Wildlife Conservation and Protection Act

State policy and Act objectives

The State policy is to conserve the country’s wildlife resources and their habitats for sustainability (Section 2).
The Act pursues these objectives (Section 2):
- Conserve and protect wildlife species and their habitats to promote ecological balance and enhance biological diversity.
- Regulate the collection and trade of wildlife.
- Pursue, with due regard to the national interest, the Philippine commitment to international conventions on protection of wildlife and their habitats.
- Initiate or support scientific studies on conservation of biological diversity.

Coverage, jurisdiction, and special area

The Act applies to all wildlife species found in all areas of the country, including protected areas under Republic Act No. 7586 (the National Integrated Protected Areas System (NIPAS) Act) and critical habitats (Section 3).
The Act applies to exotic species that are subject to trade, cultured, maintained and/or bred in captivity, or propagated in the country (Section 3).
The DENR has jurisdiction over all terrestrial plant and animal species, all turtles and tortoises, and wetland species including crocodiles, waterbirds, and amphibians and dugong (Section 4).
The DA has jurisdiction over declared aquatic critical habitats, all aquatic resources (including fishes, aquatic plants, invertebrates, and all marine mammals) except dugong (Section 4).
The Secretaries of the DENR and the DA must review and, by joint administrative order, revise and regularly update the list of species under their respective jurisdictions (Section 4).
In Palawan, jurisdiction conferred under the Act is vested in the Palawan Council for Sustainable Development pursuant to Republic Act No. 7611 (Section 4).
The Act vests the management authorities for international trade as the Protected Areas and Wildlife Bureau (PAWB) of the DENR for terrestrial resources and the Bureau of Fisheries and Aquatic Resources (BFAR) of the DA for aquatic resources, with Palawan implementation vested to the Palawan Council for Sustainable Development (Section 19).

Key definitions the Act uses

“Bioprospecting” means research, collection, and utilization of biological and genetic resources for applying knowledge derived therefrom solely for commercial purposes (Section 5).
“By-product or derivatives” means any part taken or substance extracted from wildlife in raw or processed form, including stuffed animals and herbarium specimens (Section 5).
“Captive-breeding/culture or propagation” means producing individuals under controlled conditions or with human interventions (Section 5).
“Collection or collecting” means gathering or harvesting wildlife, its by-products, or derivatives (Section 5).
“Conservation” means preservation and sustainable utilization of wildlife and/or maintenance, restoration, and enhancement of habitat (Section 5).
“Critically endangered species” means a species or subspecies facing extremely high risk of extinction in the wild in the immediate future (Section 5).
“Endangered species” means a species or subspecies that is not critically endangered but whose survival in the wild is unlikely if causal factors continue (Section 5).
“Endemic species” means species or subspecies naturally occurring and found only within specific areas in the country (Section 5).
“Exotic species” means species or subspecies that do not naturally occur in the country (Section 5).
“Export permit” authorizes bringing wildlife out of the Philippines to any other country (Section 5).
“Gratuitous permit” is issued to any individual or entity engaged in noncommercial scientific or educational undertaking to collect wildlife (Section 5).
“Habitat” means a place or environment where a species or subspecies naturally occur or has naturally established its population (Section 5).
“Indigenous wildlife” means species or subspecies of wildlife naturally occurring or naturally established in the country (Section 5).
“Introduction” means bringing species into the wild outside their natural habitat (Section 5).
“Import permit” authorizes bringing wildlife into the Philippines from another country (Section 5).
“Introduction, reintroduction or restocking” is governed by Sections 12 and 13, including requirements on clearance, scientific study, and restrictions in protected areas/critical habitats (Sections 12–13).
“Reexport permit” authorizes bringing out a previously imported wildlife from the country (Section 5).
“Secretary” means either or both the Secretary of the DENR and the Secretary of the DA (Section 5).
“Threatened species” denotes critically endangered, endangered, vulnerable, or other accepted categories of wildlife whose population is at risk of extinction (Section 5).
“Trade” means exchange, exportation or importation, purchase or sale of wildlife and their derivatives/by-products, locally or internationally (Section 5).
“Traditional use” means utilization of wildlife by indigenous people under written or unwritten rules, customs, and practices traditionally observed, accepted, and recognized by them (Section 5).
“Transport permit” authorizes bringing wildlife from one place to another within the Philippines (Section 5).
“Vulnerable species” means a species under threat throughout its range and likely to move to endangered category in the near future (Section 5).
“Wildlife” means wild forms and varieties of flora and fauna in all developmental stages, including those in captivity or being bred or propagated (Section 5).
“Wildlife collector’s permit” is a permit to take or collect from the wild certain species and quantities of wildlife for commercial purpose (Section 5).
“Wildlife farm/culture permit” is a permit to develop, operate, and maintain a wildlife breeding farm for conservation, trade, and/or scientific purposes (Section 5).

Wildlife activities and authorization requirements

The Secretary authorizes all activities (as manifested under this Chapter) only after proper evaluation of best available information or scientific data showing the activity is not detrimental to the survival of the species or subspecies and/or their habitat (Section 6).
The Secretary must regularly update wildlife information through research (Section 6).
Collection of wildlife may be allowed only under Section 6, and it must require appropriate and acceptable collection techniques with least or no detrimental effects (Section 7).
Collection of wildlife by indigenous people may be allowed for traditional use not primarily for trade (Section 7).
Collection and utilization for traditional use must not cover threatened species, and Section 23 governs collection of threatened species (Section 7).
No person or entity may possess wildlife unless it proves financial and technical capability and facility to maintain the wildlife (Section 8).
Possession of wildlife is prohibited when the wildlife was obtained in violation of the Act (Section 8).
Collection and/or possession of by-products and derivatives is allowed only if the source was not obtained in violation of the Act (Section 9).
Local transport of wildlife, by-products, and derivatives collected or possessed through any other means is authorized unless it is prejudicial to wildlife and public health (Section 10).
Exportation and/or importation of wildlife is allowed only if authorized by the Secretary or designated representative under strict compliance with the Act and applicable rules/regulations, and only if the recipient is technically and financially capable to maintain the wildlife (Section 11).
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 under Section 6 (Section 12).
Any proposed introduction must be subject to a scientific study focusing on bioecology, and the proponent must conduct public consultations with concerned individuals or entities (Section 12).
No exotic species may be introduced into the country unless clearance from the Secretary or authorized representative is obtained first (Section 13).
No exotic species may be introduced into protected areas under Republic Act No. 7586 and into critical habitats (Section 13).
If introduction of exotic species is allowed, the proponent must conduct an environmental impact study focusing on bioecology, socioeconomic, and related aspects, and must secure prior informed consent from local stakeholders (Section 13).
Bioprospecting is allowed only upon execution of an undertaking committing to reasonable terms and conditions necessary to protect biological diversity (Section 14).
Before granting the necessary permit, the Secretary or authorized representative, in consultation with concerned agencies, must require that the applicant obtain prior informed consent from concerned indigenous cultural communities, local communities, the management board under Republic Act No. 7586, or private individuals/entities (Section 14).
The applicant must fully disclose the intent and scope of bioprospecting in a language and process understandable to the community (Section 14).
Prior informed consent from indigenous peoples must be obtained in accordance with existing laws (Section 14).
Concerned bodies must act on bioprospecting proposals within a reasonable period (Section 14).
Upon submission of complete requirements, the Secretary must act on the research proposal within a reasonable period (Section 14).
If the applicant is a foreign entity or individual, a local institution must be actively involved in research, collection, and, where applicable and appropriate, technological development of products derived from biological and genetic resources (Section 14).
Collection and utilization of biological resources for scientific research not for commercial purposes is allowed only upon execution of an undertaking/agreement and issuance of a gratuitous permit by the Secretary or authorized representative (Section 15).
Before issuance of a gratuitous permit, prior clearance from concerned bodies must be secured (Section 15).
The last paragraph of Section 14 applies to scientific research under Section 15 (Section 15).
All activities on genetic engineering and pathogenic organisms in the Philippines, 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 (Section 16).
Breeding or propagation of wildlife for commercial purposes is allowed only through issuance of a wildlife farm/culture permit pursuant to Section 6 (Section 17).
Only progenies of wildlife raised and unproductive parent stock may be utilized for trade (Section 17).
Commercial breeding operations for wildlife must be subject to an environmental impact study when appropriate (Section 17).
The Secretary must establish, within one (1) year after effectivity, a list of economically-important species, and conduct and regularly review population assessments in a reasonable period (Section 18).
Collection of certain species is allowed only when assessment results show the population can remain viable and capable of recovering despite some collection (Section 18).
The Secretary must establish a schedule and volume of allowable harvests (Section 18).
When an economically important species becomes threatened, any form of collection is prohibited except for scientific, educational, or breeding/propagation purposes under the Act (Section 18).
The Secretary may issue permits/certifications/clearances with corresponding validity periods for:
- Wildlife farm or culture permit: 3 to 5 years.
- Wildlife collector’s permit: 1 to 3 years.
- Gratuitous permit: 1 year.
- Local transport permit: 1 to 3 months.
- Export/Import/Reexport permit: 1 to 6 months (Section 20).
Permits may be renewed subject to the guidelines of the appropriate agency and upon consultation with concerned groups (Section 20).

Fees, charges, and updating

Reasonable fees and charges must be imposed for issuance of permits listed in Section 20, in an amount fixed by the Secretary after consultation with concerned groups (Section 21).
For export of wildlife species, an export permit fee of not greater than 3% of the export value, excluding transport costs, must be charged (Section 21).
In determining the export permit fee, production costs must be given due consideration (Section 21).
Cutflowers, leaves, and similar products produced from farms are exempt from the export fee (Section 21).
Fees and charges must be reviewed by the Secretary every two (2) years or as the need arises and revised accordingly after consultation with concerned sectors (Section 21).

Threatened species determination and protections

The Secretary determines whether any wildlife species or subspecies is threatened and classifies it as critically endangered, endangered, vulnerable, or other accepted categories based on best scientific data and internationally accepted criteria (Section 22).
Classification factors include (Section 22):
- Present or threatened destruction, modification, or curtailment of habitat or range.
- Over-utilization for commercial, recreational, scientific, or educational purposes.
- Inadequacy of existing regulatory mechanisms.
- 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, and must update it regularly or as the need arises thereafter (Section 22).
A species initially listed as threatened may not be removed within three (3) years following its initial listing (Section 22).
A petition to add or delete species from the threatened list, supported by substantial scientific information, is evaluated by the Secretary using the criteria under Section 22, and the Secretary must act within a reasonable period (Section 22).
The Secretary must prepare and publish a list of wildlife that resembles so closely in appearance that it is categorized as threatened (Section 22).
Collection of threatened wildlife and its by-products/derivatives is allowed only for scientific, or breeding or propagation purposes under Section 6 (Section 23).
Only accredited individuals, business, research, educational, or scientific entities may collect threatened wildlife for conservation breeding or propagation (Section 23).
Conservation breeding or propagation of threatened species is encouraged to enhance population in natural habitat (Section 24).
Conservation breeding must be done simultaneously with rehabilitation and/or protection of habitat where captive-bred or propagated species will be released, reintroduced, or restocked (Section 24).
Commercial breeding or propagation of threatened species may be allowed only when the applicant meets minimum requirements:
- Proven effective breeding and captive management techniques.
- Commitment to undertake commercial breeding in accordance with Section 17, simultaneously with conservation breeding (Section 24).
The Secretary prepares a list of threatened species for commercial breeding and regularly revises or updates it or as the need arises (Section 24).
Within two (2) years from effectivity, the Secretary designates critical habitats outside protected areas under Republic Act No. 7586 where threatened species are found (Section 25).
Critical habitat designation is based on best scientific data, taking into account species endemicity and/or richness, and presence of man-made pressures/threats to survival (Section 25).
All designated critical habitats must be protected, in coordination with local government units and other concerned groups, from any form of exploitation or destruction detrimental to threatened species (Section 25).
The Secretary may acquire lands or interests in critical habitats through purchase, donation, or expropriation, including acquisition of usufruct, establishment of easements, or other appropriate undertakings (Section 25).

Registration of threatened and exotic wildlife

No person or entity may possess wildlife unless it proves financial and technical capability and facility to maintain the wildlife (Section 26).
Twelve (12) months after effectivity, the Secretary sets a period for persons/entities to register all threatened species collected and exotic species imported prior to effectivity (Section 26).
When threatened species are needed for breeding/propagation or research purposes, the State may acquire the wildlife through a mutually acceptable arrangement (Section 26).
After the registration period, threatened wildlife possessed without certificate of registration is confiscated in favor of the government, subject to the penalties under the Act (Section 26).
Philippine wildlife not listed as threatened prior to effectivity but later becomes threatened must be registered during the period set after publication of the updated threatened list (Section 26).

Illegal acts and prohibited conduct

Unless allowed under the Act, it is unlawful to willfully and knowingly exploit wildlife resources and their habitats or undertake the following illegal acts (Section 27).
It is unlawful to kill and destroy wildlife species except in the following instances (Section 27):
- Religious rituals of established tribal groups or indigenous cultural communities.
- The wildlife is afflicted with an incurable communicable disease.
- It is necessary to end the misery suffered by the wildlife.
- It is necessary to prevent an imminent danger to the life or limb of a human being.
- The wildlife is killed or destroyed after it has been used in authorized research or experiments.
It is unlawful to inflict injury that cripples and/or impairs the reproductive system of wildlife species (Section 27).
It is unlawful to perform the following acts in critical habitat(s) (Section 27):
- Dumping of waste products detrimental to wildlife.
- Squatting or otherwise occupying any portion of critical habitat.
- Mineral exploration and/or extraction.
- Burning.
- Logging.
- Quarrying.
It is unlawful to introduce, reintroduce, or restock wildlife resources (Section 27).
It is unlawful to trade wildlife (Section 27).
It is unlawful to collect, hunt, or possess wildlife, their by-products and derivatives (Section 27).
It is unlawful to gather or destroy active nests, nest trees, host plants, and the like (Section 27).
It is unlawful to maltreat and/or inflict other injuries not covered by the preceding paragraph (Section 27).
It is unlawful to transport wildlife (Section 27).

Fines, imprisonment, forfeiture, and escalation

Penalties under Section 28 apply to illegal acts under Section 27 according to the paragraph of illegal act and the category of the affected species.
For illegal acts under Section 27(a):
- If inflicted/undertaken against critical species: imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years and/or a fine of PHP 100,000.00 to PHP 1,000,000.00 (Section 28).
- If inflicted/undertaken against endangered species: imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of PHP 50,000.00 to PHP 500,000.00 (Section 28).
- If inflicted/undertaken against vulnerable species: imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of PHP 30,000.00 to PHP 300,000.00 (Section 28).
- If inflicted/undertaken against other threatened species: imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of PHP 20,000.00 to PHP 200,000 (Section 28).
- If inflicted/undertaken against other wildlife species: imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of PHP 10,000.00 to PHP 100,000.00 (Section 28).
For illegal acts under Section 27(b):
- If inflicted/undertaken against critical species: imprisonment of a minimum of four (4) years and one (1) day to six (6) years and/or a fine of PHP 50,000.00 to PHP 500,000.00 (Section 28).
- If inflicted/undertaken against endangered species: imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of PHP 30,000.00 to PHP 200,000.00 (Section 28).
- If inflicted/undertaken against vulnerable species: imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of PHP 20,000.00 to PHP 200,000.00 (Section 28).
- If inflicted/undertaken against other threatened species: imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of PHP 10,000.00 to PHP 50,000.00 (Section 28).
- If inflicted/undertaken against other wildlife species: imprisonment of one (1) month to six (6) months and/or a fine of PHP 5,000.00 to PHP 20,000.00 (Section 28).
For illegal acts under Section 27(c) and (d): imprisonment of one (1) month to eight (8) years and/or a fine of PHP 5,000.00 to PHP 5,000,000.00 (Section 28).
For illegal acts under Section 27(e):
- If inflicted/undertaken against critical species: imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of PHP 5,000.00 to PHP 300,000.00 (Section 28).
- If inflicted/undertaken against endangered species: imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of PHP 2,000.00 to PHP 200,000.00 (Section 28).
- If inflicted/undertaken against vulnerable species: imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of PHP 1,000.00 to PHP 100,000.00 (Section 28).
- If inflicted/undertaken against other threatened species: imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of PHP 500.00 to PHP 50,000.00 (Section 28).
- If inflicted/undertaken against other wildlife species: imprisonment of ten (10) days to one (1) month and/or a fine of PHP 200.00 to PHP 20,000.00 (Section 28).
For illegal acts under Section 27(f) and (g):
- If inflicted/undertaken against critical species: imprisonment of two (2) years and one (1) day to four (4) years and a fine of PHP 30,000.00 to PHP 300,000.00 (Section 28).
- If inflicted/undertaken against endangered species: imprisonment of one (1) year and one (1) day to two (2) years and a fine of PHP 20,000.00 to PHP 200,000.00 (Section 28).
- If inflicted/undertaken against vulnerable species: imprisonment of six (6) months and one (1) day to one (1) year and a fine of PHP 10,000.00 to PHP 100,000.00 (Section 28).
- If inflicted/undertaken against other threatened species: imprisonment of one (1) month and one (1) day to six (6) months and a fine of PHP 5,000.00 to PHP 50,000.00 (Section 28).
- If inflicted/undertaken against other wildlife species: imprisonment of ten (10) days to one (1) month and a fine of PHP 1,000.00 to PHP 5,000.00 (Section 28).
For illegal acts under Section 27(f) where acts were perpetuated through inappropriate techniques and devices, the maximum penalty provided is imposed (Section 28).
For illegal acts under Section 27(h) and (i):
- If inflicted/undertaken against critical species: imprisonment of six (6) months and one (1) day to one (1) year and a fine of PHP 50,000.00 to PHP 100,000.00 (Section 28).
- If inflicted/undertaken against endangered species: imprisonment of three (3) months and one (1) day to six (6) months and a fine of PHP 20,000.00 to PHP 50,000.00 (Section 28).
- If inflicted/undertaken against vulnerable species: imprisonment of one (1) month and one (1) day to three (3) months and a fine of PHP 5,000.00 to PHP 20,000 (Section 28).
- If inflicted/undertaken against other threatened species: imprisonment of ten (10) days to one (1) month and a fine of PHP 1,000.00 to PHP 5,000.00 (Section 28).
- If inflicted/undertaken against other wildlife species: imprisonment of five (5) days to ten (10) days and a fine of PHP 200.00 to PHP 1,000.00 (Section 28).
All wildlife, its derivatives or by-products, and all paraphernalia, tools, and conveyances used in connection with violations are forfeited in favor of the government (Section 28).
Conveyances belonging to third persons with no participation in or knowledge of the illegal acts may be released to the owner (Section 28).
The apprehending agency must immediately transfer seized or recovered wildlife to the nearest Wildlife Rescue Center of the Department in the area (Section 28).
If the