Law Summary
Scope and Jurisdiction
- Applies to all wildlife species in the Philippines including protected areas and critical habitats.
- Covers indigenous and exotic species cultured, bred, or traded in the country.
- DENR controls terrestrial and some wetland species; DA controls aquatic resources and habitats.
- Jurisdiction in Palawan is vested in the Palawan Council for Sustainable Development.
Definitions of Key Terms
- Defines terms such as bioprospecting, by-products, captive breeding, conservation, threatened species categories, trade, traditional use, and permit types.
- Clarifies concepts like indigenous vs. exotic species, habitat, and various permits for collection, transport, and trade.
Conservation and Protection of Wildlife
- Activities must be authorized based on scientific evaluation proving no harm to species or habitat.
- Wildlife collection allowed with proper techniques and limited exceptions for indigenous traditional use.
- Possession allowed only with demonstrated technical and financial capacity.
- Regulates local transport, importation, and exportation of wildlife with permits.
- Introduction or reintroduction of species strictly controlled with required studies and consultations.
- Bioprospecting permitted with informed consent and regulatory undertakings.
- Scientific research allowed under gratuitous permits with clearances.
- Biosafety protocols for genetic engineering and potentially harmful organisms are mandated.
- Commercial breeding permitted under regulation with focus on progeny and environmental impact assessment.
- Establishes list and population assessments of economically important species with limits on harvest.
- Designates management and scientific authorities for international trade compliance (CITES).
- Secretary empowered to issue various permits with specified validity periods.
- Imposes fees for permit issuance and exports; exempts certain farm products.
Protection of Threatened Species
- Secretary classifies threatened species (critically endangered, endangered, vulnerable) based on scientific criteria and international standards.
- Collection of threatened species only for scientific or conservation breeding by accredited entities.
- Conservation breeding encouraged with habitat protection; commercial breeding allowed with requirements.
- Critical habitats designated and protected against exploitation; government may acquire land or rights to protect these areas.
Registration Requirements
- Private persons must register possession of threatened and exotic species.
- Failure to register results in confiscation and penalties.
Illegal Acts
- Prohibits unauthorized killing, collection, trade, injury, habitat destruction, introduction, and transport of wildlife.
- Allows exceptions for indigenous rituals, disease control, human safety, and authorized research.
- Prohibits harmful activities in critical habitats including pollution, squatting, mining, logging, and quarrying.
Penalties
- Penalties scale with species conservation status; punishments range from fines to imprisonment.
- Includes forfeiture of wildlife and related tools used in violations.
- Deportation of alien offenders after serving civil penalties.
- Fine amounts subject to periodic increases for inflation.
Fund and Enforcement
- Establishes a Wildlife Management Fund funded by fines, fees, donations, and grants for conservation activities.
- Secretary empowered to deputize enforcement officers from NGOs and government law enforcement.
- Creation of wildlife research centers, rescue centers, and traffic monitoring units at ports mandated.
Tax and Conservation Incentives
- Donations for wildlife conservation tax-exempt.
- Local governments encouraged to adopt flagship species for conservation advocacy.
Regulation and Institutional Framework
- Regulates establishment and operation of botanical gardens, zoological parks, and similar facilities.
- Requires promulgation of implementing rules within 12 months.
- Initial funding appropriated from DENR budgets; further funding included in national budget.
- Includes standard severability, repealing, and effectivity provisions ensuring continuity and compliance.