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Philippine Wildlife Act and Procedures for Conducting Research

Philippine Wildlife Act and Procedures for Conducting Research

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Wildlife Resources Conservation and

Protection Act (RA 9147) and
Procedures for conducting research
on Terrestrial Biodiversity
Anson Tagtag
Protected Areas and Wildlife Bureau -DENR
University of the Philippines - Diliman
18 July 2013
(Wildlife Resources
Conservation
and Protection Act of 2001)
RA 9147 “Wildlife Resources Conservation and
Protection Act”
Approved : July 30, 2001
Published : August 3, 2001
Effectivity : August 18, 2001
JOINT-DENR-DA-PCSD
ADMINISTRATIVE ORDER
NO. 2004-01 - Joint
Implementing Rules and
Regulations of RA 9147
Approved : May 18, 2004
Published : 1
st
- May 22, 2004
2
nd
– Dec. 21, 2004
Effectivity : January 5, 2005
DENR ADMINISTRATIVE ORDER
NO. 2004-55 - Procedural
guidelines for implementing the
Wildlife Act within the DENR
Approved : October 12, 2004

Wildlife
- both plants and animals
- in wild form
- in any developmental stages
- including those in captivity/
confined environments or are
being bred/propagated;
including their progenies
- by- products and derivatives
michigan-made.com
1. Scope of Application
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
SALIENT FEATURES
Exotic or foreign species, which
are subject to trade, are
maintained, cultured and/or bred
in captivity or propagated in the
country, including those that
have been illegally introduced
2. Jurisdiction among DENR, DA & PCSD
Terrestrial plants
All terrestrial mammals, reptiles,
amphibians, birds (including
waterbirds)
Dugong
Freshwater turtles and tortoises
Sea Turtles
Crocodiles
All terrestrial invertebrates, including
land snails
Wildlife conservation projects of
national concern in Palawan
(PWRCC & PCCP)
Dept. of Environment and Natural Resources (DENR)
Department of Agriculture
(DA)

Aquatic vertebrates (excluding
turtles, dugong and crocodiles)
Sea snakes
Freshwater snakes
aquatic invertebrates (marine
and freshwater)
Jurisdiction among
DENR, DA & PCSD, cont…
 Wildlife in the Province of Palawan (R.A.7611)
Palawan Council for Sustainable
Development (PCSD)
Jurisdiction among DENR,
DA & PCSD, cont…
3. Regulations Provided
by the Wildlife Act






Collection of Wildlife

 Allowed for scientific researches, breeding/propagation,
bioprospecting, commercial purposes or other activities as
may be authorized by the Secretary or Council, subject to
compliance with the requirements and conditions

 quantity of individuals per species to be collected shall be
based on national quota not detrimental to the survival of the
species and its habitat

 use of appropriate and acceptable wildlife collection
techniques (with least or no detrimental effects)







 collection of wildlife, except
threatened species, by
Indigenous Peoples is allowed for
traditional use and not primarily for trade



 Allowed only for scientific or
breeding, or propagation
purposes
 only accredited individuals, business,
research, educational or scientific
entities are allowed to collect

Collection of Threatened
Wildlife, By- Products and
Derivatives
NO person or entity shall be
allowed of possession of wildlife
unless:
 proof of financial & technical
capability
 facility to maintain the wildlife
 obtained from legal sources

Possession of Wildlife

Collection and/or Possession of
Wildlife By- Products And
Derivatives
 may be collected and/or possessed

 obtained from legal sources



Conservation breeding/
propagation of threatened
species




 to enhance wildlife population in natural habitat
 shall be done simultaneously w/ rehabilitation and/or
protection of the habitat where the bred/propagated species
shall be released/reintroduced/restocked

Minimum Requirements
 proven effective breeding & captive
management techniques of the species
 implement programs/measures for the
rehabilitation and/or protection of the
 simultaneous conservation breeding of
the species
 Wildlife Farm Permit
 Wildlife Collector’s Permit

Commercial breeding/
propagation of threatened
species

Introduction, re-introduction, and
restocking of endemic and indigenous
wildlife

“Re-introduction” means an attempt of
re-establishing the population of a species/
subspecies of wildlife in a location where it
has historically occurred but is now extinct.
“Introduction” means bringing species
into the wild that is outside its natural
habitat.
“Restocking” means the process of replenishing an
existing population of wildlife with additional species/
subspecies within its range.
Requirements :
 only for population enhancement or recovery
 prior clearance from the Secretary/Council
 conduct of scientific study (bio-ecology)
 management plan
 public consultation with concerned sectors
by proponent

Introduction, re-introduction, and
restocking of endemic and indigenous
wildlife, CONT…
Requirements :
 prior clearance from the Secretary/Council
 not in Protected Areas and critical habitats
 environmental impact study
 management plan
 prior informed consent
 Affidavit of Undertaking



Introduction of Exotic wildlife


Prescribes the Establishment of Critical
habitats where threatened species are
found
 areas outside PAs where threatened species are found
 based on best scientific data available (species endemicity,
richness, presence of man-made pressures/threats)
 to be protected in coordination with LGUs and concerned groups
 area may be acquired by the government for the purpose


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
(http://www.pawb.gov.ph)

 Economically important species

 Threatened species for commercial breeding


Provides for the
adoption of flagship
species by LGUs to
serve as emblem of
conservation
Enumerates the illegal
acts which include
activities destructive
to the wildlife
resources & their
habitats
 Unauthorized :
-killing and destroying wildlife , inflicting injury
- destruction/disturbance of acts
in critical habitat(s)
-Introduction, reintroduction or restocking of wildlife
resources
- Trading and Transporting of wildlife
- Collecting, hunting or possessing wildlife, their by-products and
derivatives
 Gathering or destroying of active nests, nest trees, host plants



Provides penalties
for illegal acts
Ex. Killing of wildlife:

Critically Endangered Species
Imprisonment of 6 years and 1 day to 12 yrs and/or P100T to
P1M fine

Endangered Species
Imprisonment of 4 years and 1 day to 6 yrs and/or P50T to
P500T fine

Vulnerable Species
Imprisonment of 2 years and 1 day to 4 yrs and/or P30T to P300T fine

Other Threatened Species
Imprisonment of 1 year and 1 day to 2 yrs and/or P20T to P200T fine

Remains of Philippine eagle “Kagsabua”
Provides distinction between
Bioprospecting and
basic wildlife
Scientific Researches

Scientific or Non-
commercial Researches on
Wildlife under the
jurisdiction of DENR
Requirements and
Procedures
A. For foreign
entity/institution/individual or a
Filipino citizen affiliated with foreign
institutions
1. Execution of a MOA with the PAWB
Director or concerned DENR Regional
Office
• Research/project Proposal
• Institution’s profile
• Endorsement from head of the Institution;
or in the case of an individual researcher,
from a recognized expert or a research
institution or a conservation organization
• Letter of acceptance from local
collaborator

2. Procurement of Gratuitous Permit (GP)
from PAWB or DENR Regional Office
• Prior clearance issued by PAMB (if w/in protected
area), LGU, Private land owner or FPIC from IP/ICC (if
ancestral domain)

• Processing fee of 100.00
If the research covers several Regions or the whole
country = PAWB shall execute MOA and/or issue GP

If the research covers only one Region = the concerned
RED shall issue MOA and/or GP
B. For thesis of students affiliated with
local academic institutions and other
government initiated or implemented
research or scientific projects



• Research/project Proposal
• Endorsement letter from the Dean (for students) or Head of office
• Prior clearance issued by PAMB, LGU, private land owner or FPIC
from IP/ICC whichever is applicable
• Payment an amount of P100.00 for application and processing fee
(Section 9 of DAO 55)


1. Issuance of Gratuitous Permit
by PAWB or the DENR Regional Office
Scientific Researches …


C. Conservation Breeding or
Propagation Activities, and other
Wildlife Conservation/Research
Projects initiated by local non-
Government/Academic Institutions

Requirements
1.Submission of an Affidavit of Undertaking to
the concerned RED
2.Issuance of GP, if necessary
3.For conservation breeding projects – Habitat
rehabilitation, protection and management
plan for reintroduction and restocking of
captive-bred/propagated individuals

Elements of MOA and GP
Co-ownership and access of data
Deposition of specimens
Ownership of Philippine government
to specimens
Training of local collaborator and
DENR personnel
Reporting
Use of specimen
Compliance to relevant laws
Exportation of specimens when
necessary
3-5 years validity and renewable





GP holder
Purpose of collection
Kind and quantity of collection
Area of collection
Reporting
Depository
1 year validity


MOA GP
PROCESS FLOW
Memorandum of Agreement for
Biodiversity Research
PROCESS FLOW
Issuance of Gratuitous Permit (GP)

Major steps Corresponding
Permit
Duration
1. Collection of
specimens
MOA and/or
Gratuitous Permit

Within 3 days
2. Transport
of specimens from
study site to
local laboratory
Local Transport
Permit
Within 1 day
3. Export of
specimens
Export Permit Within 3 days
Steps in Research and Corresponding Permits
PROCESS FLOW
ISSUANCE OF WILDLIFE
LOCAL TRANSPORT
PERMIT (LTP)
PROCESS FLOW
ISSUANCE OF PERMIT FOR THE
EXPORT/RE-EXPORT OF WILDLIFE SPECIES
LISTED UNDER THE
CONVENTION ON INTERNATIONAL TRADE OF
ENDANGERED SPECIES OF WILD FAUNA AND FLORA
(CITES)
PROCESS FLOW
ISSUANCE OF PERMIT FOR THE
EXPORT/RE-EXPORT
OF NON-CITES WILDLIFE SPECIES
PROCESS FLOW
ISSUANCE OF PERMIT FOR THE
IMPORTATION
OF WILDLIFE SPECIES LISTED UNDER
THE CONVENTION ON
INTERNATIONAL TRADE IN
ENDANGERED SPECIES OF WILD
FAUNA AND FLORA (CITES)

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