TAGBILARAN CITY – Bohol Vice-Gov. Nick Besas of the provincial board banged the gavel for the approval in final reading on Friday of Provincial Ordinance that delves into the complex landscape of the marine wildlife in Bohol seas said to be the regular highway of marine mammals.
Provincial Board member Lucille Y. Lagunay, the main proponent/sponsor presented the proposed Provincial Ordinance No. 44-2025, during its special session on Friday (Feb. 27, 2026) after tackling it during the second reading in a separate regular session two days before.
The approved measure, Amending Provincial Ordinance No. 2020-008, “Prescribing Rules and Regulations Governing the Conduct of Sustainable Marine Wildlife Tourism Interaction in Bohol,” is still strict in its provision of prohibiting the provisioning, or feeding the whale shark with “krill” and the like.
The legislative measure captures a pivotal moment in Bohol history as this attempts to quell unscrupulous whale shark watching operators by distorting the behavioral natural lifestyle of the marine mammals.
It is expected that following the approval of said measure, the reopening of the whale shark watching business for tourism-related purposes will be decided.
Gov. Aris Aumentado minced no words of temporarily shutting off the operations of whale sharks notably in the towns of Lila, Dauis and Alburquerque, where the whale-shark interaction and operations are allegedly taking place within the declared marine protected area (MPA) in barangay Sta. Fe. The governor found after consultation that the operators of whale shark watching are allegedly feeding and disturbing the marine mammals in their natural marine habitat.
For over a year (2024), the operations were closed. The governor wanted a clear-cut policy on whale shark watching. This prompted the SP to immediately make substantial amendments of the existing marine wildlife ordnance after several public hearings with enthusiasts and concerned environmentalist.
The ban caused harsh reaction and criticisms of those affected for cutting off their alleged livelihood. But the provincial government came in rescue by providing them assistance.
The tourism industry players/stakeholders here naturally expressed dismay of the governor’s action. Many did not like the shutdown but some understood it for sustainability’s sake. The temporary whale-watching closure has caused the decline of tourist arrivals, especially the South Koreans.
But Bohol bounces back as it is posting the pre-CoVID level of 1.4 million tourist arrivals based on Department of Tourism data.
Some salient objectives of the Ordinance are to ensure that all marine wildlife tourism interaction activities do not adversely affect the natural behavior, health, or population of marine wildlife, and minimize—if not eliminate—disturbance to associated habitats, in pursuit of ecologically sustainable tourism and to ensure the safety and welfare of tourists, operators, guides, and coastal communities through the strict observance of standards, protocols, seasonality rules, and carrying capacity limitations.
It also provides for the declaration of policy, definition of terms, regulations, creation of task force and advisory bodies and their respective functions, sanctions, requirements, carrying capacity in operating whale shark watching, securing the Environmental Clearance Certificate (ECC), governor’s office’s certificate of compliance, mayor’s permit, prohibited acts, among others.
Section 13 provides for “the province and the host municipality shall collect regulatory fees in relation to marine wildlife interaction activities which shall form part of the Sustainable Tourism Development Fund.”
The said Ordinance is seeking for the provincial government to allocate Php2 million annually for the effective implementation of this Ordinance.
Among the sanctions: Operating a marine wildlife tourism interaction activity without a Mayor’s Permit or without the Certificate of Compliance or operating outside the prescribed season, shall incur a fine of Five Thousand Pesos (₱5,000.00) for every day of operation,
Any act that causes disturbance, harassment, harm, or injury to marine wildlife shall be penalized with a fine of Five Thousand Pesos (₱5,000.00) and/or imprisonment of six (6) months, at the discretion of the court.
The violator shall also pay fines and penalties pursuant to Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act), Republic Act No. 11038 (ENIPAS Act). “Other pertinent national laws and regulations shall likewise apply, without prejudice to the filing of appropriate civil or criminal actions.”
Lagunay authored and sponsored the Ordinance and BMs Atty. Jiselle Rae Aumentado-Villamor, Atty. Tomas D. Abapo, Jr., Nathaniel O. Binlod, Romulo G. Cepedoza, Fernando B. Estavilla, and Vice Governor, Pacifico Nicanor S. Besas Jr., as co-sponsor of the measure. (Ric Obedencio)
