos 5 4 3 2 1 g. Imprisonment from six (6) months to four (4) years 5 4 3 2 1 h. Both such fine and imprisonment 5 4 3 2 1 i. Cancellation of permits or license 5 4 3 2 1  j. Imposition of fine, cancellation of permit or license license 5 4 3 2 1 and confiscation of whale sharks 2. Prohibitio Prohibition n for any person person or persons persons to hunt, hunt, capture or catch, catch, slaughter, slaughter, transpor transport, t, harm or hurt, disturb or harass the whale sharks at anytime and in any part of the territorial waters of the Municipality of Donsol a. Fine Fine of two thousa thousand nd five five hundre hundred d (P2, (P2, 500.00) 500.00) pesos pesos 5 4 3 2 1 b. Imprisonment of six (6) months 5 4 3 2 1 c. Both such fine and imprisonment 5 4 3 2 1 d. Confiscati Confiscation on of the fishing fishing boat and all instruments instruments used in whaling whaling 5 4 3 2 1 Part III. Responses of the Stakeholders of the Local Community in the Implementation of Fisheries Administrative Order No. 193 and Municipal Ordinance No.1, S-98

Below are statements which will determine the responses of the various stakeholders of the local community in the the implementation of FAO 193 and MO 1, S-98. Please give your honest opinion regarding each statement by encircling the number that corresponds to your choice. Each number in the scale means: 5 – V  – Very High 4 – H  – High  – Moderate 3 – Moderate

2 – Low  – Low 1 – Very  – Very Low

1. Local community’s awareness of the FAO 193 and MO 1, S-98 5 4 3 2 1 2. Comp Compli lian ance ce of the the loca locall com communi munity ty in the the FAO FAO 193 193 and and MO 1, S-98 S-98 5 4 3 2 1 5 4 3 2 1 a. Supporting IEC’s, community consultation and implementation of the measures for whale sharks’s protection protec tion & conservation b. Active participati participation on in patrolling, patrolling, monitoring monitoring and coastal coastal law 5 4 3 2 1 c. enforcement of the protection and conservation measures 5 4 3 2 1 for the whale sharks. 3. Local community’s perception regarding local government’s political will in the implementation of FAO 193 and MO 1, S-98 5 4 3 2 1 a. Regular patrolling and monitoring of the movements of any 5 4 3 2 1 fishing vessels in the area where these gentle-giants are frequently spotted

121 b. Duly Duly impo imposi siti tion on of penal penalty ty for for viol violat atin ing g the the prov provis isio ions ns of FAO FAO 193 and MO1, S-98 c. Biases on the implementation of the measures d. Ningas cogon

Part IV. Recommendations to Improve the Implementation Administrative Order No. 193 and Municipal Ordinance No.1, S-98

5 4 3 2 1 5 4 3 2 1 5 4 3 2 1

of

Fisheries

List down some recommendations that can be considered to improve the implementation of the FAO 193 and MO 1, S-98:________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ __________________.

122 APPENDIX I Republika ng Pilipinas PAMANTASAN PAMANTASAN NG BIKOL Paaralang Graduado Lungsod ng Legazpi TALATANUNGAN Pang Pangal alan an:: ___ _____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ _ Tira Tiraha han: n: ____ ______ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ _ Tang Tangga gapa pan: n: ____ ______ ____ ___ _____ ______ ____ ____ ____ ____ ___ _

Kasa Kasari rian an:: ___ _____ ____ ____ ____ ____ ____ ____ ____ ___ _ Gula Gulang ng:: ___ _____ ____ ____ ____ ___ _____ ______ ____ ___ _ Hana Hanapb pbuh uhay ay:: ____ ______ ____ ____ ____ ____ ____ __

Unang Bahagi: Lawak ng Pagpapatupad sa Pangingisda Pangasiwaan Blg. 193 at Ordinansang Pangmunisipal Blg. 1, S-98

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Kautusang

A. Mga Programa Programa at Proyekto Proyekto para para sa Pangangalaga Pangangalaga at Pagpapan Pagpapanatili atili ng mga mga Butanding Nakalahad sa ibaba ang mga detalye ng mga programa at proyekto para sa pangangalaga at pagpapanatili ng mga butanding sa pamamagitan ng pagapapatupad ng FAO 193 at MO 1, S-98. S-98. Lagyan ng marka ang mga antas sa pagpapatupad ng iba’t ibang programa at proyekto ng pamahalaang bayan ng Donsol, Sorsogon. Bilugan ang mga bilang na tumutukoy sa inyong kasagutan sa bawat aytem. Narito ang mga batayan sa pagmamarka:  – Lubusang Ipinatupad 5 – L  – Ipinatupad 4 – I 3 – Katamtamang  – Katamtamang Ipinatupad

 – Di-lubusang Ipinatupad 2 – Di-lubusang  – Hindi Ipinatupad 1 – Hindi

1. Pagp Pagpap apas asim imul ulaa ng Programang “Pangangalaga sa mga Butanding” 2. Pagta gtatatag ng Pamaya ayanan nan sa Pagbibigayay-Pansin sa mga Buta utanding 3. Pagbabawal Pagbabawal sa paglapastanga paglapastangan n ng mga butanding butanding na saklaw saklaw ng karagatan karagatan ng pamahalaang pamahalaang bayan ng Donsol 4. Pagpapatupad sa proyektong “Pangangalaga sa mga Butanding at sa mga karagatang sakop ng Donsol” 5. Pagtatatag sa Pangangalaga ng Liwasang Pandagat ng pamahalaang bayan ng Donsol, Sorsogon 6. Alituntutnin sa “Whale Shark Interaction Code of Conduct” Photo -Identification” at pagpapatupad 7. Pagtangkilik sa “Whale Shark Photong “Photo“Photo-Identification” sa pamahalng bayan ng Donsol

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123 B. Kapa Kaparu rusa saha han n Nakasaad sa ibaba ang mga parusa sa paglabag ng mga probisyon ng FAO 193 at MO 1, S-98. Lagyan ng marka ang mga antas sa pagpapatupad ng kaparusahan sa inyong lugar gamit ang mga sumusunod na bilang sa pagmamarka 1. Pagbabawal Pagbabawal sa paghuhu paghuhuli, li, pagpapabil pagpapabilii at pagkakalakal pagkakalakal ng mga mga butanding butanding sa mga nilalang na nanganganib na maubos a. Pagmumulta ng hindi bababa sa limandaang piso (P500) at hindi lalabis sa limang libong piso (P5000) b. Pagka agkaku kullong ong mula mula anim nim (6) (6) na buwa buwan n hang hangga gang ng apat apat (4) na taon taon c. Karampatang pagmumulta at pagkakulong d. Pagpapawalang-bisa sa mga pahintulot o lisensya e. Pagpapataw ng multa, pagwawalang-b g-bisa sa mga pahintulot at pagsamsam o pag-embargo ng mga butanding

na kabilang kabilang 5 4 3 2 1 5 5 5 5

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2. Pagbabawal Pagbabawal sa sinumang sinumang manghul manghuli, i, kumatay, kumatay, manakit manakit at paglalag paglalagay ay sa panganib panganib sa mga butanding sa alinmang bahagi ng karagatan na saklaw ng pamahalaang bayan ng Donsol a. Pagmumulta ng dalawang libo at limandaang piso (P2,500) 5 4 3 2 1 b. Pagkakakulong ng anim (6) na buwan 5 4 3 2 1 c. Karampatang pagmulta at pagkakulong 5 4 3 2 1 d. Pagsamsam o pag-embargo ng mga Bangka sa pangingisda at 5 4 3 2 1 sa lahat ng kagamitan na ginagamit sa paglapastangan ng mga butanding Ikalawang Bahagi: Katugunan ng mga Mamumuhunan sa Pamayanang Lokal sa Pagpapatupad ng Pangingisda ng Kautusang Pangasiwaan Blg. 193 at Ordinansang Pangmunisipal Blg. 1, S-98

Nakasaad sa ibaba ang mga pahayag ng mga kasagutan kasagutan ng iba’t ibang mamumuhunan sa pamayang local sa pagpapatupad ng FAO 193 at MO 1, S-98. Ibigay ang inyong matapat na opinion kaugnay sa mga pahayag. Bilugan ang mga bilang na tumutukoy sa inyong napili. Narito ang mga batayan sa pagmarka:  – Lubhang Mataass 5 – L 4 – M  – Mataas 3 - Katamtaman

 – Mahina 2 – Mahina 1 - Mahinang-mahina

1. Pagkakaroon ng sapat pat na kaa kaalaman at kamalaya ayan sa FAO 193 at MO 1, S-98 2. Pagsunod ng pamayanang lokal sa FAO 193 at MO 1, S-98 3. Pananaw ng pamayanang lokal kaugnay sa kapasiyahan ng pamahalaang lokal sa pagpapatupad ng FAO 193 at MO 1, S-98

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124 Ikatlong Bahagi: Mga Mungkahi sa Pagpapabuti ng Ipinapatupad sa Pangingisda ng Kautusang Pangasiwaan Pangasiwaan Blg. 193 at Ordinansang Ordinansang Pangmunisipal Pangmunisipal Blg. 1, S-98

Magbigay ng mga mugkahi na maaring makapabuti sa pagpapatupad ng FAO 193 at MO 1, S-98: ___________________________________________________________ _______________________ ____________________________________ _______________________ _______________________ _____________________________ ___________________ ___ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _________________________________________________________.

125 APPENDIX J Republic of the Philippines Bicol University GRADUATE SCHOOL Legazpi City

CERTIFICATION

TO WHOM IT MAY CONCERN: This is to certify that this thesis entitled “THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVE ORDER NO. 193 AND ORDINANCE NO. 1, S98 BY THE MUNICIPALITY OF DONSOL,” DONSOL ,” prepared and submitted by ROMMEL R. REGALA had been edited by the undersigned. Issued upon request of the interested party for reference purposes and whatever it may serve.

CORAZON M. DON, Ed. D. Editor