Académique Documents
Professionnel Documents
Culture Documents
Group 3
Laira A. Manankil
HUMAN RIGHTS
1A/1E
Ocean Pollution..............................................................................................18
Habitat Loss...................................................................................................18
Climate Change.............................................................................................19
III. LAWS..........................................................................................................20
A. Philippines Laws...........................................................................................20
Executive Order 542: Creating The Task Force Pawikan And Appropriating
Funds Therefor...............................................................................................20
REPUBLIC ACT NO. 9147.............................................................................21
RA 8550..........................................................................................................22
A. International Law.........................................................................................23
International Laws on Protection of Sea Turtles............................................23
CITES.............................................................................................................23
CMS...............................................................................................................24
UDAW.............................................................................................................25
Universal Declaration of on Animal Welfare..................................................26
IV. ACTIVITIES AND ORGANIZATIONS.........................................................30
Pawikan Conservation Center...........................................................................30
Pawicare for Pawikan........................................................................................31
V. RECOMMENDATIONS..................................................................................33
BIBLIOGRAPHY...................................................................................................34
1
I. ECOSYSTEM
Biodiversity:
Kinds of Biodiversity
Importance of Biodiversity
Most medical discoveries to cure diseases and lengthen life spans were
made because of research into plant and animal biology and genetics.
Every time a species goes extinct or genetic diversity is lost, we will never
know whether research would have given us a new vaccine or drug.
Simply for the wonder of it all. There are few things as beautiful and
inspiring as the diversity of life that exists on Earth.[ CITATION Natnd \l
13321 ]
Issues | Threats
Climate change
All of these threats have put a serious strain on the diversity of species on Earth.
According to the International Union for Conservation of Nature (IUCN), globally
about one third of all known species are threatened with extinction. That includes
29% of all amphibians, 21% of all mammals and 12% of all birds. If we do not
stop the threats to biodiversity, we could be facing another mass extinction with
dire consequences to the environment and human health and livelihood.
[ CITATION Natnd \l 13321 ]
4
The Society was founded in 1979 under its original name, UESP
(Underwater Ecological Society of the Philippines), it was duly registered with the
Philippine Securities and Exchange Commission (SEC). The name was
amended and changed to the Ecological Society of the Philippines (ESP) in
October 1983. It is a non-stock, non-profit, non-governmental organization.
B+Wiser Program
Goal
Program Objectives
II. TURTLES
Turtles are reptiles, a class of vertebrate animals that has survived for
more than 200 million years, through stable periods and times of extreme
environmental change. Reptiles evolved from amphibians, an even earlier class
of vertebrates that lives on both land and in fresh water. Over time, the reptiles
came to dominate the Earth; on land, in fresh water and the seas, and in the air.
But it was early in the history of reptiles that turtles, members of the order
Chelonia split from the main line of reptilian evolution.
look very much different from some modern ones, closer examination would have
revealed some characteristics absent from turtles living today. For example,
some of the earliest known turtles had teeth rather than sharp edged jaws. Much
later, towards the end of the Cretaceous period over 65 million years ago, turtles
as large as the 3 meter (9 feet 10 inches) Archelonischyros lived in the shallow
sea that covered much of what is now the western United States.
Turtles are reptiles, a class of about 6,000 vertebrate species that have
scaly skin, breathe air and use sunlight to heat their bodies (ectotherms). Like all
reptiles, turtles reproduce through internal fertilization and, like most reptiles, lay
their soft-shelled eggs on land.
One unique feature of the turtle is its shell. This protective skeletal
structure is an armored enclosure for the soft vital internal organs. The upper
part of the shell, called the carapace, is covered with large scale-like structures
known as scutes. The carapace is connected to the underside, called the
plastron, by hard-shelled plates known as lateral bridges.
The large body cavity also enables the female turtles to produce and hold
a large volume of eggs. Female sea turtles are also capable of storing live sperm
for several years, although fertility decreases over time. This enables the female
to fertilize numerous clutches of eggs without having to mate.
as a gill. Some turtles take water into their anal opening where two sacs are filled
and emptied with water, causing a slow current which enables oxygen to be
collected. One fresh water turtle in Australia has cloacal gills for respiration.
Turtles are also capable of containing larger concentrations of carbon dioxide in
their blood than most other air-breathing animals, therefore, they are able to use
their oxygen supply very efficiently over a long period of time. Both blood and
muscle tissue can store oxygen in large quantities, helping the turtle to remain
underwater for long periods of time.
Another aspect of the turtle respiration is the need for exterior flexibility.
The hinged plastron allows for some contraction and expansion of the chest
cavity. In the case of sea turtles, breathing becomes more difficult when the
females come ashore.
They drag their bodies from the sea onto the beach to lay their eggs in the
sand. The hundreds of pounds of body weight against the sand makes breathing
more difficult than in the water.
Turtles Tortoise
-reptiles from the order of - reptiles from the order of
Testudines Testudines
-A Turtle is a reptile from the -A Tortoise is a reptile from the
Chelonian family and dwells well in Chelonian family and dwells well on
the water. land.
8
out of one thousand sea turtles survive after hatching. Baby sea turtles circle
their nest once after hatching before heading toward the ocean.
Once a male sea turtle hatches and enters the ocean, it will probably not
step on land again. A female turtle laying eggs will dig several empty nests to
throw off predators trying to eat the eggs.
Most turtle species have five toes on each limb with a few exceptions
including the American Box Turtle of the Carolina species that only has four
toes, and in some cases, only three. Turtles have good eyesight and an
excellent sense of smell. Hearing and their sense of touch are both good.
1. Sea Turtles
2. Freshwater Turtles
B. Importance of Turtles
Turtles are important as
scavengers, herbivores,
carnivores and often contribute
significant biomass to the
ecosystems. They play an important role in ocean ecosystems by maintaining
healthy seagrass beds and coral reefs, providing key habitat for other marine life,
helping to balance marine food webs and facilitating nutrient cycling from water
to land.
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When green sea turtles graze, they increase the productivity and nutrient
content of seagrass blades. Without constant grazing, seagrass beds become
overgrown and obstruct currents, shade the bottom, begin to decompose and
provide suitable habitat for the growth of slime molds. Older portions of seagrass
beds tend to be overgrown with microorganisms, algae, invertebrates and fungi.
Sea turtles forage on seagrass just a few centimeters from the bottom of
the blades, allowing older, upper portions of the blades to float away. As the
turtles crop and re-crop the same plot, seagrass blades are removed from the
area rather than accumulating on the bottom. This results in a 15-fold decrease
in the supply of nitrogen to seagrass roots, which impacts plant species, nutrient
cycling, animal densities and predator-prey relations.
If turtles were to ever go extinct, seagrasses would eventually die off and
this would in turn affect the marine life and eventually human life as well.
jellyfish numbers may increase locally and eat more larval fish, leaving fewer fish
to grow into adults. A wide variety of marine ecosystems dependent on these
fish, and indeed commercial fisheries, may end up suffering from this cascading
effect.
Loggerheads also find prey by clearing away sand to expose their next
meal. As they glide along the sea floor in search of food, loggerheads create
trails in the sediment. This foraging behavior is important for both loggerheads
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and the habitat. The loggerheads trails affect the compaction, aeration and
nutrient distribution of the sediment, as well as the species diversity and
dynamics of the benthic ecosystem. When foraging, loggerheads naturally alter
the ocean bottom and benefit the underwater community.
Beaches have a very fragile ecosystem in that they don’t get many
sources of nutrients hence there is very little vegetation. Sea turtles help support
this ecosystem when they nest. Reason being, of the tens of thousands of eggs
that are deposited by the turtles, not all will hatch. Those that do not hatch will
decay and nourish the beaches. With declining turtle population, fewer eggs are
deposited and this would result in lesser vegetation and this would cause beach
erosion.
The eggs and hatchlings provide food for many predators, and the empty
shells and eggs that don't hatch provide nutrients that can be recycled by
invertebrates and micro-organisms. In turn, these nutrients are used by plants,
which help stabilise dune structure. In this way, turtles transport nutrients from
productive far-away feeding grounds to nutrient-poor coastal ecosystems, and
play a vital part in their stability.
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All sea turtle species are also prey, providing food for other animals, both
on shore and at sea. Like many marine organisms, sea turtles are most
vulnerable to predation as eggs, hatchlings and juveniles. Terrestrial animals
such as ants, crabs, rats, raccoons, foxes, coyotes, feral cats, dogs, mongoose
and vultures are known to dig up unhatched nests. As hatchlings emerge from
the nest, they provide another feeding opportunity for natural predators, which
includes a variety of seabirds. While most seabirds are daytime predators,
species such as the night heron actually listen for hatchlings emerging from
nests. If the hatchlings make it to the water, they face continued predation from
seabirds with an aerial view of the tiny turtles as they float near the surface. Reef
fish, such as grouper and jacks, are also common predators of both hatchlings
and juvenile sea turtles. Clearly, hatchlings provide a significant source of protein
for near shore predatory fish.
Many marine organisms rely on sea turtles as a place to call home. These
small creatures called “epibionts” attach themselves to solid surfaces in the
15
In the open ocean, miles from shore, sea turtles offer an oasis to fish and
seabirds. Similar to floating debris, sea turtles can be used as a place to rest, a
foraging ground and even a safe haven from potential predators. Of all the sea
turtle species, olive ridleys are most frequently associated with seabirds,
particularly in the Eastern Tropical Pacific. As they surface to bask in the sun,
olive ridleys expose the center of their shell and create a platform for seabirds to
perch. Some seabirds take advantage of this opportunity to roost if their feathers
are not extremely water-resistant. By perching on sea turtles, seabirds that would
otherwise be vulnerable to attack, find refuge from sharks. Small baitfish also use
sea turtles for protection, by forming tight schools beneath the turtle’s body.
These schools of fish then provide a food source for resting seabirds. Some
seabirds occasionally feed on epibionts inhabiting the sea turtle’s shell. By
offering a location to roost, feast and hide, sea turtles represent an important
resource for birds and fish at sea.
Conclusion
Sea turtles clearly play important roles in marine ecosystems. Each sea
turtle species uniquely affects the diversity, habitat and functionality of its
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C. Threats to Turtles
Specie Status
Leatherback Vulnerable
Green Endangered
Loggerhead Endangered
Hawksbill Critically Endangered
Olive Ridley Vulnerable
Kemp's Ridley Critically Endangered
Flatback Data Deficient
The threats that turtles face include bycatch, illegal trade and direct
consumption, marine debris, ocean pollution, habitat loss, and climate change.
Bycatch
Trawls, longlines, driftnets, gillnets, pots, and traps are all responsible for
the death of marine creatures by incidental capture or entanglement. Longlines,
containing thousands of baited hooks on lines that can be tens of miles long,
hook and entangle many animals and fish that aren't intended to be caught. Sea
turtles, particularly greens, loggerheads, olive ridley’s, and leatherbacks, and
seabirds like albatross, are attracted to the bait and get caught on the hooks or
become entangled in the lines and drown. Trawls are also particularly destructive
17
and are estimated to catch 20 pounds of bycatch for every pound of target
species. Turtle Excluder Devices have reduced sea turtle mortality in trawl
fisheries but are not regulated worldwide.
Illegal trafficking is also present here in the Philippines. On May 27, 2015,
a bid to smuggle fourteen pawikan (sea turtles) worth some P450,000 was foiled
when the Philippine Coast Guard and Philippine Navy intercepted the shipment
in Palawan. Initial information showed the pawikan were "stuffed with formalin for
18
preservation," and placed in rice sacks and abandoned along the shoreline of
Green Island. The turtles were turned over to Palawan Council for Sustainable
Development for proper disposition.
Marine Debris
Ocean Pollution
Sea turtles are vulnerable to ocean pollution at all stages of life, from eggs
to hatchlings to juveniles to adults. Pollutants include things like toxic metals,
petroleum products, and agricultural and industrial runoff of contaminants such
as fertilizers, chemicals, nutrients, and untreated waste. Pollutants may cause
immediate harm to sea turtles through direct contact or can build up in tissues
over time and lead to immunosuppression resulting in disease and death.
Degradation of sea turtle habitat from pollution also poses a threat and
can occur over large areas. Sea turtle habitat overlaps with areas most likely to
be affected by offshore oil exploration and production. Petroleum pollution occurs
from intentional discharge from vessels, vessel groundings, offshore oil
exploration and production, transport of oil products, spills, and runoff of oil from
land based sources.
Oil from spills far offshore concentrate along convergence zones (where
currents meet) which is are important areas for young turtle development. Oil
from spills offshore also washes up on beaches where it degrades nesting
19
habitat, and can impact nests, nesting females, and hatchlings making their way
to the water.
Sea turtles are also affected by ingesting food contaminated by oil or tar
balls. Tar balls form when crude oil floating in the water degrades. A large
percentage of dead hatchlings whose stomach contents have been examined
have ingested tar balls.
Habitat Loss
In the Philippines, it was reported on March 20, 2016 that a dead pawikan
or sea turtle was found dead at the shorelines of Tayasan, Negros Oriental, by a
bantaydagat who is assigned to monitor the seashore of the municipality. At the
shoreline, it was found out that the dead female turtle has wounds in her left front
flippers, possibly hit by a pumpboat. It measured 33.5 inches long, and 21 inches
in width weighing 15 kilograms more or less. After gathering all the data, the
dead turtle was buried near the shoreline in Poblacion Tayasan.
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Climate Change
Sea level rise from the melting of polar ice is already contributing to the
loss of beach and sea turtle nesting habitat. Weather extremes, also linked to
climate change, mean more frequent and severe storms which alter nesting
beaches, cause beach erosion, and inundate, or flood sea turtle nests.
Sea turtles use ocean currents to travel and find prey. Warming ocean
temperatures influence migratory species by altering currents and impacting the
distribution and abundance of prey species. This can result in southerly species
being found in more northerly regions, well outside of their normal range. Warmer
water temperatures also affect coral reefs through coral bleaching which are vital
to the survival of species like the hawksbill.
III. LAWS
A. Philippines Laws
Executive Order 542: Creating The Task Force Pawikan And Appropriating
Funds Therefor
Enforced on June 26, 1979 by late Ferdinand E. Marcos, Executive Order
542 was created in order to ensure the survival and development of certain
marine species (i.e. marine turtles) that were in a verge of total depletion.
Collective efforts of various concerned agencies were not able to overcome the
overexploitation. In order to reach the balance between sustaining marine turtles
and maintaining the livelihood of Filipinos (i.e. Muslims and seafaring tribes),
Task Force Pawikan was created.
The Task Force Pawikan and its council had been funded for P2,000,000
in order to achieve and sustain its objectives. Its council was composed of the
following representatives: Ministry of Natural Resources, National Economic and
Development Authority, Office of the Regional Coordinator, Southwestern
Mindanao Region, Ministry of Local Government, Ministry of Trade, Ministry of
Cultural Minorities, Ministry of Education, Culture and Sports, Ministry of
Agriculture, Ministry of Public Information, National Media Production Center,
University of the Philippines, Philippine Council for Agriculture Resources
Research & Development, Ministry of Human Settlements, and Forest Research
Institute. Moreover, in this law, six years from its approval date the Council would
turn over the project (including its activities and resources) to the government
agency they had deemed appropriate.
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(a) To conserve and protect wildlife species and their habitats to promote
ecological balance and enhance biological diversity;
(c) To pursue, with due regard to the national interest, the Philippine
commitment to international conventions, protection of wildlife and their
habitats; and
This Act shall also apply to exotic species which are subject to trade, are
cultured, maintained and/or bred in captivity or propagated in the country.
There is no specific law that covers the protection of all marine wildlife. RA
9147 or the Wildlife Resources Conservation and Protection Act cover the
protection of all the wildlife resources of our country, especially the threatened
and exotic species. RA 8550 or the Philippine Fisheries Code mandates the
protection of threatened and rare species
jurisdiction over all declared aquatic critical habitats, all aquatic resources
including but not limited to all fishes, aquatic plants, invertebrates and all marine
mammals, except dugong. The secretaries of the DENR and the DA shall review,
and by joint administrative order, revise and regularly update the list of species
under their respective jurisdiction.
RA 8550
Protection of Rare, Threatened and Endangered Species.
The Department shall declare closed seasons and take conservation and
rehabilitation measures for rare, threatened and endangered species, as it may
determine, and shall ban the fishing and/or taking of rare, threatened and/or
endangered species, including their eggs/offspring as identified by existing laws
in concurrence with concerned government agencies.
B. International Law
International Laws on Protection of Sea Turtles
There are international laws and agreements that protect endangered wildlife,
including sea turtles. Primarily, the foremost treaty that ensures protection of
endangered species is the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES).
CITES
Because the trade in wild animals and plants crosses borders between
countries, the effort to regulate it requires international cooperation to safeguard
certain species from over-exploitation. CITES was conceived in the spirit of such
cooperation. Today, it accords varying degrees of protection to more than 35,000
species of animals and plants, whether they are traded as live specimens, fur
coats or dried herbs.
For many years CITES has been among the conservation agreements with
the largest membership, with now 181 Parties.
CMS
UDAW
It has been argued that a UDAW is consistent with, and could help secure the
achievement of, the UN Millennium Development Goals. and the subsequent
sustainable development goals . The declaration as of October 2014 has the
support, in principle, of 46 countries and of ministries from 17 further countries.
27
More than 2.5 million people from a wide variety of UN Member States have
supported the public campaign.
PREAMBLE
[1] AFFIRMING that animals are sentient beings and that their welfare is an issue
worthy of consideration and respect by Member States;
[2] CONSCIOUS that humans share this planet with other species and other
forms of life and that all forms of life co-exist within an interdependent
ecosystem;
[3] EMPHASIZING that animal welfare should be guided by the best available
science & ethical values;
[4] RECALLING that the “five freedoms (freedom from hunger, thirst and
malnutrition; freedom from fear and distress; freedom from physical and thermal
discomfort; freedom from pain, injury and disease; and freedom to express
normal patterns of behaviour)” provide valuable general guidance for animal
welfare;
[5] CONVINCED that good practices in animal welfare can have major benefits
for humans and the environment, and that inclusion of animal welfare in policy
discussions can strengthen efforts by governments and the United Nations on a
range of issues including human and animal health, food security, poverty &
hunger reduction, disaster risk reduction & relief, environmental sustainability and
social development;
[6] WELCOMING the FAO’s integration of animal welfare into its poverty
alleviation, disaster relief and livestock development programmes, as outlined in
the FAO Expert Meeting Report “Capacity building to implement good animal
welfare practices” (2008);
28
[7] RECOGNIZING that many Member States already have a system of legal
protection for animals, both domestic and wild, and that it is important to ensure
the continued effectiveness of these systems and the development of better and
more comprehensive animal welfare provisions;
[8] CONSIDERING that the promotion of animal welfare requires collective action
and that all stakeholders and affected parties must be involved;
1 The clauses in the Preamble section are numbered for ease of reference for
discussion purposes only.
Article I:
Article II:
For the purposes of this Declaration, animal welfare includes animal health
and encompasses both the physical and psychological state of the animal. The
welfare of an animal can be described as good or high if the individual is fit,
healthy, free from suffering and in a positive state of wellbeing.
Article III:
Article IV:
Article V:
Article VI:
Article VII:
Member States are called upon to adopt all necessary measures to give
effect to these agreed principles.
31
The Pawikan
Conservation Center
is a protected area in
Nagbalayong,
Morong, Bataan
where pawikans
(marine turtles) are
able to lay their eggs
away from threats of
poaching, egg
gathering, slaughter, illegal fishing, and pollution.
- Adopt a Turtle
The Center also offers visitors a chance to interact with the pawikans
personally, albeit for a short period of time, with its “Adopt-a-turtle” program. For
a fee of P200, a visitor can hold and release a newly hatched turtle into the sea.
The baby pawikans are released either early in the morning or late in the
afternoon in order to spare them from stress due to the sun's heat. A t-shirt is
also given as proof of participation in the program.
The Pawicare program aims to help conserve and protect the marine species
and thereby help maintain the ecological balance in the fishing grounds.
34
V. RECOMMENDATIONS
As law students, what are some of the ways we can contribute to the
protection of not only the Turtles, but the whole environment per se?
BIBLIOGRAPHY
Biological, Cultural and Economic Significance. (n.d.). Retrieved April 03, 2016,
from
http://wwf.panda.org/what_we_do/endangered_species/marine_turtles/asi
an_marine_turtles/background/
Dead pawikan smuggled into Palawan intercepted by authorities. (2015, May 28).
Retrieved April 02, 2016, from
http://www.gmanetwork.com/news/story/494398/scitech/science/dead-
pawikan-smuggled-into-palawan-intercepted-by-authorities
Fun Turtle Facts for Kids - Interesting Information about Turtles. (n.d.). Retrieved
April 02, 2016, from
http://www.sciencekids.co.nz/sciencefacts/animals/turtle.html
Global Warming & Sea Turtles.(n.d.). Retrieved April 02, 2016, from
http://www.seeturtles.org/global-warming
36
Reptiles | Turtle & Tortoise. (n.d.). Retrieved April 03, 2016, from
http://animals.sandiegozoo.org/animals/turtle-tortoise
Thousands join Pawikan Festival 2015. (n.d.). Retrieved April 04, 2016, from
http://www.morong.gov.ph/
37
Universal Declaration on Animal Welfare. (n.d.). Retrieved April 04, 2016, from
https://en.wikipedia.org/wiki/Universal_Declaration_on_Animal_Welfare
Wilson, E. G., Miller, K. L., Allison, D., & Magliocca, M. (n.d.). Why Healthy
Oceans Need Sea Turtles: The Importance of Sea Turtles to Marine
Ecosystems.