Question & AnswerQ&A (DENR MEMORANDUM CIRCULAR NO. 2007-02)
The Memorandum Circular applies within public lands for terrestrial and wetland areas outside protected areas established under RA No. 7586 and also covers privately owned lands where threatened species are found.
Critical habitats are areas outside protected areas under RA No. 7586 known to be habitats of threatened species, designated based on scientific data considering species endemicity, richness, and presence of man-made pressures/threats to wildlife survival.
An endemic species is a species or subspecies naturally occurring and found only within specific areas in the Philippines.
General considerations include presence of threatened species listed in DAO 2004-15, important life activities of such species (breeding, nesting, foraging), man-made threats (logging, mining, squatting), biodiversity conservation priority areas, and presence of other economically/socially impactful natural resources.
The concerned DENR Regional/Field Offices (PENROs/CENROs) facilitate the establishment either on their own initiative or upon request of LGUs, private landowners, groups, or interested parties.
Procedures include: validation of threatened species presence, population estimate and habitat assessment, community consultation, submission of reports and recommendations, issuance of DENR Secretary Order declaring critical habitat, and ground delineation of boundaries including GPS marking.
LGUs may issue a resolution or ordinance after completing processes like validation, assessment, and consultation, lead the process in coordination with DENR, and submit the resolution/ordinance with documents to the DENR Secretary for official declaration.
Management is done in partnership with LGUs, POs, NGOs, IPs/ICCs, private sector, or other concerned groups through MOAs; DENR may delegate full management to these groups.
The CHMP must include objectives, key management issues, site strategies and activities like monitoring, community organizing and habitat rehabilitation, and administration details considering Section 4 processes.
Prohibited acts include dumping waste harmful to wildlife, squatting/occupying portions of critical habitat, mineral exploration/extraction, burning, logging, and quarrying.
Penalties are imposed according to Section 28 of RA 9147, applying to any person who commits the prohibited acts enumerated in the Circular.
The guidelines are mandated pursuant to Sections 4 and 25 of Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act).
The Memorandum Circular takes effect fifteen (15) days after publication in a newspaper of national circulation and upon acknowledgment by the Office of the National Administrative Register (ONAR).