Establishing a shark and ray sanctuary was among those in the dream list for consideration and action by participants of the first Shark Summit in Cebu last year. Now, the novel idea has become a reality, thanks to the admirable political will and mindset of collaboration among stakeholders, especially the municipality of Daan Bantayan under the leadership of Mayor Augusto Corro, the Cebu province, the national agencies and the dynamic workforce from civil society and business sector.
The Executive Order signed by Mayor Corro, creating the shark and ray sanctuary in Monad Shoal and Gato Island off Malapascua Island in Daanbantayan, will go a long way in restoring their population which is alarmingly on a global decline due to overfishing, and because they are caught as by-catch. This landmark policy, the first in the country, reinforces the bragging rights that Cebu is way ahead in crafting regulations to protect endangered and threatened species of marine wildlife such as sharks and rays.
(Last year, the Cebu provincial government took the much-needed action step to protect the ocean’s apex predators. It enacted the trail-blazing Ordinance 2012-05 or the Provincial Fisheries and Aquatic Resources Ordinance of Cebu as an all-encompassing ban to “fish or take, possess, transport, deal in, sell or in any manner dispose any shark species” unless one has a special permit for science or education purposes. Thus, possessing, catching and trading of all shark and ray species within the waters under the Cebu LGUs’ jurisdiction will not be allowed. Admittedly, there are implementation issues and these should propel citizens as well to do their share in ensuring that the ordinance is honored by all.)
By such landmark declaration, the Monad Shoal and Gato Island are now covered by the generic term Marine Protected Area (MPA) as defined by RA 10654, which amended the Fisheries Code. MPA is defined by said law as an “area of the sea established and set aside by law, administrative regulation, or any other effective means in order to conserve and protect a part of or the entire enclosed environment through the establishment of management guidelines. It is considered a generic term that includes all declared areas governed by specific rules or guidelines in order to protect and manage activities within the enclosed area.”
Violation of the prohibition to catch and trade the sharks and rays are subject to sanctions. Section 101 of the Fisheries Code, as amended, is applicable and reads, as follows:
SEC. 101. Fishing in Marine Protected Areas, Fishery Reserves, Refuge and Sanctuaries. – It shall be unlawful to fish in marine protected areas, fishery reserves, refuge, or fish sanctuaries as declared by the Department or the LGUs.
Upon a summary finding of administrative liability, the offender shall be punished with confiscation of catch and gear, and administrative fine of twice the value of the catch or the amount indicated below, whichever is higher:
(1) Twenty thousand pesos (P20,000.00) for municipal fishing: Provided, that if the offender fails to pay the fine, community service shall be rendered;
(2) Two hundred thousand pesos (P200,000.00) for small-scale commercial fishing;
(3) Six hundred thousand pesos (P600,000.00) for medium-scale commercial fishing; and
(4) One million pesos (P1,000,000.00) for large-scale commercial fishing.
Upon conviction by a court of law, violation of this provision shall be punished by imprisonment of two (2) years to six (6) years and a fine twice the amount of the administrative fine, confiscation of catch and gear, and cancellation of license or permit.
Gary Cases, one of the principal proponents in the establishment of the sanctuary, shared that the dive shop operators and NGOs have an enviable partnership with the LGUs to build the capacity of Bantay Dagat enforcers to apprehend violators of our laws and ordinance.
The private sector even pooled funds to augment support to the community enforcers. But, more needs to be done, such as a bigger budget for enforcement and implementation of the management plan for the protected area.
We hope that soon Congress will pass national laws declaring more protected areas for sharks and rays. We should be reminded that “what the world should really fear is a world without sharks…As top predators, sharks help manage healthy ocean ecosystems. And as the number of large sharks declines, the oceans will suffer unpredictable and devastating consequences. Sharks help maintain the health of ocean ecosystems, including seagrass beds and coral reefs. Healthy oceans undoubtedly depend on sharks.”
(Griffin, E., Miller, K.L., Freitas, B. and Hirshfield, M. Predators as Prey: Why Healthy Oceans Need Sharks, July, 2008).
Congratulations to all who made this unprecedented development happen. Much as I want to mention the personalities involved, I might omit some names (senior moment!).
You know who you are. The world is most grateful for the persistence, hard work and the can-do spirit imbued in each of you to make this a legacy that benefits all.
You have proven that with awareness and action, taking on a sustainable path for our oceans, amid the wide array of challenges, is possible.
Mabuhay!
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