IRR of RA 9147 Wildlife Resources Conservation

Policy, purpose, and objectives

The State policy under R.A. 9147 and these IRR provisions is to conserve wildlife resources and their habitats for sustainability.
The objectives include conserving and protecting wildlife species and habitats to promote ecological balance and enhance biological diversity.
The objectives include regulating the collection and trade of wildlife.
The objectives include pursuing, with due regard to national interest, the Philippine commitment to international conventions on wildlife protection and habitats.
The objectives include initiating or supporting studies on conservation of biological diversity.

Coverage, jurisdiction, and applicable areas

The IRR applies to all wildlife species found in all areas of the country, including protected areas under Republic Act No. 7586 (NIPAS Act) and critical habitats.
The IRR also applies to exotic species that are subject to trade, are cultured, maintained and/or bred in captivity, or are propagated in the country, including species illegally introduced.
Domesticated or propagated species such as livestock, poultry, and common ornamental plants determined by DENR and DA upon recommendation of the National Wildlife Management Committee are excluded from the IRR coverage and remain governed by existing BAI, BPI, and BFAR rules; however, collection of wild forms of these species is regulated by DENR or DA as the case may be.
Species listed in CITES, including ostrich (Struthio camelus), Philippine deer (Cervus mariannus), saltwater crocodile (Crocodylus porosus), and Orchids (Orchidaceae spp) that are farmed or propagated are subject to requirements imposed by DENR.
The IRR is supplementary to R.A. 9072 (National Caves and Cave Resources Management and Protection Act) and its IRR; in case of conflict, the provisions under R.A. 9147 and subsequent issuances prevail.

Issuing authorities and committees

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 including fishes, aquatic plants, invertebrates, and all marine mammals, except dugong.
The Secretaries of DENR and DA must review and revise regularly update the list of species under their respective jurisdiction through joint administrative order.
In Palawan, jurisdiction conferred is vested in the Palawan Council for Sustainable Development (PCSD) pursuant to Republic Act No. 7611.
A National Wildlife Management Committee (NWMC) is created separately by DENR, DA, and PCSD to provide technical and scientific advice, and its chairpersonship rests on the DENR, DA, or PCSD as applicable.
The NWMC submits recommendations to PAWB or BFAR Director or PCSDS Executive Director regarding applications for collection/use for trade, bioprospecting, conservation breeding or propagation of threatened species, scientific research, special uses, or other purposes allowed under the IRR.
A Regional Wildlife Management Committee (RWMC) is created by the Regional Offices of DENR or DA–BFAR; it submits recommendations to the Regional Executive Director of DENR or the Regional Director of DA–BFAR.
The Secretary (or the Council, where applicable) may enter into a Memorandum of Agreement (MOA) with other government agencies/bodies/academic institutions with special law jurisdiction/control over certain wildlife species/habitats or mandated scientific research.

Defined terms and key concepts

Bioprospecting means research, collection, and utilization of biological and genetic resources solely for commercial purposes.
By-products or derivatives refer to any part taken or substance extracted from wildlife in raw or processed form, including stuffed animals and herbarium specimens.
Captive-breeding/culture or propagation is production of individuals under controlled conditions or with human interventions.
Collection or collecting is gathering/harvesting of wildlife, by-products, or derivatives.
Conservation means preservation and sustainable utilization of wildlife and/or maintenance, restoration, and enhancement of habitat.
Critically endangered species refers to species/subspecies facing extremely high risk of extinction in the wild in the immediate future.
Endangered species refers to species/subspecies not critically endangered but whose survival in the wild is unlikely if causal factors continue.
Vulnerable species refers to species/subspecies not critically endangered nor endangered but under threat across their range and likely to move to endangered category in the near future.
Threatened species denotes categories such as critically endangered, endangered, vulnerable, or other accepted categories where population is at risk of estimation.
Exotic species are species/subspecies that do not naturally occur in the country.
Indigenous wildlife are species/subspecies naturally occurring or having naturally established population in the country.
Import permit authorizes bringing wildlife into the Philippines; export permit authorizes bringing wildlife out of the Philippines; re-export permit authorizes bringing out wildlife previously imported.
Transport permit authorizes movement of wildlife within the Philippines.
Local Transport Permit (LTP) authorizes bringing/carrying/shipping wildlife (and by-products/derivatives) acquired from legal sources from point of origin to final destination within the country.
Wildlife means wild flora and fauna in all developmental stages, including those in captivity/bred/propagated.
Wildlife collector’s permit authorizes taking/collecting certain species and quantities from the wild for commercial purposes.
Wildlife farm/culture permit authorizes development, operation, and maintenance of a wildlife breeding farm for conservation, trade, and/or scientific purposes.
Prior Informed Consent is consent obtained by the applicant from the Local Community, Indigenous Peoples, or Private Land Owner concerned after full disclosure of intent/scope in understandable language/process and before any wildlife collection activity.
Critical habitats are areas outside protected areas under R.A. 7586 that are known habitats of threatened species and designated based on scientific data considering endemicity/richness, man-made pressures/threats, among others.
Wetland means marsh, fen, peatland, or water (natural or artificial; permanent or temporary; static or flowing; fresh, brackish, or salt), including marine water areas where low-tide depth does not exceed six (6) meters.

Authorization framework for conservation activities

Wildlife-related activities under the IRR must be authorized by the Secretary after proper evaluation using best available information/scientific data showing the activity is not detrimental to the species/subspecies survival and/or habitat.
The Secretary must regularly update wildlife information through research.
Collection of wildlife is governed under the collection standards and permits of these IRR provisions, including special rules for threatened species and indigenous traditional use.
Possession of wildlife is allowed only if the possessor can prove financial and technical capability to maintain the wildlife, and the source was not obtained in violation of the Act.
By-products and derivatives may be collected/possessed only if the source was not obtained in violation of the Act, and collection must be covered by permits issued by the Secretary/Council or authorized representatives.
Local transport of wildlife/by-products/derivatives is authorized unless prejudicial to wildlife and public health, and must be accompanied by an LTP plus required health certificates for live specimens.

Collection of wildlife—rules and limits

Wildlife collection is allowed in accordance with Section 6 authority and only when approved through evaluation that the activity is not detrimental to survival and habitat.
Wildlife collection must require appropriate and acceptable collection techniques with least or no detrimental effects to existing wildlife populations and habitats.
Indigenous peoples may be allowed to collect wildlife for traditional use, not primarily for trade.
Indigenous traditional use collection must not cover threatened species; threatened species collection is governed by Section 23 of R.A. 9147.
The Secretary or Council may allow collection for scientific research, breeding/propagation, bioprospecting, commercial purposes, or other Secretary/Council authorized activities subject to compliance with requirements and conditions in the IRR and subsequent rules.
The quantity per species that may be collected must not exceed the national quota approved by the Secretary, determined based on best scientific/commercial/other significant data after reviewing the species’ status.
The Secretary must indicate the areas of collection whenever possible.
Appropriate collection techniques must consider welfare of the wildlife species.
Collection requires Prior Informed Consent from concerned indigenous people under R.A. 8371, or prior clearance from concerned LGUs, and for protected areas, from the PAMB and other relevant authorities exercising jurisdiction over the collection area.
Collection of threatened species and their by-products/derivatives is allowed only for scientific, or breeding or propagation purposes, under Section 23 of R.A. 9147.
Collection for indigenous purposes becomes permitted only for commercial/propagation use if the necessary permits under the IRR and subsequent rules are secured.
After scientific studies, the Secretary or Council must issue subsequent guidelines governing hunting of wildlife.

Permits for local transport, export/import, and related requirements

Local transport requires an LTP secured from the nearest DENR/DA-BFAR Field Office or PCSD Staff District Management Office, as applicable.
Local transport must be accompanied by evidence that the wildlife/by-products/derivatives were collected/acquired in accordance with the IRR and subsequent rules.
Transport of live animals must be accompanied by a Quarantine/Veterinary Health Certificate from the Department of Agriculture.
Transport of plants must be accompanied by a Phytosanitary Certificate from the Department of Agriculture.
Wildlife may be exported or imported only if authorized by the Secretary or designated representative and subject to strict compliance with R.A. 9147 and implementing rules, including a requirement that the recipient is technically and financially capable to maintain the wildlife.
Wildlife gathered or taken in violation of R.A. 8550 (Philippine Fisheries Code) is not allowed for exportation.
Export/import permits are issued by the Secretary after compliance with the requirements and procedures under each agency’s rules.
Importation of exotic species may be allowed based on sound ecological, biological, and environmental justification from scientific studies, subject to biosafety standards and import risk analysis and/or sanitary and phytosanitary measures.
The Secretary must promulgate rules and regulations for importation and introduction of exotic wildlife species.
Rules under export/import cover wildlife by-products and derivatives.

Introduction, reintroduction, restocking of wildlife

Introduction, reintroduction, or restocking of endemic and indigenous wildlife is allowed only for population enhancement or recovery purposes, subject to prior clearance from the Secretary or authorized representative pursuant to Section 6 of R.A. 9147.
Proposed introduction must be subject to a scientific study focusing on bioecology and must include public consultations with concerned individuals/entities.
Introduction, reintroduction, and restocking are allowed only for population enhancement and recovery purposes, and the Secretary or Council issues necessary clearance upon NWMC recommendation.
Clearance issues only upon compliance with: (a) feasibility study/background research focusing on bio-ecology, conservation status, natural history, suitability of release/planting site, previous re-introduction studies if any, risk analysis and management, and other necessary data; (b) management plan including rehabilitation of habitat/species, protection, release/plantation scheme, and subsequent monitoring; and (c) public consultation proof(s) such as notices, minutes of meeting, resolutions, endorsements, attendance, or publication submissions.

Introduction of exotic wildlife—prohibitions and conditions

No exotic species may be introduced in the Philippines unless cleared by the Secretary or authorized representative first.
No exotic species may be introduced into protected areas under Republic Act No. 7586 and critical habitats under Section 25 of R.A. 9147.
Where introduction is allowed, it must be subject to an environmental impact study focusing on bioecology and socioeconomic aspects of the area.
The proponent must secure prior informed consent from local stakeholders.
Introduction of exotic species requires prior clearance upon NWMC recommendation, with the same prohibition on protected areas and critical habitats.
Clearance is issued only after compliance with: (a) environmental impact study; (b) scientific study/background research including taxonomic status and relevant data plus risk assessment; (c) management plan including conditioning, protection, introduction scheme, and subsequent monitoring; (d) prior informed consent secured under the IRR’s stakeholder consent procedures with proof of public consultation; and (e) an affidavit of undertaking committing to establish a Monitoring and Research Fund and, for unforeseen harmful effects, control/eradication at the proponent’s expense, with a bond amount determined by the Secretary or Council.
Exotic wildlife already introduced in one area and proposed to be introduced to another area is governed by the same rules on clearance and requirements.

Bioprospecting—consent, permits, undertakings

Bioprospecting is allowed only upon execution of an undertaking by the proponent committing to comply with terms and conditions imposed by the Secretary to protect biological diversity.
Before granting the necessary permit, the Secretary or authorized representative—after consultation with concerned agencies—requires prior informed consent by the applicant from concerned indigenous cultural communities, local communities, management board under R.A. 7586, or private individuals.
The applicant must disclose fully the intent and scope of bioprospecting in a language and process understandable to the community.
Indigenous peoples’ prior informed consent must be obtained in accordance with existing laws.
Action on the bioprospecting proposal by concerned bodies must be made within a reasonable period.
After submission of complete requirements, the Secretary must act on the research proposal within a reasonable period.
If the applicant is a foreign entity/individual, a local institution must be actively involved in research, collection, and, where applicable and appropriate, technological development of products derived from biological/genetic resources.
DENR, DA, and PCSD must issue joint guidelines specific for bioprospecting.

Scientific research—gratuity permits and undertakings

Collection and utilization of biological resources for scientific research not for commercial purposes is allowed upon execution of an undertaking/agreement with and issuance of a gratuitous permit by the Secretary or authorized representative.
Before issuance of a gratuitous permit, prior clearance from concerned bodies must be secured.
Collection for scientific research requires an Affidavit of Undertaking or MOA and issuance of a Gratuitous Permit (GP) by the Secretary or Council.
The MOA and GP must be signed and issued, as far as practicable, within one month after submission and completion of all requirements.
Applicants must submit a letter of application, brief research description/proposal, and an endorsement letter of the Head of Institution (or, for individuals, from a recognized expert in a research institution/conservation organization).
Free and Prior Informed Consent of the IPs, or prior clearance of concerned LGUs, PAMB, private land owner, and/or other relevant agencies/institutions must be obtained where collection is made.
If applicants are foreign or Filipino affiliated with a foreign institution, a Memorandum of Agreement is executed with the Secretary/Council, and a local institution must be identified as research collaborator/counterpart with a letter of consent from its Head.
Affidavits/MOAs must contain minimum terms: (a) no spin-off technology from results without proper limits; (b) no application for intellectual property rights over results without prior approval of the concerned agency; (c) submission of results and recommended plan of action at conclusion, whenever applicable; and (d) observation of the Animal Welfare Protocol, as the case may be.
For thesis/dissertation purposes by students affiliated with local academic institutions, issuance of a Gratuitous Permit by the Secretary of DENR through PAWB Director or concerned Regional Executive Director, or Secretary of DA through BFAR Director/concerned BFAR Regional Director, or Council through PCSDS Executive Director is sufficient upon submission of: copy of approved thesis proposal, endorsement from Dean, and prior clearance or IP head PIC certificate.
For thesis/dissertation by foreign applicants or Filipino citizens affiliated with foreign institutions, a Memorandum of Agreement with and issuance of the Gratuitous Permit by DENR/DA/PCSD as applicable is required, with MOA and GP signed/issued, as far as practicable, within one month after completion of requirements.
Collection of specimens/samples by government agencies for urgent concerns such as red tide, ebola or ebola-like virus, malaria occurrences, and similar urgent needs certified by the concerned office is exempt from scientific research rules, but results and recommended plan of action must be reported to DENR/DA/PCSD.
Other government-initiated or implemented research/scientific projects require a Gratuitous Permit upon filing of letter of application, submission of approved work and financial plan, research proposal, grant agreement or MOA (as applicable), and prior clearance or PIC certificate from IP head.
Scientific research involving conservation breeding/propagation activities and other wildlife conservation projects initiated by non-government institutions must be covered by the IRR, and applicants must submit documents including letter of intent, research/project proposal, habitat restoration/protection/management plan for reintroduction and restocking (for conservation breeding projects only), acceptance of local collaborators (for foreign applicants only), institution profile, endorsement from Head, prior clearance under the IRR, application/processing fee payment as per Section 21, and other required documents.
Proponents must provide copies of research outputs to DA, DENR, PCSD, concerned LGUs, Indigenous Peoples, and other agencies/institutions with management control over study/collection sites.
Existing Academic Research Agreements executed with DENR, DA, DOST, DOH pursuant to EO 247, and other MOAs with DENR or DA remain valid until expiration; renewal must conform to IRR requirements and procedures or subsequent regulations.

Biosafety requirements and EIA triggers

Activities involving genetic engineering and pathogenic organisms and activities requiring importation, introduction, field release, and breeding of organisms potentially harmful to man and the environment must be reviewed under biosafety guidelines ensuring public welfare and protection/conservation of wildlife and habitats.
Existing biosafety protocols must be observed for genetic engineering and pathogenic organisms, including their importation, introduction, field release, and breeding.
Environmental Impact Assessment is required for: (a) introduction of exotic fauna in private/public forests; (b) field release of any pathogenic organism; and (c) field testing of genetically-engineered organisms in an Environmentally Critical Area or where DENR-EMB and DA-BPI have determined that it posts significant risks to the environment.

Commercial breeding/propagation—permits and limits

Commercial breeding/propagation of wildlife is allowed by the Secretary or authorized representative through a wildlife/culture permit, subject to the rule that only progenies raised and unproductive parent stock may be utilized.
Commercial breeding operations are subject to an environmental study, whenever appropriate.
Filipino citizens and corporations/partnerships/associations/cooperatives at least 60% owned by Filipino citizens may be issued: (a) Wildlife Collector’s Permit (WCP) by PAWB/BFAR Director/concerned Regional Executive Director of DENR or Regional Director of DA-BFAR, or Executive Director of PCSD; and (b) Wildlife Farm Permit (WFP) by concerned Regional Executive Director of DENR, Regional Director of DA-BFAR, or Executive Director of PCSDS.
The WCP authorizes collection of parental/founder stock, and the WFP authorizes breeding of collected stock for use only of progenies/propagated individuals for trade, except as allowed under Section 18 rules and procedures under the IRR.
Unproductive parent stock duly reported and verified by DENR as unproductive may be allowed for trade or re-introduction to the wild under the IRR rules on introduction/reintroduction/restocking.
If stocks are obtained through importation or from an accredited/registered breeding facility, only a WFP is required.
If collection sites are confined within one (1) region, WCP is issued by the concerned Regional Executive Director of DENR or Regional Director of DA-BFAR; if collection sites cover several regions, PAWB or BFAR Director issues the WCP.
For non-Filipino citizens and non-Filipino corporations/partnerships/associations, a WFP is issued only if parental stock are captive-bred or obtained through importation.
Marking, genetic characterization, or tagging rules must be implemented as prescribed by the concerned agency after consultation with collectors/breeders, when appropriate and practicable.
The Secretary or Council must prescribe, by subsequent rules and regulations, the requirements and procedures for issuance of WCP and WFP.

Economically important species—lists, quotas, trade limits

The Secretary must establish a list of economically-important species within one (1) year after effectivity of R.A. 9147.
A population assessment of economically important species must be conducted within a reasonable period and regularly reviewed and updated.
Collection of certain economically important species is allowed only when assessments show that despite some collection, the population remains viable and capable of recovering.
The Secretary must establish a schedule and volume of allowable harvests.
When an economically important species becomes threatened, any form of collection is prohibited except for scientific, educational, or breeding/propagation purposes.

National list mechanics and permits for trade

A national list of economically important species must include schedule, volume of allowable harvest, regional/geographical distribution, and collection areas.
The national list is prepared by the Secretary upon recommendation of each Department’s National Wildlife Management Committee, in consultation with the Council, scientific institutions, conservation groups, stakeholders, and industry, and is reviewed/updated regularly.
Only Filipino citizens or corporations/partnerships/cooperatives/associations with at least 60% of the capital owned by Filipinos may collect non-threatened economically important species for direct trade purposes.
A Wildlife Special Use Permit (WSUP) must be issued by the Secretary of DENR, or an equivalent DA permit, or an equivalent city/municipal permit for marine/aquatic species found in municipal waters, or an equivalent permit from the Council or authorized representatives.
Permits are issued after compliance with requirements and procedures in subsequent implementing rules, and use is allowed only when the population can remain viable and sustainable.
If non-threatened economically important species are used for commercial breeding/propagation or bioprospecting, the IRR rules under Sections 14 and 17 apply.

Threatened species determination and listing

The Secretary must determine whether any wildlife species or subspecies is threatened and classify it as critically endangered, endangered, vulnerable, or other accepted categories based on best scientific data and internationally accepted criteria.
Threat assessment considers habitat/range destruction/modification/curtailment, over-utilization for commercial/recreational/scientific/educational purposes, inadequacy of existing regulatory mechanisms, and other natural or man-made factors affecting existence.
The Secretary must review, revise, and publish the list of categorized threatened wildlife within one (1) year after effectivity of R.A. 9147, and update regularly or as needed.
A species listed as threatened must not be removed within three (3) years following its initial listing.
A person may file a petition based on substantial scientific information for addition or deletion of a species; the Secretary evaluates and acts within a reasonable period.
The Secretary must also prepare and publish a list of wildlife that resembles so closely in appearance with threatened wildlife that it is similarly categorized as threatened.
DENR, DA, and PCSD must continue implementing the existing national list of threatened species in the interim without prejudice to later listing under revised/updated national criteria.
In interim determination, due consideration must be given to the best scientific and commercial data, internationally accepted criteria, and factors of disease or predation.
A Philippine Red List Committee (PRLC) for plants/animals is created by DENR and DA in consultation with the Council to develop criteria and classification categories using best scientific and commercial data, internationally accepted criteria, and disease or predation factors.
The Secretary reviews/revises/publishes the categorized threatened list upon consultation with the Council, scientific institutions, academe, and other stakeholders, and updates as needed, while maintaining the no-removal-within-three (3) years rule.
The Secretary, upon recommendation of the Director, and upon consultation with the NWMC and affected local communities, may impose conditions/qualifications on the effectivity date and on the application of restrictions on collection and trade of certain wildlife and their by-products/derivatives in the list.
The PRLC and consultation structures guide petitions for adding or deleting threatened species.

Authority for international trade (CITES) and functions

For international agreement on CITES, the PAWB of DENR is the management authority for terrestrial resources, and BFAR of DA is the management authority for aquatic/marine resources.
In Palawan, CITES implementation is vested in PCSD pursuant to R.A. 7611.
Scientific authorities are designated for terrestrial species (including ERDB of DENR, U.P. Institute of Biological Sciences, National Museum, and other agencies designated by the Secretary) and for marine/aquatic species (BFAR, U.P. Marine Science Institute, U.P. Visayas, Siliman University, National Museum, and other agencies designated by the Secretary).
The ERDB chairs terrestrial scientific authorities and the U.P. Marine Science Institute chairs marine/aquatic scientific authorities.
CITES management authority functions include issuing/accepting CITES permits and certificates, monitoring trade, preparing/circulating official information, coordinating with the CITES Secretariat and preparing annual and biennial reports, coordinating with law enforcement/customs/other government agencies and NGOs, preparing proposals and country positions, implementing CoP resolutions and amendments to the Appendices, and receiving/coordination with scientific authorities.
CITES management authorities convene twice a year or as needed; hosting meetings rotates, one authority assumes the Secretariat function, and related expenses are shouldered.
Scientific authority functions include advising on whether export/import is detrimental to survival in the wild for Appendix II and III and Appendix I scientific/conservation breeding purposes, monitoring Appendix II species