Law Summary
Departmental Jurisdiction
- DENR oversees terrestrial species, turtles, tortoises, wetlands, amphibians, dugong.
- DA oversees aquatic habitats, aquatic life, marine mammals except dugong.
- Palawan Council manages wildlife in Palawan province.
- Coordination rules among DENR, DA, and PCSD for wildlife and protected area management.
Definitions
- Extensive definitions cover bioprospecting, by-products, captive breeding, conservation, threatened species categories (critically endangered, endangered, vulnerable), indigenous vs exotic species, and permit types.
- Additional terms include biosafety, botanical gardens, dumping, indigenous peoples, genetic resources, hunting, prior informed consent, reintroduction, wetland, and wildlife rescue centers.
Conservation and Protection
- Activities must be authorized by the Secretary based on best scientific data.
- National and Regional Wildlife Management Committees provide technical advice.
- Collection of wildlife allowed only with permits and least harmful methods; indigenous collection allowed for non-threatened species.
- Possession requires proof of capability to maintain wildlife; by-products require permits.
- Transport, import/export require permits and health certificates.
- Introduction, reintroduction, and restocking require scientific studies, management plans, and public consultation.
- Exotic species introduction restricted and regulated.
- Bioprospecting and scientific research require permits and undertakings, with conditions to protect biodiversity.
- Biosafety protocols followed for genetic engineering and pathogenic organism activities.
- Commercial breeding permitted with permits, only using progeny and unproductive parent stock.
- Economically important species listed, regulated for sustainable collection.
International Trade and Permits
- Management Authorities: DENR’s PAWB for terrestrial, DA’s BFAR for aquatic species; PCSD in Palawan.
- Scientific Authorities advise on permits and conservation.
- Secretary issues varied permits with renewal options.
- Fee structures established, export permits include fees based on export value.
Threatened Species Classification and Protection
- Secretary classifies species into categories based on scientific criteria and updates lists regularly.
- Collection of threatened species allowed only for scientific or breeding purposes by accredited entities.
- Conservation breeding encouraged for population enhancement.
- Critical habitats designated based on scientific data, protected from exploitation.
Registration of Wildlife in Private Possession
- Threatened and exotic species with private owners must be registered within set periods; failure leads to confiscation.
- Registration includes issuance of Certificates of Wildlife Registration.
- Registration does not authorise illegal collection.
Illegal Acts
- Prohibits willful exploitation, killing, injuring, dumping, squatting, mining, logging in critical habitats, trade, collection, maltreatment, and transport without permit.
- Exceptions for religious rituals, diseased wildlife, imminent danger or authorized research.
Penalties
- Graduated imprisonment and fines based on species category and offense severity.
- Confiscation of wildlife and related tools mandatory.
- Deportation of alien offenders after sentence.
- Fine amounts adjusted every three years for inflation.
Wildlife Management Fund
- Established for rehabilitation, research, enforcement, funded by fines, fees, donations.
- Contributions exempt from donor taxes.
- Managed separately by DENR, DA, and PCSD.
Enforcement Officers and Units
- Wildlife Enforcement Officers deputized from NGOs, law enforcement, trained for wildlife law enforcement.
- Duties include seizure, arrest, surveillance, prosecution support.
- Wildlife Traffic Monitoring Units created at ports to enforce laws and coordinate inspections.
Facilities and Research Centers
- National Wildlife Research Centers to lead scientific studies.
- Wildlife Rescue Centers established for custody and care of confiscated or injured wildlife.
- Botanical gardens, zoos regulated with permit and operational standards.
Miscellaneous Provisions
- Tax exemptions for donations to conservation.
- Local governments encouraged to adopt flagship species for conservation.
- Rules and regulations to be promulgated within 12 months.
- Appropriations for implementation charged initially to DENR funds.
- Separability and repealing clauses ensure legal continuity.
- Law effective 15 days after publication.