Title
Supreme Court
Wildlife Conservation and Protection Act
Law
Republic Act No. 9147
Decision Date
Jul 30, 2001
Republic Act No. 9147 mandates the conservation and protection of wildlife resources and their habitats, regulating collection, trade, and bioprospecting while promoting ecological balance and compliance with international conventions.

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.

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