QuestionsQuestions (DOH IMPLEMENTING RULES AND REGULATIONS OF CHAPTER III "FOOD ESTABLISHMENTS" OF THE CODE ON SANITATION OF THE PHILIPPINES)
It is unlawful to hunt, wound, take, or kill, or to possess (living or dead), or to purchase, offer, expose for sale, transport, ship, or export (alive or dead) any animal protected by the Act.
Section 1(a) protects any wild bird other than a game bird, and prohibits selling/possessing any part of the plumage/skin/body for sale. Excluded are birds commonly known as eagles, hawks, owls, crows, galancian, and mayas.
Nothing in the Act is interpreted to prohibit keeping any bird for a domestic pet.
Game birds listed include goose, duck, rail, coot, mudhen, gallinule, shore bird, plover, surf bird, snipe, woodcock, sandpiper, tatler, curlew, wild chicken, pheasant, quail, pigeon, dove, hornbill, mound builder, and brush turkey, plus other game birds added later. Protection varies because a close season may be established by the Secretary of the Interior.
The Act covers deer, musk deer, tamaraw, squirrel, or lemur, plus other mammals later added. Protection is activated by the Secretary of the Interior establishing a close season for such mammals.
It is unlawful to take or needlessly destroy the nest or eggs of any bird protected by the Act or to have such nest or eggs in possession except as provided in the Act.
They may be hunted/wounded/taken/killed only by the use of a gun, spear, lance, or bow and arrow.
The Act bans laying or setting traps, snares, nets, birdlime, swivel guns, deer licks, pitfall, or any contrivance/device with intent to catch/take/kill protected animals, and bans artificial light/battery/deception with intent to attract/deceive. Constructing or setting a trap or snare adapted for taking/killing protected birds or mammals is prima facie evidence of intent.
Yes. Decoys may be used in hunting game birds.
Section 3 exempts persons who hunt/take/kill birds or mammals or take eggs to secure food for himself or his family. It also allows permits granted by the Secretary of the Interior to properly accredited persons aged fifteen years or upward for strictly scientific purposes only.
The permit remains in force for one year only from the date of issue and is not transferable.
On proof that the holder killed any protected bird/mammal or took nests/eggs for other than scientific purposes, he is subject to the same “panic penalties” as if he had no permit.
It states that nothing prevents taking so-called edible birds’ nests under license duly issued in accordance with Act No. 1769.
The Secretary of the Interior, for public interest and subject to the Governor-General’s approval, may declare a close season for birds/mammals in paragraphs (b) and (c) of Section 1 or any fish/bird/mammal for not more than five months in any one year. The order must be issued at least two months before commencement, and published for three weeks before effect in at least three daily papers in Manila and at least one daily paper in the relevant province(s); a copy must also be posted at the main entrance of the provincial building.
Violations of any regulation/order of the Secretary of the Interior are punished by a fine not exceeding one hundred pesos for each fish, bird, or mammal unlawfully killed/taken/kept/shipped/possessed/exported, or for each nest or egg taken or destroyed in violation of the Act.
An informant who gives information leading to conviction receives one-half of the fine imposed. The court, in rendering conviction, must ascertain and declare the informant’s name entitled to that half.
Nothing in the Act prohibits hunting, wounding, taking, or killing wild pig in any manner or at any season of the year.