Title
Amendment to Wildlife Protection Act
Law
Commonwealth Act No. 491
Decision Date
Jun 18, 1939
A law enacted in 1939 in the Philippines prohibits the hunting, possession, sale, and transportation of protected birds and mammals, establishes closed seasons for game birds and mammals, designates game refuges and bird sanctuaries, requires hunting licenses, and grants exceptions for certain circumstances.
A

Definition and Scope of Protected Species

  • Protected birds include insect-eating birds, songbirds, game birds, and generally all wild birds.
  • Certain species such as eagles, hawks, crows, house sparrows, herons, and other species designated by the Secretary of Agriculture and Commerce may be destroyed by property owners if injurious to property.
  • Game birds are protected only during the established closed seasons.
  • Mammals are protected only during their respective closed seasons.

Authority to Establish Closed Seasons for Wildlife

  • The Secretary of Agriculture and Commerce, with presidential approval, can impose closed seasons for various species of birds and mammals.
  • Listed bird species include Indian dwarf goose, duck, rail, coot, mudhen, gallinule, plover, surf bird, and other shore birds.
  • Mammals subject to closed seasons include deer, mouse deer, tamaraw, squirrel, lemur, except wild pigs.

Game Refuges and Bird Sanctuaries

  • The Secretary may designate public land or forest areas as game refuges and bird sanctuaries based on recommendations.
  • National parks, botanical gardens, public parks, schools, and other government properties within a one-kilometer radius of rest houses are declared sanctuaries.
  • Hunting, disturbing, killing, or destroying nests or eggs within these areas is unlawful.
  • Special licenses may be issued for surplus game taking or destruction of predatory animals under specified conditions.
  • The Secretary is authorized to establish and maintain game farms and projects.

Hunting License Requirements and Fees

  • Hunting any protected game with firearms, air guns, or other devices requires an appropriate license.
  • License fees range between two to twenty pesos and are payable upon issuance and annually.
  • Late payment beyond sixty days incurs a 25% surcharge.
  • Fees collected are remitted to the Collector of Internal Revenue under prescribed regulations.

Allocation of Funds for Wildlife Conservation

  • An annual appropriation of twenty-five thousand pesos is allocated from the funds for:
    • Protection, conservation, and propagation of game animals.
    • Establishment, maintenance, and supervision of game refuges, sanctuaries, farms, and projects.
    • Salaries and expenses of personnel responsible for enforcement.
    • Purchase of necessary supplies and equipment.

Exceptions to Protections

  • Wild pigs may be hunted or killed anytime without a license.
  • Property owners may destroy monkeys, wild cats, and other specified mammals causing damage.
  • Certain birds may be caught or kept as pets as determined by the Secretary.
  • Edible bird nests may be taken under appropriate licenses.

Special Provisions for Non-Christian Tribes

  • Members of Non-Christian tribes in specific provinces may obtain special licenses to hunt and take game for subsistence.
  • Applications are made through local officials and are subject to conditions including species, number, and methods.
  • Hunting within refuges or sanctuaries or use of artificial light for hunting is prohibited.
  • Sale of game during closed seasons under this provision is not allowed.
  • The Secretary of the Interior may certify advancement in civilization, after which regular provisions of the law apply.

Repeal and Effectivity

  • Section fifteen of the original Act No. 2590 is repealed.
  • The amendments take effect upon approval (June 18, 1939).

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