Title
IRR of RA 9147 Wildlife Resources Conservation
Law
Joint Denr-da-pcsd Administrative Order No. 01, S. 2004
Decision Date
May 18, 2004
The DENR-DA-PCSD Joint Administrative Order No. 01-04 implements Republic Act No. 9147, a law that aims to conserve and protect wildlife species and their habitats in the Philippines, establishing guidelines for conservation, regulating trade, and supporting scientific studies.

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.

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