QuestionsQuestions (JOINT DENR-DA-PCSD ADMINISTRATIVE ORDER NO. 01, S. 2004)
The policy is to conserve the country’s wildlife resources and habitats for sustainability. Its objectives include: (a) conserving and protecting wildlife species and habitats to promote ecological balance and biodiversity; (b) regulating collection and trade; (c) pursuing national interest while meeting international commitments for wildlife and habitat protection; and (d) initiating/supporting studies on conserving biological diversity.
It applies to all wildlife species found in all areas of the country, including protected areas under R.A. 7586 and critical habitats, and also to exotic species that are subject to trade and are cultured/maintained/bred in captivity or propagated in the Philippines, including those illegally introduced. It also covers unknown genera/species/strains later discovered to occur in the country.
Domesticated or propagated species (e.g., livestock, poultry, common ornamental plants) as determined by DENR and DA upon recommendation of the NWMC are excluded, and remain covered by existing BAI/BPI/BFAR rules. However, collection of wild forms is still regulated by DENR or DA.
DENR has jurisdiction over terrestrial plant and animal species, turtles and tortoises, and wetland species including crocodiles, waterbirds, and amphibians and dugong. DA has jurisdiction over aquatic critical habitats and aquatic resources such as fishes, aquatic plants, invertebrates, and marine mammals, except dugong. In Palawan, jurisdiction is vested in PCSD under R.A. 7611.
PCSD exercises jurisdiction over all wildlife species found in Palawan, consistent with R.A. 7611 objectives and national wildlife policies (e.g., R.A. 8550, R.A. 8485, R.A. 7586). It also manages certain DENR wildlife projects of national concern located in Palawan and coordinates with DENR/DA for related activities.
“Wildlife” means wild forms and varieties of flora and fauna in all developmental stages, including those in captivity or being bred or propagated; and those not covered by a legally-accepted document stating they are products of registered captive breeding/propagation are presumed to be in wild form. This presumption affects enforcement: unless proven otherwise by required documentation, the material is treated as wildlife from the wild.
Collection may be allowed subject to authorization under Section 6 (evaluation of best available information showing the activity is not detrimental), use of appropriate collection techniques with least/no detrimental effects, compliance with quantity/quota limits (national quota), and obtaining necessary clearances such as Prior Informed Consent (for ICCs/IPs) and, for protected areas, clearance from PAMB and other relevant authorities.
Collection by indigenous people may be allowed for traditional use and not primarily for trade. It must not cover threatened species (and threatened species are governed by Section 23 of R.A. 9147 and the IRR rules). If collection is for breeding/propagation or commercial purposes, the relevant permits under the IRR are required.
Local transport must be authorized and accompanied by a Local Transport Permit (LTP) from the nearest DENR/DA-BFAR field office or PCSD staff district management office. If transporting live specimens, it must also include a veterinary health/quarantine certificate for animals or a phytosanitary certificate for plants.
Exportation/importation is allowed only if authorized by the Secretary or designated representative and in strict compliance with R.A. 9147 and rules. The recipient must be technically and financially capable to maintain the wildlife. Additionally, wildlife gathered in violation of R.A. 8550/Philippine Fisheries Code are not allowed for export.
Allowed only for population enhancement or recovery purposes, subject to prior clearance from the Secretary or authorized representative. It must undergo scientific study focusing on bio-ecology and public consultations with concerned individuals/entities. Clearance depends on feasibility/background research, management plan (including release scheme and monitoring), and proof of public consultation.
No exotic species may be introduced without prior clearance. Introductions shall not be made into protected areas under R.A. 7586 or into critical habitats. Clearance requires an environmental impact study focusing on bio-ecology and socioeconomics, risk assessment/background research, management plan including monitoring, prior informed consent from local stakeholders, an affidavit of undertaking to fund monitoring and to control/eradicate harmful effects at proponent’s expense with posting of a bond.
Bioprospecting is research, collection, and utilization of biological/genetic resources for commercial purposes. Applicants must execute an undertaking complying with conditions imposed to protect biological diversity. The Secretary/authorized representative must require prior informed consent from concerned ICCs/IPs, local communities, protected area management board (for protected areas), or private landowners, after full disclosure in a language/process understandable to the community. If the applicant is foreign, a local institution must actively be involved as research collaborator/counterpart and possibly in technological development where appropriate.
Commercial breeding/propagation is allowed only with a Wildlife/Culture Permit issued by the Secretary or authorized representative. For Filipinos/certain corporations, a Wildlife Collector’s Permit (WCP) authorizes collection of parental/founder stock, and a Wildlife Farm Permit (WFP) authorizes breeding of collected stock for trade. Only progenies and propagated individuals may be used for trade (with limited allowance for unproductive parent stock verified as such). Non-Filipinos generally require WFP only if parental stock is captive-bred or obtained via importation. Permit validity periods are also specified (e.g., WFP/WCP ranges, GP, LTP, and export/import permits).
NWMC provides technical and scientific advice to assist the Secretary and Council in implementing the IRR and submits recommendations on applications for collection/use for purposes like trade, bioprospecting, conservation breeding, scientific research, and special uses. RWMCs mirror this function at the regional level and submit recommendations to the proper regional executive director/agency.
The Secretary determines threat status and classifies species as critically endangered, endangered, vulnerable, or other accepted categories based on best scientific data and internationally accepted criteria (e.g., habitat destruction/modification/curtailment; over-utilization; inadequacy of regulatory mechanisms; and natural/man-made factors). The list is reviewed/revised/published within one year and updated regularly; a species listed as threatened is not removed within three years following initial listing.