Wildlife Laws

PROTECTED AREAS AND WILDLIFE BUREAU (PAWB)

REPUBLIC ACT 9147 (JOINT-DENR-DA-PCSD)

ADMINISTRATIVE ORDER NO.01

DENR ADMINISTRATIVE ORDER NO. 55

TITLE OF RA 9147:

“WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT”

APPROVAL : JULY 30, 2001

PUBLICATION : AUGUST 3, 2001

EFFECTIVITY : AUGUST 18, 2001

JOINT-DENR-DA-PCSD

ADMINISTRATIVE ORDER NO. 01

APPROVAL: May 22, 2004

Publication: First: May 22, 2004

Second: December 21, 2004

Effectivity: January 5, 2005

DENR ADMINISTRATIVE ORDER NO. 55

Approval: august 31, 2004

Publication: September 23, 2004

Effectivity: October 8, 2004

OBJECTIVES

- conserve and protect wildlife species and their habitats

- regulate the collection and trade of wildlife

- pursue Philippine commitment to international conventions, protection of wildlife and

their habitats, and;

- initiate or support scientific studies on the conservation of biological diversity

WILDLIFE

- wild forms and varieties/strains of flora and fauna

- in all developmental stages such as pupae, seedlings including those in captivity/ are
being bred or propagated.

-flora and fauna which are not covered by any legally-accepted document stating that
same is a product of registered captive- breeding/propagation shall be presumed to be
in the wild form

SALIENT FEATURES

SCOPE OF APPLICATION

- Exotic or foreign species as defined in the Order, which are subject to

trade, are maintained, cultured and/or bred in captivity or propagated in the
country, those that have been illegally introduced

- Wildlife species found in the country, and unknown genera or unknown species or
strains of known species that will later on be discovered or identified as occurring in the
country

JOINT JURISDICTION AMONG DENR, DA, AND PCSD

DEPT. OF ENVIRONMENT AND NATURAL RESOURCES

- Terrestrial plants

- All terrestrial mammalian species

- Dugong

- All bird species including waterbirds

- Terrestrial snakes

- Freshwater turtles and tortoises

- Sea Turtles

- Crocodiles

- All lizards, including sailfin lizard

- all terrestrial invertebrates, including land snails

- wildlife conservation projects of national concern in Palawan (PWRCC & PCCP)

PALAWAN COUNCIL FOR SUSTAINABLE DEVELOPMENT

- WILDLIFE IN THE PROVINCE OF PALAWAN (R.A 7611)

COLLECTION, POSSESION AND UTILIZATION OF WILDLIFE RESOURCES

(section 7, 8, 9, 12, 14, 15, 17, and 18)

1. Scientific researches
- conservation breeding/propagation
- other wildlife researches
2. Commercial breeding/propagation of wildlife
a. Small scale farming (with capital of 1,500,000 and below)
b. Medium to large scale farming (with capital more than 1,500,000)
- Minimum requirements

= wildlife farm permit (WFP)

=wildlife collector’s permit (WCP)

=in case of indigenous threatened species, letter of commitment to

simultaneously undertake conservation breeding and propose measures on
rehabilitation and/or protection of habitat, where appropriate.

3. Direct trade of non-threatened wildlife species (species which have actual or

potential value in trade or utilization for commercial purposes)
- requirement
= wildlife special use permit
4. Bioprospecting
- research, collection, and utilization of bilogica and genetic resources for
purposes of applying the knowledge
- SOLELY FOR COMMERCIAL PURPOSES
5. Other uses of wildlife
a. Animal/plant shows/ exhibition using wildlife
 Requirements:
- Clearance from or registration with the Animal Welfare Division of the
Bureau of Animal Industry pursuant to RA 8485 Animal Welfare Act)
- issuance of WSUP
6. Collection by Indigenous people
- for traditional uses excluding threatened species
- not primarily for trade

Local transport of wildlife and its by-products or derivatives (Sec.10)

 not prejudicial to the wildlife & public health

 Local Transport Permit

Requirements (Section 7 of DAO 55)

- Duly accomplished application form

- Documents supporting the legal possession or acquisition of wildlife

- Phytosanitary certificate (for plants) or Veterinary Quarantine Certificate (for

animals) from the concerned DA Office

Inspection/verification of wildlife by the CENRO nearest the place of collection using

Inspection Report Form

Payment of P 100 for the application and processing of Local Transport Permit
(Section 9 of DAO 55)

EXPORTATION AND IMPORTATION OF WILDLIFE

- obtained from legal sources

- technical & financial capability of the recipient

Requirements for CITES/Non-CITES Export Permit

(Section 8.1 of DAO 55)
- Duly accomplished application form

- Inspection of wildlife by the DENR within 3 days

- Documents supporting the legal possession or acquisition of wildlife

- Bank export declaration, if for commercial purposes

- Local transport Permit, where applicable

- Phytosanitary/veterinary Health Certificate

- Payment of fee

Requirements for CITES/Non-CITES Import Permit (Section 8.2 of

DAO 55)

- Duly accomplished application form

- Export permit/certification of
origin from exporting country

- For live specimens,

veterinary/phytosanitary
certificate issued by the
authorized government agency of
the country of origin

- Payment of fee

Requirements for CITES/Non

CITES Re-export Permit (Section
8.3 of DAO 55)

- Duly accomplished application form

- Inspection of wildlife by the DENR within 3 days

- CITES/Non-CITES Import Permit issued by the DENR of other documents supporting

the legal possession or acquisition of wildlife

- Local transport Permit, where applicable

- Bank export declaration, if for commercial purposes

- Phytosanitary/veterinary Health Certificate

- Payment of fee

FEES AND CHARGES (Section 9 of DAO 55)

1. Export/Re-export Permit

- Commercial (CITES & Non-CITES)

a. Fauna and its by-products or derivatives – 3% of export value

st
b. Flora (propagated) – P300.00 1 50 pcs; 2.00/pc for each
additional piece

- Non-commercial (1-2 pairs of pet, plants not exceeding 12 pcs.)

CITES species - P250.00/permit

Non-CITES species -P150.00/permit

2. Import (CITES species/non-CITES species)

– P350.00/permit

3. Re-issuance fee for CITES/Non-CITES

permit

- CITES permit – P250/permit

- Non-CITES permit - P150/permit

Specifies the kinds of wildlife permits to be issued

- Wildlife Farm Permit 5 yrs.

- Wildlife Collector’s Permit 5 yrs.

- Gratuitous Permit 1 yr.

- Local Transport Permit 1-3 mos.

- Export/Re-export/Import 1-6 mos.

  Authorizes the establishment /designation of Wildlife Rescue Centers

 Establishes a Wildlife Management Fund for habitat rehabilitation or

restoration and wildlife scientific research, enforcement and monitoring
activities & enhancement of capabilities of relevant agencies

 Designates Management & Scientific Authorities for the implementation

of international agreement on the trade of endangered species
 Creates the Wildlife Traffic Monitoring Units

Management Authorities
PAWB - terrestrial species

BFAR - aquatic resources

PCSD - Province of Palawan

Scientific Authorities

Terrestrial Species

ERDB-DENR

UP Institute of Biological Sciences

National Museum of the Philippines

Other agencies as may be designated

Marine & Aquatic Species

UP Marine Science Institute

UP Visayas

Siliman University

National Museum of the Philippines

BFAR

Other agencies as may be designated

Authorizes the deputation of Wildlife Enforcement Officers (WEO)

- NGOs, citizens groups, community organizations & other volunteers with training
- designation of officers from PNP, AFP, NBI, & other law enforcement agencies
- existing deputized NGOs, POs or DENROs may be deputized as WEO

FUNCTIONS OF WEO

- Seize illegally collected, possessed and/or traded wildlife or parts, by-product and/or
derivatives thereof

- Arrest without warrant any person who has committed, is committing, or

is about to commit in his presence any of the offenses provided under the
Act and other relevant laws, rules and regulations

- Assist in the conduct of surveillance and monitoring of wildlife-related

activities

- Deliver the arrested offender within reasonable time to the nearest

police station and assist in filing the proper complaint with the
appropriate official designated by law to conduct preliminary investigation

- Deliver within reasonable time to the nearest CENRO, PENRO or DENR RO of

BFAR Regional/Provincial Offices or PCSDS District Management Office for
custody of all confiscated wildlife, their parts, by-products and/or derivatives, as
well as tools, equipment and conveyances used in the commission of the crime,
including corresponding reports

- Act as witness in the court for the speedy prosecution of criminal

complaints against wildlife violators

- Prosecute cases before Municipal Trial Courts in areas where there are
no prosecutors

- Coordinate with other law enforcement agencies for security, if necessary

INCENTIVES

- Reasonable daily living and transportation allowances

- Per diems

- Hazard Pay

- Health care and medical assistance

- Free legal assistance in case of harassment suits and in

prosecution of wildlife cases
- Honoraria

- Insurance coverage

- Financial assistance

Provides for the publication of the following list which shall be updated regularly:

- Threatened wildlife, classified into critically endangered,

endangered, vulnerable or other accepted categories

- Wildlife which resembles so closely in appearance with listed threatened

species, which shall likewise be categorized as threatened

- Economically important species

- Threatened species for commercial breebreeding

Provides for the registration of threatened and exotic

wildlife (Section 8 of DAO 2004-62)

Privileges of CWR Holders

- Engage in the captive breeding of registered wildlife and enter into a profit-sharing
scheme with the DENR, subject to pertinent provisions on commercial trade/use of
wildlife and on the following:

- Only the registered progenies or those included in the List of Economically

Important Species shall be used for commercial purposes

- A Wildlife Farm Permit must be secured from DENR Regional Office in

accordance with the provisions of this Order

- Facilities for captive breeding of species and sub-species listed under CITES
Appendix I must also be registered with CITES Secretariat if the species is
intended for export. Further, all progenies produced shall be marked/tagged,
where appropriate, following the procedures prescribed by the DENR

- Only captive-bred species that are listed under CITES Appendix I may be traded
locally. If intended for exportation, existing rules and regulations on commercial
trade of CITES species must be complied with.

- Exportation of progenies shall be subject to issuance of necessary export documents

by the DENR pursuant to existing laws, rules and regulations

- Utilize the registered wildlife as an income generating resource through recreation and
educational activities
- Engage in the exchange with and/or donation of owned progenies to other CWR
Holders

- Local trade or transfer/exchange of registered non- threatened faunal species shall be

allowed, provided that such sale/exchange is registered with the nearest DENR Office.
These non-threatened species include, among others, species of tree sparrows,
chestnut manikin, nutmeg manikin, red avadavat, white breasted manikin, quails,
crested myna, budgerigars, cockatiels, and finches (exotic).

-Avail of technical assistance from DENR, its Office and employees on

matters pertaining to management of wild fauna species in their possession.

- Transfer of registered threatened species maybe allowed only to an immediate

rd
member of the family within the 3 degree of affinity or consanguinity, provided that
same shall be registered with the DENR Office. In the absence of the aforementioned
relatives, threatened species shall only be transferable to DENR or any government
institutions duly accredited by DENR.

RESPONSIBILITIES OF CWR HOLDERS (section 5 of DAO 2004-62)

Submission of the ff.

1. Annual inventory report

2. Acquisition reports within 15 days from acquisition of new or
additional stocks. Provided that, new or additional stocks shall only
be acquired pursuant to the provisions of this Order;

3. Production report within 30 days from the birth/hatchling or

production of captive-bred individual;

4. Mortality report supported by necropsy report issued by a licensed

Veterinarian within 30 days from the death of the animals

- Conduct of other wildlife activities using the registered wildlife shall be

undertaken in accordance with the pertinent provision of this Order

LIMITATIONS (section 7 of DAO 2004-62)

- The CWR does not confer the holder the privilege to collect animals from the
wild or to purchase, exchange or to receive any wild faunal species including its
by-products from illegal sources.

- The CWR does not confer the holder the privilege to loan or make the animals as
collateral for any transaction or financial obligation.
- enumerates the illegal acts which include activities destructive to the wildlife resources
and their habitat

ILLEGAL ACTS

1. Killing and destroying wildlife species, except in the following instances:

- when it is done as part of the religious rituals of established tribal groups or

indigenous cultural communities

2. Killing and destroying wildlife species, except in the following instances:

- when the wildlife is afflicted by incurable communicable disease

- when it is deemed necessary to put an end to the misery suffered by the

wildlife

3. Killing and destroying wildlife species, except in the following instances:

- when the wildlife is killed or destroyed after it has been used In authorized
research experiment

- when it is done to prevent an imminent danger to the life or limb of a human

being

4. Killing and destroying wildlife species

- imprisonment ranging from 6 months and 1 day to 12 years

- fine ranging from 10,000 to 1 m.

5. Inflicting injury which cripples and/or impairs the reproductive system of wildlife
species

6. Effecting any of the following acts in critical habitats

- dumping of waste detrimental to wilfdlife

- mineral exploration and/or extraction

- squatting or otherwise occupying a certain portion of critical habitat

7. Effecting any of the following acts in critical habitats;

 - logging

- quarrying

- burning

8. Effecting destructive activities within critical habitats

- imprisonment ranging from 1 month to 8 years

- fine ranging from 5, 000 to 5m

9. Introduction, reintroduction or restocking of wildlife resources

10.Trading of wildlife

11. Collecting, hunting, possessing wildlife, their by-products and derivatives

Penalties:

- imprisonment of 10 days to 4 years

- fine of 1, 000 to 300, 000

12. Gathering or destroying of active nests, nest tress, host plants and the like

13. Maltreating and/or inflicting other injuries on wildlife

14. Transporting wildlife