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Pursuant to the provisions of Republic Act 8485, otherwise known as "The Animal Welfare Act of 1998", the following rules and regulations are hereby promulgated for the information, guidance and compliance of all concerned.

SECTION 1. Basic Policy. - This Code takes into consideration the five basic freedoms of animals, which are:

• Freedom from thirst, hunger and malnutrition
• Freedom from physical discomfort and pain
• Freedom from injury and disease
• Freedom to conform to essential behavioral patterns; and
• Freedom from fear and distress.

SECTION 2. Objective. - To promote, ensure and protect the welfare of animals while they are being loaded and unloaded in the ports and transported by sea. In realizing this objective, it is recognized that there are certain limitations during transport that may restrict the enjoyment of the five basic freedoms of animals, provided that such procedures adopted for transportation are not contrary to law.

SECTION 3. Scope. - This Order shall apply to:

a. Private or public passenger-cargo or pure cargo vessels and vehicles authorized or used to transport animals while within Philippine territory. b. Companies or persons involved in transporting animals.

SECTION 4. Definition of Terms. -

a. Animal — shall refer to any livestock, poultry or other member of the animal kingdom, terrestrial or aquatic whether wild or domesticated.

b. Animal Health Division — shall refer to the Division of the Bureau of Animal industry of the Department of Agriculture tasked to prevent, control, contain and eradicate communicable animal diseases, and regulate the flow of animals and animal products into, out of and within Philippine territory.

c. Animal Welfare Division — shall refer to the Division of the Bureau of Animal Industry and the Department of Agriculture tasked to implement Republic Act 8485.

d. BAI — shall refer to the Bureau of Animal Industry of the Department of Agriculture.

e. Animal Container Van — shall refer to a slatted container van made of metal, such as flat iron sheets, angular and round bags, black iron pipes and the like, which is used for the carriage of cattle, hogs, and other animals, whether self-propelled or pulled by tractor head.

f. Livestock — refers to documented animals, whether terrestrial or aquatic.

g. Protected Areas and Wildlife Bureau (PAWB) — refers to the Bureau in the Department of Environment and Natural Resources that formulates and recommends policies and programs for the establishment and management of an integrated protected area system and the conservation of biological diversity.

h. Quarantine means the isolation and observation of animals within a period. It also means the restriction placed on a vessel having disease aboard or coming from unhealthful points. During this period, the flag "Q" called Quarantine Flat or Yellow Jack shall be exhibited.

i. Quarantine Station refers to a designated place where animals are kept for isolation or observation.

j. Shipper for purposes of this Administrative Order shall refer to one who transports animals from the point of origin to the point of destination by any form or means of transportation.

k. Shipper's Representative or Stock Attendant or Convoy may be used interchangeably and shall refer to the person/s duly authorized by the shipper to represent him and to transact business in his behalf and who is given the responsibility to attend to the needs of the animals while in transit.

l. Skipper or Master shall refer to the person who has command of the ship.

m. Vessel shall refer to any ship, boat, barge, specialized carrier, or other water craft or artificial contrivance capable of floating in water designed to be used or capable of being used as a means of water transportation utilizing its own motive power or that of another, with the ability to carry animals on deck or in its vessel hold without the use of any container van, or by carrying such animals using container vans which are loaded on and unloaded from the vessel using vessel cranes or through vessel ramps.

n. Veterinary Quarantine Officer (VQO) refers to a licensed veterinarian employed by or appointed as such and included in the regular plantilla of personnel in the BAI of the DA.

SECTION 5. Basic Premises and Considerations. — 

5.1 Weather conditions can lengthen the time of stay of animals on board the vessel as well as in the holding area.

5.2 The responsibility of the owner of the animals, shipmaster and other persons-in-charge of overseeing the welfare and protection of the animals are emphasized.

5.3 Good handling and transport management is important to the welfare of the animals carried at sea.

SECTION 6. Requirements before Transport. —

6.1 Before transporting the animals by sea, the shipper shall secure all required document/s from the Bureau of Animal Industry (BAI) — Animal Health Division and Animal Welfare Division, and in the case of wildlife, from the Protected Areas and Wildlife Bureau of the DENR and in the case of aquatic animals from the Bureau of Fisheries and Aquatic Resources (BFAR) or any other specific animals to appropriate agencies concerned. In no case shall the animals be transported without the valid documents required by BAI and other government agencies concerned.

6.2 The shipper shall assign a representative or caretaker who shall be on board the vessel to take care of the animals while they are in transit.

6.3 Prior coordination shall be undertaken by the shipper with the concerned shipping company or ship operator regarding the requirements of loading and unloading the animals from the vessel, their accommodations during the voyage, including the provision of food and water, the area where the animals are kept ensuring that this is well ventilated, and discomfort to the animals is minimized.

6.4 To ensure the safety and welfare of the animals, the following shall be observed:

a. Vehicles shall be maintained in good condition.
b. Dimensions of the container vans shall be according to Appendix 1.
c. Stocking density of the container vans or vehicles shall be appropriate.
d. Absence of any protruding objects and any injurious materials inside and outside the van or vehicle.
e. Apply routine sanitary measures.

6.5 The dimension of animal container van is found in Appendix 1.

SECTION 7. Delineation of Responsibilities. —

7.1 The Shipper shall:

7.1.1 Be responsible for the training of its representative or caretaker to ensure that animals are properly protected and taken care of during their loading on and unloading from the vessel and while on route. 

7.1.2 See to it that the dimensions of the vehicle shall be in accordance with Appendix I. 

7.1.3 Provide the required boxes, cages, crates in the dimensions specified in Appendix I. 

7.1.4 Secure the required documents, permits and clearances before the animals are transported. 

7.1.5 Have a contingency plan in place in case any delay occurs in the transport of animals by sea. The plan shall include access to corrals or holding pens for animals during the emergency, which shall be equipped with unloading facilities, as well as watering and feeding arrangements. 

7.1.6 Contract only those vans or vehicles approved by the local veterinary officers in accordance with Appendix I. 

7.1.7 Secure permits from the DA-BAI or DA-Regional Offices, and in the case of wild animals, additional permits shall be secured from the DENR-PAWB. 

7.1.8 Ensure that animals are not transported in case of extreme weather conditions. 

7.1.9 Provide implements and equipments needed to ensure the comfort and safety of the animals while traveling by sea.

7.2 The shipper's representative shall:

7.2.1 Provide food and drinking water for the animals for the entire voyage. The total food storage should be at least 20% more than the estimated feed consumption for the length of time of the voyage. 

7.2.2 Ensure that the livestock carried in pens are inspected at least thirty (30) minutes before the start of the voyage. 

7.2.3 Conduct inspection from time to time while in transit. Inspection of large animals and hogs shall be done at least thrice a day or as often as necessary. During rough weather, inspection shall be carried out as soon as weather conditions allow. 

7.2.4 Give immediate assistance to downers, injured or distressed animals. 

7.2.5 Provide or ensure that the source of lighting shall be available in order to carry out inspection at night or in enclosed decks.

7.3 The Ship Master or Captain shall: 

7.3.1 Ensure that the animals on board are treated humanely, in accordance with R.A. 8485. 

7.3.2 Have the option to refuse boarding of animals that are sick and unmanageable. 

7.3.3 Ensure that the area where the animals are placed on board, regardless of whether the animals are carried as loose heads or in animal container vans, is reasonably ventilated and safe, and any discomfort to the animals is minimized. 

7.3.4 Ensure that the animals on board shall not be kept near or adjacent to hazardous chemicals or substances including toxic fumes and engine exhaust. 

7.3.5 Ensure that during the disembarkation of downers, injured or distressed animals, the ship master shall seek the assistance of the following: vessel's crew, DA-BAI personnel, veterinarian, animal welfare organizations, inspectors, PPA port police, or responsible veterinary officer on land in the ports.

7.4 The Veterinary Quarantine Officer or Provincial/City Office assigned at the ports shall: 

7.4.1 Ensure that the animals on board are treated humanely, in accordance with R.A. 8485. 

7.4.2 Ensure that the animals to be shipped out are healthy and fir to travel. 

7.4.3 Disallow the boarding of sick and/or disabled animals and undertake appropriate measures to address the problems, as he deems necessary. 

7.4.4 Brief the livestock shippers as the need arises. 

7.4.5 Ensure that appropriate ramps are available for large animals, cattle and carabaos. 

7.4.6 Ensure that the livestock vans, crates and cages used to transport livestock have proper floorings. They shall have no holes or missing planks.

SECTION 8. Loading/Unloading Requirements. —

8.1 The driver of the vehicle carrying animals shall take extra precautions when loading the said vehicle on the vessel through the vessel ramp. He shall ensure that the cattle or carabaos do not rear up above the vehicle's height while being loaded on the vessel.

8.2 The shipping company shall ensure that appropriate ramps or chutes are provided for the animals that will be boarded on foot.

8.3 Upon arrival at the port of destination, the animals if practicable, shall be immediately unloaded.

8.4 In case there are animals that are unable to walk because of injury or exhaustion, appropriate measures shall be taken by the shipper's representative. They shall inform the City/Provincial Veterinary Officer of the proper action to be taken in this situation. Thereafter, the City/Provincial Veterinary Officer shall submit a report to the Animal Welfare Division that the requirements of the law have been complied with.

8.5 Dogs, cats and other pets, poultry, birds and wild animals kept in a box, wood, plastic/metal cages or crates shall be stored in an area mutually acceptable to the shipping company and the quarantine officer.

SECTION 9. Issuances of other Government Agencies. — The BAI shall coordinate with other government agencies having direct supervision, regulation and control over sea transport in the Philippines to ensure that rules and regulations to be issued by such government agencies shall be in accord with the intent and spirit if RA 8485.

SECTION 10. Penal Provisions. — Violation of any of the provisions of these Rules and Regulations shall be penalized in accordance with R.A. 8485.

SECTION 11. Separability Clause. — In case any provision of these Rules and Regulations is declared contrary to law or unconstitutional, other provisions which are not affected thereby shall continue to be in force and effect.

SECTION 12. Repealing Clause. — All Administrative Orders, Rules and Regulations and other administrative issuances or parts thereof issued by the Department of Agriculture inconsistent with the provisions of this regulation are hereby repealed or modified accordingly.

SECTION 13. Effectivity. — These Rules and Regulations shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Adopted: 6 Jan. 2003

(SGD.) HON. LUIS P. LORENZO, JR.
  Secretary

Appendix 1.

Types of Animal Container Vans

                                                                                                                         

1. Cattle Vans
	A. Dimension of Single Floor
	Cattle Van:		20 ft x 8.0 ft x 8.5 ft (6.10 m x 2.44 m x 2.59 m)
	Area:		160 ft2 (14.87 m2)
	Volume:		1,360 ft3 (38.54 m3)
	B. Space allotted to following species
	b.1. Cattle and Carabaos
		(Ave. weight 450 kgs each)			: 9 heads
		Area			: 17.77 ft2 head (1.65 m2/head)
		Volume			: 151 ft3/head (4.27 m3/head)
	b.2. Culled boars, sows and senior breeder pigs
		(Ave. weight 230 kgs each)			: 15 heads
		Area			: 10.66 ft2/head (0.99 m2/head)
		Volume			: 90.33 ft3/head (2.56 m3/head)
N.B.: Same area or space can be allotted per head when aforementioned species are herded (tied or contained) as loose cargo in an open space; in an enclosure pen or at open deck.
2. Hog Vans
	A. Dimension of Hog Van with three (3) floors/storeys:				20 ft x 8 ft x 9 ft (6.09 m x 2.44 m x 2.74 m)
	a.1. Area			:	160 ft2 x 3 floors		= 480 ft2
				:	14.85 m2 x 3 floors		= 44.62 m2
	a.2. Volume			:	1,440 ft3 (40.80 m3)
	B. Space allotted to following species
	b.1. Weanling Pigs
	(Ave. weight 14 kgs. each)				:	120 heads
	Area				:	4 ft2/head (0.371 m2/head)
	b.2. Fattened Pigs
	(Ave. weight 85 kgs. each)				:	80 heads
	Area				:	6 ft2/head (0.557 m2/head)
	b.3. Goats
	(Ave. weight 20 kgs. each)				:	150 heads
	Area				:	3.2 ft2/head (0.297 m2/head)

N.B.: Most culled boars, sows and senior breeder pigs weighing an average of 230 kgs. and stands over 3 ft. In contrast hog vans clearance between its 3 floors only 2.80 ft., thus use of cattle vans in view of its high clearance, is preferred. Space allotment for said species when loaded as loose cargo or any form of container such as crates, box, cages, coops, cartons, etc. is similar to space allotment for those kept or moved in vans.

3. Containers for containing or moving other than aforesaid species which are mostly food animals are crates, cartons, boxes, coops, aerated tubs, tanks and Styrofoam, that vary on strength and shape. They are used by domesticated, wild, terrestrial or aquatic animals such as horses, ostrich, lions, pets (dogs and cats) chicken and day old chicks, birds, reptiles, whales, dolphins, lobsters, tilapia, aquarium fishes, etc. For details of requirement in transporting them, please get in touch with the Animal Health Division of Animal Welfare Divisions — Bureau of Animal Industry or the seaports Veterinary Quarantine office near your residence.