Objectives of the Order
- Empower the floriculture industry to monitor and comply with sustainable practices regarding endemic/indigenous wild flora and CITES-listed species.
- Establish an accreditation system for individuals and entities including community-based organizations engaged in propagation and trade.
- Promote cooperation between DENR and the floriculture industry to improve regulation and governance.
- Support livelihood activities founded on sustainable use of wild flora.
- Provide incentives and generate support for sustainable management.
Scope and Coverage
- Applicable to individuals, establishments, institutions, and community-based organizations involved in artificial propagation and trade of endemic, indigenous, economically important, and CITES-listed wild flora.
- Botanical gardens with propagation and trade functions are included.
Key Definitions
- Accreditation: formal recognition by DENR of sustainable practices in propagation and trade.
- Artificial Propagation: growing plants under controlled conditions.
- Bioprospecting: research and use of biological/genetic resources for commercial purposes.
- Botanical Garden: facility for plant collection used for recreation, research, education, or conservation.
- CITES Management Authority: PAWB responsible for enforcing CITES regulations.
- Endemic Species: species naturally found only in the Philippines.
- Exotic Species: species not native to the Philippines.
- Floriculture Industry: individuals and organizations engaged in cultivation and trade of ornamental wild flora.
- Self-Regulation: oversight by the floriculture industry, in collaboration with DENR, of propagation and trade activities via accreditation.
- Sustainable Utilization: use that does not reduce biological diversity in the long term.
- Threatened Species: species at risk of extinction.
- Wild Flora: wild forms and varieties of plants in all stages, including cultivated or propagated.
Creation and Composition of the Philippine Wild Flora Council (PWC)
- Established by DENR Secretary upon NWMC recommendation.
- Composed of 7 members: 5 from floriculture industry, 1 from government academic institution, and 1 from national environmental NGO.
- Chaired by a floriculture industry representative.
- Supported by a secretariat including PAWB representatives.
- Operations supervised by DENR through NWMC.
- Regional PWCs for Visayas and Mindanao may be created.
Duties of the PWC
- Formulate policies, procedures, and accreditation criteria.
- Evaluate and recommend accreditation applications.
- Validate plant species and applicant engagement.
- Maintain and update plant stock inventories.
- Investigate non-compliance and recommend sanctions.
- Assist DENR in monitoring and inspections.
- Submit semi-annual reports.
- Establish internal rules and procedures.
Qualifications, Appointment, and Terms for PWC Members
- Academic representative must have botanical sciences background.
- NGO must have involvement in plant conservation.
- Floriculture members must have at least 3 years plant conservation experience, technical knowledge, and good legal standing.
- Members appointed by DENR Secretary for a 3-year term, renewable.
- Members may claim expenses for official duties.
Grounds for Suspension and Removal of PWC Members
- Suspension for 6 months for disregard of duties, misconduct, discrimination, or acts prejudicial to PWC/DENR.
- Removal after 3 suspensions or commission of illegal acts under R.A. 9147.
Accreditation Qualifications and Standards
- Applicants must be Filipino citizens or registered entities with majority Filipino ownership for indigenous plants.
- For exotic CITES species, accreditation open to individuals or entities meeting standards.
- Botanical gardens may be accredited.
- Applicants must have adequate space and facilities.
- Must maintain inventories and labeling/tagging systems.
- Must adopt sustainable propagation practices.
Accreditation Procedures
- Submit application and supporting documents to PWC or DENR field office.
- Complete applications forwarded to PWC for evaluation within 3 days.
- Preliminary evaluation within one month.
- Site inspection conducted within 15 days after evaluation.
- Decision by PWC within 15 days post-inspection and recommendation to DENR Regional Executive Director (RED).
- RED issues Certificate of Accreditation valid for 3 years, renewable annually.
- Notice of disapproval issued if application denied.
Responsibilities of Accredited Holders
- Compliance with certificate terms.
- Pay fees (P1,500 initial, P500 annual renewal).
- Maintain propagation facilities and labeling/tagging.
- Issue verified receipts serving as transport permits.
- Secure CITES permits for exports/imports.
- Maintain records and notify DENR of operation changes.
- Ensure survival of plants during transport.
- Submit periodic stock and receipts reports.
Privileges and Incentives
- Receipts recognized as local transport permits.
- Easier access to CITES permits for international trade.
- Authorized to trade and export listed plant stock.
- Exemptions from CITES permits for specific artificially propagated plant materials.
- Recognition by local and international markets.
Suspension and Cancellation of Accreditation
- Suspension for at least one year for violations of terms other than those in cancellation grounds.
- Cancellation grounds include misrepresentation, permit misuse, illegal collection or trade, possession without permit, and violations of RA 9147.
- Cancellation entails perpetual disqualification from permits and sanctions extending to officers of entities.
Collection from Natural Habitat
- Collection only permitted by DENR after scientific evaluation proving no detriment to species survival.
- Sustainable collection methods mandatory.
- Threatened species' collection allowed only for conservation or propagation.
- Only accredited persons/entities may collect for commercial propagation under Wild Flora Collector's Permit.
- DENR Secretary to promulgate national list of threatened plants and guidelines.
Monitoring and Enforcement
- DENR and PWC to regularly monitor accredited parties and conduct inspections.
- PAWB monitors PWC and CITES implementation by DENR Regional Offices.
- RED accountable for permit issuance and must report to PAWB.
- NWMC oversees overall implementation and conducts periodic review every three years.
Capacity Building and Awareness Programs
- DENR and PWC to conduct training on plant identification, CITES policy, legal procedures, and enforcement techniques.
- Training for floriculture industry on conservation and propagation.
- Public education on relevant laws and international commitments.
Funding
- Implementation funded from Wildlife Management Fund under RA 9147.
- Included in yearly budget proposals of PAWB and DENR sector offices.
Transitory Provision
- Until PWC creation and accreditation issuance, DENR continues issuing local transport and CITES permits under existing laws.
Penalties and Legal Consequences
- Violations subject to administrative and criminal penalties under relevant laws.
Separability and Repealing Clauses
- Invalidity of any provision does not affect remaining provisions.
- Orders and issuances inconsistent herewith are repealed or amended accordingly.
- This Order takes effect 15 days after publication and registration with the Office of the National Administrative Register.