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(NAR) VOL. II NO. 4 / OCTOBER - DECEMBER 1991

[ DENR ADMINISTRATIVE ORDER NO. 55, October 21, 1991 ]

DECLARING DUGONG OR SEA COW AS PROTECTED MARINE MAMMAL OF THE PHILIPPINES



Pursuant to Executive Order No. 192, and in cognizance of the intents and purposes of Section 1 of ACT VIII of the Convention on International Trade of Endangered Species (CITES) agreement and in the interest of protecting and preserving endangered species, the following are hereby promulgated with regard to Dugong or Sea Cow (Dugong dugon):

SECTION 1. Basic Policy. It is hereby declared that Dugong or Sea Cow (Dugong Dugon) is a protected marine mammal of the Philippines. As such, the killing or taking of such species for whatever purpose, except for scientific research, and the destruction or disturbance of its habitat, is hereby prohibited.

SECTION 2. Illegal Acts. Any person who shall hunt, kill, wound or take away, possess, transport and/or dispose of Dugong or Sea Cow, dead, or alive, its meat or any of its by-products in violation of the provisions of this Order shall be punished by imprisonment from six (6) months to four (4) years or a fine from Five Hundred Pesos (P500.00) to Five Thousand Pesos (P5,000.00) or both upon sound discretion of the Court, pursuant to Section 38 (d) of PD 704 or the Philippine Fisheries Code.

FURTHERMORE, the vessels/carrier, gears, tools, equipment and other paraphernalia used in the commission of the prohibited acts and offenses including the catch thereof, as instrument and proceeds of the offense, shall be confiscated in favor of the government pursuant to the pertinent provisions of DENR Administrative Order No. 38, series of 1991, entitle "Guidelines Governing the Confiscation, Seizure and Disposition of Wild Flora and Fauna Illegally Collected, Gathered, Acquired, Transported, and Imported Including Paraphernalia", and the Revised Penal Code.

SECTION 3. Disposition of Confiscated Species. Confiscated species of Dugong or Sea Cow, or any of its by-products shall be forfeited in favor of the DENR for disposition to any research institution as determined by the DENR pursuant to Section 9 of DENR Administrative Order No. 36, series of 1991.

SECTION 4. Implementing DENR Unit. The Protected Areas and Wildlife Bureau (PAWB) through the Pawikan Conservation Project (PCP) shall lead the implementation of this Order. It shall generate funds and implement a national program for the conservation and protection of the country's remaining Dugong or Sea Cow population and shall also coordinate with other concerned agencies likewise involved in the conservation and management of the country's marine resources.

The Offices of the Undersecretary for Environment and Research and the Undersecretary for Field Operations through their respective bureaus and regional offices shall assist PAWB in the enforcement of the provisions of this Order.

SECTION 5. Effectivity. This Order shall take effect fifteen (15) days after publication in newspaper of general circulation.

Adopted: 21 Oct. 1991

(SGD.) FULGENCIO S. FACTORAN, JR.
Secretary

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