Protection and Conservation Act of Whale Shark in Donsol, Sorsogon

THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVEORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THE

MUNICIPALITY OF DONSOL

A ThesisPresented to

The Faculty of the Graduate SchoolBicol University

Legazpi City

In Partial Fulfillment ofthe Requirements for the Degree

MASTER OF ARTS IN PUBLIC ADMINISTRATION

by

ROMMEL R. REGALA

March 2008

ii

Republic of the PhilippinesBicol University

GRADUATE SCHOOLLegazpi City

RECOMMENDATION FOR THESIS ORAL EXAMINATION

This thesis entitled, “THE IMPLEMENTATION OF THE FISHERIESADMINISTRATIVE ORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THEMUNICIPALITY OF DONSOL,” prepared and submitted by ROMMEL R.REGALA, in partial fulfillment of the requirements for the degree of Master of Arts inPublic Administration is hereby submitted to the Thesis Committee for consideration andapproval.

RICARDO M. BELGICA, Ph. D.Adviser

______________________________Date

Thesis Committee

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

HARLEY G. PERALTA, Ph.D.Chairman

RAMESIS M. LORINO, M.M. JOSEPH L. BARTOLATA, Ph. D.Member Member

iii



RESULT OF THE ORAL EXAMINATION

Result of the Oral Examination for ROMMEL R. REGALA, candidate for thedegree, Master of Arts in Public Administration.

Thesis : THE IMPLEMENTATION OF THE FISHERIESADMINISTRATIVE ORDER NO. 193 AND ORDINANCENO. 1, S-98 BY THE MUNICIPALITY OF 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 examinationwith a final rating of ______________.

PANEL MEMBERS ACTION TAKEN

HARLEY G. PERALTA, Ph. D. _____________________________

JOSEPH L. BARTOLATA, Ph. D. _____________________________

RAMESIS M. LORINO, M.M. _____________________________

iv



APPROVAL SHEET

Upon recommendation of the Oral Examination Committee, this thesis entitled“THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVE ORDERNO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY OFDONSOL,” prepared and submitted by ROMMEL R. REGALA, is hereby approved inpartial fulfillment of the requirements for the degree of Master of Arts in PublicAdministration.

NORA L. LICUP, Ed, D.Dean

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

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

v

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.

vi

ACKNOWLEDGEMENT

The researcher would like to express his sincere appreciation and gratitude to the

following individuals who in one way or another contributed to make this study possible:

Dr. Ricardo M. Belgica, the researcher’s adviser, for making himself available for

guidance, his scholarly suggestions and ideas for the betterment of this research;

Dr. Harley G. Peralta, Dr. Joseph L. Bartolata, Prof. Ramesis M. Loreno, and Dr.

Melinda M. de Guzman for sharing their educational 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 which inspired the researcher to 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 the researcher particularly in searching for the appropriate references for the

study;

vii

The School Administrators of Divine Word College of Legazpi, particularly the

College of Arts and Sciences headed by Rev. Fr. Nestor L. Sibug, S.V.D. for his

encouragement and inspiration given to the researcher;

The World Wildlife Fund for Nature-Philippines, Mr. Raul Burce and Mr. David

N. David for their support extended during the data gathering;

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 the others for their love and support, especially in terms of 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.

viii

THESIS ABSTRACT

Regala, Rommel Rios “The Implementation of the Fisheries Administrative OrderNo. 193 and Ordinance No. 1, S-98 by the Municipality ofDonsol”

Summary

The Fisheries Administrative Order No. 193 and the Municipal Ordinance No. 1,

S-98 are policies concerning the protection and conservation of the endangered gentle-

giant whale sharks. The extent of each measure’s implementation assumed by the

Municipality of Donsol in executing such policies prohibiting whale sharks exploitation

as the factor in the actualization of this research.

Specifically, it sought answers to the following sub-problems:

1. What measures were undertaken by the Municipality of Donsol in implementing

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

2. What is the extent of implementation of the Fisheries Administrative Order No.

193 and the Municipal Ordinance No. 1, S-98 in terms of Protection and

Conservation?

3. What are the responses of the stakeholders of the local community in the

implementation of Fisheries Administrative Order No. 193 and Ordinance No. 1,

S-98?

4. What can be recommended to improve the implementation of Fisheries

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

The study is deemed important as it 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

ix

policy implementation; c. To indicate the extent of the 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 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 respondents in this study are 150, which have come from various sectors of the local

community of Donsol, Sorsogon.

Findings

Based on the analyses and interpretation of the data, the following findings are:

1. On the measures undertaken by the Municipality of Donsol in implementing 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 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”;

x

Establishment of the Marine Conservation Park in Donsol and; Support Whale Shark

Photo-Identification Library and Enforcement of photo-identification in Donsol.

2. On the extent of the implementation of the Fisheries Administrative 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 stakeholders of the local community believed that 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-identification of whale sharks in Donsol, Sorsogon is partially implemented 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 Donsol is not implemented.

3. On the responses of the stakeholders of the local community in the


S-98.

The stakeholders’ responses are weighed in terms of local community’s

awareness, compliance and perception regarding local government’s political will in the

implementation of the ban. The majority of the respondents are highly aware of the said

policies concerning whale sharks protection and conservation. The local community

xi

believed that the compliance of the local community in the implementation of FAO 193

and MO 1, S-98 is high. With regards to the local community’s perception regarding

local government’s political will in the implementation of the said policies, the

respondents concluded that the local government’s political will is moderate.

4. On the recommendations to improve the implementation of Fisheries

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.

Conclusions

Based on the foregoing findings, the following conclusions are given:

1. Concerning the implementation of the FAO 193 and MO 1, S-98, 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 enforcement of FAO 193 and MO 1, S-98 as to protection and

conservation through various programs and projects differ on the extent of their

implementation.

xii

3. The local community’s awareness and compliance in the implementation of the

FAO 193 and MO 1, 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 implementation of the FAO 193 and MO 1, S-98 which include the 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.

Recommendations

In the light of the foregoing findings and conclusions, the following

recommendations are hereby 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 whale shark protection and conservation. It should impose heavier penalties

for the violations of the provisions and enforce these strictly.

3. There should be the enforcement of whale shark’s tagging in Donsol, Sorsogon

to establish Marine Protected Areas/Marine Conservation Park that will protect the

xiii

migration routes, feeding sites and breeding sites of the whale sharks and other marine

species.

4. The Whale Sharks Interaction Code of Conduct should be strictly implemented.

Butanding Interaction Officers must wholeheartedly observe among themselves the strict

implementation of the said guidelines and be a model and better guide to the tourist.

5. The enforcement of photo-identification and establishment of Photo-

Identification Library in Donsol, Sorsogon should be supported.

6. Linkages should be strengthened and assistance from other concerned agencies

and organizations for sustainable financing system should be sought.

7. Monitoring and feedbacking evaluation structure should be created.

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TABLE OF CONTENTS

PAGE

Title Page……………………………………………………………………………….i

Recommendation for the Oral Examination…...............................................................ii

Result of the Oral Examination.....................................................................................iii

Approval Sheet………………………………………………………………………..iv

Dedication……………………………………………………………………….……..v

Acknowledgement…………………………………………………………………….vi

Thesis Abstract………………………………………………………….……………viii

Table of Contents…………………………………………………………………….xiv

List of Tables……………………………………………………….….……………xviii

List of Figures………………………………………………………………………..xix

CHAPTER

1. THE PROBLEM

Introduction……………………………………………………………1

Statement of the Problem……………………………………………...6

Scope and Delimitation………………………………………………..6

Significance of the Study……………………………………………...8

Notes………………………………………………………………….10

2. REVIEW OF THE RELATED LITERATURE AND STUDIES

Related Literature…………….………………………………………12

Related Studies……………….………………………………………23

Synthesis of the State of the Art………………….………….………29

xv

Gap Bridged by the Study………….…..……………………………29

Theoretical Frame Work……………………………………………..30

Conceptual Framework…….……………………………………..…34

Definition of Terms……………………….…………………………37

Notes……………………………………………………….………..42

CHAPTER

3. RESEARCH DESIGN AND METHODOLOGY

Research Methods…………….…..………………………………..48

Sources of Data……………………...………………………..……49

Respondents…………….………….………..……………………..49

Instruments to be to Used…..………..……………….……………50

Data Collection Procedure...………….………………………..…..51

Statistical Treatment of Data………………………………………52

Notes………………………………………………………………54

4. THE IMPLEMENTATION OF THE FISHERIES ADMINISTRATIVEORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THEMUNICIPALITY OF DONSOL

Measures in the Implementation of the FAO 193 and MO 1, S-98 by the

Municipality of Donsol…………………………………..….……...55

Extent of the Implementation of FAO 193 and MO 1, S-98………65

Responses of the Stakeholders of the Local Community in the

Implementation of FAO 193 and MO 1, S-98…………....………..75

Recommendations to Improve the Implementation of FAO 193 and

MO 1, S-98……………..………………………………..……...…80

xvi

SUMMARY, FINDINGS, CONCLUSIONSAND RECOMMENDATIONS

Summary……………………………………………………..…..83

Findings…………………………………………..………………84

Conclusions………………………………………..……………..86

Recommendations…………………………………..……………87

BIBLIOGRAPHY…………………………………………………..…………..89

APPENDICES

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

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

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

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

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

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

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

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

I Talatanungan……………………………………………………122

J Certification from the Editor……………………………….…..125

xvii

LIST OF TABLES

Table Page

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

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

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

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

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

6 Responses of the Stakeholders of the Local Community in

the Implementation of FAO 193 & MO1, S-98……………………...75

7 Recommendations to Improve the Implementation of the FAO 193 &

MO1, S-98……………………..…………………………….………..80

xviii

LIST OF FIGURES

Figure Page

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

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

3 Graph Showing the Prohibition on Whaling within the Municipal

Waters of Donsol……………………………………………………..66

4 Graph Showing the Implementation of the Protection of

Whale Sharks…………………………………………………...……67

5 Graph Showing the Support & Enforcement of photo-identification

in Donsol………………………………………….………………...69

6 Graph Showing the Initiation of “Butanding” Conservation

Program…………………………………..………………….……..71

7 Graph Showing the Establishment of Community-based Butanding

Watching Project……………………………………………………72

8 Graph Showing the Regulation of Whale Shark Interaction Code

of Conduct……………………………………………………….…73

9 Graph Showing the Establishment of the Marine Conservation Park

in Donsol…………………………………………………………...75

10 Graph Showing the Local Community’s Awareness of the FAO 193

and MO 1, S-98……………………………………………………77

xix

11 Graph Showing the Compliance of the Local Community in the

FAO 193 and MO 1, S-98………………………………………...78

12 Graph Showing the Local Community’s Perception Regarding

Local Government’s Political Will in the Implementation of

FAO & MO 1, S-98…………………………………………….....79

Chapter 1

THE PROBLEM

Introduction

“Saving lives within the sea”: 1 the Year of the 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, the Philippine Islands is rich in natural 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 way to infinite coral 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 of fish caused by the chemical explosion. They even prey on some nearly-

extinguished 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, killing, 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

Taiwanese and Hong Kong Markets.2

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

and of all fish in the world.3 Despite its massive size and strength, this whale shark is a

harmless gentle giant and is being threatened to extinction.4 Whale sharks have blotches

and markings on their bodies which usually is a white polka dot pattern on a bluish grey

2

background.5 Originally different, whale shark was classified in a family of zebra and

nurse sharks, based on their anatomical similarities. 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 hatch and complete development in the uterus upon being born. Yet, it is

still unknown where and when the whale shark gave birth, or what early life is like for the

pups.6 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

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

than 17oC or less upwelling which condition is optimal for the production of planktons.7

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

on the underside, which are usually feed by planktons.8 While swimming, its mouth is

widely open to the whole width of its head and inhales plankton with water. The

planktons are then filtered through the combs of the shark’s grills.9 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

that passes them by, leading them to be caught by the cruel fishermen.10 They are gentle

creatures and are so easy to catch particularly when the waters are 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 and Sorsogon, some of the few places where these migratory

whale sharks are frequently spotted. Their meat is exported to other countries like

Taiwan, where shark fins are in high demand.11 The fins serve as the main ingredient in

the 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

and as a base for cosmetics.12 As catching, selling, and killing of whale sharks 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 has scattered plains

and valleys. It is a majestic land of volcanic terrain, marshy undergrowth, orchid-

festooned woods, and is known 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 a dream vacation. This place boasts a green and lush mountain 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 completely surrounded by water that offers exciting coastal and 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

breathtaking trek in the Bulusan Mountain and the agro-forestry tour in the Pili tree

plantation where the province is widely known for its pili nuts.13

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

occasionally plain.15 The Municipality of Donsol is a fishing and agricultural town of

37,672 inhabitants.16 Popular fish varieties here include the espada, tulingan, tanguige

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

The main crops are abaca, pili, rice and coconut.17 The Donsol sea is a virtual soup bowl

of the microscopic plankton and krill, that makes the water appears murky and gray-

colored 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 last quarter of every year for the hunt of food. The sea of Donsol 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 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 “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 World Wildlife Fund for Nature - Philippines to declare the town as a sanctuary

for the gentle-giant whale sharks.19 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

this, on the 27th 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 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

No. 193 and Ordinance No. 1, S-98 by the Municipality of Donsol” Further, the

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 on the subject that will look deeper into the problem of the implementation of

the ban.

Since “we are all part of the of the world’s wildlife, if the wild loses its life, so

will 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 determined the implementation of the Fisheries Administrative

Order No. 193 and the Municipal Ordinance No. 1, S-98 by the Local Government of

Donsol particularly for the protection and conservation of the whale sharks within its

territorial water.

Specifically, the study sought answers to the following sub-problems:





Conservation?



S-98?

4. What may be recommended to improve the implementation of Fisheries


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

researcher looks further on the extent of the implementation and the local community’s

responses to these measures. The study also sought recommendations that 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 and manta rays, however, manta rays as a subject of the research is

excluded in this study. Assessing the butanding eco-tourism activities is not included in

this study because tourism is another subject for research.

The time frame of the study is from 1998 to 2006. This study involves only the

Office of the Mayor of the Municipality of Donsol, the Sangguniang Bayan, law

enforcement officers (the local 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 – 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 that the 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 Government of Donsol. The results of this study will provide the

administrators and personnel of the Municipality of Donsol and other local 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 situation of the whale sharks and their importance as endangered

species, and to raise the awareness on how they have to stop catching, selling, killing and

slaughtering this gentle marine mammal. Instead, they will have to protect and conserve

this near-to-be-extinct species.

The Researchers. To the researcher himself, being a public administration

student as well other social researchers, this study will teach them to be conscious of the

laws, policy making and policy implementation. Furthermore, this will 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

and other students and inculcate the wisdom that he had learned along the way while

doing this research.

The Academe. To the academe, it will encourage them to share what the

researcher have learned in the study and discuss these in the classes in order to raise the

importance of the proper, efficient and effective implementation of certain policies by the

9

local government unit and also to give emphasis on the protection and conservation of the

gentle giant butanding.

The NGO/Government Agencies. Non-governmental organizations and national

government agencies, other than those which are presently coordinating with the

Municipality of Donsol in implementing the policies for the protection and conservation

of the endangered whale sharks, they may lend their assistance in terms of financial,

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 near-

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

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

3New Standard Encyclopedia (S-Slu) Volume 15, Chicago: Standard EducationalCorporation, c. 1993.


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

6Zmarshley, Debbie, “What image springs to mind when you hear the wordshark?” (Birch Aquarium), www.aquarium.uscd.edu

7“Whale Shark – Rhincodon typus,” (UNEP-WCMC, 2004), www.unep-wcmc.org

8New Standard Encyclopedia (S-Slu) Volume 15, Chicago: Standard EducationalCorporation, c. 1993.

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

10Severino, Howie G., “Proposal to list species as endangered at CITIEs meetingexpected to be rejected,” (Balik-Kalikasan, 2000), www.bwf.org

11Pazzibugan, 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: StandardEducational Corporation, c. 1993.

13Royce Ambrocio, (Marco Polo Publications, 2001), www.travelwriters.com

14WhaleShark Watching,” (Mind’sPixel, Inc., 2001), www.onthemap.com.ph

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

11

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

17Magno, Leo, “Butanding Watching Season in Sorsogon,” (Philippine DailyInquirer, 2001), www.palawan.com

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

19 Ibid.


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

environmental protection activities.1 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! “I have seen the enemy and he is us.”2 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, and the people they govern

have been dependent.3 This provides that the government’s role in protecting nature is

vital as it is emphasized in the present study, the role o the local government of 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

directed mostly to the local government units where they are found more effective.4 The

first thing to be considered in the environmental protection in the community is mainly

13

based on its legislation.5 To have more effective implementation we must first start it

right, doing it right in the policy formulation.

When it comes to policy implementation, “Local governments can do things

differently – and better – at the local level given adequate powers and authorities.”6 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 throughout the country are enthusiastic and feel that it is 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 following are the sections in the 1987 Constitution, which are relevant to the

protection of the endangered whale sharks:7

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

Government Code as stated in sections:8

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 and effective governance,... enhance the right of the people to a

balanced ecology,... and preserve the comfort and convenience of the

inhabitants.

Sec. 17, Par. 3, Sub-par. 1. Basic Services and Facilities, - For a

Municipality: Local government units shall endeavor to be self reliant and

shall continue exercising the powers and discharging the duties and

functions currently vested upon them... (2) (I) Extension and on-site

research services and facilities related to agriculture and fishery

activities... and enforcement of fishery laws in municipal waters including

the conservation of mangroves.

The whale sharks are globally rare. Prior to mid-1980s, there were only 350

confirmed reports of whale sharks population worldwide.9 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,

locally known as “butanding” visit the Donsol sea from November to May.10 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 species had been threatened to extinction in Donsol and Visaya 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,

Sorsogon with permission from the barangay captain.12 In Bohol, traditional hunting of

the whale sharks use spears, gaffs and dynamites.13 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 hunted for local consumption, mostly by

subsistence fishermen in Asia.15 This information shows that ever since whale sharks

were to hunted by the cruel fishers, and this have intensified by the spread of news

reports regarding these species.

Jamoralin, asserted that in March 1998, there were around seven (7) whale shark

that have been caught and slaughtered in Sorsogon. Their meat was chopped on the beach

and reportedly sold for P10,000 each to Taiwanese fishing firms, which resells the meat

as much as P800,000.16 But why do fishermen slaughter and trade 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

from fishing when the demand goes high.18 The annual volume of whale shark meat sold

through the Taipei fishery product wholesale market more than doubled between 1998

and 2000, reaching 60 tons in 2000.19 Those reports confirmed that whale sharks are

being exploited mainly for trade, with promising high income derived from the sell of its

meat. That is why many local fishermen are used to catching, slaughtering and 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

than hundreds reportedly killed in the place.20 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, whatever is the truth the

disappearance of the whale shark could affect the ecological and marine-eco-chain.22 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

whale sharks can have even more value alive than dead.23 Like in several countries such

as Australia, Seychelles, Thailand and Philippines, some of the protected whale shark

sites attract divers and snorkelers from around the world. And yet due to its migratory

habits, the whale sharks are difficult to protect.24 However, some countries have already

been protecting the whale sharks.

In the Philippines, whale sharks being killed in the shores of Sorsogon may be

able to breathe a little easier now that the government has banned the killing and sale of

whale sharks. As Department of Agriculture Secretary Salvador Escudero III 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.

Pazzibugan,25 also reported that a few weeks after the promulgation of FAO 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 of whale sharks in Donsol illegal, and the local government as the one to

enforce it. The implementation of Ordinance No. 1, S-98, which prohibits whaling

activities in Donsol was simultaneously associated with a program developed for the

purpose of promoting ecotourism with this shark species.26 With the implementation of

the Fisheries Administrative Order No. 193 together with the Municipal Ordinance of

Donsol, the researcher hopes for the total conservation of whale sharks that bring 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. In Australia, Environment Minister Robert Hill, had listed the whale shark as

nationally threatened under the Environment Protection and biodiversity and

Conservation Act. Australia also supports listing of the whale shark under the Convention

on International Trade in Endangered Species (CITIES), which will help promote

international efforts to protect the species.27 In India, the government banned fishing and

trade of whale sharks in May 2001 by listing it in the Schedule-1 of the Wildlife

Protection Act. The Wildlife Trust of India (WTI) also launched a project to save the

whale shark along the Gujarat coast.28 Some non-governmental-organization like the

World Wide Fund for Nature (WWF) is working to protect whale sharks around the

world. Institutionalizing networks may produce more coherent effective environmental

policies.29 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

organizations, and by intervening in selected key fisheries in the Pacific.30 In the

18

Philippines, Southeast Asian Fisheries Development Center and Surigao’s regional office

of the Bureau of Fisheries and Aquatic Resources, in collaboration with its central office

conducted researches and gathered baseline data of sharks status in the Philippines 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

still persists; and we need more expanded efforts to enforce the ban.31 According to

reports, the execution of Fisheries Administrative Order No. 193 has been ignored by

local fishers in Donsol, as a few days after it was issued, another whale shark was caught

in Donsol and towed out of Municipal waters to Masbate for butchering.32 Ding

Manrique, chairman of Task Force Sagip Kalikasan - Bantay Karagatan (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 in the municipal

waters, that destroy the feeding ground of the butanding. Why do such exploitation of

whale sharks continue despite policies prohibiting its slaughter and trade? Is this an

indication of non-effective implementation by the local government of Donsol of the

policy concerning whale shark protection and conservation?

19

Lorejo,33 wrote in his report that some regional police intelligence officers were

seen chatting with crewmen of boats allegedly engaged in illegal fishing. How intimate

are they to chat with each other? Is there some “hidden illegal” transaction that is

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 continuing exploitation of whale shark despite laws prohibiting

catching, slaughtering, selling and transporting these gentle-giants, the government both

local and national must urge and continue pushing the implementation of the ban strictly

and seriously. Environmental activists are asking the government to stop illegal fishing in

Donsol, Sorsogon, and they warned that unless illegal fishing is stopped, the whale shark

would leave the area and could put an end to tourism industry that helped this town

survived economically.34 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 to implement Administrative Order No. 193 to insure the protection of the

whale shark from poachers. In response, Mayor Socrates Tuazon has filed charges against

two fishermen who were caught using dynamite at a group of whale sharks that were

spotted at Barangay Titong, Masbate on May 20, 2003.36

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,

particularly against illegal pangulong or purse seine fishing – fishing by industrial nets

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

2008.37 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 particularly the marine resources’ said Rommel Paje, Donsol’s

municipal agriculturist.38 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 Development Fund, the World Wildlife Fund Philippines is able to train

Donsol’s local community in viewing techniques to protect the whale sharks. The

guidelines only allow one boat per encounter and no more than six tourists in a boat.

Scuba gear is not allowed as bubbles may disturb the whale sharks. Tourists are not

allowed to block the path of the whale shark. They are not even allowed to touch or

harass it.39 It is nice to hear that these concerned people and 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” initiated

by the National Government and the Local Government of 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 to a national

outcry that led to the issuance of the Department of Agriculture’s Fisheries

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, establish protected areas

and raise funds. The ordinance prohibits hunting, 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 sharks in Donsol, Sorsosgon and reported it to

World Wildlife Fund – 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 led them to recommend the area as a sanctuary. As well as, local

fishermen complaints about the rampant commercial fishing in nearby water of Donsol

which has resulted in the slaughter of some of the whale sharks. Likewise awareness that

conservation of whale sharks could develop ecotourism in the area and improve the

income of the local folks triggered the administrators of Donsol to declare its 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 and anchoring within the 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. The provision aids in the protection and conservation of whale sharks 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 for whale sharks in their hunt

for foods. The sightings of the huge numbers of butanding in Donsol occurred and had

been published both in local and foreign print and broadcast media have resulted in the

23

influx of local and foreign tourists thereby bringing in additional 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 as food for whale sharks will

still be abundant, declared the municipal waters of Donsol, Sorsogon as fish 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 implementing strictly and seriously the policies concerning whale sharks

protection, whale sharks are safe and be saved from possible extinction. The presence of

whale sharks is a strong indicator of the health of our seas. When they are around, it

means our oceans and waters are in good health.40 People have to protect nature as they

protect themselves.

Related Studies

Branstetter,41 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 that the acts are within the scope of the prescribed powers and functions.

Payonga,42 in his study assessed the measures of implementation by maritime

related agencies in enforcing maritime laws in Metro Manila. It aimed to determine the

level of effectiveness of these maritime agencies in doing their functions in enforcing

those laws. Meanwhile, the present study also aimed to measure how effective the local

government of Donsol was in enforcing the FAO 193 and its own ordinance in the

protection and conservation of whale sharks in its municipal waters. The most significant

difference of the previous study and the present study is in terms of its scope. The

previous study is on a national level having national agencies involved in the

implementation, while the present study is just focused on local governance of a

government unit.

Dedina and Young,43 in their study concerning conservation 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 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 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 emphasized that there is an urgent need to create an

organized body specifically tasked to take charge of the implementation of 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 No. 1, S-98 has created the Task Force Sagip 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.

Mendoza,45 accentuated in her study the strengthening of linkages 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 of Donsol entered into a memorandum of

agreement with the World Wildlife Fund for 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, pointed out that the policies are sensitive to environmental and socio-

economical 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 fishing is allowed. The whale sharks, which are listed on the IUCN Red List

of Threatened Animals of 1996, cannot be landed and must be released 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.

Marasigan,47 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 adequate importance.

Magpayo,48 in his study regarding effectiveness of the maritime station on anti-

illegal fishing, recommended that even though measures on anti-illegal 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 of mobility equipment, manpower strength,

logistical supplies and others. There are some reports that the implementation of FAO

193 and local ordinance by the local government of Donsol is effective, but despite this

measure the local government must to stop implementing and must have a continuing

effort for more effective implementation.

Muthiga,49 in her study about management effectiveness in marine protected areas

in Kenya, emphasized that the level of compliance to marine protected area regulations

differs among stakeholder groups. Those stakeholders who depend mostly on tourism are

highly compliant to regulations mainly because they understand the benefits of a

managed system and improved habitats to their businesses. On the other hand, the fisher

group had shown lower level of compliance due to the need income brought by fishing.

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

Donsol sit free immediately when the whale sharks are accidentally caught in their

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.

Aljanahi and Cherian,50 in their research found out that in some 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 illegal shark finning. In

Australia a ban on shark finning was imposed on October 2000. However, this kind of

violation of fishing regulations is continued even now. Similar case occur in Costa Rica,

28

where the ban on shark finning was not properly enforced due to shortages of 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.

Japp,51 in his study concerning management of shark’s fisheries in South Africa

added something in connection with Aljanahi’s study, emphasizing 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

implementation of the regulation concerning sharks’ exploitation. The study conducted

measured the level of effectiveness of the Municipality of Donsol in implementing

policies prohibiting whale sharks’ exploitation.

Placedes,53 in her study ensured strict implementation of environmental 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 non-governmental organization and the local community themselves urged

and pushed for the serious and strict implementation of the FAO 193 and local ordinance.

Additional and heavier penalties are also imposed.

29

Synthesis of the State of 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 of nature, like the endangered gentle-giant whale sharks. The

protection and conservation of nature is mainly guided by laws formulated and are

implemented by the state and or by the local government. The local government, being in

the frontline, being close to the people they serve, are indeed capable, creative and

responsive in protecting and conserving the gentle-giant butanding.

Meanwhile, the most important issues cited by Jamoralin and Lorejo is that

despite efforts of governmental authority to stop exploitation of these species, 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. This is the very reason, why the researcher went to this study, to determine the

local government’s measures of implementation, its effectiveness and present status, and

came up with alternative improvement measures to execute the policies.

Gap Bridged by the Study

As a whole, there are already many studies undertaken about policy

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, specially, the policy implementation by a certain local government unit.

To be particular, in Donsol, most of the studies done in this place were about eco-

tourism projects. No one attempted to study the policies concerning whale 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

study focused on FAO 193 alone. Its scope is broader considering it is a national 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 this present study to 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 the Fisheries Administrative Order No. 193. In 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

the environment from the abuse and self-centered interest of man.53 In fact,

“Governmental Authority is necessary to protect the environment from the

unregulated self-interest allowed by libertarian ideologies.” 54 It is understood that

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

31

widespread citizens’ compliance to the environmental regulations of the government and

to instill in all 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

preservation of this marine mammal not because of the fear of the authority of the

government policy, but because of its own initiative and concern for the welfare 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 and conservation

measures, the researcher adopted the theory of the iron triangle. This pertains to a sub-

government 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, and (3) the lobbyist from a vested or “clientele” coalition of interest

groups; all of them work both formally and informally on specific policy issues.55 The

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

immediately to the needs of the people.56 The researcher also adopted the principles of

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

to local problems.” 57 The administrative capabilities are shown with the bureaucrats who

implemented the policies, 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

government when it comes to environmental protection.58 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 – Philippines and the concerned local community of Donsol are the best persons

who best understand and solve their very own problems. The cooperation with the non-

governmental 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 the implementation of the FAO 193 and MO 1, S-98 indicate

social desirability and citizens’ participation, as they see the existing exploitation among

the whale sharks and have realized the importance of protecting and conserving them.

33

(Principle of Decentralization & Local Autonomy)

Theory of theIron Triangle

(Local Level Triangle)

Theoretical Paradigm

Figure 1

The Executive Government(Principle of National Sovereignty)

BureaucracyThe bureaucrats who implement a policy

Municipal Legislative CouncilThe lawmakers and their staffmembers who craft and adopt apolicy

Interest GroupsThe lobbyist from a vested clientelecoalition of interest groups

34

Conceptual Framework

The measures of implementation by the Local Government of Donsol in

executing the policies prohibiting whale sharks exploitation, the extent of the

implementation, the responses of the local community about the enforcement of such

policies and the recommendations that can be adopted to improve implementation are the

factors in the actualization of this research.

This research focused on the measures of implementation of the policies

prohibiting the exploitation of the whale sharks, the Fisheries Administrative Order No.

193 and the Local Ordinance No. 1, S-98 by the Municipality of Donsol. The 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 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 due to the lack of information and education viewed the butanding as pests, as

the whales destroyed the fishing haul of the local fishermen and sometimes disturbed and

scared the small fishes which were the possible catch of the local fishermen; that’s why

they used to kill the butanding. The study was conducted to know whether the

implementation is effective or not-effective due to measures of implementation by the

Municipality of Donsol. The sectoral responses of the local community in 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 recommended alternative measures to improve the implementation 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. The concepts discussed are variables of the study. The conceptual paradigm is

shown on Figure 2.

36

FEEDBACK

Conceptual Paradigm

Figure 2

Measures Undertakenby the LGU of Donsol inthe Implementation of

FAO 193 & MO 1, S-98

Extent ofImplementation of FAO

193 & MO 1, S-98

Responses of thedifferent

Stakeholders of theLocal Community

concerning theImplementation of

FAO 193 &MO 1, S-98

Recommendationsthat can be Adopted

to Improve theImplementation

FAO 193 &

MO 1, S-98

37

Definition of Terms

The following terms used in the study are defined conceptually and operationally

for better understanding:

Assessment/Policy Analysis. This is a study to assess the probable effects of a

policy.59 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 is a fact or state of being aware, or conscious, especially of

matters that are particularly relevant or topical.60 It pertains to the local community’s

consciousness of the implementation of FAO 193 and MO 1, S-98.

Butanding. This refers to the gentle giant whale shark, the biggest sharks and the

biggest fish.61 It reaches 15 meters in length and may reach 18 meters or more (up to 60

feet long). Its weight can exceed from 10 tons up to 20 tons. This creature ranges all

tropical waters and frequently strays into temperate one. Its scientific name is

“Rhincodon Typus.”

Compliance. This means submission, obedience or conformance.62 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 to any activity that would result to the

driving away of the butanding in their tranquil habitat.64

38

Efficiency. This is the ability to produce a desired good, service, or effect 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 to animals, which are nearly to be extinct, or

are in danger of extinction, usually because of environmental changes and human

activities.66 In this study, this refers to the whale shark/butanding.

Extent of Implementation. This refers to the amount, or degree of

implementation, the area over which something extends.67 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

manta rays are not included.

Harming or Hurting. This means to inflict injury using bladed spears of any

kind such as harpoon, etc., toxic materials and substances, throwing unwanted fish nets

into the sea.68

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

as of ideas, a program, etc.69 In this study it refers to the act of 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.

Local Autonomy. The term means the exercise of certain basic powers by the

local government units so as to best serve the interest and promote the general well-being

39

of their inhabitants.70 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 to the people who reside in the town of 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 to acts designed to achieve a purpose, a legislation bill or

statute.72 In this study it refers to the act or steps undertaken by Municipality of Donsol in

implementing FAO 193 and MO 1, S-98.

Non-Governmental Organization. This means any organization which is not

funded nor supported by the government.73 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 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 pertains to

the views of the local community in the implementation FAO 193 and MO 1, S-98.74

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

prosperity of the state or community.75 In this study it refers to the Fisheries

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

Political Will. The term refers to the highest manifestation of the all-inclusive

and omni-potent willing itself. Rational Will, it is the universal 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

as well as moral values and political culture of society in each particular epoch.76 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;

shelter, refuge, cover, safety or care.77 In this study it means the act of safeguarding

the endangered whale sharks.

Recommendation. This means the act of recommending, to suggest as being

suitable to be accepted.78 It pertains to the alternative measure that can be recommended

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

41

Responses. This means answers or responses to something in words, writing or in

action.79 It pertains to the reaction of the local community of Donsol, their awareness,

compliance and 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 waters included between lines drawn perpendicularly to

the general coastline and 15 kilometers from it. When (2) municipalities are so situated

on the opposite shores and there is less than 15 kilometers of marine waters between

them, the third line shall be equally distant from opposite shores of the respective

municipalities. 80

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

whale sharks or butanding. The operation of taking and process whales for commercial

products, especially animal’s oils, meat, using equipment and technique and in the

species of whales sought. These are hunted from roped wing boats and killed by hand

harpoons and other primitive tools.81

42

NOTES

1Tapales, Proserfina D. and Pilar, Nestor N., [editor], “Public Administration bythe Year 2000: Looking back into the Future,” Quezon City: NCPAG-UP Press, c. 1995.

2Lloyd Jensen and Lynn A. Miller, “Global Challenge and Continuity in WorldPolitics,” U.S.A: Harcourt Brace College Publishers, c. 1997.

3Bryant, Raymond L. and Baily, Sinead, “Third World Political Ecology,”London: Routledge Pub., c. 1997.


5Finkelstein, Neil D. [editor], “Transparency in Public Policy: Great Britain andUnited States,” Great Britain: McMillan Press Ltd., c. 2000.

6Brilliantes Jr., Alex B., “Innovation and Excellence: Understanding localGovernments in the Philippines,” Quezon City: UP-NCPAG CLRG, c. 2003.

7De Leon, Hector S., “Textbook on the Philippine Constitution,” Quezon City:Rex Printing Co. Inc., c. 1999.

8Local Government Code of 1991 “R.A. 7160,” Manila: A.V.B. Printing Press.

9“Australia Protects World’s Largest living Fish,” (ENS, 2001)www.flmnh.ufl.edu

10“Butanding: Rhincodon typus,” www.txtmania.com

11“The gentle Giant from Donsol – Whale Sharks” (Wolfgang, 2003),www.homearcor.de/be/bethge/donsoleng.htm

12Jamoralin, Reynaldo T. “Whale Sharks: No Safe Haven?” (Philippine DailyInquirer, 1998), www.oneocean.org

13“The Gentle Giant from Donsol – Whale Sharks” (Wolfgang, 2003),www.homearcor.de/be/bethge/donsoleng.htm


15Severino, Howie G., “Proposal to List Species as Endangered at CITIEs meetingexpected to be rejected,” (Balik-Kalikasan, 2000), www.bwf.org

43


17“Gentle Giants of the sea” (TRAFFIC, 2001), www.traffic.org

18“Study On How to Save Sharks from Extinction: Finning identified as primaryreason for shark depletion in RP waters,” (Manila Bulletin, 2001), www.mb.com.ph

19“Taiwan Implements Whale Shark harvest Monitoring System,” (traffic.org,2003), www.flmnh.ufl.edu

20“Butanding: Rhincodon typus,” www.txtmania.com

21“The Gentle Giant from Donsol – Whale Sharks” (Wolfgang, 2003),www.homearcor.de/be/bethge/donsoleng.htm

22Dhar, Aarti, “To Save the Whale Shark,” (The Hindu, 2004),www.flmnh.ufl.edu

23Severino, Howie G., “Proposal to list species as endangered at CITIEs meetingexpected to be rejected,” (Balik-Kalikasan, 2000), www.bwf.org

24“Whale Shark – Rhincodon typus,” (UNEP-WCMC, 2004), www.unep-wcmc.org

25Pazzibugan, Donna, “Whale Sharks Receive Protection in the Philippines,”(Philippine daily Inquirer, 1998), www.flmnh.ufl.edu

26“Whale Shark Tourism in the Philippines,” (Shark Info, 2001),www.sharkinfo.ch/S11_01e/philippines.html

27“Australia Protects World’s Largest Living Fish,” (ENS, 2001)www.flmnh.ufl.edu

28Dhar, Aarti, “To Save the Whale Shark,” (The Hindu, 2004),www.flmnh.ufl.edu

29Marsh, David [editor], “Comparing Policy Networks,” Great Britain: OpenUniversity Press, c. 1998.

30“Australia Protects World’s Largest Living Fish,” (ENS, 2001)www.flmnh.ufl.edu

31“Whale of An Encounter with a Gentle Giant” (Inquirer News Service, 2001),www.inq7.net

44


33Lorejo, Ronnie and Lagonoy, Roje, “Whale-shark town seeks President’s help”(Inquirer News Service, 2004), www. inq7.net

34“Illegal Fishing Threatening whale Sharks, Ngo Says,” (Inquirer News service,2004), www.flmnh.ufl.edu

35 Lorejo, Ronnie and Lagonoy, Roje, “Whale-shark town seeks President’s help”(Inquirer News Service, 2004), www. inq7.net

36“DOT urges masbate LGUs to Protect Whale Sharks from Poachers,” (PIAPress Release, 2003), www.pia.gov.ph

37Pine, Ruel, “Philippine coastal community cited as best place to observe whalesharks,” (WWF-Phil., 2005), www.panda.org

38Barcia, Rhaydz B., “Appearance of World’s Largest Fish Starts ButandingSeason in Donsol,” (The Sunday Times, 2003) www.manilatimes.net

39“Whale of An Encounter With A Gentle Giant” (Inquirer News Service, 2001),www.inq7.net

40Pal, Alex V., “News of Beached Whale Shark Rouses Dumaguete,” (InquirerNews service, 2005), www.flmnh.ufl.edu

41Branstetter, S. “The Management of the United States Atlantic Shark Fishery,”Case studies of the management of elasmobranch Part1, (FAO Corporate DocumentRepository), www. fao.org

42Payonga, Rico P. “Assessment of Maritime Related Agencies in Enforcing Lawsin Metro manila,” Unpublished Dissertation, Bicol University Graduate School, LegazpiCity, c. 2004.

43Dedina, Serge and Young, Emily. “Conservation and Development in the GrayWhale Lagoons of Baja California Sur, Mexico,” (Department of Geography andRegional Development: University of Arizona, 1995), www.library.arizona.edu

44Donor, Nancy M. “ Implementation of PD 704, The Fisheries Decree of 1975and Local Legislations in the Municipality of Bulan, Sorsogon as Perceived by SelectedSectoral Groups – 1992 -1996,” Unpublished Master’s Thesis, Bicol University GraduateSchool, Legazpi City, 1998.

45

45Mendoza, Josefa C. “the Implementation of the Local Government Unitperformance Program in the Bicol Region: An Assessment,” Unpublished Dissertation,Bicol University Graduate School, Legazpi City, 2000.

46A. Ali, R. Ali. M. Nasir I. Salleh, “Management of Shark Fisheries inMalaysia,” Case studies of the management of elasmobranch Part1, (FAO CorporateDocument Repository), www. fao.org

47Marasigan, Mario G. “The Coastal Barangay Intellegence Network (CBIN) ofthe Philippine National Police National Capital Region Maritime Office,” UnpublishedDissertation, Bicol University Graduate School, Legazpi City, 2004.

48Magpayo, Sunny R. “The Effectiveness of the Maritime Station on Anti-illegalFishing,” Unpublished Master’s Thesis, Bicol University Graduate School, Legazpi City,2001.

49Dr. Nyawira Muthiga, “The Effectiveness of Management and the ICAMExperience in Marine Protected Areas: The Mombasa Marine Park and Reserve,” (KenyaWildlife Service, 2001), www.cere.columbia.edu

50Aljanahi, Ahmed and Cherian, Tomas. “Shark Finning,” Ministry of Agricultureand Fisheries: UAE Agriculture Information Center, www.uae.gov.ae

51Japp, D.W. “Management of Elasmobranch Fisheries in South Africa,” Casestudies of the management of elasmobranch Part1, (FAO Corporate DocumentRepository), www. fao.org

52Placedes, Lyra Ruth C. “The Ecotourism Projects in The Province of Albay: AnAssessment,” Unpublished Master’s Thesis, Bicol University Graduate School, LegazpiCity, 2002.

53Kaye Lawson, “The Human Polity: An Introduction to Political Science,” USA:Houghton Miffin Company, c. 1989

54Garett Hardin and John Baden, [editor], “The Tragedy of the Commons inManaging the Commons,” San Francisco: W. H. Freeman, c. 1997, pp. 16-30.

55LeMay, Michael C. “Public Administration, Clashing Values in theAdministration of Public Policy,” California: Wadsworth?Thomson Learning Inc., c.2002.

56Atty. Rustico T. De Belen, MNSA, Ph.D. “Making the Philippine DemocracyWork: Decentralization and Electoral Reforms,” Manila: The Adamson News, OfficialPublication of Adamson University, Vol.3 No. 9, November-December 2001 Issue.

46

57De Leon, Hector S., “Textbook on the Philippine Constitution,” Quezon City:Rex Printing Co. Inc., c. 1999.


59LeMay, Michael C. “Public Administration, Clashing Values in the Administration of Public Policy,” California: Wadsworth?Thomson Learning Inc., c.

2002.

60allwords.com

61MO 1, S-98

62Black’s Law Dictionary with Pronunciations “6th Edition,” Minnesota: WestPublishing Co., c. 1990.

63allwords.com

64 MO 1, S-98

65LeMay, Michael C. “Public Administration, Clashing Values in theAdministration of Public Policy,” California: Wadsworth?Thomson Learning Inc., c.2002.

66MO 1, S-98

67allwords.com

68MO 1, S-98

69allwords.com


71Ibid.

72allwords.com


74allwords.com

47

75Black’s Law Dictionary with Pronunciations “6th Edition,” Minnesota: WestPublishing Co., c. 1990.

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

77allwords.com

78Ibid.

79Ibid.

80MO 1, S-98

81Ibid.

48

Chapter 3

RESEARCH DESIGN AND METHODOLOGY

This chapter discusses the methods and procedures used in data gathering and

presentation. This includes the research methods, sources of data, respondents,

instruments used, the data collection procedure, and statistical treatment of 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

towards an issue1. Thus, it describes the nature of a situation as it exists at the time of 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, the descriptive research design was employed to 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

conservation of the endangered whale sharks.2

49

Sources of Data

There are two kinds of data gathered in this study. The published documents and

the 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 information gathered directly from the respondents are from five major

sources namely: the Office of the Mayor and the Vice-Mayor of the Municipality of

Donsol; the Sangguniang Bayan; concerned Barangay Officials; Law Enforcement

Officers; and the Local Community. Non-Governmental Organization particularly the

World Wildlife Fund for Nature Philippines was a source of information being an 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 of the Mayor and the Vice-Mayor of the Municipality of Donsol, the

Sangguniang Bayan, concerned Barangay Officials, Law Enforcement Officers (the local

PNP) and the Local Community were the selected respondents in this study because they

were the person’s directly involved in the implementation of FAO 193 and Ordinance

No. 1, S-98, they were the one’s who determined the effectiveness and implications of

the policies to the local communities, and to the Municipality. The total number of the

respondents is 150, distributed among the different sectors. The 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 captains of the 5 selected coastal barangays and all the

members of was used in the selection of 10 law enforcers. 122 local fishers and other

concerned local residents in each barangay were randomly chosen to represent the 5

selected coastal barangays of Donsol found to have significant numbers of whale sharks

to be protected and conserved.

Instruments Used

Interview Guide. The researcher used an interview guide to generate the needed

information on the measures undertaken for the protection and conservation of the whale

sharks, and the recommendations that can be adopted to improve the implementation 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 engaged in the implementation of the ban. Likewise to the Barangay captains,

51

selected member of the Sangguniang Bayan and the law-enforcement officers were

interviewed.

Questionnaire. This questionnaire was used to obtain information 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

researchers gave the questionnaires to the community-members of the 5 coastal

barangays of Donsol.

Documentary Analysis. The analysis was done of the office documents

presented to the researcher by the respective respondents from the 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 of the whale sharks. Journals

and documents gathered through on-line information were also included.

Data Collection Procedure

Prior to the formal presentation of the survey instrument to the respondents,

validation and approval were made. Necessary revisions were done. Finally, the

questionnaires and the interview guide were distributed to the respondents. The

respondents were allowed to answer freely their concept and perception of the subject

matter, after which the tabulation, analysis and interpretation of the data were made.

52

Statistical Treatment of Data

The data gathered from the respondents are presented in tables and graphs.

Descriptive statistics was used to describe, analyze and interpret the data gathered.

Random sampling was a method used in selecting the sample size for the study as it gives

every member of the population an equal chance to be a sample.3 The 122 respondents

were randomly selected from a total of 8,757 population from the 5 selected coastal

barangays which are were randomly chosen from the 11 coastal barangays of Donsol,

Sorsogon. The data were analyzed and interpreted using the following statistical tools.

1. Weighted Mean takes into consideration the proper weights assigned to the

observed values according to their relative importance. This was used to find the level of

importance of the responses, as shown in the scales of value.

The formula for computing the mean is given below: 4

n

__ i = 1 Wi Xi

X = Wi

Where:

Wi = weight of each item

Xi = value of each item

X = mean

= means the sum of

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 to determine the extent of the measures of

implementation by the Municipality of Donsol in executing the FAO 193 and its local

ordinance.

In computing the percentage, any of the following formula was utilized:5

fP (%) = x 100

NWhere:

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 by the total number of

respondents)

54

NOTES

1Kumar, Ranjit. “Research Methodology: A Step-by-Step Guide for beginners,”Melbourne: Addison Wesley Longman Australia Pty Limited, c. 1996

2Meier, Kenneth J. and Brudney, Jeffrey L. “Applied Statistics: For PublicAdministration,” United States of America: Harcourt Brace College Publishers, c. 1997.

3Sevilla, Consuelo G., et. al “Research Methods, Revised Edition,” Manila; RexPrinting Company, Inc., 2000.

4Mercado del Rosario, Asuncion C. “Business Statistics,” Manila: ISBN, c. 1996.

5Jaccard, 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 ADMINISTRATIVEORDER NO. 193 AND ORDINANCE NO. 1, S-98

BY THE MUNICIPALITY OF DONSOL

This chapter presents the analysis and interpretation of the data gathered 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 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 in the Implementation of Fisheries Administrative Order No. 193 andMunicipal 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 are the general objectives, the date when it was initiated and the implementing

agencies. There were seven (7) measures considered in this study. These are programs

and projects for the protection and conservation of the endangered gentle-giant whale

sharks. Table 2 shows implementation 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 in the Implementation of FAO 193 and MO 1, S-98

Measures General Objectives DateInitiated

ImplementingAgencies

1. Initiation of“Butanding”Conservation Programper MO1, S-98

To heighten public awareness of the whalesharks near extinctionEstablish protected areas for the whale sharksRaise funds for the protection and conservation

program for whale sharks

March1998

Municipality ofDonsol WWF-Phil. Concerned Coastal

Barangays2. Establishment ofCommunity-basedButanding WatchingProject per MO1, S-98

To provide the coastal communities with analternative source of livelihoodTo divert people’s effort towards developing a

local tourism industry

March1998

Municipality ofDonsolWWF-Phil.

3. Prohibition onwhaling within theterritorial waters of theMunicipality of Donsolper MO1, S-98

To ban any person or persons to hunt, capture orcatch, slaughter, transport, harm or hunt,disturb or harass the whale sharks at anytimeand in any part of the municipal waters ofDonsol, Sorsosgon

March1998

Municipality ofDonsolMunicipal

AgriculturePhilippine National

PolicePhilippine

CoastguardConcerned Coastal

Barangays4. Regulation of theWhale Shark InteractionCode of Conduct

To ensure the safety of the swimmersTo minimize the disturbance to the whale sharks

July1998

Municipality ofDonsolWWF-Phil

5. Implementation ofthe project “Protectionof Whale Shark and theMunicipal Waters ofDonsol, Sorsogon” perMemorandum ofAgreement entered intoby and betweenMunicipal Governmentof Donsol and theWorld Wildlife Fundfor Nature – Philippines

To gather additional information on whalesharks and use it to produce resourcemanagement policiesTo increase awareness and establish the need to

conserve the whale sharksTo assist the community in developing their

capacity to properly manage the eco-tourismprogram based on whale shark interactionTo recommend a management plan for an

effective utilization and conservation of whalesharks through ecotourismTo support the community and the LGU in

enforcing FAO 193 and other municipal fisheryordinancesTo organize, train and mobilize a genuine

enforcement crusade at the barangay/community and municipal level.

August2000

Municipality ofDonsolWWF-Phil.Concerned Coastal

Barangays

6. Establishment of theMarine ConservationPark in Donsol perMO41, S-2005 Sec. 34

To totally restrict human activities in themunicipal waters that will directly andindirectly affect the whale shark population

March2006

Municipality ofDonsolWWF-Phil.

7. Support Whale SharkPhoto-IdentificationLibrary andEnforcement of photo-identification in Donsol

To develop a map of their preferred habitat andtheir migratory patternTo develop a management and conservation

strategies for protection of whale sharks

March2007

Municipality ofDonsolWWF-Phil.ECOCEAN

57

Establishment of Community-Based Butanding Watching Project. The

Municipality, as well, established a Community based Butanding Watching Project with

the cooperation of World Wildlife Fund for Nature - Philippines and other interested

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. 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

necessary equipment by asking assistance from World Wildlife Fund for Nature-

Philippines, 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 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 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 boat and all instruments used in whaling activities.

Table 3

Penalties for the Provisions of MO 1, S-98

Areas/Aspects

Implementation of PenaltiesF I I MI PI NI

WM QDF % F % F % F % F %

Ban on whaling within the territorialwaters of Donsol, Sorsogon…

a. Fine of P2, 500.00 51 42 21 17 33 27 10 8 7 6 3.81 Ib. Imprisonment of 6 months 11 9 32 26 41 34 29 24 9 7 3.06 MIc. Both such fine and imprisonment 13 11 39 32 26 21 33 27 11 9 3.08 MId. Confiscation of the fishing boat and

all instruments used in whaling10 8 49 41 34 28 20 16 9 7 3.25 MI

Legend:

FI – fully implemented F - frequencyI – implemented % - percentageMI – moderately implemented WM - weighted meanPI – partially implemented QD - qualitative descriptionNI – not implemented

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 of the Municipality of Donsol. The

majority or the forty-two (42%) percent of all the respondents agreed that a fine of two

thousand five hundred (P2, 500.00) pesos was fully implemented, but all in all having a

weighted mean of 3.81 indicate that it was just implemented. Thirty-four (34%) 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 that both the fine and imprisonment were implemented, with a weighted mean of

3.08 indicating moderate implementation. For the confiscation of the fishery boat and all

59

instruments used in whaling, forty-one (41%) percent of the respondents 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 of the Municipality of Donsol are not given appropriate

penalties. Penalties are not strictly implemented. These were reports that some regional

police intelligence officers were seen chatting with crewmen of boats allegedly engaged

in illegal fishing. This is an indication of an intimate relation between these law

implementers and law violators. There must be “hidden illegal” transaction that is

happening in the area. One cannot imagine that there are protectors of illegal fishing

activities in Donsol, Sorsogon. And it is worst to know that law enforcers themselves are

the protectors of these illegal fishers. So one can say that FAO 193 and MO 1, S-98 are

not fully implemented in the area due to very light penalties or non-implementation 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 Municipality of Donsol, Sorsogon. Illegal fishing vessels have already 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

interaction code of conduct, developed for such purpose to ensure the safety of the

60

swimmers/tourists and to minimize the disturbance of the sharks. The code of conduct

includes: 1. No physical contact between 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 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 are the responsibilities assumed by the Local government of

Donsol in implementing the project: 1. Provide venue for meeting, trainings and

workshop; 2. Initiate and conduct the regular patrolling of Donsol waters; 3. 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 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 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 – Philippines initiated the

following measures: 1. Prepare the meetings, training and workshops, i.e., in identifying

and 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; 7. Assist in the organizing, training and mobilization 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

Areas/Aspects

Implementation of PenaltiesF I I MI PI NI

WM QDF % F % F % F % F %

Ban on taking or catching, selling,purchasing & possessing, transporting andexporting of whale sharks…

a. Fine of not less than P500.00 to notmore than P5, 000.00

47 39 26 21 34 28 10 8 5 4 3.82 I

b. Imprisonment from 6 months to 4years

12 10 36 29 40 33 24 20 10 8 3.13 MI

c. Both such fine and imprisonment 8 7 38 31 33 27 27 22 16 13 2.96 MId. Cancellation of permits or license 37 30 50 41 22 18 8 7 5 4 3.87 Ie. Imposition of fine, cancellation of

permit or license and confiscation ofwhale sharks

37 30 46 38 20 16 11 9 8 7 3.76 I

Legend:


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 perceived that a fine of not less than five hundred (P500.00) pesos to not

more than five thousand (P5, 000.00) pesos is fully implemented; Twenty-one (21%)

percent perceived it is implemented; and twenty-eight (28%) percent perceived it is

moderately implemented Total weighted mean of 3.82 indicate that it was implemented.

63

With the imprisonment from six (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

imprisonment are implemented, with weighted mean of 2.96 indicating that it was

moderately implemented. For the cancellation of permit or license forty-one (41%)

percent of the total respondents percieved that it was implemented with a weighted mean

of 3.87. The thirty-eight (38%) percent of the respondents perceived that imposition 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 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, 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 prefered habitat and their migratory pattern, and develop a 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 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 in developing management

scheme worldwide for the whale sharks to ensure their survival.

Photo identification involved the following methodologies: 1. 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 was spotted the boat was positioned to where it was going, the 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 appropriate photograph for the Photo-Identification; The researcher 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,

estimated size, scarring, etc). The researcher took note or photograph the noticeable

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 flash photography was used.

Extent of the Implementation of the Fisheries Administrative Order No. 193 andMunicipal Ordinance No. 1, S-98

The extent of the implementation of FAO 193 and MO 1, S-98 are weighed in

terms of the degree of the protection and conservation measures. These protection and

conservation measures are represented by various programs and projects evaluated and

presented below:

Table 5

Extent of the Implementation of FAO 193 & MO 1, S-98

Areas/Aspects

Extent of Implementation of the FAO 193 & MO 1, S-98F I I MI PI NI

WM QDF % F % F % F % F %1. Protection

a. Prohibition on whaling within theterritorial waters of Donsol…

14 11 50 41 21 17 13 11 24 20 3.14 MI

b. Implementation of the project“Protection of Whale Shark…”

19 16 57 47 16 13 10 8 20 16 3.37 MI

c. Support & Enforcement of photo-identification in Donsol…

1 1 4 3 21 17 86 71 10 8 2.18 PI

2. Conservationa. Initiation of “Butanding”

Conservation Program10 8 36 30 49 40 15 12 12 10 2.74 MI

b. Establishment of Community-based Butanding WatchingProject

63 52 25 21 21 17 9 7 4 3 4.09 I

c. Regulation of Whale SharkInteraction Code of Conduct

10 8 13 11 49 40 24 20 26 21 2.65 MI

d. Establishment of the MarineConservation Park in Donsol…

3 2 8 7 15 12 22 18 74 61 1.72 PI

Legend:


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 are is moderately implemented. Majority or forty-one (41%) percent of the total

respondents agreed that prohibition on whaling within the territorial waters of the

Municipality of Donsol, Sorsogon is really implemented in the area. It is a prohibition

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.

Figure 3

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

Prohibition on whaling within the territorial waters ofDonsol…

11%

41%

17%

11%

20% Fully Implemented

Implemented

ModeratelyImplementedPartially Implemented

Not Implemented

67

Implementation of the Project of “Protection of Whale Sharks and the

Municipal Waters of Donsol, Sorsogon.” In the implementation of the project

“Protection of Whale Sharks and the Municipal Waters of Donsol, Sorsogon” forty-seven

(47%) percent of the respondent agreed it was implemented. The project 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 respondents perceived that the said project was moderately implemented with the

weighted mean of 3.37.

Figure 4

Graph Showing the Implementation of the Project “Protection of the Whale Sharksthe Municipal Waters of Donsol, Sorsogon” per Memorandum of Agreement

entered by the Municipality of Donsol & the WWF – Philippines

Implementation of the project “Protection of WhaleShark…”

16%

47%

13%

8%


Implemented


Not Implemented

68

In the survey done by the World Wildlife Fund for Nature – Philippines (WWF-

Phil) forty-seven (47%) percent also of the respondents believe that FAO 193 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 stakeholders of the local community particularly the fishermen. As few days

after its issuance, another whale shark was caught in the 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” continues to operate in 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 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 fisheries in municipal waters threaten the whale sharks as well in the

municipal waters of 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 seventy-one (71%) percent of the respondents perceived that photo-identification of

whale sharks in Donsol, Sorsogon is partially implemented, as it is also indicated in the

weighted mean of 2.18 that this was partially implemented in the area.

Figure 5

Graph Showing the Support inWhale Shark’s Photo-Identification Library and

Enforcement of Photo-Identification inDonsol, Sorsogon

Photo-identification activities was not right away accepted by various sectors

particularly the concerned agencies and organizations involved in the whale shark

ecotourism industry which are not accustomed to research activities in the waters of

Support & Enforcement of photo-identification inDonsol…

1%

3%

17%

71%

8%Fully Implemented

Implemented


Not Implemented

70

Donsol, for the fear of driving off the whale sharks that may affect their tourism

livelihood. According to the World Wildlife Fund for Nature – Philippines (WWF-Phil),

the problem arises at the time of execution of the photo-identification project where there

was short notice to the concerned agencies and organization like the Municipal Tourism

Office, the Butanding Interaction Officers (BIO), and the Boat Operators Association

(BOA). This problem may have been caused by the WWF-Philippines informing earlier

the direct stakeholders of the whale shark ecotourism industry. Other problems in the

photo-identification activity arose on the part of the researcher like 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

Program in order to heighten the local community’s awareness of the whale sharks near

extinction, and established the need for its protection and conservation. Forty (40%)

percent of the respondents perceived the conservation program for whale 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

implemented. In the research done by the World Wildlife Fund for Nature – Philippines

(WWF-Phil) thirty (30%) percent of the respondents think that conservation 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 population.

Figure 6

Graph Showing the Initiation ofButanding 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%) percent

of the respondents perceived that the project was fully implemented, with a weighted

mean of 4.09, but as a whole as implemented. In July 1998, the WWF-Philppines

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 of whale sharks ecotourism. Foremost in this involvement was through

Initiation of “Butanding” Conservation Program

8%

30%

40%

12%

10%Fully Implemented

Implemented


Not Implemented

72

enhancement and strengthening of the capacity of the local stakeholders in whale shark-

based ecotourism program and related services like tour boat operations, whale shark

interaction guides, and development of a whale shark ecotourism management plan,

inclusive of strategies destination, planning and workshops. The benefits of this project

include high public awareness, promotion of non-consumptive use of whale sharks,

enhanced community development through training in tourism-related services, increased

local pride, and increased tourism revenues.

Figure 7

Graph Showing the Establishment of Community-basedButanding Watching Project per MO 1, S-98

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

of whale shark interaction code of conduct, forty-nine (49%) percent of the respondents

perceived it was moderately implemented with a weighted mean of 2.65. In the 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

Establishment of Community-based Butanding WatchingProject

52%

21%

17%

7% 3%Fully Implemented

Implemented


Not Implemented

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.

Figure 8

Graph Showing the Regulation of theWhale Shark Interaction Code of Conduct

Stories of touching the sharks by some of the Butanding Interaction Officers

(BIO’s) was revealed by WWF-Philippines, where there was an instance that the

researcher personally witnessed this kind of activity which is very disturbing to the whale

sharks. Before the tourists are allowed to interact with these animals they were instructed

what not to do with the sharks. It was also observed that some of the curious 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 just to satisfy the tourists. Though there were some irregularities in the whale

shark interaction, it was observed that most of the BIO’s and members of the Boat

Regulation of Whale Shark Interaction Code of Conduct

8%

11%

40%

20%


Implemented


Not Implemented

74

Operators Association (BOA) were 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 to 25 boats at a time and by limiting the

number of traveling hours (3 hours) for each boat. Interaction guidelines had been 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 to protect and conserve ocean’s natural resources and

other marine reserves. It is also control and limit the use and exploitation of our marine

resources for the conservation of the various fishery resources like the whale sharks and

to increase its production.

75

Figure 9

Graph Showing the Establishment of the MarineConservation 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

implementation of the said policies. These responses are shown in the table below.

Table 6

Responses of the Stakeholders of the Local Community in the Implementationof FAO 193 and MO 1, S-98

Areas/Aspects

Extent of the Responses of the Stakeholders of theLocal Community

VH H M L VL WM QD% % % % %

1. Local community’s awareness of the FAO 193 andMO 1, S-98

62 5 16 6 11 4.02 H

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

14 66 12 6 2 3.84 H

3. Local community’s perception regarding localgovernment’s political will in the implementation ofFAO 193 and MO 1, S-98

2 14 57 24 3 2.89 M

Establishment of the Marine Conservation Park inDonsol…

2% 7%

12%

18%61%

Fully Implemented

Implemented


Not Implemented

76

Legend:

VH – very high % - percentageH – high WM - weighted meanM – moderate QD - qualitative descriptionL – lowVL – very low

Awareness of the Local Community in the Implementation of the FAO 193

and MO1, S-98. The publicity given to the whale sharks has changed the direction 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

high awareness. WWF-Philippines survey’s revealed seventy-two percent (72%) percent

of the respondents are aware of the FAO 193 while twenty-two (22%) percent are

unaware. With the need for 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

organizations in Donsol as well as the general public. 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.

Figure 10

Graph Showing Awareness of the Local Community in theImplementation 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 of the local community to the FAO 193 and 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 whale sharks shown sixty-six (66%) percent of the respondents agreed that the

compliance of the local community to FAO 193 and MO 1, S-98 is high, having a

weighted mean of 3.84 indicating high compliance.

Local community’s awareness of the FAO 193 and MO 1, S-98

62%

5%

16%

6%

11%

Very HighHighModerateLowVery Low

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 but also get involved themselves in the coastal law enforcement of

the protection and conservation measures for the whale sharks, as well as in the local

tourism trade and environmental education.

Figure 11

Graph Showing the Compliance of the Local Communityin the Implementation of the FAO 193 and MO 1, S-98

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

14%

66%

12%

6% 2%


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-seven (57%) percent of the respondents concluded that the local

government’s political will is moderate.

Figure 12

Graph Showing the Local Community’s PerceptionConcerning 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 species still continued in the Philippine waters, particularly in Donsol,

Local community’s perception regarding localgovernment’s political will in the implementation of

FAO 193 and MO 1, S-98

2%14%

57%

24%

3%


80

Sorsogon. This is largely due to absence of political will among local government

officials, lack of manpower and resources to implement the ban.

Recommendations to Improve the Implementation of Fisheries AdministrativeOrder 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 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 consider the following recommendations from the World Wildlife

Fund for Nature – Philippines and the researcher himself that are shown in the table

below:

Table 7

Recommendations to Improve the Implementation of the FAO 193 and MO 1, S-98

Recommendations General Objectives1. Imposing heavier penalty forthose persons who violates theprohibition on whaling activitiesin the municipal waters of Donsol

To totally eliminate the taking or catching, slaughtering, selling,purchasing and possessing, transporting and exporting, harming orhurting, disturbing or harassing whale sharks in the territorial watersof the Municipality of Donsol

2. Requiring all motorized boatsto use propeller guards

To prevent physical injury to the whale sharks To minimize the disturbance of the whale sharks

3. Adopting whale shark’s taggingin Donsol, Sorsogon

To determine the number of whale sharks visiting the municipalwaters 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 Heavier Penalty for Those Persons Who Violated the 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 include three measures. First, is to enact and implement a policy 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 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; 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 other hand, any person or group of persons who violate the provisions of

Ordinance No. 1, S-98 is penalized by paying a fine of two thousand five hundred (P2,

500.00) pesos or an imprisonment of six (6) months or both, at the discretion of the 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 penalties on the prohibition of whale sharks exploitation is to 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 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 measure is 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

World Wildlife Fund for Nature – Philippines in the photo-identification activities that a

lot of sharks have cuts and scars from the propeller of the boat. Some have even

truncation on their fins. By making sure that all motorized boats use propeller guards,

whale sharks are free from harm and injuries caused by the propeller of the boats.

Adopting Whale Sharks’s Tagging in Donsol, Sorsogon. Lastly, there is need

to enact and implement a policy adopting whale shark’s tagging in the municipal waters

of Donsol, Sorsogon in order to determine the number of whale 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

equipments designed by World Wildlife Fund for 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 – a real-time tracking gadget.

83

Chapter 5

SUMMARY, FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

This chapter gives the summary, conclusions and recommendations of the study.

It recapulates the problem of the study and the summary of findings.

Summary

This study determined the degree of implementation of the measures of the

Fisheries Administrative Order No. 193 and Ordinance No. 1, S-98 by the Municipality

of Donsol, Sorsogon which promotes the protection and conservation measures for the

endangered gentle-giant whale sharks.

The study answered the following sub-problems:





Conservation?



S-98?

4. What can be recommended to improve the implementation of Fisheries


The study was deemed important as it hopes to emphasize the following

objectives: a. To give insights how the Municipality of Donsol administers the

implementation of the ban; b. To give importance on the autonomy of the Local

84

Government of Donsol in policy implementation; c. To indicate the extent of the 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 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 respondents in this study were 150, which comes from various sectors of the local

community of Donsol, Sorsogon.

Findings

Based on the analyses and interpretation of the data, the following are the

findings.

1. On the measures undertaken by the Municipality of Donsol in implementing 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 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 and Enforcement of photo-identification in Donsol.

2. On the extent of the implementation of the Fisheries Administrative 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 stakeholders of the local community believed that 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-identification of whale sharks in Donsol, Sorsogon is partially implemented in the

area.

With regards to the conservation measures for whale sharks that are initiated by

the Municipality of Donsol: Most of the respondents agreed that “Butanding”

Conservation Program is 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 Donsol is not

implemented.

3. On the responses of the stakeholders of the local community in the


S-98.

The stakeholders’ responses are in terms of local community’s awareness,

compliance and perception regarding local 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 and conservation measures for the whale sharks. With regards to the local

community’s perception regarding local governments’ political will in the

implementation of the said policies, the majority of the stakeholders concluded that the

local government’s political will is moderate.

4. On the recommendations to improve the implementation of Fisheries

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 is to legislate and

implement a policy imposing heavier penalty 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 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 the implementation of the FAO 193 and MO 1, S-98, 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 enforcement of FAO 193 and MO 1, S-98 as to protection and

conservation through various programs and projects differ on the extent of their

implementation.

87

3. The local community’s awareness and compliance of the implementation of the

FAO 193 and MO 1, S-98 is high, and they perceived that local governments’ political

will in the implementation of the said policies is moderate.

4. The Municipality of Donsol considered three (3) recommendations to improve

the implementation of the FAO 193 and MO 1, S-98 which includes the following: To

enact and implement a policy imposing heavier penalty for those persons who violate the

prohibition on whaling activities in the municipal waters of 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 tagging in Donsol, Sorsogon.

Recommendations

In the light of the foregoing findings and conclusions, the recommendations are

forwarded:

1. The implementation of FAO 193 and MO 1, S-98 and other municipal

ordinances for the protection and conservation of the whale 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 should be consolidated and updated. Heavier penalties for the violations of

its provisions should be imposed and should be strictly enforced.

3. Whale shark’s tagging in Donsol, Sorsogon should be enforced to 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 Code of Conduct should be strictly implemented.

Butanding Interaction Officers should wholeheartedly observed among themselves the

strict implementation of the said guidelines and be a model and better guide to the tourist.

5. The enforcement of photo-identification should be supported and “Photo-

Identification Library in Donsol, Sorsogon” should be established.

6. Linkages should be strengthened and assistance from other concerned agencies

and organizations for sustainable financing system should be sought.

7. Monitoring and feedbacking evaluation structure should be created.

89

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Thesis and Dissertation

Atienza, Miguel P. and Marasigan, Mario G. “Philippine National PoliceMaritime Police Stations in the Province of Occidental Mindoro and Quezon,”Unpublished Master’s thesis, Bicol University Graduate School, Legazpi City, c. 2000.

94

Donor, Nancy M. “ Implementation of PD 704, The Fisheries Decree of 1975 andLocal Legislations in the Municipality of Bulan, Sorsogon as Perceived by selectedSectoral Groups – 1992 -1996,” Unpublished Master’s Thesis, Bicol University GraduateSchool, Legazpi City, 1998.

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

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

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

Mortega, Nestor B. “Assessment of the Law Enforcement on Illegal Fishing in theFirst District of Albay,” Unpublished Master’s Thesis, Bicol University Graduate School,Legazpi City, c. 2001.

Payonga, Rico P. “Assessment of Maritime Related Agencies in Enforcing Lawsin Metro manila,” Unpublished Dissertation, Bicol University Graduate School, LegazpiCity, c. 2004.

Placedes, Lyra Ruth C. “The Ecotourism Projects in The Province of Albay: AnAssessment,” Unpublished Master’s Thesis, Bicol University Graduate School, LegazpiCity, 2002.

Others

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

95

APPENDICES

96

APPENDIX A

Republic of the PhilippinesDEPARTMENT OF AGRICULTURE

Office of the SecretaryElliptical 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:

SECTION 1. Definition – The terms used herein shall be construed as follows:

a) Whale sharks – a large 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 caudal fin and a unique “checkerboard” pattern of light spots

and stripes on a dark background.

b) Manta rays – a large elasmobranch of the family Mobulidae, synonymous

with the giant Atlantic manta (Manta birostris)

97

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

netting of whale shark and manta rays.

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

e) Possess – means to have actual or constructive possession or control

thereof.

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

g) Export – means to send or ship out of the country.

SECTION 2. Prohibition – It shall be unlawful to take or catch whale shark and manta

rays in Philippine waters or to sell, purchase, possess, transport, or export the same

whether dead or alive, in any 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 Office, as the case may be for proper disposition.

SECTION 3. Issuance of Permit to Conduct Research and/or Collect 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 to such terms

and conditions as the DA Secretary may deem wise to impose.

98

SECTION 4. Penalty – Violation of this Order shall subject the offender to a fine of not

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 hereby empowered to impose upon the offender

an administrative fine not more than five thousand (P5,000.00) 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 6. Effectivity – This Order shall take effect fifteen (15) days after its

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

(SGD.) SALVADOR H. ESCUDERO IIISecretary

RECOMMENDED BY:

(SGD.) DENNIS B. ARAULLODirector

Bureau of Fisheries and Aquatic Resources

99

APPENDIX B

Republic of the PhilippinesMUNICIPALITY OF DONSOL

Sorsogon

SANGGUNIANG BAYAN

April 1, 1998

The Provincial SecretarySangguniang PanlalawiganSorsogon, Sorsogon

S i r :

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


Sorsogon

SANGGUNIANG BAYAN

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

PRESENT: Hon. Glenn A. Lubiano - Presiding OfficerHon. Salve R. Ocaya - KagawadHon. Jose S. Roldan - KagawadHon. Sergio T. Guarin, Jr. - KagawadHon. Zenaida R. Malto - KagawadHon. Eufracio L. de Borja - KagawadHon. Senador R. Razo - KagawadHon. Eduardo B. Dy - KagawadHon. Elsa A. Abitria - ABC PresidentHon. Ronald A. Mallilin - SK President

ABSENT: Hon. Migdonio H. Cleofe - Kagawad

ORDINANCE NO. 1, S-98

AN ORDINANCE TOTALLY BANNING WHALING WITHIN THE TERRITORIALWATERS 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 2 - Definition of Terms – When used in this ordinance, the words and

phrases are hereby defined:

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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.

b. Whaling – the industry of hunting, capturing and/or catching of whale sharks

or butanding.

c. Transporting – to carry or convey the whale sharks from one place to another

either by seacraft or by an offshore transport vehicle.

d. Harming or hurting – 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 on until they are entangled that they can no longer

move).

e. Disturbing or Harasing – any activity that would result to the driving away of

the butanding in their tranquil habitat.

f. Slaughtering – 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.

h. Harpoon – a barbed spear with a rope tied to it for catching whales.

i. Toxic Materials and Substances – any poisonous solid materials and

substances that can cause fishkill.

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Example:

Substances – such as crude oil, gasoline, pesticide, etc.

Solic Materials – plastic bags, mistaken for jellyfish, eat them and die.

j. Endangered Species – a one of its kind in great danger or becoming extinct.

k. Extinct – extinguished, no longer existing, lifeless.

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 whale sharks:

The Local Government Unit shall initiate a “Butanding” Conservation Program in

order to heighten public awareness of the butanding’s near-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. The project shall provide

the coastal communities with an alternative source of livelihood and shall divert people’s

effort towards developing a local eco-tourism industry;

SECTION 5 - Prohibition:

It shall be 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

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;

SECTION 6 - Administrative Provisions – Enforcement of this ordinance shall beguided by the following provisions:

a. the municipal government through the Local Chief Executive shall provide the

necessary equipment, like motorized banca, telescope, (radio transceiver) and

the like to agencies involved in related whale shark activities;

b. The Municipal Agriculturist with Bantay Dagat crew shall regularly patrol the

area from barangay Ogod to barangay Sta. Cruz.

c. The Philippine National Police through the Chief of Police in coordination

with the Philippine Coast Guard shall assign a team to accompany the Bantay

Dagat and other agencies in patrolling the area;

d. The barangay tanods through their respective barangay captains shall also

patrol their respective area and shall monitor the movement of any fishing

vessel; and

e. The Local Chief Executive upon notice shall cause the immediate

inspection/apprehension of any suspected fishing vessel in the area.

SECTION 7 - Repealing Clauses: All Municipal Ordinances, rules and regulations

which area in conflict with this ordinance are hereby repealed.

SECTION 8 - Penalty: Any person or group of persons who violate/s the provisions of

this ordinance shall be penalized as follows:

1. A fine of Two Thousand Five Hundred (P2,500.00) Pesos or an imprisonment

of Six (6) months or both, at the discretion of the court;

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2. Confiscation of the fishing boat and all instruments used in whaling by the

Local National Police, Barangay Tados Crew of Bantay Dagat, and other

authorized persons;

3. Section 88, of RA.8550, is hereby adopted in this section.

SECTION 9 - Effectivity – This ordinance shall take effect immediately.

APPROVED:

I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING.

(SGD.) GLENN A. LUBIANOPresiding Officer

ATTESTED:

(SGD.) FELIZARDO M. PERALTASB 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 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 referred to as the Municipality of Donsol.

and

The WORLD WILDLIFE FUND FOR NATURE – PHILIPPINES (WWF-

PHILIPPINES), also known as KABANG KALIKASAN NG PILIPINAS (KKP),

with office address at 23 Maalindog Street, U.P. Village, Diliman Quezon City, a non-

governmental 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 habitat of whale sharks or butanding (local name) and is considered a

major eco-tourism destination of whale shark interaction tours;

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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;

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, 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 agree 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 additional information on the whale sharks and use it to produce

resource management policies;

1.2 To increase the awareness and establish the need to conserve the whale sharks and

other marine resources;

1.3 To assist the community in developing their capacity to properly manage the eco-

tourism program based on whale shark interaction;

1.4 To recommend a management plan for an effective non-consumptive utilization

and conservation of whale sharks through eco-tourism;

1.5 To support the community and the LGU in enforcing FAO 193 and other

municipal fishery ordinances, including laws against dynamite fishing and other

illegal fishing practices and the butanding interaction guidelines;

1.6 To organize, train and mobilize a genuine enforcement crusade at the

Barangay/community and Municipal level.

ARTICLE 2. RESPONSIBILITITES OF THE PARTIES

2.1 The MUNICIPALITY OF DONSOL shall:

2.1.1 Provide venue for meeting, trainings and workshop;

2.1.2 Initiate and conduct regular the patrolling of Donsol waters;

2.1.3 Provide sufficient berthing space along Donsol Pier for two boats;

2.1.4 Provide manpower and be responsible for the fuel, repair, and maintenance of the

patrol boats and equipment provided by KKP

2.1.5 Hire and deploy permanent/full-time patrol boat operator mechanic for the two (2)

patrol boats;

108

2.1.6 Ensure that the boats and the equipment provided by KKP shall be used only for

the purposes of patrolling, research, monitoring community development

activities and other related butanding activities”;

2.1.7 Maintain a logbook and issue trip tickets to monitor the use of the boats and other

equipment and provide copies to KKP on a regular basis;

2.1.8 Identify participants to trainings and workshops, particularly in relation to

patrolling and enforcement;

2.1.9 Organize, train and mobilize a genuine enforcement crusade;

2.1.10 Develop and implement “Implementing Guidelines” for patrolling the municipal

waters of Donsol;

2.1.11 Conduct joint-planning, implementation, monitoring and evaluation of the project;

2.1.12 Ensure that tourists are given the proper orientation and guidelines prior to

commencing whale shark interaction and that the same are properly observed.

2.1.13 Facilitate the accreditation of KKP as an non government organization operating

in Donsol.

2.2 KKP shall:

2.2.1 Prepare the meetings, training and workshops, i.e., in identifying and 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 Conduct an information, education and communication (IEC) campaign in

promoting conservation of whale sharks and other marine resources;

109

2.2.4 Support the community-based eco-tourism livelihood (whale shark interaction

tours guidelines and identification of other alternative enterprises to supplement

eco-tourism activities;

2.2.5 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 are to stop illegal activities and for monitoring

proper whale shark interactions.

2.2.6 Conduct meetings, initial training and workshop on coastal law enforcement.

2.2.7 Assist in the organizing, training and mobilization of a genuine enforcement

crusade.

2.2.8 Assist in the development of implementing guidelines for patrolling.

2.2.9 Assist in the conduct of joint-planning with the LGU and local partners for the

project and enforcement crusade

2.2.10 Conduct periodic joint-project monitoring and evaluation.

ARTICLE 3. OTHER PROVISIONS

a. All boats and equipment shall be registered under KKP.

b. The boats and equipment shall be used solely for patrolling, research,

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 equipment and services shall only be used for the execution of the

project and shall not be used for purposes other than execution of the project.

110

d. KKP shall recall from the Municipality of Donsol the use of the boat 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 reports, maps, plans, designs, and other records gather and reduced in the

course of project implementation shall be the property of the Municipality of

Donsol, Sorsogon, the KKP and the funding agency of the 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, additions and omissions in work covered by these Agreement 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.

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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 (SGD.) DR. CELSO R. ROQUEMayor President

Signed in the presence of:

(SGD.) MIGDONIO CLEOFE (SGD.) ROMEO B. TRONOVice-Mayor Vice-President

_______________________

Japanese EmbassyOfficer/Representative

112

REPUBLIC OF THE PHILIPPINES

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/organization named therein, acknowledged to me that the same is the free and

voluntary act and deed of the said government agency/organization, and exhibited to me

their respective community tax certificates 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. _______

Page No. _______

Book No. _______

Series of 2000

113

APPENDIX D


Sorsogon

SANGGUNIANG BAYAN

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

PRESENT: Hon. Senador R. Razo - Temp. Presiding OfficerHon. Salve R. Ocaya - KagawadHon. Jose S. Roldan - KagawadHon. Zenaida R. Malto - KagawadHon. Eufracio L. de Borja - KagawadHon. Elsa A. Abitria - ABC PresidentHon. Ronald A. Mallilin - SK President

ABSENT: Hon. Glenn A. Lubiano - Vice MayorHon. Sergio T. Guarin, Jr. - KagawadHon. Migdonio H. Cleofe - KagawadHon. Eduardo B. Dy - Kagawad

RESOLUTION NO. 16, S-98

RESOLUTION DECLARING DONSOL’S MUNICIPALWATER AS PROTECTED AREA FOR WHALESHARKS OR LOCALLY KNOWN AS “BUTANDING”

WHEREAS, the Municipal water of Donsol have been the habitat of a rare specie andworld’s largest fish, the whale shark or scientifically called “RHINCODONTYPUS,” known locally as “BUTANDING,”

WHEREAS, the fishermen of this town have complained that rampant commercialfishing in nearby waters has resulted in the slaughter of some of the whalesharks;

WHEREAS, conservation of whale sharks could develop ecotourism in the area andimprove the income of the barangay people in the coastal area especially inthe sea of barangay Sibago where the whales are often spotted and havebeen visited by International marine Biologist Scott A. Eckert, a seniorAmerican Biologist of the Hubbs-sea world research institute based in San

114

Diego, California and the Sorsogon Provincial tourism Council headed bymrs. Cecilia H. Duran.

Now, therefore, on Motion of Kagawad Salve R. Ocaya, jointly seconded by KagawadEufracio L. de Borja and Zenaida R. Malto, be it –

RESOLVED, as it is hereby resolved, to declare the Donsol Municipal water as protectedarea for whale sharks or locally known as “Butanding.”

RESOLVED FURTHER, that copies of this resolution be furnished the SangguniangPanlalawigan, the Office of the Governor, Province of Sorsogon, the Office of theMunicipal Mayor, The Sorsogon Provincial Tourism Council and all other concernedagencies.

UNANIMOUSLY APPROVED.


(SGD.) SENADOR R. RAZOTemp. Presiding Officer

115

APPENDIX E


Sorsogon

SANGGUNIANG BAYAN

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

PRESENT: Hon. Salve R. Ocaya - Presiding OfficerHon. Antonio R. Merciales - CouncilorHon. Nicolas A. Nato - CouncilorHon. Vicente B. Bonaobra - CouncilorHon. Leilany C. Peralta - CouncilorHon. Alejandro l. Rico - CouncilorHon. Armando C. Abitria - CouncilorHon. Zaldy A. Advincula - CouncilorHon. Jerome R. Alcantara - SK President

ABSENT: Hon. Argel V. Hernandez - CouncilorHon. Oro C. Mirabueno - ABC President

RESOLUTION NO. 85, S – 2003

RESOLUTION DECLARING THE MUNICIPALWATERS OF DONSOL, AS FISH SANCTUARY ANDFOR OTHER RELATED PURPOSES

WHEREAS, the municipal waters of Donsol is abundant with aquatic animals ofdifferent varietal species including plankton serving attractant as food forwhale sharks “RHINCODON TYPUS’ locally known as”BUTANDING,”

WHEREAS, the sightings of biggest number of Butanding in the municipal waters ofDonsol have been published both in local and foreign print and broadcastmedia and in television have resulted in the influx of local and foreigntourist thereby bringing in additional revenue to the municipal coffer inparticular and the constituencies in general;

WEREAS, the municipality of Donsol and its municipal waters, through the support andeffort of Secretary Richard Gordon of the Department of Tourism, is in theprocess of identifying it as component of the Tourism Enterprise ZoneAuthority (TEZA) wherefore, big and small fishing vessels, causing

116

destruction to coral reefs and other means of habitat for fishes, will bestrictly prohibited to fish therefrom.

NOW THEREFORE, on motion of Councilor Armando C. Abitria unanimously secondedthis body –

RESOLVED, as it is hereby DONE to declare the municipal waters of Donsol, Sorsogonas fish sanctuary.

LET COPY of this resolution be forwarded to all government and private agenciesconcerned for their information and guidance.

UNANIMOUSLY APPROVED.


(SGD.) SALVE R. OCAYAPresiding Officer

ATTESTED:

(SGD.) FELIZARDO M. PERALTASB Secretary

APPROVED:

(SGD.) JEROME F. ALCANTARAMunicipal 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. Punta-Waling-Waling 1, 5888, 757 – Total

n = _ N____1+ N(e)2

Where: n = sample size

e = marginal error

1 = constant number

N = target number of population

n = _ 8,757____1+ 8,757(.09)2

n = _ _ 8,757____1+ 8,757 (.0081)

n = _ 8,757____1+ 70.9317

n = _ 8,757____71.9317

n = 121.7405

n = 122

118

APPENDIX G

BICOL UNIVERSITYMasters 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 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 the measures undertaken for the protection and conservation of the whale

sharks in the municipal waters of Donsol?

2. What are the recommendations that can be adopted to improve the implementation of

FAO 193 and Ordinance No. 1, S. 98?

3. Some other concerns to add.

119

APPENDIX H

Republic of the PhilippinesBICOL UNIVERSITY

Graduate SchoolLegazpi City

QUESTIONNAIRE

Part I. Respondent Profile

Name: _________________________________________ Sex: ___________________Address: _______________________________________ Age: ___________________Organization: ___________________________________ Occupation: _____________

Part II. Extent of the Implementation of the Fisheries Administrative Order No. 193and Municipal Ordinance No.1, S-98

A. Programs and projects for the protection and conservation of whale sharks

The items listed below are programs and projects for protection and conservationof whale sharks through implementation of FAO 193 and MO 1, S-98. Please rate thelevel of implementation of these various programs and projects in the Municipality ofDonsol. Kindly encircle the number that corresponds to your rating for each item. Therating scale means:

5 – Fully Implemented 2 – Partially Implemented4 – Implemented 1 – Not Implemented3 – Moderately Implemented

1. Initiation of “Butanding” Conservation Program 5 4 3 2 12. Establishment of Community-based Butanding Watching Project 5 4 3 2 13. Prohibition on whaling within the territorial waters of the

Municipality of Donsol 5 4 3 2 14. Implementation of the project “Protection of Whale Shark and the

Municipal Waters of Donsol 5 4 3 2 15. Establishment of the Marine Conservation Park in the municipal

waters of Donsol, Sorsogon 5 4 3 2 16. Regulation of Whale Shark Interaction Code of Conduct 5 4 3 2 17. Support the Whale Shark Photo-Identification and Enforcement

of photo-identification in Donsol 5 4 3 2 1

B. PenaltiesBelow are the penalties for violations of the provisions of FAO 193 and MO 1, S-

98. Please rate the level of implementation of these penalties in your place using thefollowing rating scale:

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5 – Fully Implemented 2 – Partially Implemented4 – Implemented 1 – Not Implemented3 – Moderately Implemented

1. Ban on taking or catching whale sharks in Philippine waters and or selling, purchasingand possessing, transporting and exporting of these endangered species dead or alivef. Fine of not less than five hundred (P500.00) pesos to not

more than five thousand (P5, 000.00) pesos 5 4 3 2 1g. Imprisonment from six (6) months to four (4) years 5 4 3 2 1h. Both such fine and imprisonment 5 4 3 2 1i. Cancellation of permits or license 5 4 3 2 1j. Imposition of fine, cancellation of permit or license 5 4 3 2 1

and confiscation of whale sharks

2. Prohibition 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 theterritorial waters of the Municipality of Donsola. Fine of two thousand five hundred (P2, 500.00) pesos 5 4 3 2 1b. Imprisonment of six (6) months 5 4 3 2 1c. Both such fine and imprisonment 5 4 3 2 1d. Confiscation of the fishing boat and all instruments used in whaling 5 4 3 2 1

Part III. Responses of the Stakeholders of the Local Community in theImplementation of Fisheries Administrative Order No. 193 and MunicipalOrdinance No.1, S-98

Below are statements which will determine the responses of the variousstakeholders of the local community in the implementation of FAO 193 and MO 1, S-98.Please give your honest opinion regarding each statement by encircling the number thatcorresponds to your choice. Each number in the scale means:

5 – Very High 2 – Low4 – High 1 – Very Low3 – Moderate

1. Local community’s awareness of the FAO 193 and MO 1, S-98 5 4 3 2 12. Compliance of the local community in the FAO 193 and MO 1, S-98 5 4 3 2 1

a. Supporting IEC’s, community consultation and implementation 5 4 3 2 1of the measures for whale sharks’s protection & conservation

b. Active participation in patrolling, monitoring and coastal law 5 4 3 2 1c. 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 1a. 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

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b. Duly imposition of penalty for violating the provisions of FAO 5 4 3 2 1193 and MO1, S-98

c. Biases on the implementation of the measures 5 4 3 2 1d. Ningas cogon 5 4 3 2 1

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

List down some recommendations that can be considered to improve theimplementation of the FAO 193 and MO 1, S-98:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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APPENDIX I

Republika ng PilipinasPAMANTASAN NG BIKOL

Paaralang GraduadoLungsod ng Legazpi

TALATANUNGAN

Pangalan: __________________________ Kasarian: ____________________Tirahan: ___________________________ Gulang: _____________________Tanggapan: ________________________ Hanapbuhay: ________________

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

A. Mga Programa at Proyekto para sa Pangangalaga at Pagpapanatili ng mgaButanding

Nakalahad sa ibaba ang mga detalye ng mga programa at proyekto para sapangangalaga at pagpapanatili ng mga butanding sa pamamagitan ng pagapapatupad ngFAO 193 at MO 1, S-98. Lagyan ng marka ang mga antas sa pagpapatupad ng iba’t ibangprograma at proyekto ng pamahalaang bayan ng Donsol, Sorsogon. Bilugan ang mgabilang na tumutukoy sa inyong kasagutan sa bawat aytem. Narito ang mga batayan sapagmamarka:

5 – Lubusang Ipinatupad 2 – Di-lubusang Ipinatupad4 – Ipinatupad 1 – Hindi Ipinatupad3 – Katamtamang Ipinatupad

1. Pagpapasimula ng Programang “Pangangalaga sa mga Butanding” 5 4 3 2 12. Pagtatatag ng Pamayanan sa Pagbibigay-Pansin sa mga Butanding 5 4 3 2 13. Pagbabawal sa paglapastangan ng mga butanding na saklaw ng 5 4 3 2 1

karagatan ng pamahalaang bayan ng Donsol4. Pagpapatupad sa proyektong “Pangangalaga sa mga Butanding at 5 4 3 2 1

sa mga karagatang sakop ng Donsol”5. Pagtatatag sa Pangangalaga ng Liwasang Pandagat ng 5 4 3 2 1

pamahalaang bayan ng Donsol, Sorsogon6. Alituntutnin sa “Whale Shark Interaction Code of Conduct” 5 4 3 2 17. Pagtangkilik sa “Whale Shark Photo-Identification” at pagpapatupad 5 4 3 2 1

ng “Photo-Identification” sa pamahalng bayan ng Donsol

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B. Kaparusahan

Nakasaad sa ibaba ang mga parusa sa paglabag ng mga probisyon ng FAO 193 atMO 1, S-98. Lagyan ng marka ang mga antas sa pagpapatupad ng kaparusahan sa inyonglugar gamit ang mga sumusunod na bilang sa pagmamarka

1. Pagbabawal sa paghuhuli, pagpapabili at pagkakalakal ng mga butanding na kabilangsa mga nilalang na nanganganib na maubosa. Pagmumulta ng hindi bababa sa limandaang piso (P500) at 5 4 3 2 1

hindi lalabis sa limang libong piso (P5000)b. Pagkakulong mula anim (6) na buwan hanggang apat (4) na taon 5 4 3 2 1c. Karampatang pagmumulta at pagkakulong 5 4 3 2 1d. Pagpapawalang-bisa sa mga pahintulot o lisensya 5 4 3 2 1e. Pagpapataw ng multa, pagwawalang-bisa sa mga pahintulot at 5 4 3 2 1

pagsamsam o pag-embargo ng mga butanding

2. Pagbabawal sa sinumang manghuli, kumatay, manakit at paglalagay sa panganib samga butanding sa alinmang bahagi ng karagatan na saklaw ng pamahalaang bayan ngDonsola. Pagmumulta ng dalawang libo at limandaang piso (P2,500) 5 4 3 2 1b. Pagkakakulong ng anim (6) na buwan 5 4 3 2 1c. Karampatang pagmulta at pagkakulong 5 4 3 2 1d. 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 saPagpapatupad ng Pangingisda ng Kautusang Pangasiwaan Blg. 193 at OrdinansangPangmunisipal Blg. 1, S-98

Nakasaad sa ibaba ang mga pahayag ng mga kasagutan ng iba’t ibangmamumuhunan sa pamayang local sa pagpapatupad ng FAO 193 at MO 1, S-98. Ibigayang inyong matapat na opinion kaugnay sa mga pahayag. Bilugan ang mga bilang natumutukoy sa inyong napili. Narito ang mga batayan sa pagmarka:

5 – Lubhang Mataass 2 – Mahina4 – Mataas 1 - Mahinang-mahina3 - Katamtaman

1. Pagkakaroon ng sapat na kaalaman at kamalayan sa FAO 193 at 5 4 3 2 1MO 1, S-98

2. Pagsunod ng pamayanang lokal sa FAO 193 at MO 1, S-98 5 4 3 2 13. Pananaw ng pamayanang lokal kaugnay sa kapasiyahan ng 5 4 3 2 1

pamahalaang lokal sa pagpapatupad ng FAO 193 at MO 1, S-98

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

Magbigay ng mga mugkahi na maaring makapabuti sa pagpapatupad ng FAO 193at MO 1, S-98: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

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APPENDIX J



C E R T I F I C A T I O N

TO WHOM IT MAY CONCERN:

This is to certify that this thesis entitled “THE IMPLEMENTATION OF THEFISHERIES ADMINISTRATIVE ORDER NO. 193 AND ORDINANCE NO. 1, S-98 BY THE MUNICIPALITY OF DONSOL,” prepared and submitted by ROMMELR. REGALA had been edited by the undersigned.

Issued upon request of the interested party for reference purposes and whatever itmay serve.

CORAZON M. DON, Ed. D.Editor

Protection and Conservation Act of Whale Shark in Donsol, Sorsogon

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Transcript of Protection and Conservation Act of Whale Shark in Donsol, Sorsogon