QuestionsQuestions (Republic Act No. 9147)
The State’s policy is to conserve the country’s wildlife resources and their habitats for sustainability. The Act aims to conserve and protect wildlife and habitats, promote ecological balance and biological diversity; regulate collection and trade of wildlife; pursue Philippine commitments to international conventions with due regard to national interest; and initiate/support scientific studies on conserving biological diversity.
RA 9147 applies to all wildlife species found in all areas of the Philippines, including protected areas under the NIPAS Act and critical habitats. It also applies to exotic species that are subject to trade, cultured/maintained/bred in captivity, or propagated in the country.
DENR has jurisdiction over all terrestrial plant and animal species, turtles and tortoises, and wetland species (including crocodiles, waterbirds, and amphibians and dugong). DA has jurisdiction over declared aquatic critical habitats, aquatic resources (fishes, aquatic plants, invertebrates), and all marine mammals, except dugong.
In Palawan, jurisdiction under RA 9147 is vested in the Palawan Council for Sustainable Development (PCSD) pursuant to Republic Act No. 7611.
All activities must be authorized by the Secretary upon proper evaluation of the best available information or scientific data showing the activity is, or for a purpose, not detrimental to the survival of the species/subspecies and/or their habitat. The Secretary must regularly update wildlife information through research.
Collection may be allowed in accordance with Section 6, requiring acceptable techniques with least or no detrimental effects. Collection by indigenous people may be allowed for traditional use not primarily for trade, but it must not cover threatened species (with threatened species governed by Section 23).
No person/entity may possess wildlife unless it can prove financial and technical capability and facility to maintain the wildlife. Possession is also conditioned on the source not having been obtained in violation of the Act.
Allowed only for population enhancement or recovery purposes with prior clearance from the Secretary/authorized representative under Section 6. It requires a scientific study focusing on bioecology and public consultations with concerned individuals/entities.
No exotic species may be introduced unless clearance is first obtained from the Secretary/authorized representative. Exotic species may not be introduced into protected areas under the NIPAS Act and to critical habitats under Section 25. If introduction is allowed, it must undergo an environmental impact study focusing on bioecology and socioeconomic aspects, and requires prior informed consent from local stakeholders.
Bioprospecting is allowed only upon execution of an undertaking committing to comply with reasonable terms/conditions imposed to protect biological diversity. Before granting a permit, the Secretary/authorized representative must require prior informed consent from concerned indigenous cultural communities, local communities, management board under the NIPAS Act, or private individuals/entities, with disclosure in a language/process understandable to the community; actions must be within a reasonable period and involve consultation with existing laws for indigenous peoples.
Scientific research not for commercial purposes may be allowed upon execution of an undertaking/agreement and issuance of a gratuitous permit by the Secretary (Section 15), subject to prior clearance from concerned bodies. Commercial breeding/propagation requires a wildlife farm/culture permit issued pursuant to Section 6 (Section 17), with only progenies raised and unproductive parent stock for trade, and may require an environmental impact study.
The Secretary determines if a wildlife species/subspecies is threatened and classifies it as critically endangered, endangered, vulnerable, or other accepted categories based on best scientific data and factors such as habitat destruction/modification/curtailment; over-utilization; inadequacy of regulatory mechanisms; and other natural/man-made factors. The Secretary must review, revise, and publish the list within one (1) year and update regularly.
A species listed as threatened shall not be removed within three (3) years following its initial listing. Removal/addition can be pursued through a petition based on substantial scientific information, with the Secretary evaluating under the relevant factors and acting within a reasonable period.
Collection of threatened wildlife (including by-products/derivatives) is allowed only for scientific or breeding/propagation purposes, in accordance with Section 6. Only accredited individuals, business, research, educational, or scientific entities are allowed to collect for conservation breeding or propagation.
Unless otherwise allowed, it is unlawful to willfully and knowingly exploit wildlife/resources and habitats or commit listed acts. In critical habitats, specific acts include dumping waste products detrimental to wildlife; squatting/occupying; mineral exploration/extraction; burning; logging; and quarrying.
Penalties include imprisonment and fines, with the exact range depending on (1) which paragraph of illegal acts is violated and (2) the species’ category (critical, endangered, vulnerable, other threatened, or other wildlife). The Act provides distinct penalty schedules for different categories and types of illegal acts, with generally higher penalties for more threatened categories.
They are ipso facto forfeited in favor of the government. However, if ownership of conveyances belongs to third persons with no participation or knowledge of the illegal acts, the conveyances may be released to the owner. The apprehending agency must immediately transfer seized/recovered wildlife to the nearest Wildlife Rescue Center.