Duties of the Secretary of Agriculture and Natural Resources
- The Secretary must issue regulations specifying classes or species of rare and flowering plants protected under this Act.
- Regulations will govern collection, possession, destruction, killing, transportation, sale, or export of these protected plants.
Scope and Application of Regulations
- Regulations must specify the bureau or office charged with enforcement.
- Fees for collection of protected species are to be fixed.
- The applicability of regulations can be nationwide or limited to certain localities.
- Regulations may be enforced indefinitely, for a fixed period, or for specified times each year.
Licensing System for Protected Wild Plants
- The Secretary is empowered to issue licenses for collection, possession, transportation, sale, or export of protected plants that require licensed collectors.
- Licenses specify types and quantities of plants and conditions for their custody and disposition.
- Special permits may be issued for possession of very rare specimens.
Permits for Scientific or Educational Collection
- Permits may be granted free of charge to reputable persons of legal age to collect specimens for scientific or educational purposes.
- Such permits are valid for one year and are subject to conditions set by the Secretary.
- Misuse of permit specimens for other purposes subjects the holder to penalties equal to unpermitted offenses.
Eligibility for Licensing and Permits
- Licenses and permits may only be granted to:
- Citizens of the Philippines or the United States.
- Associations or corporations registered/incorporated under Philippine or U.S. law with at least 61% capital stock owned by such citizens.
- Citizens of countries granting reciprocal rights to Philippine citizens.
Consequences of False Statements in Applications
- False statements in license or permit applications result in forfeiture of the license or permit.
- Additional penalties provided by the Act also apply.
Protected Area Around Public Roads
- Orchids, ferns, lycopods, club mosses, and other designated plants may not be collected or destroyed within 100 meters of public highways or trails.
- Landowners or their authorized agents are exempt from this prohibition on their own land.
Enforcement Authorities and Powers
- Designated enforcement officers including Philippine Constabulary, police, forestry and agriculture officials, scientists, and others appointed by the Secretary are deputized as wardens of protected plants.
- These wardens have authority to enforce the Act and arrest violators.
Penalties for Violations
- Violations carry fines ranging from 10 to 200 pesos, imprisonment up to 30 days, or both at the court's discretion.
- In associations or corporations, the president or manager is directly responsible if employee violations occur with their knowledge; otherwise, only fines apply.
- All protected plants collected illegally are forfeited to the government.
Effectivity
- The Act takes effect upon approval.