WRC Manual of Operation - Protected Areas and Wildlife Bureau

1
1
TABLE OF CONTENTS
2
TABLE OF CONTENTS
Page
Table of Contents
1
Glossary of Acronyms and Terms
4
Introduction
7
State Policy, Laws, Rules and Regulations Relevant to Wildlife
Rescue Center
8
General Principles in the Operation of Wildlife Rescue Center
13
Facility Requirements
15
WRC Operational Procedures
21
Wildlife Acceptance
21
Quarantine and Clinical Protocol
23
Post-quarantine/Post-treatment Management
24
Disposition of Live Animals
25
Handling and Disposition of Animal Mortalities
33
Other Management Guidelines and Procedures
34
Procedures in the Commissary
34
Transport of Animals
35
Restraint and Handling of Animals
36
Sanitation and Disinfection
38
Health and Hygiene of Staff/Personnel
39
Animal Recording and Accountability
39
Boxes and Annexes
1
List of Boxes and Annexes
Boxes
Box
1
Box
2
Box
Box
Box
3
4
5
Box
6
Box
Box
Box
Box
7
8
9
10
Consideration in Selecting Appropriate Area/Cage for the
Animals after Post-quarantine/treatment Period
General consideration and requirements in the disposition
of live animals
Release methods
Post-release Monitoring Methodology
Guidelines and Consideration in Disposing Live Animals
and/or by-products to other Entities through Donation, Loan
and Transfer to other DENR Projects or Government
Agency
Guidelines and Considerations in Disposing Live Animals
through Sale
Consideration in Disposing Live Animals though Euthanasia
Guidelines in Performing Post-mortem Examination
Carcass Disposal Protocol
General Rules in the transport of animals
Annexes
Annex
A
Annex
B
Annex
C
Annex
D
Annex
E
Annex
F
Annex
Annex
Annex
G
H
I
Republic Act No. 9147 or the Wildlife Resources
Conservation and Protection Act of 2001
Republic Act No. 8485 or the Animal Welfare Act as
amended by Republic Act No. 10631
Joint DENR-DA-PCSD Administrative Order No. 01, Series
of 2004 – the Joint implementing rules and regulations
(IRR) of Republic Act No. 9147
DENR Administrative Order No. 2000-46 of 13 June 2000 Guidelines on the Establishment of Regional Wildlife
Rescue Center
DAO No. 97-17 of April 29, 1997 - Establishing the
Disposition Program for Confiscated and Donated Wildlife
in the Custody of DENR Wildlife Rescue Centers and
Similar DENR Facilities and Providing Guidelines Therefor
DAO No. 2009- 01 dated 30 June 2009 – Guidelines in
establishing the wild fauna marking and identification
system
WRC Animal Acceptance Form (for live animals)
WRC Acceptance Form (for by-products)
Confiscated Specimen Evidence Tag
2
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
Annex
J
K
L
M
N
O
P
Q
R
S
T
U
Animal Health Record
Proforma Letter for COA Inspection (Wildlife Acceptance)
Animal Keeper’s Daily Animal Inventory Record
Health Certificate
Euthanasia Certificate
Certificate of Wildlife Release
Deed of Donation (sample)
Wildlife Loan Agreement (sample)
WRC Gate Pass
Animal Mortality Tag
Proforma Letter for COA Inspection (Animal Mortality)
WRC Necropsy Report Form
3
ACRONYMS
BAI
Bureau of Animal Industry
BFAR
Bureau of Fisheries and Aquatic Resources
BMB
Biodiversity Management Bureau
CENRO
Community Environment and Natural Resources Office
DA
Department of Agriculture
DAO
DENR Administrative Order
DENR
Department of Environment and Natural Resources
DispoCom
Wildlife Disposition Committee
NCR
National Capital Region
PAWD
Protected Areas and Wildlife Division
PCSD
Palawan Council for Sustainable Development
PENRO
Provincial Environment and Natural Resources Office
RED
Regional Executive Director of the DENR
RWRC
DENR Regional Wildlife Rescue Center
WRC
Wildlife Rescue Center
4
DEFINITION OF TERMS
1.
Abandoned – refers to wildlife intentionally left by keeper/owner
(human), giving up responsibility for care and maintenance, or left by its
biological parents (for animals);
2.
Disposition – an act of relinquishing physical custody of animals;
3.
Donation – refers to the act of magnanimity whereby a party disposes
wildlife in favor of another party free of charge;
4.
Director – refers to the BMB Director or DENR Regional Executive
Director, as the case may be;
5.
Endemic wildlife– refers to species or sub-species which is naturally
occurring and found only within specific areas in the country;
interchangeably referred herein as endemic species
6.
Euthanasia – refers to the practice of killing or putting to death wildlife in
a painless and humane manner;
7.
Exchange – refers to the act whereby a party binds itself to give wildlife
in consideration of the other party’s commitment to give another or the
same species of wildlife;
8.
Exotic wildlife – refers to species or sub-species which do not naturally
occur in the country; interchangeably referred herein as exotic species
9.
Foot bath – refers to a fixed or movable structure located at the
entrance or exit point of a wildlife facility and which contains disinfectant
where rescue center personnel and visitors are required to pass through
to prevent entry and exit of microbes;
10. Health – refers to the state of physical wellness of wildlife in captivity;
11. Hygiene – refers to the health practices of maintaining sanitation and
orderliness;
12. Loan – refers to the act of granting temporary custody of certain wildlife
for educational and/or scientific research purposes;
13. Personal Protective Equipment (PPE) - refers to protective clothing,
helmets, goggles, or other garment or equipment designed to protect the
wearer's body from injury and infection, for job-related occupational
safety and health purposes;
14. Quarantine – refers to the time or period when a newly accepted wild
animal that may have been exposed to a contagious or infectious
disease is kept in isolation to prevent possible spread or transmission of
disease;
5
15. Reintroduction – refers to the act of re-establishing the population of a
species or subspecies of wildlife in a location where it has historically
occurred but is now extinct;
16. Repatriation – refers to the act of returning wildlife, their products and/or
derivatives to the country of origin;
17. Rehabilitation – refers to the process of improving the condition (i.e.
treatment of injury and disease) of the animal with the purpose of
preparing it to return to its natural habitat (wild);
18. Sale – refers to the act of selling wildlife for an agreed price;
19. Threatened – a general term to denote species or subspecies
considered as critically endangered, endangered, vulnerable or other
accepted categories of wildlife which population is at risk of extinction;
20. Veterinarian – a veterinary physician possessing valid identification card
issued by the Professional Regulatory Commission with knowledge in
the field of wildlife medicine;
21. Welfare – refers to the good quality of life that may be lived by wildlife
under the care and management of the rescue center;
22. Wildlife – refers to wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are being
bred or propagated.
6
INTRODUCTION
A Wildlife Rescue Center (WRC) is an establishment that functions as
repository and rehabilitation facility for confiscated, donated, retrieved, turnedover or abandoned wildlife species. Its ultimate objective is to release the
rehabilitated wildlife back to their natural habitat and/or dispose them through
other appropriate modes in accordance with existing guidelines.
The WRC of the Biodiversity Management Bureau (BMB), formerly Protected
Areas and Wildlife Bureau (PAWB), evolved from a mini-zoo established in
1970’s by the then Parks and Wildlife Office. Its original purpose was to serve
as a wildlife display facility showcasing the Philippine wildlife. The mini-zoo
was gradually transformed into a wildlife rescue center starting in 1981, when
the Philippine Government signed and became a party to the Convention on
International Trade in Endangered Species of Wild Flora and Fauna (CITES).
The BMB-WRC now forms an integral part of the National Wildlife Rescue and
Research Center (NWRCC) established in 2010.
Wildlife rescue centers play important role in the conservation and
management of wildlife resources. They are a source of stock to replenish
the wild population as well as founder stock for breeding, both for commercial
and conservation purposes. They are reservoir of genetic resources which
are crucial in maintaining biological diversity. They serve as research and
living laboratory on the fields of, among others, wildlife pests and diseases,
animal anatomy, morphology and behaviour, results of which are vital in the
development of plans and policies for the conservation and management of
wildlife, both in captivity and in their natural habitat.
Wildlife rescue centers also serve as a training ground for practitioners and
students of veterinary medicine, zoology, biology, botany and other natural
sciences. They also contribute in addressing demands for wildlife species for
public education and ecotourism purposes. Through educational outreach
programs, wildlife rescue centers enhance environmental awareness and
encourage the public to protect wildlife and their delicate ecosystem habitats.
These diverse functions of wildlife rescue centers entice local government
units, academic institutions and private entities to establish facilities that
perform both as a rescue center and a display facility. The establishment of a
wildlife rescue center, however, accompanies with it bigger responsibilities of
ensuring the welfare of the stock and the personnel handling and maintaining
such stock, and proper operations of the center based on set guidelines.
This Manual provides the standards and protocol in the operations of wildlife
rescue centers and management of wildlife stock thereat, from acquisition to
disposition, focusing on wild fauna. It attempts to outline all the aspects of
management: nutrition, animal husbandry, maintenance care, including
handling and carcass disposal.
7
PART I. STATE POLICY, LAWS, RULES AND REGULATIONS
RELEVANT TO WILDLIFE RESCUE CENTER
Section 1. State Policy
It shall be the policy of the State to conserve the country’s wildlife resources
and their habitats, and to protect and promote the welfare of these resources
for sustainability.
It shall also be the policy of the State to look after the welfare of confiscated,
donated and/or abandoned living wild plants and animals.
Section 2. Laws Relevant to Wildlife Rescue Center
2.1 Republic Act No. 9147 or the Wildlife Resources Conservation and
Protection Act of 2001 (Annex “A”)
Republic Act (RA) 9147, which was approved on 30 July 2001, is the
fundamental law of the land that provides for the conservation and protection
of wildlife resources to promote ecological balance and enhance biological
diversity in the country. Its provisions apply to all wildlife species found in all
areas of the country, including exotic species which are subject to trade, are
cultured, maintained and/or bred in captivity or propagated in the country.
This law grants to the Department of Environment and Natural Resources
(DENR) jurisdiction over all terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to crocodiles, water
birds and all amphibians and dugong, except those found within the province
of Palawan which jurisdiction is granted to the Palawan Council for
Sustainable Development (PCSD).
Section 32 of the Act mandates the DENR Secretary to establish or designate
wildlife rescue centers to take temporary custody and care of all confiscated,
abandoned and/or donated wildlife to ensure their welfare and well-being, and
to formulate guidelines for the disposition of wildlife from the rescue centers.
The Act also mandates the Secretary to regulate the establishment, operation
and maintenance of botanical gardens, zoological parks and similar
establishments for recreation, education and conservation1. It allows any
person or entity to possess or take wildlife into his custody provided that such
person or entity has the financial and technical capability to maintain said
wildlife2.
1
2
Section 36 of RA 9147
Section 8 of RA 9147
8
Sections 27 and 28 of the Act respectively prohibits and penalizes the killing
and destroying of wildlife, except in certain instances as enumerated in
Section 27[a] thereof; inflicting injury which cripples and/or impairs the
reproductive system of wildlife species; introduction, reintroduction or
restocking of wildlife resources without clearance from the Secretary or the
authorized representative; and, maltreating and/or inflicting injuries other than
mentioned above.
2.2 Republic Act No. 8485 or the Animal Welfare Act, as amended by RA
10631 (Annex “B”)
This Act, approved on 11 February 1998 and amended in 2013 by RA 10631,
aims to protect and promote the welfare of all animals in the Philippines and
allows the Bureau of Animal Industry (BAI) to supervise and regulate the
establishment and operations of all facilities, including zoos and any other
form of structure, utilized for breeding, maintaining, keeping, treating, or
training of all animals.
The Act also authorizes the BAI to supervise and regulate the transport of
such animals in any form of public or private transportation facility in order to
provide maximum comfort while in transit and minimize, if not totally eradicate,
incidence of sickness or death and prevent any cruelty from being inflicted
upon the animals. It requires the owner or operator of any land, air or water
public utility transporting pet, wildlife, and all other animals to provide in all
cases, adequate, clean, and sanitary facilities for the safe conveyance and
delivery thereof to their consignee.
Section 6 of the Act considers it unlawful for any person to torture any wildlife,
to neglect to provide adequate care, sustenance or shelter, or maltreat any
animal, or kill or cause or procure to be tortured or deprived of adequate care,
sustenance or shelter, or maltreat or use the same in unauthorized research
or experiments.
2.3 Executive Order 192 (Reorganization Act of the DENR)
Executive Order No. 192 of 10 June 1987 reorganizes the Department of
Energy, Environment and Natural Resources into the Department of
Environment and Natural Resources to protect and promote the quality of the
country’s environment. It tasked the DENR to give equal attention to
environmental concerns and natural resources concerns.
The Order, specifically Section 18 thereof, created the BMB and designated
the Bureau as the administering body for the Ninoy Aquino Parks and Wildlife
Center (formerly Parks and Wildlife Nature Center), which included the
Wildlife Rescue Center as one of its major components. The BMB is also
tasked to formulate and recommend policies, guidelines, rules and regulations
for the preservation of biological diversity, genetic resources, the endangered
Philippine flora and fauna.
9
Section 3. Rules and Regulations Relevant to Wildlife Rescue Center
3.1 Joint DENR-DA-PCSD Administrative Order No. 01, Series of 2004 – the
Joint implementing rules and regulations (IRR) of Republic Act No. 9147
(Annex “C”)
This Joint IRR requires the Secretary to establish wildlife rescue centers in the
Regional Offices to be placed under the direct supervision of the Protected
Areas and Wildlife Division of each Region (Sec 32, Rule 32.1), and
recognizes existing accredited wildlife rescue centers as temporary holding
facilities until such time that the regional wildlife rescue centers have been
established (Rule 32.2).
Section 28 of the DAO also requires that all wildlife, its derivatives or byproducts, and all paraphernalia and conveyances used in connection with
violations of the Act shall be ipso facto forfeited in favor of the government. It
also requires the apprehending agency to immediately cause the transfer of
all wildlife that have been seized or recovered to the nearest Wildlife Rescue
Center of the DENR.
It authorizes the BMB Director/Regional Executive Director to dispose
animals/plants presently maintained at Wildlife Rescue Centers, through
release or replanting, donation, loan, sale, exchange, transfer to other
government projects, repatriation, or euthanasia, in accordance with the
guidelines that shall be promulgated by the Secretary for the purpose (Rule
32.4).
It provides that welfare of the animals shall be given paramount consideration
in the management and maintenance of animals in zoos and similar
establishments (Rule 36.4[a]). It further provides that existing zoos and similar
establishments previously accredited by the DENR shall be assessed based
on the requirements specified in Rule 36.2 thereof and facilities that do not
satisfy said requirements shall be made to comply thereto (Rule 36.5). Among
the requirements set under Rule 36.2 are: i) project proposal, indicating
among others the species, quantity and source of stocks to be maintained,
and management schemes/operations; ii) development plan to include
physical/structural plan of facilities and location map; iii) proof of technical and
financial capability; iv) Environmental Compliance Certificate; and, v) Permit
to Operate from the Local Government Unit concerned.
3.2 DENR Administrative Order No. 2000-46 of 13 June 2000 - Guidelines on
the Establishment of Regional Wildlife Rescue Center (Annex “D”)
Under this DAO, Regional Wildlife Rescue Centers (RWRC) shall be
established to provide adequate care and maintenance for confiscated,
donated and/or abandoned wild plants and animals with the ultimate objective
of releasing/putting back to the natural habitats those which are fit to survive.
In cases where a Regional Office could not establish its own WRC, it may
10
recommend to the Secretary to enter into a Memorandum of Agreement
(MOA) with a private individual or entity.
This DAO sets the principles in the establishment of RWRC, from site
selection to basic facility and construction considerations to manpower
requirements. It requires the BMB and concerned Regional Office to evaluate
all existing RWRC and designated Wildlife Rescue Centers based on the
guidelines provided in said Order. RWRCs which do not conform with the
objectives and guidelines prescribed by the Order must either be renovated or
phased out. In the case of designated WRC, the MOA shall be terminated.
3.3 DENR Administrative Order (DAO) No. 36, S. of 1991 - Guidelines
governing the confiscation, seizure, and disposition of wild flora and fauna
illegally collected, gathered, acquired, transported, and imported including
paraphernalia
Section 6 of this DAO requires the wildlife apprehending agency to turn over
the seized/confiscated wild flora and fauna to the nearest CENRO / PENRO /
RED, as the case may be, for proper investigation and disposition. Wild flora
and fauna seized/confiscated by the DENR Central Office personnel shall
likewise be turned over to the concerned CENRO/PENRO/RED or to BMB for
further investigation and proper disposition.
In cases where the apprehension is made by the DENR Field Offices, the wild
flora and fauna and the paraphernalia used shall be, deposited at the
designated rescue centers in the region for safekeeping. In case wild flora or
fauna is confiscated by the DENR-NCR, it shall be deposited at BMB in
accordance Section 6.2 of DAO 36, Series of 1991.
In cases where the transfer of the seized wild flora and fauna to the above
places is not immediately feasible, the same shall be placed under the
temporary custody of any of the following places/individuals/groups taking into
consideration the safety of the confiscated wildlife:
a) licensed petshop owners or nursery owners/operators;
b) nearest local public official such as the Barangay Captain,
Municipal or City Mayor, Provincial Governor;
c) nearest PNP stations; or
d) any responsible person or groups in the community (e.g.
conservation NGO, PO, tribal leader, etc.).
In any case, the custody of the wild flora and fauna shall be duly
acknowledged and received by the person or officer taking custody thereof.
3.4 DAO No. 97-17 of April 29, 1997 - Establishing the Disposition Program
for Confiscated and Donated Wildlife in the Custody of DENR Wildlife Rescue
Centers and Similar DENR Facilities and Providing Guidelines Therefor
(Annex “E”)
11
This DAO provides in details the modes and manner by which wildlife species
in the custody of DENR WRCs and similar DENR facilities can be disposed of.
These modes of disposition, which matched the stipulations under the Joint
IRR of RA 9147 are: release to the wild, repatriation, use by the DENR
Projects or transfer to another government agency for official use, exchange,
loan, sale, donation, and euthanasia.
The Order emphasizes the accountability of the DENR Wildlife Rescue
Centers and similar DENR facilities over all wildlife, including derivatives and
by-products, as well as accessories accompanying the wildlife, such as,
cages, feeders, stands, and other paraphernalia turned over or donated to
said centers/facilities, and the need to document all wildlife disposition.
Further information regarding this Order are provided in Part IV, Section 4
hereof.
3.5 DAO No. 2009- 01 dated 30 June 2009 – Guidelines in establishing the
wild fauna marking and identification system (Annex “F”)
This Order requires wildlife rescue centers, among other facilities, to use
markings and identification systems to properly identify and monitor
individuals of birds, mammals and reptiles, including their progenies
maintained thereat. The markings and identification systems that may be
used depending on the species are microchips, tattoo, leg bands, wing
bands, dyes and paints, and tags. The provisions of the Order do not apply
to plants, live invertebrates and amphibians.
3.6 The New Government Accounting System (NGAS) Manual for Use in All
National Government Agencies, Volume 1, 2002
Section 499 of NGAS Manual provides the list of documents to support
request for relief from accountability for losses of government property. In
case of animals owned by the government, a certificate issued by a
veterinarian as to the cause of the animal’s death is among the required
supporting documents.
3.7 Wildlife Law Enforcement Manual of Operations (WLE-MOP) as adopted
and approved by the DENR Secretary for nationwide implementation as
DENR Memorandum Circular No. 2010-17 dated October 18, 2010
Under Chapter 5 of the WLE-MOP, which establishes the protocol on
apprehension, seizure and handling of seized wildlife, the apprehending
officers are required to transfer and turn over the wildlife
specimens/items/evidence apprehended to the nearest DENR Office
(CENRO, PENRO, Regional Office/DENR Rescue Center), DA-BFAR Office,
or PCSDS, as the case may be. In instances where the wildlife specimens
are suspected to have originated from SARS-infected or bird-flu infected
countries, the same shall be turned over to quarantine authorities for
observation and proper action (item 5.3.6.1 [1] of the Manual).
12
PART II. GENERAL PRINCIPLES IN THE OPERATION OF WRC
The operation of the WRC shall be guided by the following general principles:
Section 4. Wildlife Welfare
The welfare of captive wildlife must take precedence in all aspects of
management. Rescued wildlife often comes from very stressful situations
hence, wildlife taken into the WRC needs to be treated carefully. Wildlife
needs are often overlooked, thus, it is important to keep in mind each of the
following five internationally-recognized freedoms:

Freedom from thirst, hunger and malnutrition

Freedom from physical discomfort and pain

Freedom from injury and disease

Freedom from fear and distress

Freedom to conform to essential behavioural patterns
All these freedoms should determine the manner of housing, feeding,
management and care of wild animals in WRCs.
Section 5. Health
In many instances, the wild animals received by WRC are unhealthy and
would need to be restored to good health. Ensuring the welfare of the animals
is the key in the recovery of these animals. Also, many diseases can be
prevented by assuring the animals’ welfare.
All WRC personnel contribute to the health condition of the wildlife. Animal
keepers are especially important sentinels of wildlife health and are
considered the first line of defense in disease outbreaks. Together with
veterinarians and other technical staff, they prevent disease occurrence and
maintain the overall health condition of the animals. Keen observation, good
line of communication and good documentation by WRC personnel are crucial
in the early detection of abnormal behaviour and signs of illness. They are
also essential in diagnosing diseases.
Similarly, health of WRC personnel must be fully considered in the operation
of WRC. All measures must be taken to ensure that they are physically fit.
Safeguards to prevent possible disease transmission from human to animals,
and exposure to potential health risks and hazards posed by the animals must
be adopted.
13
Section 6. Hygiene
WRC must be free from any adverse conditions such as microbial infection,
disease occurrence, pest infestation, water stagnation, waste accumulation,
etc. that would compromise the health of humans and animals. Hygiene plays
an important role in breaking the chain of disease among animals and
between animals and man. Hence, all WRC staff should at all times observe
good hygiene to prevent cross-contamination and prevent possible
transmission of infection that may affect the health of the wildlife.
Sanitation is equally important in minimizing and preventing disease
occurrence. Soiled materials like bedding must be removed. Solid wastes
such as feces, unconsumed food/feeds and other waste materials should be
properly disposed of daily. A proper drainage system should be in place to
prevent water stagnation. The WRC’s enclosure floorings and surroundings
must be cleaned and disinfected regularly and maintained dry at all times.
Special attention should be given to the maintenance of cleanliness of
drinking and feeding utensils, wildlife enclosures and surroundings including
hygiene of WRC staff/personnel, in order to minimize the risk of disease
occurrence and transmission.
A veterinarian-approved pest control program should be available and
efficiently implemented within the WRC and its premises, including the food
preparation and food storage areas. The program should include measures to
prevent intrusion of domestic animals into WRC premises. The techniques or
methods employed should be properly documented and may be revised as
warranted.
Section 7. Feeding and Nutrition
Foremost, food similar or closest to their diet in the wild should be made
available and provided to the animals being maintained at WRC. Food to be
provided to the animals should be in accordance with their respective
nutritional and quantitative needs, condition, size and age.
Gathering the complete history of the animals being turned over to the Center
is beneficial to facilitate the diet transition. Only diet that would be accepted by
the animals must be provided to avoid unnecessary and additional stress that
may compromise the animal’s health. Off-feeding and special diets for
animals undergoing treatment or hand-rearing shall be observed, as
warranted by the attending veterinarian.
Food should be prepared and offered to the wildlife under hygienic conditions,
and the manner by which they are offered should follow the natural behaviour,
biology and ecology of the animal. Clean drinking water should be provided at
all times.
The feeding regimen prepared by the veterinarian should be strictly
implemented and should be reviewed periodically to detect nutritional
14
problems and provide valuable data for the development of new diets.
Generally, appropriate and right amount of food, about 10% of the animal’s
body weight, should be given to the animal.
Section 8. Transport and Handling
Wildlife welfare and keeper safety should be the utmost priority in the
transport and handling of wildlife. In all instances, the goal should be to
minimize stress and injury to the wildlife and to limit injuries to the wildlife
handler. Wildlife restraint should be performed only by experienced personnel
and, if possible, supervised by the veterinarian. Physical restraint should be
the first option, but chemical restraint should always be available in cases of
emergency and shall only be performed by a qualified veterinarian. There
should be no direct physical contact to the public during the period of restraint
and transport.
Section 9. Observation and Record-keeping
Good observation skills are one of the bases of proper wildlife management
and thus should be developed by the wildlife management team composed of
animal keepers, veterinarians and the WRC head or Officer-in-Charge. The
importance of this skill cannot be overemphasized, as early disease detection,
conflict resolution among individuals kept in herds or groups, signs of
impending breeding, enclosure quality, and other relevant aspects of
management are reliant on good observation.
Section 10. Shelter
Enclosures should have adequate space to allow the animals to exercise, and
the proper environment, such as shelter, hiding places, perches, feeding,
bathing, nesting, resting and isolation areas to enable them to show their
natural behavioural patterns and prevent possible occurrence of behavioural
problems. Perches, hides and shelters should be made of natural materials
and free from protrusions and sharp edges that may harm the animal or the
keeper. Provision of enclosure enrichment such as vegetation is encouraged.
PART III. FACILITY REQUIREMENTS
A Wildlife Rescue Center should have various facilities to meet the ultimate
goal of releasing the animals back to their natural habitat. These facilities
should have limited access, free from noise and other unnecessary
disturbances. The public shall be accommodated only in the designated
display/viewing area (See Section 11.9 hereof).
15
Section 11. Basic Facilities. A Wildlife Rescue Center should have the
following basic facilities:
11.1 Animal Receiving Area (ARA)
The ARA is where wild animals are accepted and initially assessed as to
their physical condition. It should be adjacent to the veterinary clinic and
quarantine area. It should be well-ventilated and provided with a
footbath, basic capture tools, restraining materials and portable cages.
Animal Acceptance and Health Record Forms must also be readily
available in this area. The ARA should be manned by a WRC staff
knowledgeable on wildlife identification. All animals received by the
Center shall be properly documented (See Section 13 hereof).
11.2 Quarantine Facility (QF)
Newly accepted wildlife not suitable for immediate release and those not
needing immediate medical attention and treatment shall be held at the
quarantine facility, where they will undergo close health assessment and
monitoring for a period of not less than thirty (30) days. The QF should
be isolated from the rest of WRC facilities and off-limits to the public. It
should be well-ventilated and provided with footbaths and disinfectant
sprays. This facility should be compartmentalized with temporary and/or
portable enclosures that could accommodate animals of various taxa at a
time. Each compartment should have electrical outlets for artificial lights.
The floor and walls of the QF should be made of materials that are easy
to clean and resistant to cleaning agents. Floors should be non-slippery
and should be slightly slanting downward to the drainage system to
facilitate drying. The drainage should be properly covered.
The QF should have a small table and sink. The QF should also be
equipped with a whiteboard where the veterinarian’s special instructions
on particular animals are posted. It must also be provided with a logbook
where the assigned animal keeper/caretaker shall record all observations
on animals therein.
WRC staff working at the QF should use PPE at all times.
11.3 Veterinary Clinic and Laboratory (VCL)
The VCL is the facility where apparently sick animals are examined and
temporarily housed for treatment. The Veterinary Clinic should be
located near the quarantine area. It should be well-ventilated and
provided with an examination table, basic diagnostic and treatment
instruments and materials; and, a range of drugs/medicines for
treatment. Stocking of drugs/medicines that are seldom used and/or
16
have short expiration period must be avoided.
purchased only when need arises.
They should be
The laboratory may be located within the clinic, or adjacent to it. Basic
laboratory equipment such as microscope and centrifuge should be
available to be able to perform basic laboratory tests such as fecalysis,
Complete Blood Count (CBC) and Packed Cell Volume (PCV) that are
necessary in evaluating the health status/condition of the animal. Ideally,
the laboratory should have a Veterinary Pathologist.
Laboratory analysis or examination of blood, fecal and other samples
should be referred to the nearest laboratory facility or to the Regional
Animal Disease Diagnostic Laboratory (RADDL) in case a WRC has no
laboratory or capacity to do the examination and analysis.
11.4 Commissary Area (CA)
The commissary area is the storage and preparation area of food for the
captive wild animals at WRC. This area should be equipped with a
refrigerator, freezer and a pantry. The pantry should be able to
accommodate dry, wet and fresh farm products. A space to temporarily
keep live prey may be designated within the CA.
It must have a working table, a large sink and vats (large basins) for
soaking food bowls, drinking troughs and other utensils for disinfection.
Equipment such as knives should be sharp and well-maintained to ease
the effort put into food preparation. Separate cutting boards for meat,
vegetables and fruits are recommended. A stove, a food processor and
cooking equipment should also be made available to meet the various
dietary needs of the animals. Other articles such as aprons, pot holders,
cleaning materials and disinfectants should also be accessible for use
exclusively in the food preparation area.
Strict sanitation in this area should be observed at all times to prevent
habitation of flies, rats, mice, cockroaches and other pests that might
contaminate food and other animal feeds.
11. 5 Pre-Release Area (PRA)
The PRA shall house animals which have completed the quarantine
period as well as the newly-accepted individuals found fit for release.
Enclosures in the PRA should simulate the natural environment of the
animals in preparation for their eventual release. In case of avian
species, enclosures should be big enough for the flight exercises. Also,
habitat simulation should be done through the provision of enrichment
materials, e.g. wooden perches, ropes, live prey (whenever appropriate),
etc., that will motivate the animals to display their normal behavioural
patterns. Animal-human interaction in this area should be minimized.
17
11.6 Holding Area
This area shall house animals that have completed the quarantine period
but require further assessment (e.g. animals of unknown origin) to
determine the mode of final disposition. Enclosures in this area may be
portable but must be spacious enough to allow free movement of the
animals and their easy capture for follow-up health assessments.
11.7 Post-mortem/Necropsy Area
Animals that died at WRC shall be brought to this area for post-mortem
examination (necropsy) to determine the cause of death. This area
should be located away from the receiving area, clinic and quarantine
facilities. A footbath should be available at the entrance. The area should
be enclosed and equipped with a necropsy table, freezer, sink, faucet
and hose. Storage areas for necropsy instruments, sample/specimen
containers
and
supplies
needed
for
labelling
of
carcasses/specimens/samples, as well as equipment necessary for the
disposal of carcasses should also be available in this area. It must have
a separate sewage channel and a septic tank, and should be equipped
with its own provisions for cleaning and disinfection at all times.
The necropsy table should be large enough to accommodate wildlife
weighing at least 50 kilograms. This table should have a separate outlet
for the fluids from the carcass. The outlet must be directly connected to
the sewage channel and septic tank.
Taxidermy or dry preservation of carcasses shall also be conducted in
this area, hence, materials and equipment for this purpose should
likewise be available in this area.
Mortalities involving confiscated animals, threatened endemic species
and CITES Appendix I exotic species as well as animals suspected to
have died of zoonotic diseases shall be prioritized for necropsy.
Animals that died due to obvious reasons such as in-fighting,
cannibalism, accidental circumstances, and calamity-related incidences
may not be subjected to post-mortem examination. In case of several
deaths (five or more) in a single species at a time, post-mortem
examination may be conducted in representative samples of not less
than 30% of the total number of mortalities. All mortalities should be
properly documented.
11.8 Carcass Disposal Area (Animal Burial Ground)
The carcass disposal area shall be the place exclusively designated for
burial of wild animals that died at the Center. It shall be adjacent to the
necropsy area, where entry is limited only to personnel authorized to
undertake post-mortem examination or handle dead specimens. The
burial pit should be at least 3 times the lateral height of the carcass.
18
Pegs with provision for labelling shall be made available at all times. The
veterinarian should oversee carcass disposal.
11.9 Display Area / Public viewing Area
This area shall house healthy animals not fit for release but can be used
for public education and recreation purposes. Display enclosures should
be situated away from the animal receiving area, clinic and quarantine
facilities to minimize the risk of disease transmission. Each enclosure
should have a proper signage, indicating therein relevant information
about the animals on display.
The enclosures where the animals for public viewing would be kept may
be divided according to animal group, e.g. mammals, reptiles, birds, and
amphibians, or according to the ecosystem where the animal occurs
(thematic approach). Social animals may be kept or placed together in
an enclosure.
Clean water should be given to animals at all times whether in the form
of baths, pools, ponds or other drinking sources.
Exhibit enclosures should have good drainage and ventilation. An
enclosure should always have a pre-enclosure access area located at
the enclosure entrance with double-doors to prevent possible escape of
the animal(s), and to ensure safety of keepers. Footbaths should be
constructed and installed at the entrance of each individual cage. Preenclosure areas should be accessible only to animal keepers and
authorized personnel. Service path walks leading to these areas should
be different from the path walks intended for the public.
Water source should be installed near the enclosures or easily
accessible from the enclosures.
Activities to promote and enhance public awareness and appreciation,
including guided tours, close animal encounters, may be undertaken in
the display area.
11.10 Stock Room
The stock room shall serve as storage for materials and equipment of the
WRC such as cleaning and enrichment devices, transport boxes and
crates, construction and carpentry tools as well as materials for handling
wildlife in captivity. Materials and equipment stored therein should be
properly secured.
11.11 Staff Quarters
Animal keepers and office personnel should have a staff quarter with a
kitchen, a locker room, a toilet and bathroom. Beddings should be
19
provided to accommodate staff who will conduct round-the-clock
monitoring of animals under intensive care and receive animals that may
be turned over beyond regular office hours.
Section 12. Other Facilities (Optional). The following may be established
as adjunct facilities of the WRC:
12. 1 Animal Hospital (AH)
As resources may allow, the VCL may be upgraded into an Animal
Hospital (AH) to accommodate a larger number of wild animals for
confinement and treatment. The AH shall be accessible to authorized
veterinarians and animal keepers only.
The AH shall have the following component rooms/units:
12.1.1 Surgery Room (SR)
Basic surgical and emergency procedures shall be performed in
this room. The SR should be provided with basic surgical and
anaesthetic equipment. Anaesthetic drugs and other surgical
materials should always be available and accessed only by
authorized personnel. It should also have adequate lighting and
ventilation, and a space to serve as a post-surgical recovery
area.
12.1.2 Intensive Care Unit (ICU)
Animals that require priority medical attention (e.g. severely
injured), special care (e.g. hatchlings), and constant monitoring
must be placed at the intensive care unit (ICU). This unit should
be provided with life-support equipment, i.e., heat lamps and/or
pads, oxygen tanks, ventilator, brooders, nebulizers, etc. It
should be well-ventilated and provided with adequate lighting.
12.1.3 X-ray Room
The X-ray Room should have a table, chair and cabinet to store
radiological supplies and a Dark Room for processing films. The
walls of the x-ray room must be covered with lead for safety and
protection. The operation and maintenance of an x-ray room
must be accompanied by necessary clearance/permit from the
Department of Health (DoH) and/or other appropriate
government agencies.
12.1.4 Pharmacy
All medicines, vaccines, and other medical supplies shall be
kept in the Pharmacy. This room should have cabinets to keep
20
the supplies and a refrigerator to solely keep vaccines and
medicines requiring cold storage.
12.2 Library
The library shall hold reference and information materials,
including veterinary books, journals, and magazines relevant to
WRC operations and captive wildlife management. These
materials should be properly catalogued. It should be equipped
with computer unit/s, and accessible to the general public.
PART IV. WRC OPERATIONAL PROCEDURES
This part of the Manual defines the standard operating procedures in the
acceptance, rehabilitation, maintenance and disposition of wildlife admitted at
the Wildlife Rescue Center. All WRC staff, in discharging their functions, must
observe the operational procedures described below.
Section 13. Wildlife Acceptance
The WRC shall accept wild fauna, their by-products or derivatives only. The
WRC shall not accept domestic animals and instead direct such cases to
appropriate government agency, i.e. BAI, or private animal clinics. All newly
accepted animals should not be fed or offered with drinking water to prevent
stress and any other untoward incidents, unless advised by the attending
veterinarian.
All wildlife accepted must be documented based on the following rules:
13.1
The WRC staff assigned at the Animal Reception Area (ARA) shall:
13.1.1 Fill up the Animal Acceptance Form (AAF) in three (3)
replicates clearly indicating the initial identity and number of
specimens accepted as well as information provided by the
person/s turning over the wildlife, by-products and derivatives.
The accomplished forms should be signed by the concerned
parties as indicated in the form. The following forms shall be
used depending on the condition/type of specimens involved:

WRC Form Number 1 (Annex G) for live wild animals; and

WRC Form Number 2 (Annex H) for wildlife by-products
and derivatives;
13.1.2 Present accomplished forms to the Veterinarian on duty for
confirmation of species identification and to countersign
acceptance forms;
13.1.3 Provide one copy of the AAF to the person/s turning over the
wildlife, retain the other copies for the WRC file and Property
21
Section. A photocopy of the AAF should be provided to the
Accounting and Audit Office;
13.1.4 Attach temporary tag or label on the cage/enclosure/box to
identify the wildlife therein. The tag or label should include the
AAF Number and the date of acceptance at the WRC. For
confiscated specimens, the evidence tag (Annex I) shall be
used to label the enclosure;
13.1.5 Take photos of the accepted specimens;
13.2
The Veterinarian on duty shall:
13.2.1 Ensure that photos of the accepted animals/specimens are
attached to the AAF prior to filing;
13.2.2 Perform the following:
i) On live animals:
i.a) conduct initial assessment of the newly accepted wildlife
to determine the health condition of the animals;
i.b) record significant observations such as signs of trauma,
wounds, external parasites, hydration, fractures and
other signs of diseases, if any, on the Animal Health
Record (WRC Form Number 3, Annex J);
i.c) obtain and record weight and morphometrics (body
measurements);
i.d) effect the transfer of the animal either to the QF, to the
VCL or PRA, based on the results of the initial health
assessment and in accordance with Part III, Section 11,
items 11.2, 11.3 and 11.5 hereof;
i.e) officially inform the Property Officer and Resident Auditor
of the newly accepted animals using WRC Form Number
4 (Annex K) for inspection/verification. The letter shall
include copy of the filled-up AAFs;
ii) On wildlife by-products and derivatives:
ii.a) confirm/validate the identity (as possible), description
and quantity of the specimens;
ii.b) effect the transfer of specimens to the storage facility;
ii.c) officially inform the Property Officer and Resident
Auditor following Part IV, Section 13, Item 13.2.2.i.e;
22
Section 14. Quarantine and Clinic Protocol/Procedure
14.1 The assigned Animal Keeper in the Quarantine and Clinic areas shall:
14.1.1 feed and offer clean drinking water to the animals based on
feeding regime or schedule set by the attending Veterinarian;
14.1.2 provide food supplements in the dosage, manner and schedule
set by the attending Veterinarian;
14.1.3 remove leftover food within two-three hours after feeding;
14.1.4 clean and disinfect the feeding materials and drinking troughs
before re-using;
14.1.5 attend to special care requirements of the animals as instructed
by the Veterinarian;
14.1.6 monitor all the animals and record all observations on said
animals in the logbook;
14.1.7 immediately inform the Veterinarian-on-duty of any abnormal
observations, including mortalities;
14.1.8 clean the cages and surrounding areas daily;
14.1.9 inspect the condition of the cages daily and facilitate repair, as
necessary to avoid escape or accidental release of animals;
14.1.10disinfect the cages every time these are vacated and before
reuse;
14.1.11 submit to the WRC In-Charge daily inventory and report on the
status of the animals under his/her care using WRC Form
Number 5 (Annex L).
14.2 The Veterinarian shall:
14.2.1 collect blood and fecal samples, choanal, nasal, oral and ocular
swabs for routine laboratory examination; as may be needed,
collect samples for testing of significant/emerging diseases,
such as avian flu, Ebola Reston virus, salmonellosis, etc;
14.2.2 facilitate the conduct of other laboratory examinations, e.g. xray, ECG, ultrasound with other laboratory facilities, as may be
necessary;
14.2.3 closely monitor the wildlife status and record observations and
laboratory results in the individual Animal Health Record of the
concerned wildlife;
23
14.2.4 administer disease preventive measures and treatments as
needed;
14.2.5 facilitate marking of the animal in accordance with DAO 2009-01
after its completion of the quarantine period, whenever
practicable and appropriate;
14.2.6 incorporate in the animal record/database the identification
mark/tag of the animal and ensure that markings/tags are
reflected on the enclosure where the animal is housed to
facilitate identification;
14.2.7 approve and effect the transfer of the animal to the Quarantine
Area, Pre-release Area, Holding Area or Display Area in
accordance with Part III, Section 11, items 11.2, 11.5, 11.6 and
11.10 hereof;
14.2.8 issue Health Certificate/s, as necessary (WRC Form Number 6,
Annex M);
14.2.9 declare and effect euthanasia of wildlife in accordance with Part
IV, Section 16, Item 16.5 of this Manual (WRC Form Number 7,
Annex N).
Section 15. Post-quarantine/Post-treatment Management
Animals that have completed the quarantine period and treatment measures
as determined by the WRC head/Veterinarian shall be transferred to the Prerelease area or display area as provided in Box 1 hereof.
15.1 The animal keeper assigned in said areas shall follow the care and
maintenance protocols provided under Part IV, Section 14. However, for
Item 14.1.1, the Animal Keeper shall provide food to the animal(s) in the
most discreet manner to avoid imprinting/association of the animal to
the Keeper. Live prey shall be provided to carnivorous animals to retain
their hunting skills and ensure their chances of survival in the wild in
case they would eventually be released back to their natural habitat.
15.2 The Animal Keeper shall include establishment of enrichment materials
in the enclosures;
15.3 The attending Veterinarian shall:
15.3.1 inspect daily the animals at the Pre-release, Holding areas and
display area, whenever feasible;
15.3.2 take note and address daily observation on the animals
recorded by the Animal Keepers assigned in said areas;
24
15.3.3 conduct health assessment of animals at the Pre-release Area
to ensure that the animals for release shall pose no imminent
danger to the local population of wildlife in the release site or to
public health and safety;
15.3.4 re-assess health condition of the animals both at the Holding
and Display Areas at least once a year and implement
necessary treatment and/or preventive measures, as necessary;
animals needing medical attention shall be subject to
procedures as mentioned in Part IV, Section 14, Items 14.2.1,
14.2.2 and 14.2.4 hereof;
15.3.5 issue Health Certificate/s, as necessary; and
15.3.6 update animal records based on the foregoing activities.
Box 1. Considerations in Selecting Appropriate Area/Cage for the Animals after
Post-quarantine/treatment Period
1. Animals fit for release shall be transferred to the Pre-Release Area and not to
the public viewing/display area and shall be managed in accordance with Part
IV, Section 14 hereof,
2. Animals not fit for release and are intended for public education shall be
transferred to the public viewing/display area;
3. Debilitated animals shall not be transferred to the public viewing area, unless
accompanied by a signage indicating the cause of the disability.
Section 16. Disposition of Live Animals
Live animals at WRC shall be disposed of through release to the wild,
donation, loan, use by DENR projects or transfer to other agencies, sale,
repatriation and euthanasia in accordance with DAO No. 97-17. The InCharge, WRC shall prepare and update list of animals for possible disposition,
including preferred modes of disposition.
Except animal disposition through euthanasia, all other animal dispositions
shall be subject to deliberation and recommendation by the Wildlife
Disposition Committee (DispoCom) and approval by the Director. Provided,
that disposition of animals through euthanasia shall be subject to conditions
and requirements enumerated under Part IV, Section 16, Item 16.5 hereof.
For the disposition of animals through release to the wild, the Director, upon
recommendation by the Chief, Wildlife Resources Division or the Chief,
Protected Areas and Wildlife Division, as the case may be, shall create a
Wildlife Release Team (WRT) who shall be responsible for animal release
activities following the procedures and requirements provided in this Manual.
The WRT shall, in all cases, include a resident/government veterinarian.
25
General considerations in the disposition of live wild animals are outlined in
Box 2.
Box 2. General considerations and requirements in the disposition of live animals
1. Animals that are in heat, pregnant, supporting/suckling a young, still dependent
on the parents for survival, or recuperating from sickness, injuries or diseases,
shall not be subject for disposition;
2. Animals which are in captivity for not more than 30 days may be released
immediately to the capture site upon certification by a licensed government
veterinarian that the same are in good health;
3. Only indigenous and endemic wild animals shall be released to the wild.
4. All dispositions should be fully documented and shall include the following:
4.1 Health Certificate issued by the attending government veterinarian;
4.2 Proof of Director’s approval to dispose the animals or any legal document or
instrument (e.g. Wildlife Loan Agreement, Deed of Donation, etc.) to effect
the disposition. In case of transfer of animals to other government agencies,
such transfer shall be subject to a Memorandum Receipt (MR);
4.3 Photo-documentation;
5. All animals for disposition should be properly marked in accordance with DAO
2009-01;
6. Local transport of animals for disposition should be covered by a Local
Transport Permit issued by the DENR Regional/Field Office nearest the WRC,
as necessary;
7. Transport of the animals to be disposed should be in accordance with the
guidelines mentioned in Part V, Section 19; and,
8. Disposition records should be incorporated in the WRC database.
16.1 Procedures in releasing animals back to the wild
In case the exact origin or capture site of the animals for release is not
ascertained, follow the procedures below. In case the exact origin or
capture site of the animals for release is ascertained, start the process
from item 16.1.3 below.
16.1.1 assess potential release areas as to their suitability based on
availability of food for the animals to be released, habitat types
and status, accessibility, peace and order condition, among other
factors;
16.1.2 identify/select the release site based on the assessment results;
26
16.1.3 conduct health assessment of animals for release in accordance
with Part IV, Section 14, items 14.2.1 to 14.2.7 hereof;
16.1.4 secure prior clearance/consent from concerned PAMB, local
government unit(s) and/or community(ies)
managing or
exercising rights over the proposed release site;
16.1.5 conduct information and education campaign in concerned
communities to gain support and prevent possible recapture of the
animals for release;
16.1.6 request the Property Officer and Audit Officer to inspect the
animals for release and join in the release activity;
16.1.7 release the animals through “hard” or “soft” method (please see
Box 3) depending on the recommendations of the Veterinarian
based on the nature and behaviour of the animals;
16.1.8 secure a certification from the concerned PAMB member or LGU
certifying that the animal(s) were brought and actually released to
their area of jurisdiction (WRC Form Number 8, Annex O);
Box 3. Release Methods
1.
Hard release is a method where animals are freed immediately to the
identified release site, preferably to the place where they were found. In this
method, there is no attempt to establish a pattern of return for food. To
release, the animal/s should be allowed to rest inside the transport boxes for
about ten (10) minutes upon reaching the release site, then the box is opened
to free the animal/s. The animal’s behaviour after release shall be observed
and documented.
2.
Soft release is a method where animals are gradually introduced to the new
environment prior to actual release. The animals are placed in a “hacking
cage” for acclimatization in the release site for at least a week prior to actual
release. At least one (a) third of the hack cage roof area is built in a manner
that can be easily and quietly opened. During the acclimatization, the animals
are closely observed and allowed to look for food. Supplemental feeding may
be opted in case the animals fail to hunt/find food on their own. Food may be
strategically provided in the release site and reduced/withdrawn gradually
until the released animals are independent of the food provision.
16.1.9 in coordination with or through the assistance of DENR field
personnel/community/LGUs/partner-NGO, monitor status of the
released animals based on the following frequencies and
guidelines found in Box 4:
16.1.9.a. continuously for a period of at least a week after release;
16.1.9.b. once a month for at least three consecutive months;
16.1.9.c. every three months for at least two quarters; and,
27
16.1.9.d. once a year
Box 4. Post-release Monitoring Methodology
Post release monitoring can be done either thru survey or local
interview or both depending on the species. Information to be
determined in either method includes date, time, weather condition,
activity and morphological condition when the animal/s are observed,
as well as, animal mortality reported or observed, if any.
16.2 Procedures in Disposing Live Animals thru Donation, Loan and Use by
DENR Projects or Transfer to another Government Agency
The Head/In-Charge of WRC and DispoCom Secretariat shall:
16.2.1 Conduct initial evaluation of requests for animals at WRC as to:
16.2.1.a whether the animals being requested are included or not
in the list of excess animals for disposition;
16.2.1.b completeness of the documentary requirements, such
as:
i) Clearance to Operate; or Wildlife Farm Permit; or
Memorandum of Agreement/Understanding with the
DENR relevant to ex-situ conservation;
ii) Proofs of financial and technical capability;
iii) Conservation Breeding and Management Plan (if
purpose of request is for conservation breeding);
iv) Pictures of the existing facility or enclosures intended
for the requested animals;
16.2.2 In case the documents submitted are incomplete, inform the
requesting party of lacking requirements;
16.2.3 If the documents are complete:
16.2.3.a Inspect or cause the inspection of the facility to
determine appropriateness of the enclosures for the
animals being requested;
16.2.3.b Prepare
Inspection
recommendations;
Report
including
28
16.2.4 Present the results of evaluation and inspection, including
recommendations to the DispoCom;
16.2.5 Document the DispoCom Meeting proceedings giving emphasis
to the Committee recommendations;
16.2.6 Prepare Memo to be signed by the DispoCom Chair requesting
Director’s approval of the DispoCom recommendations to
dispose the excess animals at WRC through loan, donation
and/or transfer to other government agency(ies) and other
related action documents, i.e. communication memos for
concerned regions, letters to the requesting party, etc;
16.2.7 If the request is approved, the following shall be conducted:
16.2.7.a Assess health condition of the animals following the
procedures provided under Part IV, Section 14, Items 14.2.1
to 14.2.7 hereof;
16.2.7.b Prepare appropriate legal instrument, i.e. Deed of Donation
(Annex P), Wildlife Loan Agreement (Annex Q) or
Memorandum Receipt. The guidelines and considerations in
disposing live animals to other entity/ies through donation,
loan and use by DENR projects or transfer to another
government agency are presented in Box 5;
16.2.7.c Endorse the draft instrument/s to the Director, through proper
channel/s, for perusal and/or transmittal to concerned
party(ies);
16.2.7.d Work for the
instrument;
notarization
of
approved/signed
legal
16.2.7.e Distribute copies of the notarized instrument to concerned
parties/offices, including the Office of Resident Auditor;
16.2.7.f
Maintain a file copy of the instrument;
16.2.7.g Secure a Local Transport Permit from the concerned DENR
Regional/Field Office;
16.2.7.h Coordinate with the Property Section and Resident Auditor’s
Office and on the inspection of the animals to be disposed;
16.2.7.i
Facilitate the issuance of Gate Pass (WRC Form Number 9,
Annex R);
16.2.7.j
Prepare the animals for transport following Part V, Section
19 of this Manual;
29
Box 5. Guidelines and Considerations in Disposing Live Animals and/or by-products
to other Entities through Donation, Loan and Transfer to other DENR Projects
or Government Agency
I. Donation
Animals and their by-products may be donated for scientific, educational, official or public
display purposes to any public or private institution, organization, or agency, both local and
foreign.
1.
2.
3.
4.
The purpose for which the requested animals/specimens are to be used must be clearly
stated in the Deed of Donation;
The requesting party must pay all costs associated with the donation, including the costs of
storage and transportation;
The donee must submit to the Director a report relating to the birth or death of donated
animal/s immediately upon the occurrence of said natural phenomena;
Any donation is lifetime unless cancelled as specified under DAO 97-17;
II. Loan
Animals and their by-products may be loaned for conservation propagation, scientific
researches, educational, official or public display purposes to any institution, organization, or
agency, both local and foreign.
1.
2.
3.
4.
5.
The purpose for which the animals/specimens being requested are to be used and the
duration of the loan must be mutually agreed upon by concerned parties and must be
clearly stated in the Wildlife Loan Agreement;
The borrower must pay all costs associated with the loan, including the cost of storage and
transportation;
The borrower must report regularly on the status of the loaned wildlife. Any mortality
resulting from negligence of the borrower as may be established by an investigating body
created by the Director or concerned Regional Executive Director for the purpose is a
sufficient ground for the cancellation of the loan agreement;
The borrower shall allow duly authorized DENR officers and employees complete access
to its facility to inspect and monitor status of the loaned wild animal;
All loaned animals, including their progenies, and their by-products shall remain property of
the Philippine government and may be retrieved anytime as deemed necessary;
III. Use by other DENR Projects or Transfer to another Government Agency
Any wildlife, live and/or their by-products, may be used by the DENR Projects or transferred to
another government agency, including foreign agencies, for official use, including but not
limited to one or more of the following purposes:






1.
2.
3.
Enhancing the propagation or survival of a species and for other scientific purposes;
Training government officials/employees to enhance their technical capabilities in the
performance of their official duties;
Educating the public concerning the conservation of wildlife;
Conducting law enforcement operations in performance of official duties;
Presenting as evidence in a legal proceeding involving the wildlife;
Identification purposes including forensic identification, taxonomic studies and other
scientific researches, subject to the relevant provisions of RA 9147, as appropriate.
Each transfer shall be fully documented;
The recipient shall bear all costs associated with such transfer;
The recipient shall assume full responsibility over the animals upon receipt thereof and
throughout the period duration in their custody.
30
16.2.7.k Effect the disposition and cause the photo-documentation of
the actual turn-over of the animal/s. If animals are to be
loaned, assign WRC staff to accompany the animals during
transport;
16.2.8 If the request was disapproved, immediately inform the
requesting party.
16.3 Procedures in Disposing Live Animals, By-Products and Derivatives thru
Sale
The Head/In-Charge of WRC shall:
16.3.1 Prepare the list and quantity of live wildlife, by-products and
derivatives for sale in accordance with the guidelines as
indicated in Box 6;
16.3.2 Submit, thru channel the list of animals, by-products and
derivatives for sale to the Chief, Administrative and Finance
Division for public bidding and further appropriate action in
accordance with COA and accounting rules and regulations;
16.3.3 Secure copy of Deed of Sale for the animals, by-products and
derivatives sold for filing.
Box 6. Guidelines and Considerations in Disposing Live Animals thru
Sale
1. Animals that are allowed for commercial propagation, such as
monkeys and butterflies, may be sold or offered for sale to legitimate
wildlife farm permittees at fair market value.
2. Other species or sub-species may be sold or offered for sale under
the following categories:
2.1. Species considered as Economically Important Species under
Department Administrative Order Number 2012-___ ; and
2.2 Species listed under Appendices II and III of the CITES.
6.4.
Procedures in Disposing Live Animals thru Repatriation
Any live exotic animal may be repatriated to its country of origin for
possible release to their natural habitat or final disposition in
accordance with the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) rules and regulations.
In disposing wild animals through repatriation, the Head/In-Charge of
WRC shall:
16.4.1 Seek approval of the DispoCom and the Director;
31
16.4.2 In coordination with the CITES Unit of the Bureau, seek
concurrence of the country of origin with the repatriation plan;
16.4.3 Seek interest of other range state/s in case the country of origin
is not interested with the repatriation of the animals;
16.4.4 Assess the health condition of the animals and administer
necessary treatment following the procedures under Part IV,
Section 14, Items 14.2.1 to 14.2.7 hereof upon receipt of written
concurrence from the concerned country;
16.4.5 Facilitate the issuance of export documents (i.e. CITES Export
Permit, Veterinary Health Certificate);
16.4.6 Prepare the animals for transport following Part V, Section 19
hereof;
16.4.7 Effect and photo-document the repatriation.
16.5
Procedures in Disposing Live Animals thru Euthanasia
The Head/In-Charge of WRC shall:
16.5.1 Determine the animals to be disposed thru euthanasia based on
the considerations as indicated in Box 7;
16.5.2 Through a licensed veterinarian, effect the euthanasia in a
humane manner using approved euthanasia drugs;
16.5.3 Ensure photo-documentation of the euthanasia process;
Box 7. Considerations in Disposing Live Animals thru Euthanasia
The animals may be disposed of through euthanasia, under the following
circumstances:
1. If the animals are afflicted with fatal, communicable or incurable diseases
or are suffering from serious and severely infected injuries and wounds
which are beyond treatment;
2. If incapacitated due to loss or degeneration of vital organs/parts of the
body;
3. If euthanasia is deemed necessary to put an end to the misery suffered by
the animal;
4. If the animal is recognized as an Invasive Alien Species (IAS) or
Potentially Harmful Exotic Species (PHES) as determined by the BMB
Director.
16.5.4
Attach to the animal’s Health Record Form the bases [clear
reasons behind the decision] to euthanize the animal and the
method of euthanasia used in accordance with Part IV, Section
14, Item 14.2.9;
32
16.5.5 Submit to the Director within three (3) days, a report on the
euthanasia conducted, copy furnished, the Disposition
Committee, Accounting and Property Sections and Auditing
Office. The report must be supported by the following
documents:
i) certification issued by the In-Charge, WRC as to the actual
health condition/status of the animal prior to euthanasia;
and,
ii) photo-documentation.
Section 17. Handling and Disposition of Animal Mortalities
Death of animals at WRC is inevitable. However, animal mortalities should be
fully documented, following the procedures enumerated below, and recorded
in the WRC database.
17.1
The animal keeper shall:
17.1.1 record mortalities in the keeper’s log book, inventory record, and
WRC Mortality Record Book;
17.1.2 fill-up and accomplish the Animal Mortality Tag (WRC Form
Number 10, Annex S) and have it countersigned by the
Veterinarian-on-duty for confirmation and verification;
17.1.3 attach the tag to the carcass’ leg, limb, head, neck or tail;
17.1.4 wrap the carcass with newspaper or place it in a plastic bag,
label for identification, and keep it in the freezer, if the
veterinarian cannot perform necropsy immediately;
Box 8. Guidelines in Performing Post-mortem Examination
Post-mortem examination should be performed within a few hours after death. In
case this is not feasible, the carcass should be initially kept in the freezer and the
post-mortem examination must be done the soonest time possible. Ideally, all
deaths should be subjected to necropsy. However, in cases of several deaths on
single species at a time, necropsy may be conducted on representative samples of
at least 30% of total deaths.
17.2
The veterinarian shall:
17.2.1 inform and request inspection of the carcass by the concerned
units (i.e. Property Section and Audit Office) using WRC Form
Number 11 (Annex T);
33
17.2.2 conduct a thorough post-mortem examination on the dead
animals following the guidelines as specified in Box 8 and
ensure that all observations, especially significant lesions, are
photo-documented and recorded on the Necropsy Report Form
(WRC Form Number 12, Annex U);
17.2.3 collect tissue samples during the post-mortem examination
process for confirmation of cause of death, as necessary, and
ensure that all samples collected from the carcass are properly
labelled to include information on the reference and/or
identification number of the animal, and the dates of death and
collection of samples and should be recorded on the Necropsy
Report Form;
17.2.4 record results/findings of the histopathological examination
conducted on the tissue samples collected, as soon as
available, in the Necropsy Report Form;
17.2.5 coordinate the disposal of the carcass with Auditor’s Office and
Property Section and effect disposal in accordance with the
protocol as provided in Box 9 hereof;
17.2.6 record the disposal in the Necropsy Report and include such
information in the database.
Box 9. Carcass Disposal Protocol
Remains of animals that died due to diseases should be immediately buried in the
designated carcass disposal area, except when the best method to dispose the
carcass is through cremation. The burial ground shall be marked with a peg
indicating the species’ name and the date of burial. Those that died due to old age,
stress, accident and other natural causes may be preserved for public education and
scientific purposes or donated to scientific institutions, academe and other
government offices, subject to proper documentation and clearance by the Director or
concerned authority.
PART V. OTHER MANAGEMENT GUIDELINES AND PROCEDURES
Section 18. Procedures in the Commissary
Feed and nutrition play vital roles in the rehabilitation of the rescued animals.
It is important that only fresh, good quality feed shall be provided to the
animals.
The staff assigned in the Commissary shall:
18.1
prepare food for the captive animals according to the feeding regimen
prepared by the veterinarian or the In-charge, WRC;
34
18.2
provide food supplements and prepare special food or treats as
prescribed and recommended by the veterinarian or the In-Charge,
WRC;
18.3
record food supply deliveries and daily consumption;
18.4
maintain the cleanliness, including proper disinfection, of the kitchen
and its surroundings, equipments kept therein and feeding utensils and
troughs;
18.5
whenever and wherever applicable, take care of live prey to be
provided to the captive animals at WRC.
Section 19. Transport of Animals
The welfare of the animals and the safety of the handler/keeper must always
be taken into consideration during transport. Animal stress should be
minimized and infliction of injury to both the animals being transported and its
keeper should be avoided or at least minimal. The goal should be to minimize
stress and injury to animal and to limit injuries to the handler.
The considerations in transporting the animals are outlined below:
19.1
Animals to be transported should be contained in a well-ventilated
container with no sharp or protruding objects that could cause injury
nor contain treatment of any paint, preservative or other chemicals that
may be harmful to the health and well-being of the animal. The lid, door
or other opening of the transport container should be secured to
prevent the animal from escaping;
19.2
Visual stimuli of the animal inside the transport container should be
limited by covering the container with a cloth, towel, blanket, etc.;
19.3
A sturdy, covered board box with pencil-sized holes punched into it
provides a great transport container for most birds. Wire cages can
cause serious injury and feather damage;
19.4
Plastic boxes with holes punched into it are great transport containers
for most reptiles;
19.5
Mammals are best transported in steel cages or wooden transport
boxes with sufficient ventilation holes;
19.6
Birds and reptiles may be wrapped in cheese cloth or placed in snake
bag (made of cheese cloth) if transporting in short distances only;
35
19.7
For transporting animals in long distances, the following should be
observed:
19.7.1 A thick layer of ravel-free, non-slip material (i.e., carpet pad)
should be provided on the bottom of the transport container to
provide secure footing for the animal;
19.7.2 Enclosures should be distinctly and prominently labeled.
Examples of labels include ‘Dangerous Animal,’ ‘Venomous
Reptile,’ ‘This Side Up,’ ‘Do Not Tilt,’ ‘Do Not Feed Animal,’ and
other visible warning signs;
19.7.3 The transport container should be placed securely in the vehicle
to prevent excessive movement (tilting, slipping or falling)
during transport;
19.7.4 Suitable and sufficient food and water should be made
available to the animal during transport, unless advised by the
attending veterinarian;
19.7.5 The International Air Transport Association (IATA) rules,
regulations, and requirements shall be observed for air
transport.
Box 10. General rules in the transport of animals
1. Animal/s should be transported during the coolest time of the day, as much as
possible;
2. Animal/s shall not be transported in cases of extreme weather conditions;
3. Transport enclosures should be protected from direct sunlight, excessive rain,
extreme heat, noise, gases and fumes; and,
4. Transport enclosures should also be secured and protected from public viewing.
Section 20. Restraint and Handling of Animals
Animals should not be handled or restraint, unless extremely necessary. Nonphysical contact to control movement of animals is always encouraged as the
first option. However, this may not always be the case in a Wildlife Rescue
Center as certain procedures in assessing the health condition of the animal
require handling and animal restraint. If physical handling of the animals is
unavoidable, it should be performed without causing unnecessary stress to
the animal. Restraint and handling may be through physical or chemical
means.
36
20.1
Basic Considerations:
20.1.1 Knowledge of the biology and behavior of animal to be
handled is a prerequisite at all times;
20.1.2 Restraint shall only be done when an animal is to be moved,
examined or subjected to any procedure (drug administration,
collection of samples, etc);
20.1.3 Only trained personnel shall handle and restrain animal/s;
20.1.4 Handlers must wear personal protective equipment (PPE) and
should stay alert at all times. Dazed and/or stunned animals
can still suddenly attack, run, charge, or bite;
20.1.5 Handlers must not touch, bring or carry any food and/or eat
while handling or restraining wild animal as this may entice the
animal to grab the food and cause injury to the handler;
20.1.6 Handling prey animals must be avoided before handling any
predator animal;
20.1.7 Loud noises or sudden movements should at all times be
avoided during handling and restraint;
20.2
Restraint Methods
The following restraint method/s may be used to handle and control animals:
20.2.1 Physical/Mechanical Restraint :
Physical/Mechanical Restraint is also known as Manual Restraint. This
method uses enough force, with or without the aid of restraining
equipment or materials, such as chutes, corrals, squeeze cages,
towels, hoods and darkened enclosures, in limiting the movement of
the animal. This method is commonly employed during physical
examination, collection of samples and drug administration.
20.2.2 Chemical Restraint:
Chemical restraint is a method of immobilizing animals using approved
and registered chemical substances. This method is only resorted to
when physical or mechanical means are not feasible, or when the
animal is too vicious, intractable, and too large to handle.
The following shall be considered in performing chemical restraint:
i)
Only a licensed veterinarian shall perform chemical restraint
procedures;
37
ii) Instruments used for chemical restraint should be handled with
extreme caution to prevent accidental delivery of the drug to the
operator performing the procedure and/or injury to other persons
present;
iii) Chemical agents given to the animal/s should be based on their
given or estimated body weight/body mass;
iv) The appropriate reversal agent or antidote to the chemical agent
should be available at all times;
v) To ensure the safety of the animal under sedation, vital signs
should always be monitored;
vi) Animals should be fasted at least 24 hours prior to sedation,
unless in an emergency situation;
vii) Avian species should not be chemically restrained unless
necessary, e.g. surgical operation;
viii) Caution should be exercised when sedating reptile species as
environmental factors affect the absorption, metabolism and
excretion of the drug;
ix) During the recovery period, wild fauna should be placed in a
secure, safe, and quiet environment.
Section 21. Sanitation and Disinfection
Sanitation and disinfection should be strictly implemented in a Wildlife Rescue
Center to minimize and possibly prevent disease occurrence and
transmission.
Basic Considerations:
21.1
Only non-toxic agents shall be used in the cleaning and disinfection of
facilities, enclosures and feeding utensils;
21.2
Disinfectants used should vary every two (2) months to avoid possible
development of microbial resistance. Only disinfectants prescribed by
the veterinarian should be used;
21.3
All feed and water containers, as well as feeding utensils and knives
should be daily cleaned and disinfected and hung to dry before the
next use;
21.4
The food storage bins/containers should be cleaned, disinfected and
dry before loading with the new stock to prevent microbe growth;
21.5
Measuring/serving cups used in the food storage bins/containers
should always be kept dry and should not be used interchangeably
between bins.
38
Section 22. Health and Hygiene of Staff/Personnel
Animal keepers are often in close contact with animals hence, it is very
important that they are always in a good state of health. Diseases can be
spread through them since animal keepers come in contact with different
animals and perform different tasks within the day. It should be kept in mind
that there are some diseases of humans that can infect animals and vice
versa, and these are called zoonotic diseases. These diseases can pose
threat to both human and animals and become occupational hazards.
Basic Considerations:
22.1
Animal keepers who are sick, not feeling well or drunk are discouraged
from handling animals or preparing food of the animals;
22.2
Personnel Protective Equipment (PPE) [i.e., scrub shirt and pants,
boots, mask] should be worn while working at WRC. PPEs worn while
dealing with dead animals should be replaced/changed if apparently
normal and healthy animals shall be handled;
22.3
Strict personal hygiene of the animal keepers should be implemented
at all times:
22.3.1 Proper washing of hands before and after provision of food;
22.3.2 Proper washing of hands before and after handling animals;
22.3.3 Taking a bath before leaving the Center premises, especially
when the animal handled is suspected with an
infectious/contagious disease;
22.4
Smoking and drinking of alcoholic beverages is prohibited when
working around animals or when preparing food;
22.5
All Wildlife Rescue Center staff should have an annual vaccination
against the following: Rabies, Tetanus, Hepatitis and other possible
disease, as necessary.
Section 23. Animal Recording and Accountability
Records of all animals received shall be incorporated in the animal
database. The database should be updated as often as possible to keep track
of the status of the animals. Each animal should have its own Health Record
and all observations, treatment regimes and other pertinent procedures done
to the animals should be well documented and recorded in their respective
Health Record.
After the 30-day quarantine period, the animals will become part of the
government property and the In-Charge, WRC shall be accountable for their
39
loss, deaths and disposal. All animal keepers should maintain a daily
inventory of the animals under their care and shall likewise be responsible for
the animal’s loss or death, especially if such was proven to be due to his/her
negligence and misconduct.
To request for relief from property accountability, the following
documents should be submitted to the Auditor: necropsy reports, deed of
donation, deed of sale, certificate of release, certificate of turn-over, among
other documents as specified in Section 499 of the New Government
Accounting System (NGAS) Manual for Use in All National Government
Agencies, Volume 1, 2002 (Annex G) accompanied by an affidavit.
23.1
Animal Loss Management
It is of utmost concern and responsibility of all animal keepers to maintain the
soundness of the enclosures under their care and ensure the safety and
security of the animals kept therein. In case of animal loss, the following
should be done:
23.1.1 The assigned animal keeper should inform the Guard-on-Duty and
WRC In-Charge about the missing animal/s; and both of them should
determine the cause of loss, e.g., accidental escape, theft, predation,
among others;
23.1.2 The assigned animal keeper should prepare an Incident Report, duly
noted by the WRC In-Charge and Guard-on-duty, on the loss of the
animal, incorporating therein the initial findings on the cause/s of the
loss of the animal/s;
23.1.3 If the animal is suspected to have escaped, the animal keeper should
exert all efforts to recapture the animal and shall prepare a follow-up
report one week after the incident, duly noted by the WRC In-Charge;
23.1.4 If the animal is suspected to have been stolen, the WRC In-Charge
should forward the Incident Report of the animal keeper to the
Director thru appropriate channels. A copy of the report shall also be
provided to the Security Force for further investigation. The
concerned animal keeper, in coordination with the Security Force,
shall secure a Police Report on the incident.
40
ANNEX A
Republic Act No. 9147 or the Wildlife Resources
Conservation and Protection Act of 2001
41
Republic of the Philippines
(a) Congress of the Philippines
Metro Manila
Eleventh Congress
Fifth Special Session
Begun and held in Metro Manila, on Monday, the nineteenth day of March, two thousand one.
[REPUBLIC ACT NO. 9147]
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF
WILDLIFE RESOURCES AND THEIR HABITATS, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES.
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
Assembled:
CHAPTER 1
GENERAL PROVISIONS
Section 1. Title. – This Act shall be known as the “Wildlife Resources Conservation
and Protection Act”
Section 2. Declaration of Policy. – It shall be the policy of the State to conserve the
country’s wildlife resources and their habitats for sustainability. In the pursuit of this policy,
this Act shall have the following objectives:
(b) to conserve and protect wildlife species and their habitats to promote
ecological balance and enhance biological diversity;
(c)
to regulate the collection and trade of wildlife;
(d) to pursue, with due regard to the national interest, the Philippine
commitment to international conventions, protection of wildlife and their habitats;
and
(e) to initiate or support scientific studies on the conservation of
biological diversity.
Section 3. Scope of Application. – The provisions of this Act shall be enforceable for
all wildlife species found in all areas of the country, including protected areas under Republic
Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS)
Act, and critical habitats. This Act shall also apply to exotic species which are subject to
trade, are cultured, maintained and /or bred in captivity or propagated in the country.
Section 4. Jurisdiction of the Department of Environment and Natural Resources and
the Department of Agriculture. – The Department of Environment and Natural Resources
(DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to crocodiles, waterbirds and all
42
amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all
declared aquatic critical habitats, all aquatic resources, including but not limited to all fishes,
aquatic plants, invertebrates and all marine mammals, except dugong. The Secretaries of the
DENR and the DA shall review, and, by joint administrative order, revise and regularly
update the list of species under their respective jurisdiction. In the Province of Palawan,
jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development
pursuant to Republic Act No. 7611.
CHAPTER II
DEFINITION OF TERMS
Section 5. Definition of Terms. – As used in this Act, the term;
(a) “Bioprospecting” means the research, collection and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom solely for
commercial purposes;
(b) “By-product or derivatives” means any part taken or substance extracted from
wildlife, in raw or in processed form. This includes stuffed animals and herbarium
specimens;
(c) “Captive-breeding/culture or propagation” means the process of producing
individuals under controlled conditions or with human interventions;
(d) “Collection or collecting” means the act of gathering or harvesting wildlife, its
by-products or derivatives;
(e) “Conservation” means preservation and sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat;
(f) “Critically endangered species” refers to a species or subspecies that is facing
extremely high risk of extinction in the wild in the immediate future;
(g) “Economically important species” means species which have actual or potential
value in trade or utilization for commercial purpose;
(h) “Endangered species” refers to species or subspecies that is not critically
endangered but whose survival in the wild is unlikely if the causal factors continue operating;
(i) “Endemic species” means species or subspecies which is naturally occurring and
found only within specific areas in the country;
(j) “Exotic species” means species or subspecies which do not naturally occur in the
country;
(k) “Export permit” refers to a permit authorizing an individual to bring out wildlife
from the Philippines to any other country;
(l) “Gratuitous permit” means permit issued to any individual or entity engaged in
noncommercial scientific or educational undertaking to collect wildlife;
(m) “Habitat” means a place or environment where a species or subspecies naturally
occurs or has naturally established its population;
43
(n) “Import permit” refers to a permit authorizing an individual to bring in wildlife
from another country;
(o) “Indigenous wildlife” means species or subspecies of wildlife naturally occurring
or has naturally established population in the country;
habitat;
(p) “Introduction” means bringing species into the wild that is outside its natural
(q) “Reexport permit” refers to a permit authorizing an individual to bring out of the
country a previously imported wildlife;
(r) “Secretary” means either or both the Secretary of the Department of Environment
and Natural Resources and the Secretary of the Department of Agriculture;
(s) “Threatened species” a general term to denote species or subspecies considered as
critically endangered, endangered, vulnerable or other accepted categories of wildlife whose
population is at risk of extinction;
(t) “Trade” means the act of engaging in the exchange, exportation or importation,
purchase or sale of wildlife, their derivatives or by-products, locally or internationally;
(u) “Traditional use” means utilization of wildlife by indigenous people in
accordance with written or unwritten rules, usage, customs and practices traditionally
observed, accepted and recognized by them;
(v) “Transport permit” means a permit issued authorizing an individual to bring
wildlife from one place to another within the territorial jurisdiction of the Philippines;
(w) “Vulnerable species” refers to a species or subspecies that is not critically
endangered nor endangered but is under threat from adverse factors throughout its range and
is likely to move to the endangered category in the near future;
(x) “Wildlife” means wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are being bred or propagated;
(y) “Wildlife collector’s permit” means a permit to take or collect from the wild
certain species and quantities of wildlife for commercial purposes; and
(z) “Wildlife farm/culture permit” means a permit to develop, operate and maintain a
wildlife breeding farm for conservation, trade and/or scientific purposes.
44
CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
ARTICLE ONE
General Provision
Section 6. Wildlife Information. – All activities, as subsequently manifested under
this Chapter, shall be authorized by the Secretary upon proper evaluation of best available
information or scientific data showing that the activity is, or for a purpose, not detrimental to
the survival of the species or subspecies involved and/or their habitat. For this purpose, the
Secretary shall regularly update wildlife information through research.
Section 7. Collection of Wildlife. – Collection of wildlife may be allowed in
accordance with Section 6 of this Act: Provided, That in the collection of wildlife, appropriate
and acceptable wildlife collection techniques with least or no detrimental effects to the
existing wildlife populations and their habitats shall, likewise, be required: Provided, further,
That collection of wildlife by indigenous people may be allowed for traditional use and not
primarily for trade: Provided, furthermore, That collection and utilization for said purpose
shall not cover threatened species: Provided, finally, That Section 23 of this Act shall govern
the collection of threatened species.
Section 8. Possession of Wildlife. – No person or entity shall be allowed possession
of wildlife unless such person or entity can prove financial and technical capability and
facility to maintain said wildlife: Provided, That the source was not obtained in violation of
this Act.
Section 9. Collection and/or Possession of By-products and Derivatives. – Byproducts and derivatives may be collected and/or possessed: Provided, That the source was
not obtained in violation of this Act.
Section 10. Local Transport of Wildlife, By-Products and Derivatives. – Local
transport of wildlife, by-products and derivatives collected or possessed through any other
means shall be authorized unless the same is prejudicial to the wildlife and public health.
Section 11. Exportation and/or Importation of Wildlife. – Wildlife species may be
exported to or imported from another country as may be authorized by the Secretary or the
designated representative, subject to strict compliance with the provisions of this Act and
rules and regulations promulgated pursuant thereto: Provided, That the recipient of the
wildlife is technically and financially capable to maintain it.
Section 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous
Wildlife. – The introduction, reintroduction or restocking of endemic and indigenous wildlife
shall be allowed only for population enhancement or recovery purposes subject to prior
clearance from the Secretary or the authorized representative pursuant to Section 6 of this
Act.
Any proposed introduction shall be subject to a scientific study which shall focus on
the bioecology. The proponent shall also conduct public consultations with concerned
individuals or entities.
Section 13. Introduction of Exotic Wildlife. – No exotic species shall be introduced
into the country, unless a clearance from the Secretary or the authorized representative is first
45
obtained. In no case shall exotic species be introduced into protected areas covered by
Republic Act No. 7586 and to critical habitats under Section 25 hereof.
In cases where introduction is allowed, it shall be subject to environmental impact
study which shall focus on the bioecology, socioeconomic and related aspects of the area
where the species will be introduced. The proponent shall also be required to secure the prior
informed consent from the local stakeholders.
Section 14. Bioprospecting. – Bioprospecting shall be allowed upon execution of an
undertaking by any proponent, stipulating therein its compliance with and commitment(s) to
reasonable terms and conditions that may be imposed by the Secretary which are necessary to
protect biological diversity.
The Secretary or the authorized representative, in consultation with the concerned
agencies, before granting the necessary permit, shall require that prior informed consent be
obtained by the applicant from the concerned indigenous cultural communities, local
communities, management board under Republic Act No. 7586 or private individual or entity.
The applicant shall disclose fully the intent and scope of the bioprospecting activity in a
language and process understandable to the community. The prior informed consent from the
indigenous peoples shall be obtained in accordance with existing laws. The action on the
bioprospecting proposal by concerned bodies shall be made within a reasonable period.
Upon submission of the complete requirements, the Secretary shall act on the
research proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be actively
involved in the research, collection, and whenever applicable and appropriate, in the
technological development of the products derived from the biological and genetic resources.
Section 15. Scientific Researches on Wildlife. – Collection and utilization of
biological resources for scientific research and not for commercial purposes shall be allowed
upon execution of an undertaking/agreement with and issuance of a gratuitous permit by the
Secretary or the authorized representative: Provided, That prior clearance from concerned
bodies shall be secured before the issuance of the gratuitous permit: Provided, further, That
the last paragraph of Section 14 shall likewise apply.
Section 16. Biosafety.- All activities dealing on genetic engineering and pathogenic
organisms in the Philippines, as well as activities requiring the importation, introduction, field
release and breeding of organisms that are potentially harmful to man and the environment
shall be reviewed in accordance with the biosafety guidelines ensuring public welfare and the
protection and conservation of wildlife and their habitats.
Section 17. Commercial Breeding or Propagation of Wildlife Resources. – Breeding
or propagation of wildlife for commercial purposes shall be allowed by the Secretary or the
authorized representative pursuant to Section 6 through the issuance of wildlife farm/culture
permit: Provided, That only progenies of wildlife raised, as well as unproductive parent stock
shall be utilized for trade: Provided, further, That commercial breeding operations for
wildlife, whenever appropriate, shall be subject to an environmental impact study.
Section 18. Economically Important Species. – The Secretary, within one (1) year
after the effectivity of this Act, shall establish a list of economically-important species. A
population assessment of such species shall be conducted within a reasonable period and shall
be regularly reviewed and updated by the Secretary.
46
The collection of certain species shall only be allowed when the results of the
assessment show that, despite certain extent of collection, the population of such species can
still remain viable and capable of recovering its numbers. For this purpose, the Secretary shall
establish a schedule and volume of allowable harvests.
Whenever an economically important species become threatened, any form of
collection shall be prohibited except for scientific, educational or breeding/propagation
purposes, pursuant to the provisions of this Act.
Section 19. Designation of Management and Scientific Authorities for International
Trade in Endangered Species of Wild Fauna and Flora. – For the implementation of
international agreement on international trade in endangered species of wild fauna and flora,
the management authorities for terrestrial and aquatic resources shall be the Protected Areas
and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic
Resources (BFAR) of the DA, respectively and that in the Province of Palawan the
implementation hereof is vested to the Palawan Council for Sustainable Development
pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific
authorities for terrestrial and aquatic/marine species. For the terrestrial species, the scientific
authorities shall be the Ecosystems Research and Development Bureau (ERDB) of the DENR,
the U.P. Institute of Biological Sciences and the National Museum and other agencies as may
be designated by the Secretary. For the marine and aquatic species, the scientific authorities
shall be the BFAR, the U.P. Marine Science Institute, U.P. Visayas, Siliman University and
the National Museum and other agencies as may be designated by the Secretary: Provided,
That, in the case of terrestrial species, the ERDB shall chair the scientific authorities, and in
the case of marine and aquatic species, the U.P. Marine Science Institute shall chair the
scientific authorities.
Section 20. Authority of the Secretary to Issue Permits. – The Secretary or the duly
authorized representative, in order to effectively implement this Act, shall issue
permits/certifications/clearances with corresponding period of validity, whenever appropriate,
which shall include but not limited to the following:
(1)
(2)
(3)
(4)
(5)
Wildlife farm or culture permit
Wildlife collector’s permit
Gratuitous permit
Local transport permit
Export/Import/Reexport permit
3 to 5 years;
1 to 3 years;
1 year;
1 to 3 months; and
1 to 6 months.
These permits may be renewed subject to the guidelines issued by the appropriate
agency and upon consultation with concerned groups.
Section 21. Fees and Charges. – Reasonable fees and charges as may be determined
upon consultation with the concerned groups, and in the amount fixed by the Secretary shall
be imposed for the issuance of permits enumerated in the preceding section.
For the export of wildlife species, an export permit fee of not greater than three
percentum (3%) of the export value, excluding transport costs, shall be charged: Provided,
however, that in the determination of aforesaid fee, the production costs shall be given due
consideration. Cutflowers, leaves and the like, produced from farms shall be exempted from
the said export fee: Provided, further, That fees and charges shall be reviewed by the
Secretary every two (2) years or as the need arises and revise the same accordingly, subject to
consultation with concerned sectors.
47
ARTICLE TWO
Protection of Threatened Species
Section 22. Determination of Threatened Species. – The Secretary shall determine
whether any wildlife species or subspecies is threatened, and classify the same as critically
endangered, endangered, vulnerable or other accepted categories based on the best scientific
data and with due regard to internationally accepted criteria, including but not limited to the
following:
range;
(a) present or threatened destruction, modification or curtailment of its habitat or
(b) over-utilization for commercial, recreational, scientific or educational purposes;
(c) inadequacy of existing regulatory mechanisms; and
(d) other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened
wildlife within one (1) year after effectivity of this Act. Thereafter, the list shall be updated
regularly or as the need arises: Provided, That a species listed as threatened shall not be
removed therefrom within three (3) years following its initial listing.
Upon filing of a petition based on substantial scientific information of any person
seeking for the addition or deletion of a species from the list, the Secretary shall evaluate in
accordance with the relevant factors stated in the first paragraph of this section, the status of
the species concerned and act on said petition within a reasonable period.
The Secretary shall also prepare and publish a list of wildlife which resembles so
closely in appearance with listed threatened wildlife, which species shall likewise be
categorized as threatened.
Section 23. Collection of Threatened Wildlife, By-Products and Derivatives.- The
collection of threatened wildlife, as determined and listed pursuant to this Act, including its
by-products and derivatives, shall be allowed only for scientific, or breeding or propagation
purposes in accordance with Section 6 of this Act: Provided, That only the accredited
individuals, business, research, educational or scientific entities shall be allowed to collect for
conservation breeding or propagation purposes.
Section 24. Conservation Breeding or Propagation of Threatened Species. –
Conservation breeding or propagation of threatened species shall be encouraged in order to
enhance its population in its natural habitat. It shall be done simultaneously with the
rehabilitation and/or protection of the habitat where the captive-bred or propagated species
shall be released, reintroduced or restocked.
Commercial breeding or propagation of threatened species may be allowed provided
that the following minimum requirements are met by the applicant, to wit:
(a) Proven effective breeding and captive management techniques of the species; and
(b) Commitment to undertake commercial breeding in accordance with Section 17 of
this Act, simultaneous with conservation breeding.
48
The Secretary shall prepare a list of threatened species for commercial breeding and
shall regularly revise or update such list or as the need arises.
Section 25. Establishment of Critical Habitats. – Within two (2) years following the
effectivity of this Act, the Secretary shall designate critical habitats outside protected areas
under Republic Act No. 7586, where threatened species are found. Such designation shall be
made on the basis of the best scientific data taking into consideration species endemicity
and/or richness, presence of man-made pressures/threats to the survival of wildlife living in
the area, among others.
All designated critical habitats shall be protected, in coordination with the local
government units and other concerned groups, from any form of exploitation or destruction
which may be detrimental to the survival of the threatened species dependent therein. For
such purpose, the Secretary may acquire, by purchase, donation or expropriation, lands, or
interests therein, including the acquisition of usufruct, establishment of easements or other
undertakings appropriate in protecting the critical habitat.
ARTICLE THREE
Registration of Threatened and Exotic Species
Section 26. Registration of Threatened and Exotic Wildlife in the Possession of
Private Persons. – no person or entity shall be allowed possession of wildlife unless such
person or entity can prove financial and technical capability and facility to maintain said
wildlife. Twelve (12) months after the effectivity of this Act, the Secretary shall set a period,
within which persons/entities shall register all threatened species collected and exotic species
imported prior to the effectivity of this Act. However, when the threatened species is needed
for breeding/propagation or research purposes, the State may acquire the wildlife through a
mutually acceptable arrangement.
After the period set has lapsed, threatened wildlife possessed without certificate of
registration shall be confiscated in favor of the government, subject to the penalties herein
provided.
All Philippine wildlife which are not listed as threatened prior to the effectivity of this
Act, but which may later become so, shall likewise be registered during the period set after
the publication of the updated list of threatened species.
CHAPTER IV
ILLEGAL ACTS
Section 27. Illegal Acts. – Unless otherwise allowed in accordance with this Act, it shall be
unlawful for any person to willfully and knowingly exploit wildlife resources and their
habitats, or undertake the following Acts:
(a) killing and destroying wildlife species, except in the following instances;
(i)
when it is done as part of the religious rituals of established tribal
groups or indigenous cultural communities;
(ii) when the wildlife is afflicted with an incurable communicable disease;
(iii) when it is deemed necessary to put an end to the misery suffered by the
wildlife.
49
(iv) when it is done to prevent an imminent danger to the life or limb of a
human being; and
(v) when the wildlife is killed or destroyed after it has been used in
authorized research or experiments.
species;
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife
(c) effecting any of the following acts in critical habitat(s):
habitat;
(i)
dumping of waste products detrimental to wildlife;
(ii)
squatting or otherwise occupying any portion of the critical
(iii)
mineral exploration and/or extraction;
(iv)
burning;
(v)
logging; and
(vi)
quarrying;
(d) introduction, reintroduction, or restocking of wildlife resources;
(e) trading of wildlife;
(f) collecting, hunting, or possessing wildlife, their by-products and derivatives;
(g) gathering or destroying of active nests, nest trees, host plants and the like;
(h) maltreating and/or inflicting other injuries not covered by the preceding
paragraph ; and
(i) transporting of wildlife.
CHAPTER V
FINES AND PENALTIES
Section 28. Penalties for Violations of this Act. – For any person who undertakes
illegal acts under paragraph (a) of the immediately preceding section to any species as may be
categorized pursuant to this Act, the following penalties and/or fines shall be imposed:
(a)
imprisonment of a minimum of six (6) years and one (1) day to twelve
(12) years and/ or a fine of One Hundred Thousand pesos (P100,000.00) to One Million pesos
(P1,000,000.00), if inflicted or undertaken against species listed as critical;
(b)
imprisonment of four (4) years and one (1) day to six (6) years and/or a
fine of Fifty Thousand Pesos (P50,000.00) to Five Hundred Thousand pesos(P500,000,00), if
inflicted or undertaken against endangered species.
50
(c)
imprisonment of two (2) years and one (1) day to four (4) years and/ or a
fine of Thirty Thousand pesos (P30,000.00) to Three Hundred Thousand pesos
(P300,000.00), if inflicted or undertaken against vulnerable species;
(d)
imprisonment of one (1) year and one (1) day to two (2) years and /or a
fine of Twenty Thousand pesos (P20,000.00) to Two Hundred Thousand pesos
(P200,000.00), if inflicted or undertaken against other threatened species; and
(e)
imprisonment of six (6) months and one (1) day to one (1) year and/or a
fine of Ten Thousand pesos (P10,000.00) to One Hundred Thousand pesos (P100,000.00), if
inflicted or undertaken against other wildlife species.
For illegal acts under paragraph (b) of the immediately preceding section, the
following penalties and/or fines shall be imposed:
(a)
imprisonment of a minimum of four (4) years and one (1) day to six (6)
years and/or a fine of Fifty Thousand pesos P(50,000.00) to Five Hundred Thousand pesos
(P500,000.00), if inflicted or undertaken against species listed as critical;
(b)
imprisonment of two (2) years and one (1) day to four (4) years and/ or a
fine of Thirty Thousand pesos (P30,000.00) to Two Hundred Thousand pesos (P200,000.00),
if inflicted or undertaken against endangered species;
(c)
imprisonment of one (1) year and one (1) day to two (2) years and/or a
fine of Twenty Thousand pesos (P20,000.00) to Two Hundred Thousand pesos
(P200,000.00), if inflicted or undertaken against vulnerable species;
(d)
imprisonment of six (6) months and one (1) day to one (1) year and/or a
fine of Ten Thousand pesos (P10,000.00) to Fifty Thousand pesos (P50,000.00), if inflicted or
undertaken against other threatened species; and
(e)
imprisonment of one (1) month to six months (6) and/or a fine of Five
Thousand pesos (P5,000.00) to Twenty Thousand pesos (P20,000.00), if inflicted or
undertaken against other wildlife species.
For illegal acts under paragraphs (c) and (d) of the immediately preceding section, an
imprisonment of one (1) month to eight (8) years and/or a fine of Five Thousand pesos
(P5,000.00) to Five Million pesos (P5,000,000.00) shall be imposed.
For illegal acts under paragraph (e), the following penalties and/or fines shall be
imposed:
(a)
imprisonment of two (2) years and one (1) day to four (4) years and/ or a
fine of Five Thousand pesos (P5,000.00) to Three Hundred Thousand pesos (P300,000.00), if
inflicted or undertaken against species listed as critical;
(b)
imprisonment of one (1) year and one (1) day to two (2) years and/or a
fine of Two Thousand pesos (P2,000.00) to Two Hundred Thousand pesos (P200,000.00), if
inflicted or undertaken against endangered species;
(c)
imprisonment of six (6) months and one (1) day to one (1) year and/or a
fine of One Thousand pesos (P1,000.00) to One Hundred Thousand pesos (P100,000.00), if
inflicted or undertaken against vulnerable species;
51
(d)
imprisonment of one (1) month and one (1) day to six months (6) and/or
a fine of Five Hundred pesos (P500.00) to Fifty Thousand pesos (P50,000.00), if inflicted or
undertaken against species listed as other threatened species; and
(e)
imprisonment of ten (10) days to one (1) month and/or a fine of Two
Hundred pesos (P200.00) to Twenty Thousand pesos (P20,000.00), if inflicted or undertaken
against other wildlife species.
For illegal acts under paragraphs (f) and (g) of the immediately preceding section, the
following penalties and/or fines shall be imposed:
(a)
imprisonment of two (2) years and one (1) day to four (4) years and a fine
of Thirty Thousand pesos (P30,000.00) to Three Hundred Thousand pesos (P300,000.00),if
inflicted or undertaken against species listed as critical;
(b)
imprisonment of one (1) year and one (1) day to two (2) years and a fine
of Twenty Thousand pesos (P20,000.00) to Two Hundred Thousand pesos (P200,000.00), if
inflicted or undertaken against endangered species;
(c)
imprisonment of six (6) months and one (1) day to one (1) year and a fine
of Ten Thousand pesos (P10,000.00) to One Hundred Thousand pesos (P100,000.00), if
inflicted or undertaken against vulnerable species;
(d)
imprisonment of one (1) month and one (1) day to six (6) months and a
fine of Five Thousand pesos (P5,000.00) to Fifty Thousand pesos (P50,000.00), if inflicted or
undertaken against species listed as other threatened species; and
(e)
imprisonment of ten (10) days to one (1) month and a fine of One
Thousand pesos (P1,000.00) to Five Thousand pesos (P5,000.00), if inflicted or undertaken
against other wildlife species: Provided, That in case of paragraph (f), where the acts were
perpetuated through the means of inappropriate techniques and devices, the maximum penalty
herein provided shall be imposed.
For illegal acts under paragraphs (h) and (i) of the immediately preceding section, the
following penalties and/or fines shall be imposed:
(a)
imprisonment of six (6) months and one (1) day to one (1) year and a fine
of Fifty Thousand pesos (P50,000.00) to One Hundred Thousand pesos (P100,000.00), if
inflicted or undertaken against species listed as critical species;
(b)
imprisonment of three (3) months and one (1) day to six (6) months and a
fine of Twenty Thousand pesos (P20,000.00) to Fifty Thousand pesos (P50,000.00), if
inflicted or undertaken against endangered species;
(c)
imprisonment of one (1) month and one (1) day to three (3) months and a
fine of Five Thousand pesos (P5,000.00) to Twenty Thousand pesos (P20,000.00), if inflicted
or undertaken against vulnerable species;
(d)
imprisonment of ten (10) days to one (1) month and a fine of One
Thousand pesos (P1,000.00) to Five Thousand pesos (P5,000.00), if inflicted or undertaken
against species listed as other threatened species;
52
(e)
imprisonment of five (5) days to ten (10) days and a fine of Two Hundred
pesos (P200.00) to One Thousand pesos (P1,000.00), if inflicted or undertaken against other
wildlife species.
All wildlife, its derivatives or by-products, and all paraphernalia, tools and
conveyances used in connection with violations of this Act, shall be ipso facto forfeited in
favor of the government: Provided, That where the ownership of the aforesaid conveyances
belong to third persons who has no participation in or knowledge of the illegal acts, the same
may be released to said owner. The apprehending agency shall immediately cause the transfer
of all wildlife that have been seized or recovered to the nearest Wildlife Rescue Center of the
Department in the area.
If the offender is an alien, he shall be deported after service of sentence and payment
of fines, without any further proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every
three (3) years to compensate for inflation and to maintain the deterrent function of such
fines.
CHAPTER VI
MISCELLANEOUS PROVISIONS
Section 29. Wildlife Management Fund. – There is hereby established a Wildlife
Management Fund to be administered by the Department as a special account in the National
Treasury. It shall finance rehabilitation or restoration of habitats affected by acts committed in
violation of this Act and support scientific research, enforcement and monitoring activities, as
well as enhancement of capabilities of relevant agencies.
The Fund shall derived from fines imposed and damages awarded, fees, charges,
donations, endowments, administrative fees or grants in the form of contributions.
Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or
fees imposed by the government.
Section 30. Deputation of Wildlife Enforcement Officers. – The Secretary shall
deputize wildlife enforcement officers from non-government organizations, citizens groups,
community organizations and other volunteers who have undergone the necessary training for
this purpose. The Philippine National Police (PNP), the Armed Forces of the Philippines
(AFP), the National Bureau of Investigation (NBI), and other law enforcement agencies shall
designate wildlife enforcement officers. As such, the wildlife enforcement officers shall have
the full authority to seize illegally traded wildlife and to arrest violators of this Act subject to
existing laws, rules and regulations on arrest and detention.
Section 31. Establishment of National Wildlife Research Centers. – The Secretary
shall establish national wildlife research centers for terrestrial and aquatic species to lead in
the conduct of scientific researches on the proper strategies for the conservation and
protection of wildlife, including captive-breeding or propagation. In this regard, the Secretary
shall encourage the participation of experts from academic/research institutions and wildlife
industry.
Section 32. Wildlife Rescue Center. – The Secretary shall establish or designate
wildlife rescue centers to take temporary custody and care of all confiscated, abandoned
and/or donated wildlife to ensure their welfare and well-being. The Secretary shall formulate
guidelines for the disposition of wildlife from the rescue centers.
53
Section 33. Creation of Wildlife Traffic Monitoring Units. – The Secretary shall
create wildlife traffic monitoring units in strategic air and sea ports all over the country to
ensure the strict compliance and effective implementation of all existing wildlife laws, rules
and regulations, including pertinent international agreements.
Customs officers and/or other authorized government representatives assigned at air
or sea ports who may have intercepted wildlife commodities in the discharge of their official
functions shall, prior to further disposition thereof, secure a clearance from the wildlife traffic
monitoring unit assigned in the area.
Section 34. Exemption from Taxes. – Any donation, contribution, bequest, subsidy or
financial aid which may be made to the Department of Environment and Natural Resources or
to the Department of Agriculture and to NGOs engaged in wildlife conservation duly
registered with the Securities and Exchange Commission as certified by the local government
unit, the Department of Environment and Natural Resources or the Department of
Agriculture, for the conservation and protection of wildlife resources and their habitats shall
constitute as an allowable deduction from the taxable income of the donor and shall be
exempt from donor’s tax.
Section 35. Flagship Species. – Local Government Units shall initiate conservation
measures for endemic species in their areas. For this purpose, they may adopt flagship species
such as the Cebu black shama (copsychus cebuensis), tamaraw (bubalus mindorensis),
Philippine tarsier (tarsius syrichta), Philippine teak (tectona philippinensis), which shall serve
as emblems of conservation for the local government concerned.
Section 36. Botanical Gardens, Zoological Parks and Other Similar Establishments.
- The Secretary shall regulate the establishment, operation and maintenance of botanical
gardens, zoological parks and other similar establishments for recreation, education and
conservation.
Section 37. Implementing Rules and Regulations. – Within twelve (12) months
following the effectivity of this Act, the Secretaries of the Department of Environment and
Natural Resources and the Department of Agriculture, in coordination with the Committees
on Environment and Ecology of the Senate and the House of Representatives, respectively,
shall promulgate respective rules and regulations for the effective implementation of this Act.
Whenever appropriate, coordination in the preparation and implementation of rules and
regulations on joint and inseparable issues shall be done by both Departments. The
commitments of the State to international agreements and protocols shall likewise be a
consideration in the implementation of this Act.
Section 38. Appropriations. – The amount necessary to initially implement the
provisions of this Act shall be charged against the appropriations of the Department of
Environment and Natural Resources in the current General Appropriations Act. Thereafter,
such sums as may be necessary to fully implement the provisions of this Act shall be included
in the annual General Appropriations Act.
Section 39. Separability Clause. – Should any provision of this Act be subsequently
declared as unconstitutional, the same shall not affect the validity or the legality of the other
provisions.
Section 40. Repealing Clause. – Act Nos. 2590 and 3983, Commonwealth Act No.
63, as amended, Presidential Decree No. 1219, as amended, Republic Act No. 6147, and other
54
laws, orders and regulations inconsistent herewith are hereby repealed or amended
accordingly.
Section 41. Effectivity. – The Act shall take effect fifteen (15) days after publication
in the Official Gazette or two (2) newspapers of general circulation.
Approved:
(SGD.) AQUILINO Q. PIMENTEL JR.
President of the Senate
(SGD.) FELICIANO BELMONTE JR.
Speaker of the House of Representatives
This Act which is a consolidation of House Bill No. 10622 and Senate Bill No. 2128
was finally passed by the House of Representatives and the Senate on February 8,2001 and
March 20, 2001, respectively.
(SGD. ) LUTGARDO B. BARBO
Secretary of the Senate
(SGD.) ROBERTO P. NAZARENO
Secretary General
House of Representatives
Approved: July 30, 2001
(SGD.) GLORIA MACAPAGAL ARROYO
(f) President of the Philippines
55
ANNEX B
Republic Act No. 8485 or the Animal Welfare Act and its
amendment (Republic Act No. 10631)
56
57
58
S. No. 3329
H. No. 6893
Republic of the Philippines
Congress of the Philippines
Metro Manila
Fifteenth Congress
Third Regular Session
Begun and held in Metro Manila, on Monday, the twenty-third day of July, two thousand
twelve.
[REPUBLIC ACT NO. 10631]
AN ACT AMENDING CERTAIN SECTIONS OF REPUBLIC ACT NO. 8485, OTHERWISE
KNOWN AS “THE ANIMAL WELFARE ACT OF 1998″
Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:
SECTION 1. Section 1 of Republic Act No. 8485 is hereby amended to read as follows;
“SECTION 1. It is the purpose of this Act to protect and promote the welfare of all terrestrial,
aquatic and marine animals in the Philippines by supervising and regulating the establishment
and operations of all facilities utilized for breeding, maintaining, keeping, treating or training of
all animals either as objects of trade or as household pets. For purposes of this Act, pet
animal shall include birds.
“For purposes of this Act, animal welfare pertains to the physical and psychological well-being
of animals. It includes, but not limited to, the avoidance of abuse, maltreatment, cruelty and
exploitation of animals by humans by maintaining appropriate standards of accommodation,
feeding and general care, the prevention and treatment of disease and the assurance of
freedom from fear, distress, harassment, and unnecessary discomfort and pain, and allowing
animals to express normal behavior.”
SEC. 2. Section 6 of Republic Act No. 8485 is hereby amended to read as follows:
“SEC. 6. It shall be unlawful for any person to torture any animal, to neglect to provide
adequate care, sustenance of shelter, or maltreat any animal or to subject any dog or horse to
dogfights or horsefights, kill or cause or procure to be tortured or deprived of adequate care,
sustenance or shelter, or maltreat or use the same in research or experiments not expressly
authorized by the Committee on Animal Welfare.
“The killing of any animal other than cattle, pigs, goats, sheep, poultry, rabbits, carabaos and
horses is likewise hereby declared unlawful except in the following instances:
“x
x
x.”
SEC. 3. A new Section 7 is hereby inserted after Section 6 of the same Act to read as follows:
59
“SEC. 7. It shall be unlawful for any person who has custody of an animal to abandon the
animal.
“If any person being the owner or having charge or control of any animal shall without
reasonable cause or excuse abandon it, whether permanently or not, without providing for the
care of that animal, such act shall constitute maltreatment under Section 9.
“If the animal is left in circumstances likely to cause the animal any unnecessary suffering, or
if this abandonment results in the death of the animal, the person liable shall suffer the
maximum penalty.
“Abandonment means the relinquishment of all right, title, claim, or possession of the animal
with the intention of not reclaiming it or resuming its ownership or possession.”
SEC. 4. Section 8 of Republic Act No. 8485 which shall now become Section 9 is hereby
amended to read as follows:
“SEC. 9. Any person who subjects any animal to cruelty, maltreatment or neglect shall, upon
conviction by final judgment, be punished by imprisonment and/ or fine, as indicated in the
following graduated scale:
“(1) Imprisonment of one (1) year and six (6) months and one (1) day to two (2) years and/or
a fine not exceeding One hundred thousand pesos (P100,000.00) if the animal subjected to
cruelty, maltreatment or neglect dies;
“(2) Imprisonment of one (1) year and one (1) day to one (1) year and six (6) months and/or a
fine not exceeding Fifty thousand pesos (P50,000.00) if the animal subjected to cruelty,
maltreatment or neglect survives but is severely injured with loss of its natural faculty to
survive on its own and needing human intervention to sustain its life; and
“(3) Imprisonment of six (6) months to one (1) year and/or a fine not exceeding Thirty
thousand pesos (P30,000.00) for subjecting any animal to cruelty, maltreatment or neglect but
without causing its death or incapacitating it to survive on its own.
“If the violation is committed by a juridical person, the officer responsible thereof shall serve
the imprisonment. If the violation is committed by an alien, he or she shall be immediately
deported after the service of sentence without any further proceeding.
“The foregoing penalties shall also apply for any other violation of this Act, depending upon
the effect or result of the act or omission as defined in the immediately preceding sections.
“However, regardless of the resulting condition to the animal/s, the penalty of two (2) years
and one (1) day to three (3) years and/or a fine not exceeding Two hundred fifty thousand
pesos (P250,000.00) shall be imposed if the offense is committed by any of the following: (1)
a syndicate; (2) an offender who makes business out of cruelty to an animal; (3) a public
officer or employee; or (4) where at least three (3) animals are involved.
“In any of the foregoing situations, the offender shall suffer subsidiary imprisonment in case of
insolvency and the inability to pay the fine.”
SEC. 5. A new Section 10 is hereby inserted after the Section above to read as follows:
“SEC. 10. The Secretary of the Department of Agriculture shall deputize animal welfare
enforcement officers from nongovernment organizations, citizens groups, community
organizations and other volunteers who have undergone the necessary training for this
purpose. The Philippine National Police, the National Bureau of Investigation and other law
60
enforcement agencies shall designate animal welfare enforcement officers. As such, animal
welfare enforcement officers shall have the authority to seize and rescue illegally traded and
maltreated animals and to arrest violators of this Act subject to the guidelines of existing laws
and rules and regulations on arrest and detention.
“The Secretary of the Department of Agriculture shall, upon the recommendation of the
Committee on Animal Welfare:
“(1) Promulgate the guidelines on the criteria and training requirements for the deputization of
animal welfare enforcement officers; and
“(2) Establish a mechanism for the supervision, monitoring and reporting of these
enforcement officers.”
SEC. 6. If, for any reason, any provision of this Act is declared to be unconstitutional or
invalid, the other sections or provisions hereof which are not affected shall continue to be in
full force and effect.
SEC. 7. All laws, decrees, orders, rules and regulations and other issuances or parts thereof
which are inconsistent with the provisions of this Act are hereby deemed repealed, amended
or modified accordingly.
SEC. 8. This Act shall take effect after fifteen (15) days from its publication in the Official
Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.
Approved,
(Sgd.) FELICIANO BELMONTE JR.
Speaker of the House
of Representatives
(Sgd.) JINGGOY EJERCITO ESTRADA
Acting Senate President
This Act which is a consolidation of Senate Bill No. 3329 and House Bill No. 6893 was finally
passed by the Senate and the House of Representatives on June 6, 2013.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives
(Sgd.) EMMA LIRIO-REYES
Secretary of the Senate
Approved: OCT 03 2013
(Sgd.) BENIGNO S. AQUINO III
President of the Philippines
61
ANNEX C
Joint DENR-DA-PCSD Administrative Order No. 01,
Series of 2004 – the Joint implementing rules and
regulations (IRR) of Republic Act No. 9147
62
May 18, 2004
Joint DENR-DA-PCSD Administrative Order No. 01
Series of 2004
SUBJECT : JOINT IMPLEMENTING RULES AND REGULATIONS (IRR)
PURSUANT TO REPUBLIC ACT NO. 9147: “AN ACT
PROVIDING FOR THE CONSERVATION AND PROTECTION
OF WILDLIFE RESOURCES AND THEIR HABITATS,
APPROPRIATING FUNDS THEREFORE AND FOR OTHER
PURPOSES”
This Joint Administrative Order shall be known as the Implementing Rules and Regulations
(IRR) of Republic Act 9147, otherwise known as the Wildlife Resources Conservation and
Protection Act of 2001.
(g) CHAPTER I
(h) GENERAL PROVISIONS
Section 1. Title. This Act shall be known as the “Wildlife Resources Conservation and
Protection Act.”
Rule 1.1. This IRR is hereby promulgated to prescribe the procedures and guidelines for
the implementation of the Wildlife Resources Conservation and Protection
Act.
Section 2. Declaration of Policy. It shall be the policy of the State to conserve the country’s
wildlife resources and their habitats for sustainability. In the pursuit of this policy, this Act
shall have the following objectives:
(a) to conserve and protect wildlife species and their habitats to promote ecological
balance and enhance biological diversity;
(b) to regulate the collection and trade of wildlife;
(c) to pursue, with due regard to the national interest, the Philippine commitment to
international conventions, protection of wildlife and habitats; and,
(d) to initiate or support scientific studies on the conservation of biological diversity.
Section 3.
Scope of Application. The provisions of this Act shall be enforceable for all
wildlife species found in all areas of the country, including protected areas under Republic
Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS)
Act, and critical habitats. This Act shall also apply to exotic species which are subject to
trade, are cultured, maintained and/or bred in captivity or propagated in the country.
Rule 3.1.
The provisions of this Order shall apply to all wildlife species found in the
country, and unknown genera or unknown species or strains of known
species that will later on be discovered or identified as occurring in the
country.
63
Rule 3.2.
Exotic or foreign species as defined in this Order, which are subject to
trade, are maintained, cultured and/or bred in captivity or propagated in the
country, including those that have been illegally introduced are also
covered by this Order.
Rule 3.3.
Domesticated or propagated species, such as, but not limited to livestock,
poultry and common ornamental plants as determined by the DENR and
DA upon the recommendation of the National Wildlife Management
Committee created under Rule 6.1 hereof are excluded from the coverage
of this Order and shall continue to be covered by existing rules and
regulations of the Bureau of Animal Industry (BAI), Bureau of Plant
Industry (BPI) and Bureau of Fisheries and Aquatic Resources (BFAR) of
the DA on said species. However, the collection of wild forms of these
species shall be regulated by the DENR or DA, as the case may be.
Provided however, that, species listed in the Convention on the
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), such as, but not limited to ostrich (Struthio camelus), Philippine
deer (Cervus mariannus), saltwater crocodile (Crocodylus porosus), and
orchids (Orchidaceae spp) which may be or are being farmed or
propagated shall be subject to requirements as may be imposed by the
DENR.
Rule 3.4
This Order shall be supplementary to the provisions of R.A. 9072 (National
Caves and Cave Resources Management and Protection Act) and its
Implementing Rules and Regulations. Provided that, in case of conflict, the
provisions of this Order and subsequent issuances pursuant to R.A. 9147
shall prevail.
Section 4.
Jurisdiction of the Department of Environment and Natural Resources and
the Department of Agriculture. The Department of Environment and Natural Resources
(DENR) shall have jurisdiction over all terrestrial plant and animal species, all turtles and
tortoises and wetland species, including but not limited to crocodiles, waterbirds and all
amphibians and dugong. The Department of Agriculture (DA) shall have jurisdiction over all
declared aquatic critical habitats, all aquatic resources, including but not limited to all
fishes, aquatic plants, invertebrates and all marine mammals, except dugong. The Secretaries
of the DENR and the DA shall review, and by joint administrative order, revise and regularly
update the list of species under their respective jurisdiction. In the Province of Palawan,
jurisdiction herein conferred is vested to the Palawan Council for Sustainable Development
pursuant to Republic Act No. 7611.
Rule 4.1.
The preliminary list of wetland and aquatic species under the respective
jurisdiction of the DENR and the DA is contained in “Annex A” hereof,
which forms an integral part of this Order. The list shall be regularly
reviewed and updated by the two Departments through the issuance of a
joint administrative order.
Rule 4.2
The Palawan Council for Sustainable Development (PCSD) pursuant to RA
No. 7611 (Strategic Environmental Plan (SEP) for Palawan Act) and
Section 4 of RA 9147, shall exercise jurisdiction over all wildlife species
found in the Province of Palawan, in accordance with the paramount
objectives stated in RA 7611 to conserve the species and their habitats
consistent with existing national policies on wildlife conservation,
management and utilization such as, but not limited to, RA 8550 or the
64
1998 Philippine Fisheries Code, RA 8485 or the 1998 Animal Welfare Act,
and RA 7586 or the 1992 NIPAS Act.
Rule 4.3
All existing DENR wildlife conservation projects of national concern/
significance located in Palawan, such as but not limited to the Palawan
Wildlife Rescue and Conservation Center (PWRCC, formerly Crocodile
Farming Institute) and the Philippine Cockatoo Conservation Program
(PCCP) shall continue to be under the management and jurisdiction of the
DENR.
Rule 4.4
Mangrove areas in Palawan released for fishpond purposes prior to the
issuance of Presidential Proclamation No. 2152, covered by Fishpond
Lease Agreements and already fully developed into fishponds shall
continue to be under the management and jurisdiction of the Bureau of
Fisheries and Aquatic Resources. The DA shall still engage in activities
related to food production, as mandated by RA 8435 or the Agriculture and
Fisheries Modernization Act, in Palawan to attain the objectives of food
security and increased income.
Rule 4.5
The DENR and DA shall coordinate with PCSD in the implementation of
the activities mentioned in Rules 4.3 and 4.4.
Rule 4.6
The management of wildlife resources found within protected areas shall be
governed by RA 7586 (NIPAS Act); Provided that the use for scientific
and/or commercial purposes, where appropriate, of aquatic and marine
resources within protected areas listed under the jurisdiction of DA shall be
governed by RA 9147 (Wildlife Act) and RA 8550 (Fisheries Code), as the
case may be.
Rule 4.7
The utilization of wildlife resources found within ancestral
domains/ancestral lands shall be subject to the issuance of a Free and Prior
Informed Consent pursuant to the RA 8371 (Indigenous Peoples Rights Act
of 1997 or IPRA).
Rule 4.8
Wildlife species found in coastal areas shall be managed by the DA,
DENR, or for the province of Palawan, PCSD in coordination with the
local government units using an integrated and coordinated approach.
These agencies and the local government units (LGUs) shall ensure that
their respective mandates and activities complement each other.
Rule 4.9
The Secretary or the Council may enter into a Memorandum of Agreement
(MOA) with other government agencies/bodies/academic institutions,
which by special law have management jurisdiction/control over certain
wildlife species/ habitats or are mandated to conduct scientific researches
on wildlife.
(i) CHAPTER II
(j) DEFINITION OF TERMS
Section 5.
Definition of Terms. As used in RA 9147 and this Order, the term:
65
a. “Bioprospecting” means the research, collection and utilization of biological and
genetic resources for purposes of applying the knowledge derived therefrom
solely for commercial purposes;
b. “By-product or derivatives” refers to any part taken or substance extracted from
wildlife, in raw or processed form, which include stuffed animals and herbarium
specimens;
c. “Captive-breeding/culture or propagation” is the process of producing
individuals under controlled conditions or with human interventions;
d. “Collection or collecting” is the act of gathering or harvesting wildlife, its byproducts or derivatives;
e. “Conservation” means preservation and sustainable utilization of wildlife, and
or maintenance, restoration and enhancement of the habitat;
f.
“Critically endangered species” refers to a species or subspecies that is facing
extremely high risk of extinction in the wild in the immediate future;
g. “Economically important species” means species which have actual or potential
value in trade or utilization for commercial purpose;
h. “Endangered species” refers to species or subspecies that is not critically
endangered but whose survival in the wild is unlikely if the causal factors
continue operating;
i.
“Endemic species” means species or subspecies which is naturally occurring and
found only within specific areas in the country;
j.
“Exotic species” means species or subspecies which do not naturally occur in the
country;
k. “Export permit” refers to a permit authorizing an individual to bring out wildlife
from the Philippines to any other country;
l.
“Gratuitous permit” means permit issued to any individual or entity engaged in
noncommercial scientific or educational undertaking to collect wildlife;
m. “Habitat” means a place or environment where a species or subspecies naturally
occurs or has naturally established its population;
n. “Import permit” refers to a permit authorizing an individual to bring in wildlife
from another country;
o. “Indigenous wildlife” means species or subspecies of wildlife naturally occurring
or has naturally established population in the country;
p. “Introduction” means bringing species into the wild that is outside its natural
habitat;
q. “Re-export permit” refers to a permit authorizing an individual to bring out of
the country a previously imported wildlife;
66
r.
“Secretary” means either or both the Secretary of the Department of
Environment and Natural Resources and the Secretary of the Department of
Agriculture;
s. “Threatened species” a general term to denote species or subspecies considered
as critically endangered, endangered, vulnerable or other accepted categories of
wildlife whose population is at risk of extinction;
t.
“Trade” means the act of engaging in the exchange, exportation or importation,
purchase or sale of wildlife, their derivatives or by products, locally or
internationally;
u. “Traditional use” means utilization of wildlife by indigenous people in
accordance with written or unwritten rules, usage, customs and practices
traditionally observed, accepted and recognized by them;
v. “Transport permit” means a permit issued authorizing an individual to bring
wildlife from one place to another within the territorial jurisdiction of the
Philippines;
w. “Vulnerable species” refers to species or subspecies that is not critically
endangered nor endangered but is under threat from adverse factors throughout
their range and is likely to move to the endangered category in the near future;
x. “Wildlife” means wild forms and varieties of flora and fauna, in all
developmental stages, including those which are in captivity or are being bred or
propagated;
y. “Wildlife collector’s permit” means a permit to take or collect from the wild
certain species and quantities of wildlife for commercial purposes; and
z. “Wildlife farm/culture permit” means a permit to develop, operate and maintain
a wildlife breeding farm for conservation, trade and/or scientific purposes.
Rule 5.1.
Additional Terms. –Additional terms as used in this IRR but not included
in Section 5 of RA 9147 are defined as follows:
aa.
“Bio-ecology” refers to the study of the relationships between organisms and
their environment;
bb.
“Biological resources” refers to genetic resources, organisms or parts thereof,
populations or any other biotic component of ecosystems with actual or
potential use or value for humanity, including but not limited to, all biological
specimens such as plants, seeds, tissues and other propagation materials,
animals, live or preserved, whether whole or in part;
cc. “Biosafety” refers to the need to protect human, plant and animal health or life
and the environment from the possible adverse effects of the products of
modern biotechnology and potentially harmful exotic species;
dd.
“Botanical garden” refers to an establishment where a collection of wild flora is
maintained for recreational, educational, research, conservation or scientific
purposes;
67
ee.
“Burning” refers to any act of igniting or causing to ignite any material,
deliberately or otherwise, inside a critical habitat, if such fire has or may
potentially cause any damage to the factors and elements of the critical habitat
upon which the survival of the threatened species depend, based on the
assessment establishing the habitat as critical;
ff.
“By-products” refers to any part taken from wildlife species such as meat,
hides, antlers, feathers, leather, fur, internal organs, bones, roots, trunks, barks,
petioles, leaf fibers, branches, leaves, stems, flowers, scales, scutes, shells,
coral parts, carapace and the like, or whole dead body of wildlife in its
preserved/stuffed state, including compounds indirectly produced in a biochemical process or cycle;
gg.
“CITES” refers to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, a treaty regulating international trade of fauna
and flora listed in its Appendices;
hh.
“CITES Management Authorities” refers to the agencies responsible for the
interpretation and enforcement of the provisions of the CITES, issuance of
permits and certificates, and monitoring the trade of wildlife from and into the
country;
ii.
“CITES Scientific Authorities” refers to the agencies or institutions that
provide advice to the Management Authority on whether or not the exportation
or importation of wildlife is detrimental to the survival of the species in the
wild;
jj.
“Commercial Research Agreement” refers to the agreement or undertaking
entered into by the Secretary of the DENR or the DA or the PCSD Chairman
and a private or public person or entity allowing the latter to conduct
prospecting of biological and genetic resources;
kk.
“Council” refers to the Palawan Council for Sustainable Development (PCSD),
acting as a collegial body;
ll.
“Critical habitats” refers to areas outside protected areas under Republic Act
7586 that are known habitats of threatened species and designated as such
based on scientific data taking into consideration species endemicity and/or
richness, presence of man-made pressures/threats to the survival of wildlife
living in the area, among others;
mm. “Derivative” refers to a substance/material extracted or taken from wildlife
such as but not limited to blood, saliva, oils, resins, genes, gums, honey,
cocoon, fur, tannin, urine, serum, spores, pollen and the like; a compound
directly or indirectly produced from wildlife and/or products produced from
wildlife and wildlife products;
nn.
“Domesticated species” refers to animals that have been in association with
mankind for a long time, bred for a special purpose and have no genetically
similar form in the wild;
oo.
“Dumping” refers to the act of depositing any material inside the critical habitat
without any intention of retrieval or future use which may potentially cause any
damage to the factors and elements of the critical habitat upon which the
68
survival of the threatened species depend, based on the assessment establishing
the habitat as critical;
pp.
“Field release” means the use of regulated material outside the physical
confinement found in a laboratory, a contained greenhouse, a fermenter or other
contained structure;
qq.
“Field testing” means any intentional introduction into the environment of a
regulated article for purposes of research and development and for which no
specific physical containment measures are used to limit the contact of the
regulated article with, and to provide for a high level of safety for, the general
population and the environment. Field testing may be conducted in a single site
or in multiple sites;
rr.
“Genetically engineered organisms” means organisms which underwent any
process of genetic modification;
ss.
“Genetic material” refers to any material of plant, animal, containing functional
units of heredity;
tt.
“Genetic resources” refers to the genetic material of actual or potential value;
uu.
“Hunting” refers to collection of wild fauna for food and/or recreational
purposes with the use of weapons such as guns, bow and arrow, spear and the
like;
vv.
“Indigenous Cultural Communities (ICC) or Indigenous Peoples (IPs)” refer to
a group of people or homogenous societies identified by self-ascription and
ascription by others, who have continuously lived as organized community on
communally bounded and defined territory, and who have, under claims of
ownership since time immemorial, occupied, possessed and utilized such
territories, sharing common bonds of language, customs, traditions and other
distinctive cultural traits, or who have, through resistance to political, social
and cultural inroads of colonization, non-indigenous religions and cultures,
became historically differentiated from majority of Filipinos. ICCs/IPs shall
likewise include peoples who are regarded as indigenous on account of their
descent from the populations which inhabited the country, at the time of
conquest or colonization, or at the time of inroads of non-indigenous religions
and cultures, or the establishment of present state boundaries, who retain some
or all of their own social, economic, cultural and political institutions, but who
may have been displaced from their traditional domains or who may have
resettled outside their ancestral domains;
ww. “Local Transport Permit” refers to the permit authorizing an individual or entity
to bring, carry or ship wildlife, by-products or derivatives acquired from legal
sources from the point of origin to the final destination within the country;
xx.
“Logging” refers to any felling of tree within a designated critical habitat;
yy.
“Mineral“ refers to any naturally occurring inorganic substance in solid, liquid,
gas or any intermediate state excluding energy materials such as coal,
petroleum, natural gas, radioactive materials and geothermal energy;
69
zz.
“NCBP” refers to the National Committee on Biosafety of the Philippines,
created under EO No. 430 dated October 15, 1990 and tasked, among others, to
formulate national policies and guidelines on biosafety;
aaa. “NGOs” refers to non-government organizations; a non-stock, non-profit
voluntary organization that is committed to the task of socio-economic and
sustainable development and is established primarily for service;
bbb. “Other threatened species” refers to species or subspecies that is not critically
endangered, endangered nor vulnerable but is under threat from adverse factors,
such as over collection, throughout their range and is likely to move to the
vulnerable category in the near future;
ccc. “Other wildlife species” as used under Section 28 of the Act, refers to nonthreatened species that have the tendency to become threatened due to
predation and destruction of habitat or other similar causes as may be listed by
the Secretary upon the recommendation of the National Wildlife Management
Committee;
ddd. “PAMB” refers to the Protected Area Management Board, a decision making
body created by RA 7586 which exercises jurisdiction over a protected area
within its area of responsibility;
eee. “PCSDS” refers to the Palawan Council for Sustainable Development Staff
headed by the Executive Director;
fff.
“POs” refers to peoples’ organizations; a group of people, which may be an
association, cooperative, federation, or other legal entity, established by the
community to undertake collective action to address community concerns and
need and mutually share the benefits from the endeavor;
ggg. “Prior Informed Consent” refers to the consent obtained by the applicant from
the Local Community, Indigenous Peoples, or Private Land Owner concerned,
after disclosing fully the intent and scope of the bioprospecting activity, in a
language and process understandable to the community, and before any wildlife
collection activity is undertaken;
hhh. “Propagated species” refers to plants which have been cultured by man or
produced through human intervention;
iii.
“Re-introduction” refers to the attempt of re-establishing the population of a
species or subspecies of wildlife in a location where it has historically occurred
but is now extinct;
jjj.
“Restocking” refers to the process of replenishing an existing population of
wildlife with additional individuals of the same species or subspecies within its
range;
kkk. “Significant risks” means that the biosafety risk associated with the release of
the genetically-engineered organism is greater than that posed by its
conventional counterpart;
lll.
“Wetland” refers to areas of marsh, fen, peatland or water, whether natural or
artificial, permanent or temporary, with water that is static, flowing, fresh,
70
brackish or salt, including areas of marine water, the depth of which at low tide
does not exceed six (6) meters;
mmm. “Wildlife” refers to wild forms and varieties/strains of flora and fauna, in all
developmental stages, such as but not limited to eggs, pupae, seedlings
including those which are in captivity or are being bred or propagated; flora and
fauna or those not covered by any legally-accepted document stating that same
is a product of registered captive-breeding/propagation shall be presumed to be
in wild form;
nnn. “Wildlife Rescue Center” refers to a repository of confiscated, donated,
retrieved, turned-over or abandoned wildlife species; an establishment where
sick, injured, confiscated wildlife are temporarily kept and rehabilitated prior to
their release to their natural habitat or implementation of other modes of
disposition as may be authorized under existing guidelines;
ooo. “Zoo/zoological park” refers to the establishment where a collection of wild
fauna is maintained for recreational, educational, research, conservation or
scientific purposes.
CHAPTER III
CONSERVATION AND PROTECTION OF WILDLIFE RESOURCES
ARTICLE ONE
General Provision
Section 6. Wildlife Information. All activities, as subsequently manifested under this
Chapter, shall be authorized by the Secretary upon proper evaluation of best available
information or scientific data showing that the activity is, or for a purpose, not detrimental to
the survival of the species or subspecies involved and/or their habitat. For this purpose, the
Secretary shall regularly update wildlife information through research.
Rule 6.1
In order to assist the Secretary and the Council in the implementation of
this IRR, a National Wildlife Management Committee (NWMC) shall be
created separately by the DENR, DA and PCSD to provide technical and
scientific advice. The NWMC shall be composed of representatives from
the DENR, DA or PCSD, as the case may be, Environmental Management
Bureau (EMB), other concerned government agencies, and local scientists
with expertise on various fields of discipline on wildlife. Stakeholders may
be invited as resource persons, when necessary. The DENR, DA or PCSD
shall act as Chairperson of their respective Committees;
Rule 6.2
The NWMC shall submit recommendations to the PAWB or BFAR
Director or PCSDS Executive Director, as the case may be, regarding
applications for the collection or use of wildlife for trade, bioprospecting,
conservation breeding or propagation of threatened species, scientific
researches, special uses or other purposes as may be allowed in this Order
or under subsequent rules and regulations;
Rule 6.3
A Regional Wildlife Management Committee (RWMC) shall likewise be
created by the Regional Offices of the DENR or DA-BFAR pursuant to
Rule 6.1 hereof. The RWMC shall submit its recommendation(s) to the
71
Regional Executive Director of the DENR or the Regional Director of the
DA-BFAR, as the case may be;
Section 7. Collection of Wildlife. Collection of wildlife may be allowed in accordance with
Section 6 of this Act: Provided, That in the collection of wildlife, appropriate and acceptable
wildlife collection techniques with least or no detrimental effects to the existing wildlife
population and their habitats, shall likewise be required; Provided further, That collection of
wildlife by indigenous people may be allowed for traditional use and not primarily for trade;
Provided furthermore, That collection and utilization for said purpose shall not cover
threatened species; Provided, finally, That Section 23 hereof shall govern the collection of
threatened species.
Rule 7.1.
Collection of wildlife may be allowed for scientific researches,
breeding/propagation, bioprospecting, commercial purposes, or for other
activities as may be authorized by the Secretary or Council, subject to
compliance with the requirements and conditions specified in this Order
and subsequent rules and regulations as may be hereinafter promulgated.
Rule 7.2.
The quantity of individuals per species to be collected shall not exceed the
national quota approved by the Secretary that shall be determined on the
basis of the best scientific and/or commercial and other significant data
available to the Secretary after conducting a review of the status of the
species. The Secretary shall likewise indicate the areas of collection,
whenever possible.
Rule 7.3.
Appropriate and acceptable wildlife collection techniques with least or no
detrimental effects to the existing wildlife populations and their habitats
shall be used in said collection with due consideration to the welfare of the
wildlife species.
Rule 7.4.
Prior Informed Consent from the concerned indigenous people in
accordance with RA No. 8371 (Indigenous Peoples Rights Act (IPRA) of
1997) or prior clearance from the concerned local government unit and in
the case of protected areas, from the Protected Area Management Board
(PAMB) and other relevant agencies, bodies or institutions which exercise
authority over the collection area shall be obtained, in accordance with the
provisions of this Order.
Rule 7.5.
Collection of threatened species, their by-products and derivatives shall be
allowed only for scientific, or breeding or propagation purposes in
accordance with Section 23 of RA 9147.
Rule 7.6.
Collection of wildlife, except threatened species, by indigenous peoples
shall be allowed for traditional use and not primarily for trade. In case the
collection is for breeding/propagation or for commercial purposes, they
shall secure the necessary permit pursuant to this Order and subsequent
rules or regulations that may be hereinafter promulgated.
Rule 7.7
The Secretary or Council shall, after the conduct of scientific studies, issue
subsequent guidelines governing hunting of wildlife.
Section 8. Possession of Wildlife. No person or entity shall be allowed possession of wildlife
unless such person or entity can prove financial and technical capability to maintain said
wildlife: Provided, That the source was not obtained in violation of this Act.
72
Rule 8.1.
The Secretary or the Council or their authorized representatives shall
determine the financial and technical capability of the possessor of wildlife,
taking into consideration the maintenance requirements and value of the
subject wildlife.
Section 9. Collection and/or Possession of By-Products and Derivatives. By products and
derivatives may be collected and/or possessed, Provided, That the source was not obtained in
violation of this Act.
Rule 9.1.
Collection of by-products and derivatives may be undertaken provided
these are covered by permits issued by the Secretary or the Council or their
authorized representatives.
Section 10. Local Transport of Wildlife, By-Products and Derivatives. Local transport of
wildlife, by-products and derivatives collected or possessed through any other means shall be
authorized unless the same is prejudicial to the wildlife and public health.
Rule 10.1
Local transport of wildlife, by-products and derivatives shall be
accompanied by a Local Transport Permit (LTP) secured from the nearest
DENR /DA-BFAR Field Office or the PCSD Staff District Management
Office, as the case may be. Provided that the wildlife, by-products or
derivatives were collected or acquired in accordance with this Order and
subsequent rules and regulations as may be hereinafter promulgated by the
concerned agencies;
Rule10.2
A Quarantine/Veterinary Health Certificate for animals or a Phytosanitary
Certificate for plants secured from the Department of Agriculture shall also
accompany the transport of live specimens.
Section 11. Exportation and/or Importation of Wildlife. Wildlife species may be exported or
imported from another country as may be authorized by the Secretary or the designated
representative, subject to strict compliance with the provisions of RA 9147 and rules and
regulations promulgated pursuant thereto, Provided, That the recipient of the wildlife is
technically and financially capable to maintain it.
Rule 11.1
Wildlife species gathered or taken in violation of the provisions of R.A.
8550 or the Philippine Fisheries Code and its Implementing Rules and
Regulations shall not be allowed for exportation.
Rule 11.2
An export permit or import permit shall be issued by the Secretary after
compliance with the requirements and procedures imposed under each
agency’s respective rules and regulations.
Rule 11.3
Importation of exotic species may be allowed by the Secretary or the
authorized representative based on sound ecological, biological and
environmental justification resulting from scientific studies, subject to
biosafety standards and import risk analysis and/or other sanitary and
phytosanitary measures.
Rule 11.4
The Secretary shall promulgate rules and regulations for the importation
and introduction of exotic wildlife species.
73
Rule 11.5
For wildlife species, the DA shall require an export/import permit issued by
the DENR, as the case may be, prior to the issuance of the
phytosanitary/veterinary health certificate.
Rule 11.6
The rules and regulations under this Section shall also cover wildlife byproducts and derivatives.
Section 12. Introduction, Reintroduction or Restocking of Endemic or Indigenous Wildlife.
The introduction, reintroduction or restocking of endemic and indigenous wildlife shall be
allowed only for population enhancement or recovery purposes subject to prior clearance
from the Secretary or the authorized representative pursuant to Section 6 of RA 9147.
Any proposed introduction shall be subject to a scientific study which shall focus on
the bioecology. The proponent shall also conduct public consultations with concerned
individuals or entities.
Rule 12.1
The introduction, reintroduction and restocking of endemic and indigenous
wildlife shall be allowed only for population enhancement and recovery
purposes. For this purpose, the Secretary or the Council, upon
recommendation of the National Wildlife Management Committee
(NWMC), shall issue the necessary clearance prior to the conduct of said
activities.
Rule 12.2.
The clearance shall be issued upon compliance with the following
requirements:
a. Feasibility study and background research that shall focus on bioecology, conservation status of the species to be released/planted,
natural history of the species in the wild, status and suitability of the
proposed release/planting site, studies on previous re-introductions, if
any, risk analysis and management, and other relevant data as may be
necessary;
b. Management plan to include among others, preparatory activities such
as rehabilitation of habitat and species, protection, etc.; scheme for
release/plantation; and, subsequent monitoring of the released/planted
species; and,
c. Public consultation with concerned individuals or entities such as the
LGU, IPs, NGOs, POs, members of the academe and other
stakeholders. Proof(s) of public consultation conducted, such as
notice(s), minutes of the meeting, resolutions, endorsements,
attendance, publication etc., shall be submitted in support hereof.
Section 13. Introduction of Exotic Wildlife. No exotic species shall be introduced in the
country, unless a clearance from the Secretary or the authorized representative is first
obtained. In no case shall species be introduced into protected areas covered by Republic Act
7586 and to critical habitats under Section 25 hereof.
In cases where introduction is allowed, it shall be subject to environmental impact
study, which shall focus on the bioecology, socioeconomic and related aspects of the area
where the species shall be introduced. The proponent shall also be required to secure the
prior informed consent from the local stakeholders.
74
Rule 13.1
The introduction of exotic species as defined in this Order shall require the
prior clearance of the Secretary or the Council or their authorized
representatives, as the case may be, upon recommendation of the NWMC;
Provided that no introductions shall be made into protected areas and
critical habitats.
Rule 13.2
The clearance shall be issued after compliance with the following
requirements:
a. Environmental impact study focusing on the bio-ecology,
socioeconomic and related aspects of the area where the species will be
introduced and status and suitability of the proposed area where the
exotic species shall be introduced;
b. Scientific study and background research that shall include but not
limited to taxonomic status and other relevant data as may be
necessary, and risk assessment of the exotic species to be introduced;
c. Management plan to include, among others, preparatory activities such
as conditioning of species, protection; scheme for the introduction; and,
subsequent monitoring of the introduced species;
d. Prior Informed Consent from the local stakeholders secured in
accordance with the procedures outlined under the rules in Section 14
of this Order. Proof(s) of public consultation conducted, such as
notice(s), minutes of the meeting, resolutions, endorsements,
attendance, publication etc., shall be submitted in support hereof;
e. Submission of an affidavit of undertaking, stating that the proponent
shall establish a Monitoring and Research Fund to be utilized for the
monitoring, study or research purposes of the introduced exotic
species; and, that in case of unforeseen harmful effects to the
environment and to endemic species, control and/or eradicate the
introduced species in the area at his own expense. For this purpose, the
proponent shall post a bond, the amount of which shall be determined
by the Secretary or the Council.
(k)
Rule 13.3
Exotic wildlife that have already been introduced in one area and are
proposed to be introduced to another area shall likewise be governed by
Rules 13.1 and 13.2.
Section 14. Bioprospecting. Bioprospecting shall be allowed upon execution of an
undertaking by any proponent, stipulating therein its compliance with and commitment(s) to
reasonable terms and conditions that may be imposed by the Secretary, which are necessary
to protect biological diversity.
The Secretary or the authorized representative, in consultation with the concerned
agencies, before granting the necessary permit, shall require that prior informed consent be
obtained by the applicant from the concerned indigenous cultural communities, local
communities, management board under Republic Act 7586 or private individual entity. The
applicant shall disclose fully the intent and scope of the bioprospecting activity in a language
and process understandable to the community. The prior informed consent from the
indigenous peoples shall be obtained in accordance with existing laws. The action on the
bioprospecting proposal by the concerned bodies shall be made within a reasonable period.
75
Upon submission of the complete requirements, the Secretary shall act on the
research proposal within a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be actively
involved in the research, collection and, whenever applicable and appropriate, in the
technological development of the products derived from the biological and genetic resources.
Rule 14.1
The
DENR, DA and PCSD shall issue joint guidelines specific
for bioprospecting.
Section 15. Scientific Researches on Wildlife. Collection and utilization of biological
resources for scientific research and not for commercial purposes shall be allowed upon
execution of an undertaking/agreement with and issuance of a gratuitous permit by the
Secretary or the authorized representative: Provided, That prior clearance from concerned
bodies shall be secured before the issuance of a gratuitous permit: Provided, further, That the
last paragraph of Section 14 shall likewise apply.
Rule 15.1
The collection of wildlife for scientific research shall require the prior
execution of an Affidavit of Undertaking by the applicant or a
Memorandum of Agreement (MOA) between the Secretary or the Council
and the proponent, and the issuance of a Gratuitous Permit (GP) by the
Secretary or the Council. The MOA and GP shall, as far as practicable, be
signed and issued within one month after submission and completion of all
requirements.
Rule 15.2
The proponent shall also submit a letter of application, brief description of
the research activity or proposal, and endorsement letter of the Head of
Institution where the proponent is affiliated, or in the case of an individual
researcher, from a recognized expert at a research institution or
conservation organization. The Free and Prior Informed Consent of the IPs,
or prior clearance of the concerned LGUs, PAMB, private land owner
and/or other relevant agencies/institutions, where the collection shall be
made shall also be obtained.
Rule 15.3
If the applicant is a foreign entity or individual or a Filipino citizen
affiliated with a foreign institution, a Memorandum of Agreement shall be
executed with the Secretary or Council. In addition to the requirements
under the preceding Rule, a local institution must be identified as a research
collaborator or counterpart and the corresponding letter of consent of the
Head of such local institution should be submitted to the concerned agency.
Rule 15.4
The Affidavit of Undertaking or Memorandum of Agreement shall contain
the following minimum terms and conditions:
a.
b.
c.
d.
Spin-off technology shall not be developed out of the results of the
scientific study, research, thesis or dissertation;
Intellectual property rights over the results shall not be applied for
without the prior approval of the concerned agency;
The proponent shall submit to the concerned agency at the conclusion
of the research, the results and the recommended plan of action,
whenever applicable; and,
The Animal Welfare Protocol shall be observed as the case may be.
76
Rule 15.5
For purposes of thesis and dissertation of students affiliated with local
academic institutions, the issuance of a Gratuitous Permit by the Secretary
of the DENR through the PAWB Director or the concerned Regional
Executive Director, the Secretary of the DA through the BFAR Director or
concerned BFAR Regional Director or the Council through the Executive
Director of the PCSDS shall be sufficient, upon submission by the
applicant of a copy of the approved thesis proposal, endorsement letter
from the concerned Dean, and prior clearance from the concerned entities
or PIC certificate from the IP head.
Rule 15.6
For thesis and dissertation purposes by foreign applicants or Filipino
citizens affiliated with foreign institutions, the execution of a Memorandum
of Agreement with and issuance of the GP by the DENR, DA, or PCSD, as
the case may be, shall be required. The MOA shall, as far as practicable, be
signed and issued within one month after submission and completion of all
requirements.
Rule 15.7
Collection of specimens/samples by government agencies necessary to
address urgent concerns such as but not limited to red tide, ebola or ebolalike virus, malaria occurrences and the like as certified by the concerned
agency/office shall be exempted from these rules on scientific researches.
The DENR, DA or PCSD shall be informed, however, of the results of the
research conducted and recommended plan of action.
Rule 15.8
Other government initiated or implemented research or scientific projects
shall require the issuance of a Gratuitous Permit by the Secretary or the
Council, or their authorized representatives as provided in this Order upon
filing of a letter of application, submission of approved work and financial
plan, research proposal, grant agreement or Memorandum of Agreement, as
the case may be, and prior clearance from the concerned entities or PIC
certificate from the IP head.
Rule 15.9
Scientific researches involving conservation breeding or propagation
activities and other wildlife conservation projects initiated by nongovernment institutions shall be covered by the provisions of this Order.
The applicant shall submit the following documents to the concerned
agency:
a. Letter of Intent;
b. Research/Project Proposal;
c. Habitat restoration, protection and management plan for reintroduction
and restocking of captive-bred individuals (for conservation breeding
projects only);
d. Letter of Acceptance of local collaborators (for foreign applicants
only);
e. Institution’s Profile;
f. Endorsement from the Head of the Institution;
g. Prior clearance obtained in accordance with Rule 7.4 hereof;
h. Payment of application and processing fees in accordance with Section
21 hereof; and,
i. Others as may be required by the concerned agency.
Rule 15.10
Copies of research outputs shall be provided by the proponent to the DA,
DENR, PCSD, concerned LGUs, Indigenous Peoples and other concerned
77
agencies/institutions that have management control over the study or
collection sites.
Rule 15.11
All existing Academic Research Agreements (ARA) executed with the
DENR, DA, Department of Science and Technology (DOST), Department
of Health (DOH) pursuant to EO 247, and other Memoranda of Agreement
(MOA) with the DENR or DA shall remain valid and effective until
expiration. Provided that in the case of renewal, the new agreement or
undertaking shall conform with the requirements and procedures specified
herein or other rules and regulations as may be subsequently promulgated.
Section 16. Biosafety. All activities dealing on genetic engineering and pathogenic organisms
in the Philippines, as well as activities requiring the importation, introduction, field release
and breeding of organisms that are potentially harmful to man and the environment shall be
reviewed in accordance with the biosafety guidelines ensuring public welfare and the
protection and conservation of wildlife and their habitats.
Rule 16.1
Existing biosafety protocol shall be observed in all activities dealing on
genetic engineering and pathogenic organisms, including their importation,
introduction, field release and breeding.
Rule 16.2
The following activities shall undergo the process of Environmental
Impact Assessment (EIA):
a. introduction of exotic fauna in private/public forests;
b. field release of any pathogenic organism;
c. field testing of any genetically-engineered organism: (i) in an
Environmentally Critical Area; (ii) the conduct of which has been
determined by the DENR-Environmental Management Bureau and the
DA-Bureau of Plant Industry, as posting significant risks to the
environment.
Section 17. Commercial Breeding or Propagation of Wildlife Resources. Breeding or
propagation of wildlife for commercial purposes shall be allowed by the Secretary or the
authorized representative pursuant to Section 6 through the issuance of wildlife/culture
permit: Provided, That only progenies of wildlife raised, as well as unproductive parent stock
shall be utilized for trade: Provided further, That commercial breeding operations for
wildlife, whenever appropriate, shall be subject to an environmental study.
Rule 17.1
Any Filipino citizen or corporation, partnership, association, cooperative, at
least 60% of the capital of which is owned by Filipino citizens allowed to
collect wildlife for commercial breeding or propagation purposes shall be
issued a Wildlife Collector’s Permit (WCP) by the PAWB or BFAR
Director or concerned Regional Executive Director of the DENR or
Regional Director of the DA-BFAR, Executive Director of the PCSD, and
Wildlife Farm Permit (WFP) by the concerned Regional Executive Director
of the DENR or the Regional Director of the DA-BFAR or the Executive
Director of the PCSDS.
Rule 17.2
The WCP shall authorize the collection of parental or founder stock while
the WFP shall authorize the holder of WCP to engage in the breeding of the
collected stock, provided that only progenies or propagated individuals
78
shall be utilized for trade, except as may be allowed under Section 18 of
this Order. In case of fauna, the unproductive parent stock duly reported to
and verified by the DENR as unproductive, may also be allowed for trade
or re-introduction to the wild, pursuant to the rules under Section 12 of this
Order. For stocks obtained through importation or acquired from an
accredited or registered breeding facility, only a WFP shall be required. If
the collection sites are confined within one (1) region, the WCP shall be
issued by the concerned Regional Executive Director of the DENR or
Regional Director of the DA-BFAR, while the PAWB or BFAR Director
shall issue said permit if the collection sites cover several regions.
Rule 17.3
For non-Filipino citizens, corporations, partnerships, or associations, a
WFP shall only be issued if the parental stock are either captive-bred or
obtained through importation.
Rule 17.4
A system of marking, genetic characterization or tagging as prescribed by
the concerned agency after consultation with concerned wildlife collectors
or breeders shall be followed and implemented for identification of the
parent stock and its offspring, whenever appropriate and practicable.
Rule 17.5
The Secretary or the Council shall by subsequent rules and regulations to
be promulgated, prescribe the requirements and procedures for the issuance
of a WCP and WFP.
Section 18. Economically Important Species. The Secretary within one (1) year after the
effectivity of this Act, shall establish a list of economically-important species. A population
assessment of such species shall be conducted within a reasonable period and shall be
regularly reviewed and updated by the Secretary.
The collection of certain species shall only be allowed when the results of the
assessment show that, despite certain extent of collection, the population of such species can
still remain viable and capable of recovering its numbers. For this purpose, the Secretary
shall establish a schedule and volume of allowable harvests.
Whenever an economically important species becomes threatened, any form of
collection shall be prohibited except for scientific, educational or breeding/propagation
purposes, pursuant to the provisions of this Act.
Rule 18.1
A national list of economically important species, including the schedule,
volume of allowable harvest, regional/ geographical distribution and areas
of collection, shall be prepared by the Secretary, upon recommendation of
each Department’s National Wildlife Management Committee, in
consultation with the Council, concerned scientific institutions,
conservation groups, stakeholders and the industry. The list shall be
reviewed and updated regularly.
Rule 18.2
Only Filipino citizens, or corporations, partnerships, cooperatives or
associations 60% of the capital of which is owned by Filipinos, shall be
allowed to collect non-threatened economically important species for direct
trade purposes. This may be done upon the issuance of a Wildlife Special
Use Permit (WSUP) by the Secretary of the DENR, or an equivalent permit
of the DA or the concerned city or municipality in case of marine/aquatic
species found in municipal waters, or an equivalent permit from the
Council, or their authorized representatives. The permit shall be issued
79
upon compliance with the requirements and procedures prescribed in
subsequent rules and regulations to be promulgated by the concerned
agencies, provided that the use shall only be allowed when the population
of the species can remain viable and sustainable.
Rule 18.3
In case non-threatened economically important species shall be used for
commercial breeding/propagation or bioprospecting, the provisions of the
rules under Sections 14 and 17 of this Order shall apply.
Section 19. Designation of Management and Scientific Authorities for International Trade
in Endangered Species of Wild Fauna and Flora. For the implementation of international
agreement on international trade in endangered species of wild fauna and flora, the
management authorities for terrestrial and aquatic resources shall be the Protected Areas
and Wildlife Bureau (PAWB) of the DENR and the Bureau of Fisheries and Aquatic
Resources (BFAR) of the DA, respectively and that in the Province of Palawan the
implementation hereof is vested to the Palawan Council for Sustainable Development
pursuant to Republic Act No. 7611.
To provide advice to the management authorities, there shall be designated scientific
authorities for terrestrial and aquatic/marine species. For the terrestrial species, the
scientific authorities shall be the Ecosystems Research and Development Bureau (ERDB) of
the DENR, the U.P. Institute of Biological Sciences and the National Museum and other
agencies as may be designated by the Secretary. For the marine and aquatic species, the
scientific authorities shall be the BFAR, the U.P. Marine Science Institute, U.P. Visayas,
Silliman University and the National Museum and other agencies as may be designated by the
Secretary: Provided, that, in the case of terrestrial species, the ERDB shall chair the
scientific authorities, and in the case of marine and aquatic species, the U.P. Marine Science
Institute shall chair the scientific authorities.
Rule 19.1
Functions of the CITES Management Authorities:
a. Issue and accept permits and certificates for species listed under CITES
and falling under their respective jurisdictions;
b. Monitor the trade of wildlife from and into the country;
c. Prepare and circulate official information on CITES;
d. Coordinate with the CITES Secretariat and prepare annual and biennial
reports for submission thereto;
e. Coordinate with law enforcement agencies, customs and other
government agencies, and NGOs for the implementation of the
Convention;
f. Prepare proposals and formulate country position on other country
proposals;
g. Implement and enforce provisions of the Convention, CoP resolutions,
and amendments to the Appendices of the CITES;
h. Receive inputs from and coordinate with the Scientific Authorities. The
Management Authority has the option to seek the advice of any of the
Scientific Authorities or can meet all the Scientific Authorities for their
collegial recommendation or advice;
i. Represent the country in the CITES Conference of Parties (CoP);
Rule 19.2
The CITES Management Authorities shall convene twice a year or as the
need arises to discuss issues and concerns arising from the implementation
of CITES. The Management Authorities shall take turns in hosting
80
meetings, assume the Secretariat function and shoulder related expenses
thereof.
Rule 19.3
Functions of the Scientific Authorities:
a. Advise the Management Authorities on whether export of species listed
under Appendices II and III is detrimental to the survival of the species
in the wild. Findings and advice of the Scientific Authorities of the
country of export should be based on the scientific review of available
information on the population status, distribution, population trend,
harvest and other biological and ecological factors, as appropriate, and
trade information relating to the species concerned;
b. Advise the Management Authorities whether export or import of
species listed under Appendix I for scientific/conservation breeding
purposes will not be detrimental to the survival of the species in the
wild;
c. Monitor the status of Appendix II species and export data, and
recommend, if necessary, suitable remedial measures to limit the export
of specimens in order to maintain each species throughout its range at a
level consistent with its role in the ecosystem and well above the level
at which the species might become eligible for inclusion in Appendix I;
d. Provide advice to the Management Authorities on the suitability of the
recipient to house and care for live specimens of Appendix I species
being imported;
e. Provide advice as to whether or not scientific institutions seeking
registration for the purpose of being issued labels for scientific
exchange meet the criteria established by the CITES Resolutions and
other standards of any stricter national requirements;
f.
Gather and analyze information on the biological and conservation
status of species affected by trade to assist in the preparation of
proposals necessary to amend the Appendices;
g. Review proposals to amend the Appendices submitted by other Parties
and make recommendations to the delegation of the country on how it
should address each proposal;
h. Provide advice to the Management Authorities on other important
matters;
Rule 19.4
The Scientific Authorities shall be entitled to honoraria, subject to the
availability of funds and the usual accounting and auditing rules and
regulations;
Section 20. Authority of the Secretary to Issue permits. The Secretary or the duly authorized
representative, in order to effectively implement this Act, shall issue
permits/certifications/clearances with corresponding period of validity, whenever
appropriate, which shall include but not limited to the following:
(1) Wildlife farm or culture permit
3 to 5 years;
81
(2) Wildlife collector’s permit
(3) Gratuitous permit
(4) Local transport permit
(5) Export/Import/Re-export permit
1 to 3 years;
1 year;
1 to 3 months; and
1 to 6 months.
These permits may be renewed subject to the guidelines issued by the appropriate
agency and upon consultation with concerned groups.
Rule 20.1
The Secretary or Council is authorized to issue a Wildlife Special Use
Permit in accordance with Section 18 hereof.
Rule 20.2
The Secretary or the Council shall promulgate subsequent rules and
regulations prescribing the requirements and procedures for the issuance of
the permits mentioned in this Section, including the Wildlife Special Use
Permit as mentioned in Rule 20.1.
Section 21. Fees and Charges. Reasonable fees and charges as may be determined upon
consultation with the concerned groups, and in the amount fixed by the Secretary shall be
imposed for the issuance of permits enumerated in the preceding section.
For the export of wildlife species, an export permit fee of not greater than three
percentum (3%) of the export value, excluding transport costs, shall be charged: Provided,
however, That in the determination of aforesaid fee, the production costs shall be given due
consideration. Cutflowers, leaves and the like, produced from farms shall be exempted from
the said export fee: Provided, further, That fees and charges shall be reviewed by the
Secretary every two (2) years or as the need arises and revise the same accordingly, subject
to consultation with concerned sectors.
Rule 21.1
The Secretary or the Council shall promulgate subsequent rules and
regulations prescribing the rates of fees and charges on the various
activities concerning wildlife resources. All conservation projects,
including research and development, being implemented by any Philippine
government agency, office or entity are exempted from the payment of
these fees and charges.
ARTICLE TWO
Protection of Threatened Species
Section 22. Determination of Threatened Species. The Secretary shall determine whether
any wildlife species or subspecies is threatened, and classify the same as critically
endangered, endangered, vulnerable or other accepted categories based on the best scientific
data and with due regard to internationally accepted criteria, including but not limited to the
following:
A. present or threatened destruction, modification or curtailment of its habitat or
range;
B. over-utilization for commercial, recreational, scientific or educational
purposes;
C. inadequacy of existing regulatory mechanisms; and,
D. other natural or man-made factors affecting the existence of wildlife.
The Secretary shall review, revise and publish the list of categorized threatened wildlife
within one (1) year after effectivity of this Act. Thereafter, the list shall be updated regularly
82
or as the need arises: Provided, that a species listed as threatened shall not be removed
therefrom within three (3) years following its initial listing.
Upon filing of a petition based on substantial scientific information of any person seeking
for the addition or deletion of a species from the list, the Secretary shall evaluate in
accordance with the relevant factors stated in the first paragraph of this section, the status of
the species concerned and act on said petition within a reasonable period.
The Secretary shall also prepare and publish a list of wildlife which resembles so closely
in appearance with threatened wildlife, which species shall likewise be categorized as
threatened.
Rule 22.1
The DENR, DA and the PCSD shall in the interim continue to implement
the existing national list of threatened species without prejudice, however,
to subsequent listing of threatened species based on revised or updated
national criteria. Provided that due consideration shall be given to the best
scientific and commercial data available and internationally accepted
criteria mentioned in Section 22 hereof and additionally by the factor of
disease or predation.
Rule 22.2
A Philippine Red List Committee (PRLC) for Plants/Animals shall be
created by the DENR and the DA, in consultation with the Council, to
develop the criteria for the determination of threatened species and their
classification as critically endangered, endangered, vulnerable or other
accepted categories based on the best scientific and commercial data
available and with due regard to internationally accepted criteria as
mentioned in Section 22 hereof and additionally by disease or predation.
Rule 22.3
The Secretary shall review, revise and publish the list of categorized
threatened wildlife, upon consultation with the Council, scientific
institutions, the academe, and other stakeholders, which shall be updated
regularly as the need arises, provided that a species listed as threatened
shall not be removed therefrom within three (3) years following its initial
listing. The Secretary upon recommendation of the Director and upon
consultation with the NWMC and affected local communities may impose
conditions/ qualifications as to the date of effectivity and application of
restriction on the collection and trade of certain wildlife species, their byproducts and derivatives in the list.
Rule 22.4
Upon filing of a petition based on substantial scientific information of any
person seeking for the addition or deletion of a species from the list, the
Secretary, in consultation with the concerned PRLC, shall evaluate said
petition in accordance with the relevant factors stated in the first paragraph
of this section, the status of the species concerned and act on the said
petition within a reasonable period.
Rule 22.5
The Secretary, in consultation with the concerned PRLC, shall also prepare
and publish a list of wildlife that resembles so closely in appearance with
listed threatened wildlife, which species shall likewise be categorized as
threatened.
Section 23. Collection of Threatened Wildlife, By-Products and Derivatives. The collection
of threatened wildlife, as determined and listed pursuant to this Act, including its by-products
and derivatives, shall be allowed only for scientific, or breeding or propagation purposes in
83
accordance with Section 6 of this Act: Provided, that only the accredited individuals,
business, research, educational or scientific entities shall be allowed to collect for
conservation breeding or propagation purposes.
Rule 23.1
The collection of threatened species of wildlife as determined, listed and
published by the Secretary, including their by-products and derivatives as
defined in this Implementing Rules and Regulations, shall be allowed only
for scientific or breeding or propagation purposes in accordance with the
rules under Section 7 hereof, provided that only accredited individuals,
business, research, educational or scientific entities shall be allowed to
collect for conservation or breeding purposes in accordance with the rules
under Section 24 hereof.
Rule 23.2
The Secretary or the Council shall by subsequent regulations to be
promulgated, prescribe the qualifications of and procedures for the
accreditation of individuals or entities desiring to collect threatened species
for scientific or breeding or propagation purposes.
Section 24. Conservation Breeding or Propagation of Threatened Species. Conservation
breeding or propagation of threatened species shall be encouraged in order to enhance its
population in its natural habitat. It shall be done simultaneously with the rehabilitation
and/or protection of the habitat where the captive-bred or propagated species shall be
released, reintroduced or stocked.
Commercial breeding or propagation of threatened species may be allowed provided
that the following minimum requirements are met by the applicant, to wit:
A.
B.
Proven effective breeding and captive management techniques of the species;
and,
Commitment to undertake commercial breeding in accordance with section 17
of this Act, simultaneous with conservation breeding.
The Secretary shall prepare a list of threatened species for commercial breeding and
shall regularly revise or update such list or as the need arises.
Rule 24.1
The Secretary or the Council shall, by subsequent regulations to be
promulgated, prescribe requirements in addition to the minimum
requirements stated in Section 24 hereof and the procedures for the
issuance of permits for the conservation breeding or propagation of
threatened species.
Rule 24.2
A list of threatened species for commercial breeding purposes shall be
prepared by the Secretary, upon recommendation of the Philippine Red List
Committee (PRLC) for Plants or Animals, as the case may be in
consultation with scientific and educational institutions, and other
concerned stakeholders. The list shall be regularly revised or updated.
Rule 24.3
Commercial breeding or propagation of threatened species may be allowed
provided that the following minimum requirements are met by the
applicant, to wit:
a. Proven effective breeding and captive management techniques of the
species;
84
b. Commitment to undertake commercial breeding in accordance with
section 17 of this Act, simultaneous with conservation breeding; and,
c. Implement programs/measures for the rehabilitation and/or protection
of the habitat where the captive-bred or propagated species shall be
released, reintroduced or stocked.
Section 25. Establishment of Critical Habitats. Within two (2) years following the effectivity
of this Act, the Secretary shall designate critical habitats outside protected areas under
Republic Act No. 7586, where threatened species are found. Such designation shall be made
on the basis of the best scientific data taking into consideration species endemicity and/or
richness, presence of man-made pressures/threats to the survival of wildlife living in the area,
among others.
All designated critical habitats shall be protected, in coordination with the local
government units and other concerned groups, from any form of exploitation or destruction
which may be detrimental to the survival of the threatened species dependent therein. For
such purpose, the Secretary may, by purchase, donation or expropriation, lands, or interests
therein, including the acquisition of usufruct, establishment of easements or other
undertakings appropriate in protecting the critical habitat.
Rule 25.1
The designation of critical habitats where threatened species are found,
outside of protected areas under Republic Act 7586, shall be based on a set
of criteria to be promulgated by the Secretary or Council in subsequent
rules or regulations. The Secretary or Council, in designating areas as
critical habitats, shall give due regard to the best scientific data available
taking into consideration species endemicity and/or richness, presence of
man-made pressures/threats to the survival of wildlife living in the area,
and the socioeconomic and other relevant impacts.
Rule 25.2
The Secretary or the Council by subsequent regulations shall establish the
procedures for the designation of critical habitats.
Rule 25.3
The Secretary of the DENR shall designate critical habitats in terrestrial
and wetland areas, while the Secretary of the DA shall designate critical
habitats in aquatic areas, provided that designation of critical habitats in
municipal waters shall require prior consultation with the City or Municipal
Government and the Fisheries Aquatic Resources Management Council
(FARMC) and other stakeholders. The Council shall designate critical
habitats in the Province of Palawan.
Rule 25.4
If the habitat of the wildlife species comprises both terrestrial and aquatic
areas, the critical habitat shall be established jointly by the DENR and DA.
Rule 25.5
Initially the 170 terrestrial and 36 marine conservation priority areas
identified by the Philippine Biodiversity Conservation Priority Setting
Program shall be considered in the establishment of critical habitats, only
after a series of public consultations with all stakeholders, i.e., fisherfolks,
Fisheries and Aquatic Resources Management Councils (FARMCs), Local
Government Units (LGUs), Government Organizations (GOs), NonGovernment Organizations (NGOs), and taking into consideration the
principle of integrated resource management.
85
ARTICLE THREE
Registration of Threatened and Exotic Species
Section 26. Registration of Threatened and Exotic Wildlife in the Possession of Private
Persons. No person or entity shall be allowed possession of wildlife unless such person or
entity can prove financial and technical capability and facility to maintain said wildlife.
Twelve (12) months after the effectivity of this Act, the Secretary shall set a period, within
which persons/entities shall register all threatened species collected and exotic species
imported prior to the effectivity of this Act. However, when the threatened species is needed
for breeding/propagation or research purposes, the State may acquire the wildlife through a
mutually acceptable arrangement.
After the period set has elapsed, threatened wildlife possessed without certificate of
registration shall be confiscated in favor of the government, subject to the penalties herein
provided.
All Philippine wildlife which are not listed as threatened prior to the effectivity of this
Act but which may later become so, shall likewise be registered during the period set after the
publication of the updated threatened list of threatened species.
Rule 26. 1
All threatened indigenous and endemic fauna, and all exotic species in the
possession of private individuals or entities without permit from the
government agency concerned shall be registered within the period to be
declared by the Secretary. The possessor of said wildlife shall be issued a
Certificate of Wildlife Registration (CWR) for the purpose, provided such
person or entity can prove financial and technical capability and has the
facility to maintain said wildlife. However, when the threatened species is
needed for breeding/propagation or research purposes, the State may
acquire the wildlife through a mutually acceptable arrangement.
Rule 26.2
For plants, only threatened and/or economically important species listed
pursuant to the rules under Section 18 hereof, including threatened exotic
plants, maintained in nurseries for commercial purposes shall be registered.
For hobbyists, submission of a list of threatened plants in their possession
shall be sufficient.
Rule 26.3
After the period set has elapsed, threatened wildlife possessed without
CWR shall be confiscated in favor of the government, subject to the
penalties herein provided.
Rule 26.4
All Philippine wildlife which are not listed as threatened prior to the
effectivity of RA No. 9147 but which may later be listed as threatened,
shall likewise be registered during the period set after the publication of the
updated list of threatened species.
Rule 26.5
For monitoring and record purposes and to facilitate management of nonthreatened species that have the tendency to become threatened due to
over-collection, predation, destruction of habitat or other similar causes,
non-threatened wild fauna being maintained in captivity by individuals and
entities shall likewise be registered with the concerned agency.
Rule 26.6
Threatened and/or exotic species of wild fauna being maintained in
facilities such as but not limited to zoos, parks and aquaria of government
agencies or institutions shall also be registered with the concerned agency.
86
Threatened and/or economically important species of wild flora being
maintained in garden or similar facilities of government agencies and
institutions shall also be registered. For museums and herbaria, submission
of a list of specimens of threatened wildlife being kept in said institutions
shall be sufficient.
Rule 26.7
The Secretary or the Council, shall, by subsequent rules and regulations,
prescribe the process and requirements for registration. A CWR shall be
issued to those who will register species of wildlife in their possession, and
shall by virtue of the CWR, be subject to certain rights and obligations, to
be further defined in subsequent regulations or resolutions.
Rule 26.8
The CWR does not confer the holder the privilege to collect animals/plants
from the wild or other illegal sources unless granted a permit in accordance
with the provisions of this Order and subsequent rules and regulations that
may be hereinafter promulgated.
Rule 26.9
Deliberate disregard of the terms and conditions of the CWR shall be a
ground for the cancellation of said certificate after due process and shall
cause confiscation of all existing wildlife in favor of the government
without prejudice to the application of other measures as provided for
under existing laws, rules and regulations.
Rule 26.10 Wildlife acquired from legal sources shall also be registered anytime upon
submission of proof of acquisition thereof.
CHAPTER IV
ILLEGAL ACTS
Section 27. Illegal Acts. Unless otherwise allowed in accordance with this Act, it shall be
unlawful for any person to willfully knowing exploit wildlife resources and their habitats, or
undertake the following acts:
a. killing and destroying wildlife species, except in the following instances;
i.
when it is done as part of the religious rituals of established tribal groups or
indigenous cultural communities;
ii. when the wildlife is afflicted with an incurable communicable disease;
iii. when it is deemed necessary to put an end to the misery suffered by the
wildlife;
iv. when it is done to prevent an imminent danger to the life or limb of a human
being; and
v. when the wildlife is killed or destroyed after it has been used in authorized
research or experiments.
b. inflicting injury which cripples and/or impairs the reproductive system of wildlife
species;
c. effecting any of the following acts in critical habitat(s):
87
i.
dumping of waste products detrimental to wildlife;
ii. squatting or otherwise occupying any portion of the critical habitat;
iii. mineral exploration and/or extraction;
iv. burning;
v. logging; and
vi. quarrying
d. introduction, reintroduction or restocking of wildlife resources;
e. trading of wildlife;
f.
collecting, hunting or possessing wildlife, their by-products and derivatives;
g. gathering or destroying of active nests, nest trees, host plants and the like;
h. maltreating and/or inflicting other injuries not covered by the preceding paragraph;
and
i.
transporting of wildlife.
Rule 27.1.
For killing of any form of wildlife to be justified under pars. ii and iii of
Section 27 (a) of the Act, a prior certification from a Licensed Veterinarian
that the concerned wildlife is afflicted with an incurable disease or that the
euthanasia is done to put an end to the misery of said wildlife;
Rule 27.2.
In accordance with Section 7 of the Act, only the killing of wildlife species
not classified as threatened, as part of religious rituals of established
indigenous cultural communities may qualify under par. i of Section 27 (a)
of the Act.
CHAPTER V
(l) FINES AND PENALTIES
Section 28. Penalties for Violations of this Act. For any person who undertakes illegal acts
under paragraph (a) of the immediately preceding section to any species as may be
categorized pursuant to this Act, the following penalties and/or fines shall be imposed:
a. imprisonment of a minimum of six (6) years and one (1) day to twelve (12) years
and/or a fine of One Hundred Thousand Pesos (P100,000.00) to One Million Pesos
(P1,000,000.00), if inflicted or undertaken against species listed as critical;
b. imprisonment of four (4) years and one (1) day to six (6) years and/or a fine of Fifty
Thousand Pesos (P50,000.00), to Five Hundred Thousand Pesos (P500,000.00), if
inflicted or undertaken against endangered species;
88
c.
imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Thirty Thousand Pesos (30,000.00) to Three Hundred Thousand Pesos
(P300,000.00), if inflicted or undertaken against vulnerable species;
d. imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Twenty
Thousand Pesos (20,000.00) to Two Hundred Thousand Pesos (P200,000.00), if
inflicted or undertaken against other threatened species; and,
e.
imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of Ten
Thousand Pesos (10,000.00) to One Hundred Thousand Pesos (P100,000.00), if
inflicted or undertaken against other wildlife species.
For illegal acts under paragraph (b) of the immediately preceding section, the
following penalties and/or fines shall be imposed:
a. imprisonment of a minimum of four (4) years and one (1) day to six (6) years and/or
a fine of Fifty Thousand Pesos (P50,000.00) to Five Hundred Thousand Pesos
(P500,000.00), if inflicted or undertaken against species listed as critical;
b. imprisonment of two (2) years and one (1) day to four (4) years and/or a fine of
Thirty Thousand Pesos (P30,000.00) to Two Hundred Thousand Pesos
(P200,000.00), if inflicted or undertaken against endangered species;
c. imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of
Twenty Thousand Pesos (P20,000.00) to Two Hundred Thousand Pesos
(P200,000.00), if inflicted or undertaken against vulnerable species;
d. imprisonment of a six (6) months and one (1) day to one (1) year and/or a fine of Ten
Thousand Pesos (P10,000.00) to Fifty Thousand Pesos (P50,000.00), if inflected or
undertaken against other threatened species; and
e. imprisonment of a one (1) month to six and one (1) day to six (6) months and/or a
fine of Five Thousand Pesos (P5,000.00) to Twenty Thousand Pesos (P20,000.00), if
inflicted or undertaken against other wildlife species;
For illegal acts under paragraphs (c) and (d) of the immediately preceding section,
an imprisonment of one (1) month to eight (8) years and/or a fine of Five Thousand Pesos
(P5,000.00) to Five Million Pesos (P5,000,000.00) shall be imposed.
For illegal acts under paragraph (e), the following penalties and/or fines shall be
imposed:
a. imprisonment of a two (2) years and one (1) day to four (4) years and/or a fine of
Five Thousand Pesos (P5,000.00) to Three Hundred Thousand Pesos (P300,000.00),
if inflicted or undertaken against species listed as critical;
b. imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of Two
Thousand Pesos (P2,000.00) to Two Hundred Thousand Pesos (P200,000.00), if
inflicted or undertaken against endangered species;
c. imprisonment of six (6) months and one (1) day to six (6) months and/or a fine of One
Thousand Pesos (P1,000.00) to One Hundred Thousand Pesos (P100,000.00), if
inflicted or undertaken against vulnerable species;
89
d. imprisonment of a one (1) month and one (1) day to six (6) months and/or a fine of
Five Hundred Pesos (P500.00) to Fifty Thousand Pesos (P50,000.00), if inflected or
undertaken against other threatened species; and,
e. imprisonment of ten (10) days to one (1) month and/or a fine of Two Hundred Pesos
(P200.00) to Twenty Thousand Pesos (P20,000.00), if inflicted or undertaken against
other wildlife species;
For illegal acts under paragraphs (f) and (g) of the immediately preceding section,
the following penalties and/or fines shall be imposed:
a. imprisonment of two (2) years and one (1) day to four (4) years and a fine of Thirty
Thousand Pesos (P30,000.00) to Three Hundred Thousand Pesos (P300,000.00), if
inflicted or undertaken against species listed as critical;
b. imprisonment of one (1) year and one (1) day to two (2) years and a fine of Twenty
Thousand Pesos (P20,000.00) to Two Hundred Thousand Pesos (P200,000.00), if
inflicted or undertaken against endangered species;
c. imprisonment of six (6) months and one (1) day to one (1) year and a fine of Ten
Thousand Pesos (P10,000.00) to One Hundred Thousand Pesos (P100,000.00), if
inflicted or undertaken against vulnerable species;
d. imprisonment of a one (1) month and one (1) day to six (6) months and a fine of Five
Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00), if inflicted or
undertaken against species listed as other threatened species; and,
e. imprisonment of ten (10) days to one (1) month and a fine of One Thousand Pesos
(P1,000.00) to Five Thousand Pesos (P5,000.00), if inflicted or undertaken against
other wildlife species: Provided. That in case of paragraph (f), where the acts were
perpetuated through the means of inappropriate techniques and devices, the
maximum penalty herein provided shall be imposed.
For illegal acts under paragraphs (h) and (i) of the immediately preceding section,
the following penalties and/or fines shall be imposed:
a. imprisonment of six (6) months and one (1) day to one (1) year and a fine of Fifty
Thousand Pesos (P50,000.00) to One Hundred Thousand Pesos (P100,000.00), if
inflicted or undertaken against species listed as critical;
b. imprisonment of three (3) months and one (1) day to six (6) months and a fine of
Twenty Thousand Pesos (P20,000.00) to Fifty Thousand Pesos (P50,000.00), if
inflicted or undertaken against endangered species;
c. imprisonment of one (1) month and one (1) day to year Three (3) months and a fine
of Five Thousand Pesos (P5,000.00) to Twenty Thousand Pesos (P20,000.00), if
inflicted or undertaken against vulnerable species;
d. imprisonment of ten (10) days and one (1) month and a fine of One Thousand Pesos
(P1,000.00) to Five Thousand Pesos (P5,000.00), if inflicted or undertaken against
species listed as other threatened species;
90
e. imprisonment of five (5) days to ten (10) days and a fine of Two Hundred Pesos
(P200.00) to One Thousand Pesos (P1,000.00), if inflicted or undertaken against
other wildlife species.
All wildlife, its derivatives or by-products, and all paraphernalia, tools and
conveyances used in connection with violations of this Act, shall be ipso facto forfeited in
favor of the government: Provided, That where the ownership of the aforesaid conveyances
belong to third persons who has no participation in or knowledge of the illegal acts, the same
may be released to said owner. The apprehending agency shall immediately cause the
transfer of all wildlife that have been seized or recovered to the nearest Wildlife Rescue
Center of the Department in the area.
If the offender is an alien, he shall be deported after service of sentence and payment
of fines, without any further proceedings.
The fines herein prescribed shall be increased by at least ten percent (10%) every
three (3) years to compensate for inflation and to maintain the deterrent function of such
fines.
Rule 28.1
For purposes of this Order, the list of critically endangered species shall
also include those listed under Appendix I of CITES while endangered
species shall also include those listed under Appendices II and III. Other
wildlife shall refer to non-threatened species.
Rule 28.2
The last paragraph of this Section on the increase of the amounts of the
fines by ten percent (10%) every after three (3) years to be reckoned from
the effectivity of RA No. 9147 shall take effect automatically without the
issuance of regulations.
Rule 28.3
Upon apprehension, all wildlife, its derivatives or by-products and all
paraphernalia, tools and conveyances used in connection with any of the
violations mentioned in Section 28 shall be automatically confiscated
without the benefit of court order and kept in custody by the concerned
agency. The apprehending agency, after documentation of all
seized/recovered wildlife, shall immediately cause the transfer of all seized
or recovered wildlife to the nearest Wildlife Rescue Center, provided that
all perishable and consumable items still fit for human or animal
consumption shall be donated to non-profit, charitable or penal institutions
or wildlife rescue centers.
Rule 28.4
In case of conveyances belonging to third persons who have no
participation in or knowledge of the illegal acts committed as determined
by the court, the same shall be released to said owner only upon order of
the court.
CHAPTER VI
MISCELLANEOUS PROVISIONS
Section 29. Wildlife Management Fund. There is hereby established a Wildlife Management
fund to be administered by the Department as a special account in the National Treasury. It
shall finance rehabilitation or restoration of habitats affected by acts committed in violation
of this Act and support scientific research, enforcement and monitoring activities, as well as
enhancement of capabilities of relevant agencies.
91
The Fund shall derive from fines imposed and damages awarded, fees, charges,
donations, endowments, administrative fees or grants in the form of contributions.
Contributions to the Fund shall be exempted from donor taxes and all other taxes, charges or
fees imposed by the government.
Rule 29.1
A Wildlife Management Fund shall each be established by the DENR, the
DA and the PCSD, pursuant to Section 29 of RA No. 9147.
Rule 29.2
The Wildlife Management Funds shall be used by the DENR, the DA or the
PCSD, to finance their respective activities, such as rehabilitation or
restoration of habitats affected by acts committed in violation of said Act,
support to scientific researches, enforcement and monitoring activities as
well as enhancement of capabilities of relevant agencies; Provided that
funds generated from the use of wildlife resources within protected areas
shall accrue to the Integrated Protected Area Fund in accordance with RA
7586.
Rule 29.3
The Fund shall be derived from fines imposed for violations of RA No.
9147 as appropriated under Section 29 thereof and damages awarded, fees,
charges, donations, endowments, administrative fees or grants in the form
of contributions and such other revenues as may be derived from wildliferelated activities such as but not limited to: entrance fees, bioprospecting
fees, permit fees of all kinds, auction or direct sale of captive, confiscated,
donated or turned-over wildlife and their by-products or derivatives,
paraphernalia, tools, and the like.
Rule 29.4
Contributions to the Fund shall be exempted from donor taxes and all other
taxes, charges or fees imposed by the government subject to existing rules
and regulations.
Rule 29.5
The respective Wildlife Management Funds of the DENR, DA or PCSD
shall be administered by the DENR through PAWB and the DENR
Regional Offices, the DA through the BFAR or the PCSD through the
PCSD Staff, as the case may be, as a special account in the National
Treasury. For this purpose, the Secretary or the Council shall create a
special body within PAWB, BFAR or PCSD Staff, as the case may be, to
decide on fund collection, allocation and disbursement system, including
the creation of sub-funds, where necessary.
Section. 30. Deputation of Wildlife Enforcement Officers. The Secretary shall deputize
wildlife enforcement officers from non-government organizations, citizens groups, community
organization and other volunteers who have undergone the necessary training for this
purpose. The Philippine National Police (PNP), the Armed Forces of the Philippines (AFP),
the National Bureau of Investigation (NBI) and other law enforcement agencies shall
designate wildlife enforcement officers. As such, the wildlife enforcement officers shall have
the full authority to seize illegally traded wildlife and to arrest violators of this Act subject to
existing laws, rules and regulations on arrest and detention.
Rule 30.1
The Secretary or the Council or their authorized representatives shall
deputize as Wildlife Enforcement Officers (WEOs), individuals who have
undergone and passed training on basic knowledge of wildlife laws, rules
and regulations; CITES provisions; wildlife identification; basic training in
the preparation of reports, affidavits, sworn statement, seizure and turn-
92
over receipt, inventory report, filing of complaint in court, inspection
procedure/safety, surveillance, smuggling techniques, method of
concealment, documentation of frauds and detection of falsified or invalid
documents; and prosecution of wildlife cases.
Rule 30.2
The Philippine National Police, Armed Forces of the Philippines, National
Bureau of Investigation, Philippine Coast Guard and other law enforcement
agencies shall furnish the DENR, DA and PCSD with the list of their
employees designated as wildlife enforcement officers who shall have
undergone the necessary training for this purpose.
Rule 30.3
Wildlife Enforcement Officers must possess the following qualifications:
a. Must be a resident of, or assigned to, the area specified in the
deputation/designation order;
b. Must be able to read and write;
c. Must be at least 18 years old and not more than 60 years old;
d. Must be physically fit and mentally sound;
e. Of good moral character; and,
f. Willing to perform and undertake the functions and duties of a
wildlife enforcement officer.
Rule 30.4
The Wildlife Enforcement Officers shall perform the following duties and
responsibilities:
a. Seize illegally collected, possessed and/or traded wildlife, or parts, byproducts and/or derivatives thereof;
b. Arrest even without warrant any person who has committed, is
committing, or is about to commit in his presence any of the offenses
provided under the Act and other relevant laws, rules and regulations;
c. Assist in the conduct of surveillance and monitoring of wildlife-related
activities;
d. Deliver the arrested offender within reasonable time to the nearest
police station and assist in filing the proper complaint with the
appropriate official designated by law to conduct preliminary
investigation;
e. Deliver within reasonable time to the nearest CENRO, PENRO or
DENR Regional Office or BFAR Regional/Provincial Offices or
PCSDS District Management Office for custody all confiscated
wildlife, their parts, by-products and/or derivatives, as well as tools,
equipment and conveyances used in the commission of the crime,
including corresponding reports;
f. Act as witness in court for the speedy prosecution of criminal
complaints against wildlife violators;
g. Prosecute cases before Municipal Trial Courts in areas where there are
no prosecutors;
h. Submit monthly accomplishment reports to the concerned field offices
with jurisdiction over their area of operations;
i. Coordinate with other law enforcement agencies for security reasons, if
necessary; and
j. Perform such other duties as may be assigned by the Secretary or
Chairman or the duly authorized representative from time to time.
93
Rule 30.5
The Secretary or the Council shall prescribe the requirements and
procedures for the deputation of wildlife enforcement officers in their
respective agency’s regulations.
Rule 30.6
The deputized Wildlife Enforcement Officers under this Order shall be
entitled to reasonable daily living and transportation allowances, per diems,
hazard pay, health care and medical assistance, free legal assistance in case
of harassment suits and in the prosecution of wildlife cases, honoraria, and
insurance coverage, financial assistance, where appropriate, all to be
funded from the Wildlife Management Fund and/or regular appropriations
of each agency, subject to availability of funds and the usual accounting
and auditing rules and regulations.
Rule 30.7
Existing deputized members of NGOs, POs or DENROs may be deputized
as WEOs following the procedures prescribed by the Secretary or Council
pursuant to Rule 30.5.
Section 31. Establishment of National Wildlife Research Centers. The Secretary shall
establish national wildlife research centers for terrestrial and aquatic species to lead in the
conduct of scientific researches on the proper strategies for the conservation and protection
of wildlife, including captive breeding or propagation. In this regard, the Secretary shall
encourage the participation of experts from academic/research institutions and wildlife
industry.
Rule 31.1
The Secretary shall each establish National Wildlife Research Centers for
species under their respective jurisdiction or shall create Wildlife Research
Units within existing research institutes, as the case may be.
Rule 31.2
The participation of experts from academic/research institutions and the
wildlife industry in scientific researches to be undertaken by the Centers
shall be encouraged.
Rule 31.3
The Council may establish Wildlife Research Centers in the Province of
Palawan.
Section 32. Wildlife Rescue Center. The Secretary shall establish or designate wildlife rescue
centers to take temporary custody and care of all confiscated, abandoned and/or donated
wildlife to ensure their welfare and well-being. The Secretary shall formulate guidelines for
the disposition of wildlife from the rescue centers.
Rule 32.1
The Secretary or the Council shall establish wildlife rescue centers in the
Regional Offices of the DENR or DA or District Management Offices of
the PCSD based on a set of criteria that may hereinafter be promulgated.
The Center shall be under the direct supervision of the Protected Areas and
Wildlife Division, Fisheries Resources Management Division or PCSDS, as
the case may be. The Regional Office/PCSDS shall provide the necessary
responsible technical staff and animal/nursery caretaker(s) to efficiently
manage the center.
Rule 32.2
Existing accredited wildlife rescue centers are hereby recognized as
temporary holding facilities until such time that the regional wildlife rescue
centers shall have been established. The Secretary or Council may enter
into a MOA with other government and private institutions for the
94
establishment of WRC which shall be in accordance with the standards
prescribed by the Secretary or the Council.
Rule 32.3
A greenhouse/nursery facility shall be established for the maintenance of
retrieved, donated and confiscated plants. This should be strategically
located near the water source. Such facility should be spacious enough to
provide adequate room for the growth of the plants.
Rule 32.4
The PAWB/BFAR Director or the DENR/DA-BFAR Regional Executive
Director/Regional Director or PCSD Staff District Management Office, as
the case may be, is authorized to dispose animals/plants presently
maintained at Wildlife Rescue Centers established pursuant to this Order.
This may be done through release or replanting, donation, loan, sale,
exchange, transfer to other government projects, repatriation, or euthanasia,
in accordance with the guidelines that shall be promulgated by the
Secretary or Council for the purpose. Pending issuance of the guidelines,
existing pertinent rules and regulations shall apply. Confiscated wildlife
which is/are subject of judicial proceedings shall not be disposed unless
authority is obtained from the proper court.
Rule 32.5
The Secretary or the Council shall promulgate rules or resolutions
establishing protocols for the disposition of stranded, abandoned, injured,
wounded, or accidentally caught wildlife maintained in wildlife rescue
centers.
Section. 33. Creation of Wildlife Traffic Monitoring Units. The Secretary shall create
wildlife traffic monitoring units in strategic air and seaports all over the country to ensure the
strict compliance and effective implementation of all existing wildlife laws, rules and
regulations, including pertinent international agreements.
Customs officers and/or other authorized government representatives assigned at air
or seaports who may have intercepted wildlife commodities in the discharge of their official
functions shall, prior to further disposition thereof, secure a clearance from the wildlife
traffic monitoring unit assigned in the area.
Rule 33.1
The Wildlife Traffic Monitoring Units (WTMUs) shall be created by the
DENR Secretary or Council at strategic air and seaports to ensure strict
compliance and effective implementation of existing wildlife laws, rules
and regulations, including CITES. The Team shall undergo the necessary
training for this purpose. Existing WTMUs shall continue to function as
such in accordance with the provisions hereof.
For the DA-BFAR, existing quarantine units in air and seaports are hereby
designated as WTMUs. The Council shall likewise create Wildlife Traffic
Monitoring Units within the Province of Palawan, with assistance from DA
and DENR. A mechanism will have to be developed for this purpose.
Rule 33.2
The WTMUs shall have the following duties and functions:
a.
b.
Enforce existing wildlife laws, rules and regulations and such other
orders or regulations promulgated thereunder for the protection of
wild fauna and flora;
Inspect and verify shipments of wildlife, its by-products and
derivatives for export, re-export, import and local transport;
95
c.
d.
e.
f.
g.
h.
Rule 33.3
Seize and confiscate illegally collected, possessed and traded
wildlife, by-products and derivatives in favor of the government or
refuse clearance when there are reasonable grounds to believe that
existing wildlife laws, rules and regulations, or the CITES have been
violated;
Arrest even without warrant any person who has committed, is
committing, or is about to commit in his presence any of the offenses
provided under the Act and other relevant laws, rules and regulations;
Coordinate with the customs officers and/or other government
authorities at the air or seaports in the performance of their duties and
responsibilities;
Conduct investigation and receive evidence regarding the
commission of any of the offenses defined under RA 9147 or this
Order within their area of assignment, whether or not the offense was
committed in their presence.
Turn-over confiscated wildlife, by-products or derivatives to
designated Wildlife Rescue Centers nearest their post or station; and,
Promote and disseminate information on the conservation and
protection of wildlife;
Members of the WTMUs shall be entitled to transportation allowance, per
diems, hazard pay and free legal assistance in case of harassment suits and
in the prosecution of wildlife cases, all to be funded from the Wildlife
Management Fund and/or the regular appropriations of the Regional Office
concerned subject to availability of funds and to usual accounting rules and
regulations.
Section 34. Exemption from Taxes. Any donation, contribution, bequest, subsidy or financial
aid which may be made to the Department of Environment and Natural Resources or to the
Department of Agriculture and to NGOs engaged in wildlife conservation duly registered
with the Securities and Exchange Commission as certified by the local government unit, the
Department of Environment and Natural Resources or the Department of Agriculture, for the
conservation and protection of wildlife resources and their habitats shall constitute as an
allowable deduction from the taxable income of the donor and shall be exempt from donor’s
tax.
Section. 35. Flagship Species. Local government units shall initiate conservation measures
for endemic species in their areas. For this purpose, they may adopt flagship species such as
the Cebu black shama (Copsychus cebuensis), tamaraw (Bubalus mindorensis), Philippine
tarsier (Tarsius syrichta), Philippine teak (Tectona philippinensis), which shall serve as
emblems of conservation for the local government concerned.
Rule 35.1
The Legislative Council of local government units shall enact ordinances
implementing this Section. They may seek technical assistance from the
DENR, DA or PCSD in adopting conservation measures for their adopted
flagship species.
Section. 36. Botanical Gardens, Zoological Parks and Other Similar Establishments. The
Secretary shall regulate the establishment, operation and maintenance of botanical gardens,
zoological parks and other similar establishments for recreation, education and conservation.
Rule 36.1
The Secretary and the Council shall regulate the establishment, operation
and maintenance of botanical gardens, zoological parks and similar
establishments for recreation, education, and conservation purposes within
96
their respective jurisdictions in accordance with the rules established under
Section 4 hereof.
Rule 36.2
The following requirements shall be submitted to the DENR/DA Regional
Office concerned or PCSDS for evaluation:
a. Letter of Intent with Project Proposal, indicating among others,
species, quantity and source of stocks to be maintained, management
schemes/operations;
b. Development Plan to include physical/structural plan of facilities and
location map;
c. Latest income tax return or financial statement showing financial
capability;
d. Proof of technical and management capability (list of manpower);
e. Environmental Compliance Certificate or other appropriate clearance
from EMB Regional Office concerned;
f. Permit to Operate from the Local Government Unit concerned;
g. Payment of application and processing fee; and,
h. Others as may be required.
Rule 36.3
Upon compliance with the requirements, the DENR/DA/PCSD shall
conduct an assessment of the area. The approval of the application by the
Regional Executive Director/Regional Director/Council shall be in the form
of a Clearance to Operate the facility and manage the wildlife stock thereat
upon payment of corresponding fee.
Rule 36.4
General considerations for botanical gardens, zoos and other similar
establishments:
a. Welfare of the animals. Management and maintenance of animals in the
facility shall be given paramount consideration.
b. Acquisition of stock. Wildlife species shall be acquired from
facilities/sources with permit from the DENR/DA-BFAR/PCSD,
including wildlife rescue centers.
c. Transfer, sale and/or exchange of animals/threatened plants among
zoos/botanical gardens. Transfer, sale, and/or exchange of wildlife
species should be consistent with pertinent provisions of this Order.
All transactions shall be recorded and documented for monitoring
purposes.
Rule 36.5
Existing zoos and other similar establishments previously accredited by the
DENR shall be assessed based on the requirements specified in the rules
under this Section and subsequent regulations to be promulgated. Facilities
that do not satisfy said requirements shall be made to comply thereto and
shall be issued the corresponding permit.
Section. 37. Implementing Rules and Regulations. Within twelve (12) months following the
effectivity of this Act, the Secretaries of the Department of Environment and Natural
Resources and the Department of Agriculture, in coordination with the Committees on
Environment and Ecology of the Senate and the House of Representatives, respectively, shall
promulgate respective rules and regulations for the effective implementation of this Act.
Whenever appropriate, coordination in the preparation and implementation of rules and
97
regulations on joint and inseparable issues shall be done by both Departments. The
commitments of the State to international agreements and protocols shall likewise be a
consideration in the implementation of this Act.
Rule 37.1
The Secretary or Council shall promulgate procedural guidelines and/or
subsequent rules and regulation for the implementation of this Order.
Section 38. Appropriations. The amount necessary to initially implement the provisions of
this Act shall be charged against the appropriations of the Department of Environment and
Natural Resources in the current General Appropriations Act. Thereafter, such sums as may
be necessary to fully implement the provisions of this Act shall be included in the annual
General Appropriations Act.
Rule 38.1
The DENR, DA and PCSD shall henceforth request additional
appropriations from Congress for the implementation of this IRR.
Section 39. Separability Clause. Should any provision of this Act be subsequently declared as
unconstitutional, the same shall not affect the validity or the legality of the other provisions.
Rule 39.1
Should any provision of this Implementing Rules and Regulations be
declared as unconstitutional or legally infirm, the same shall not affect the
validity or legality of other provisions.
Section 40. Repealing Clause. Act Nos. 2590 and 3983, Commonwealth Act No. 63, as
amended, Presidential Decree No. 1219, as amended, Republic Act No. 6147, and other laws,
orders and regulations inconsistent herewith are hereby repealed or amended accordingly.
Rule 40.1
Provisions of EO 247 and its Implementing Rules and Regulations
inconsistent with the Act and this Order are deemed amended.
Section 41. Effectivity. This Act shall take effect fifteen (15) days after publication in the
Official Gazette or two (2) newspapers of general circulation.
Rule 41.1
This Implementing Rules and Regulations shall take effect fifteen (15) days
after publication in two (2) newspapers of general circulation and after
fifteen (15) days from registration with the Office of the National
Administrative Register.
Issued this 18th day of May 2004 at Quezon City, Metro Manila, Philippines.
(SGD.) ELISEA G. GOZUN
Secretary
Department of Environment and
Natural Resources
(SGD.) LUIS P. LORENZO, JR.
Secretary
Department of Agriculture
(SGD.) VICENTE A. SANDOVAL
Chairman
Palawan Council for Sustainable Development
Date Issued
Date Published
: May 18, 2004
: 1st publication – May 22, 2004
2nd publication – December 21, 2004
98
ANNEX A
JOINT DENR-DA-PCSD AO No. 1
Class
DENR
DA
Mammals
Dugong
Others
All terrestrial mammalian
Species
All marine mammals
Freshwater mammals
Avian
All species including
Waterbirds
Reptiles
Terrestrial (land) snakes
Freshwater turtles
Tortoises
Sea turtles
Crocodiles
All lizards, including sailfin
Lizard
Sea snakes
Freshwater snakes
Invertebrates
All terrestrial invertebrates,
Including land snails
All aquatic invertebrates
(marine and freshwater)
99
ANNEX D
DENR Administrative Order No. 2000-46 of 13 June 2000
Guidelines on the Establishment of Regional
Wildlife Rescue Center
100
101
102
103
104
105
ANNEX E
DENR Administrative Order No. 97-17 of April 29, 1997
Establishing the Disposition Program for Confiscated
and Donated Wildlife in the Custody of DENR
Wildlife Rescue Centers and Similar DENR Facilities and
Providing Guidelines Therefor
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
ANNEX F
DENR Administrative Order No. 2009- 01 of 30 June 2009
Guidelines in establishing the wild fauna marking
and identification system
122
JAN 30, 2009
DENR ADMINISTRATIVE ORDER
No. 2009- 01
SUBJECT :
GUIDELINES IN ESTABLISHING THE WILD FAUNA
MARKING AND IDENTIFICATION SYSTEM
Pursuant to the objectives of Republic Act 9147, otherwise known as the Wildlife
Resources Conservation and Protection Act of 2001, and its Joint DENR-DA-PCSD
Administrative Order No. 01, the Implementing Rules and Regulations of RA 9147, and in
compliance to Article VI of the Convention on International Trade in Endangered Species of
Wild Fauna and Flora (CITES), a wild fauna marking and identification system is hereby
established for the information and compliance by all concerned.
Section 1. Scope of Application
1.1 The provisions of this Order shall apply to:
1.1.1
All parental stock and progenies of threatened endemic and exotic species of
birds, mammals and reptiles held in captivity or confined environments such as
farms, zoos, aviaries, rescue centers, conservation breeding centers and other
establishments breeding and/or maintaining said species on the basis of either
or a combination of a Memorandum of Agreement entered into with the DENR,
Wildlife Farm Permit, Wildlife Collector’s Permit, Wildlife Special Use Permit
and Gratuitous Permit issued by the DENR;
1.1.2
Private collections duly registered with the DENR under a Certificate of
Accreditation and Registration or Certificate of Wildlife Registration;
1.1.3
Wild animals intended for trade, public show such as circus and/or release back
to their natural habitat as part of the wild population restoration program; and
1.1.4
Wild fauna by-products such as raw hides or skins; leather goods made of
wildlife skin; deadstock and/or framed specimens of butterflies; and, other
items made of wild fauna parts for commercial use.
1.2 This Order shall not apply to plants, live invertebrates and amphibians.
Section 2. Definition of Terms. As defined under Republic Act No. 9147 and this Order,
the following terms shall mean as:
1) Amphibian – refers to any of the various cold-blooded, smooth- skinned
vertebrates capable of living on land and in water, such as frogs, toads,
salamanders and the like;
2) Avian or bird - refers to any of the various warm-blooded, egg-laying
vertebrates of the class Aves, characterized by feathers and forelimbs modified
into wings. This includes jungle fowl, wild ducks and the like;
3) By-product - refers to any part taken from wildlife species such as meat, hides,
antlers, feathers, leather, fur, internal organs, bones, scales, scutes, carapace
123
and the like, or deadstock specimens of wildlife in its preserved/stuffed state,
including compounds indirectly produced in a bio-chemical process or cycle;
4)
CITES - refers to the Convention on International Trade in Endangered Species
of Wild Fauna and Flora, a treaty regulating the international trade of fauna and
flora listed in its Appendices;
5) Critically endangered species - refers to a species or subspecies that is facing
extremely high risk of extinction in the wild in the immediate future;
6) DA - refers to the Department of Agriculture;
7) DENR - refers to the Department of Environment and Natural Resources;
8) Deadstock – refers to preserved adult butterfly specimens;
9) Dye - refers to a mixture of soluble material and suitable liquid preferably used to
provide color coding for wildlife;
10) Endemic species - refers to species or subspecies which is naturally occurring
and found only within the specific areas in the country;
11) Exotic species - refers to species or subspecies which does not naturally occur in
the country;
12) Identification mark - refers to any indelible imprint, lead seal or other suitable
means of identifying a wildlife specimen, designed in such a way as to render
its imitation by unauthorized persons as difficult as possible (e.g. microchip,
tattoo, leg band, wing band, metal tag, dye, etc.);
13) Identification system - refers to a system establishing the authenticity of the
wildlife‘s distinctiveness, characteristics and ownership;
14) Invertebrates - refer to the type of animals that do not have backbones or spinal
columns, such as worms, insects, spiders and the like;
15) Leg band :
15.a Closed leg band - refers to a metal or hard plastic ring or band in a
continuous circle, without any break or join, which has not been
tampered with in any way, of a size which cannot be removed from the
bird when its leg is fully grown after having been applied in the first days
of the bird’s life;
15.b Open leg band – refers to a metal or hard plastic ring or band in a
continuous circle, with a break or join worn in either left or right leg of a
juvenile or mature bird that was not marked at its early stage of life;
16)
Mammal - refers to any of the various warm-blooded vertebrates of the class
Mammalia, characterized with hair covering on the skin and milk- producing
mammary glands (for females), for nourishing the young;
124
17)
Microchip – refers to a wireless electronic device, as small as a grain of rice
that emits radio signals or radio frequency in alphanumeric or numeric values
detected by a scanner;
18) Paint - refers to a combination of pigments with suitable thinners or oils forming
a closely adhesive substance spread thinly on the covering of wild fauna (e.g.
carapace of semi-aquatic tortoise);
19) Parental Stock – of a breeding operation means the ensemble of the animals in
the operation that are used for reproduction;
20) PCSD - refers to the Palawan Council for Sustainable Development;
21) Progenies - refer to the offspring produced in a controlled environment from the
parental breeding stock;
22) Reptile - refers to any of the various cold-blooded, air breathing vertebrates of
the class Reptilia, such as snakes, lizards, crocodiles, turtles and the like,
having an external covering of scales or horny plates;
23) Scanner - refers to an electronic device that retrieves the unique identification
code of the microchip;
24) Secretary - refers to the Secretary of the Department of Environment and
Natural Resources;
25) Tag – a device made of metal, plastic, leather or pliable material bearing
significant information for the identification of a specific individual or byproduct of a specific species of wild fauna. It could be collared around the
neck (neck tag) of an animal with elongated neck such as ostrich, emus and the
like; attached to the ear lobe (ear tag) of hoofed animals like deer, buffalo and
zebra or to the hind flippers or trailing edge of hard-shelled marine turtles,
tortoises and land turtles, or simply a label glued on to the wild fauna parts or
items with, or made of, wild fauna parts;
26) Tattoo - refers to coded permanent mark made on the skin of animals using a
specialized instrument for pricking and staining with an indelible ink or
pigment;
27) Threatened species - is a general term to denote species or subspecies
considered as critically endangered, endangered, vulnerable or other accepted
categories of wildlife which population is at risk of extinction;
28) Wing band – refers to numbered metal clip attached to the wing web of avian/
membrane of mammal species by means of an applicator.
Section 3. Types and Uses of Identification Marks. The following marking and
identification systems shall be used to properly identify and monitor individuals of birds,
mammals and reptiles, including their progenies, to wit:
3.1
Microchips. The microchips are applicable for the markings of mammals,
large birds and reptiles with the following minimum requirements:
125
3.2

The microchip codes should reflect number series corresponding to country
code, owner’s code, specific animal code, and species code;

The brand of microchips to be used should be ISO compliant;

The process of implanting the microchip should be handled by a licensed
veterinarian in the presence of DENR representative;

The application should not cause any allergic reaction to the wildlife. In
case of animal mortality attributed to the microchip itself, the supplier shall
be held responsible for such death; and

The transponder should not be re-used and should be destroyed upon the
death of the animals.
Tattoo. The tattoo is applicable for the marking of small to large mammals
with the following minimum requirements:

The tattoo codes should be specific for every individual per species
reflecting specific animal code, source and owner’s code; and

The ink for the purpose should be permanent and not cause any allergic
reaction to the wildlife.
3.3 Leg Bands. The leg bands are applicable for the marking of avian species
with the following minimum requirements:
The leg bands should be specific for every individual per species
the country’s code, owner’s code, source and bird number;

reflecting

For birds 2-3 weeks of age and for very small birds (e.g. finches), closed
leg bands must be used; and

For juvenile and mature birds, open leg bands may be used.
3.4 Wing Bands. The wing bands are applicable for the marking of avian/mammal
species with the minimum requirement:
•
Wing band characters should be numerical and should contain a unique
serial number reflecting the country’s code, owner’s code; source and
animal number.
3.5 Dyes and Paints. The dyes and paints are temporary markers and may be
applied to any bird, mammal or reptile intended for release. Only non-toxic
and non-allergenic dyes and paints shall be used for the purpose. Provided
further, that prior to the release of subject animal, permanent markings in
accordance with this Order shall be used.
3.6 Tags. The tags are applicable for the marking of stuffed mammals, birds, reptiles
and wildlife parts or items with wild fauna parts.
126
Section 4. Guidelines in the Use of Wild Fauna Marking and Identification
System
4.1
The marking and identification system for wildlife, without excluding the use
of other methods duly approved by the DENR, may adopt the use of microchips
bearing permanent, non–programmable, unalterable and permanently unique
codes for the identification of live animals. The markings and identification
system to be used for each taxon are shown in Annex A;
4.2 The use of coded microchip implants shall be adopted for
endangered species, particularly those subject to international trade;
4.3 Exportation/ re-exportation and/ or importation of wildlife shall
the following:
4.4
critically
be subject to
4.3.1
The export of wild fauna specimens are marked in accordance with
Section 3 of this Order. The type and identification number must be
indicated in the export permit; and
4.3.2
The import and/or re-export of wild fauna specimens shall bear the
appropriate marking system established by the country of origin. In
the event that the country of origin has no established wildlife
marking and identification system yet, the importer must be required
to have his/her imported wild fauna marked/tagged in accordance
with Section 3 of this Order, within one (1) month after entry of said
wild fauna into the country.
The marking/tagging costs shall be the responsibility of the facility owner,
permit holder and /or owner of wild fauna;
4.5 All holders of Certificate of Wildlife Registration (CWR) and Wildlife Farm
Permits (WFP) who have established their own marking system may
continue to use such system until the consummation of their available
wildlife identification marks/tags. For this purpose, concerned CWR/WFP
holders must submit an inventory of their existing wildlife identification
tags/marks to concerned DENR Regional Offices for record and monitoring
purposes; and
4.6 PAWB shall identify exclusive manufacturers of wild fauna marks/tags based on
the quality of their products and legality of their operations as proven by SEC
Registration, DTI Certification and Mayor’s business permit. The PAWB shall
provide the DENR Regional Offices the list of exclusive manufacturers of said
marks/tags for wild fauna.
Section 5. Establishment of Wild Fauna Identification Code System
5.1 The Protected Areas and Wildlife Bureau (PAWB) shall develop the identification coding
system and advise the DENR Regional Offices of their corresponding codes within
three (3) months from the issuance of this Order;
5.2 In the implementation of this Order, the PAWB and all DENR Regional Offices shall:
127
5.2.1
Ensure that threatened wild fauna species in captivity especially those subject
for trade (export, re–export, import) are appropriately marked/tagged based on
the provisions of this Order;
5.2.2
Prohibit trade in specimens in violation hereof and execute measures against
the violators in accordance with Section 7 hereof;
5.2.3
Maintain a registry of wild fauna marked/tagged in their respective areas of
jurisdiction;
5.2.4
Submit to the Secretary: a) compliance report within six (6) months after the
issuance of this Order; b) copy of an annual registry of wild fauna marked and
tagged; and, c) yearly status reports on the implementation of this Order,
including photo-documentation, list of violators and cases filed in Court, if any.
Section 6. Incentive Clause. The users of the marking and identification system may avail of
the incentives such as technical assistance from the DENR on matters pertaining to
management of wild fauna species in their possession; recognition and acknowledgement by
the DENR as legitimate sources of captive- bred wild fauna, among others. Their compliance
to the provisions of this Order shall be promoted in the Information, Education and
Communication campaign materials of the DENR and serve as one of the bases in the renewal
of the permit/s issued by the DENR.
Section 7. Sanctions. Violation of the provisions of this Order shall result to non-issuance of
permits for trade purposes and/or suspension or revocation of the Certificate of Wildlife
Registration, Wildlife Farm Permit, Wildlife Collectors Permit, Wildlife Special Use Permit
or Gratuitous Permit, as the case may be, issued by the DENR, after due process without
prejudice to the application of other measures, as may be appropriate and applicable as
provided for under existing laws, rules and regulations. All abandoned wild fauna shall be
retrieved and placed in the nearest DENR rescue centers.
Section 8. Repealing Clause. All orders, circulars and issuances which are inconsistent
herewith are hereby repealed and/or modified accordingly.
Section 9. Separability Clause. If any part of this Order is declared unconstitutional or
otherwise defective on any ground, the remaining parts not affected thereby shall remain valid
and effective.
Section 10. Effectivity. This Order shall take effect fifteen (15) days after publication in a
newspaper of national circulation and upon acknowledgement of a copy thereof by the Office
of the National Administrative Registry (ONAR).
(SGD.) JOSE L. ATIENZA, JR
Secretary
Publication: Malaya –Feb. 10, 2009
Acknowledgement: ONAR, UP Law Center
February 6, 2009
128
ANNEX A
The markings and identification system to be used for each taxon are as follows:
For Mammals
Microchip
Tattoo
Band
Tag
For Birds
Leg band
Wing band
Neck tag
Microchip
Dye
-implanted behind the left ear or to the left of the
spine between scapulas except for:
Elephant - left side of the tail fold
Hyrax and loris - left side of the lumbar area
Carnivores (e.g. cheetahs, wolves) - left tail base
-marked behind the ear, wing-membrane (bats),
breast or at the upper thigh
-collared around the neck, leg or wing membrane
-attached to ear lobe or loose skin at the back
-worn in either left or right leg
-attached to the wing web
-collared around the neck
-for 5.5 kg adult weight and/ or longlegged
birds, to be implanted at the base of the neck
-for <5.5 kg. adult weight, to be implanted
intramuscularly in the left pectoral muscle or thigh,
except: for ratites: up to four days old- implanted in
piping muscle behind the head for adults – implanted
in lateral left neck for penguins and vultures: left
base of neck
-part of the tail or wing feathers soaked in dye
solution
For Reptiles
Microchip
-for lizards: sm. (<12.5cm snout to vent): at the
coelomic cavity; large (>12.5cm snout to vent):
lateral left body side anterior to inguinal region for
tortoises, terrapins, and turtles (chelonians): left hind
limb socket or legs; alternative methods may need to
be considered fo chelonians less than 10 cm in length
for crocodilians: left side anterior to the nuchal
cluster
or left hind leg for snakes: left side
dorsal to vent
Metal Tag
-attached to trailing edge of the front flippers (marine
turtles, except leatherback turtle), carapace near the
vent leatherback turtle, freshwater/pond turtles), web
membrane or hind foot (crocodilians). However,
marine turtles with curved carapace length of less
than 40 cm should not tagged.
Scute notching
-cutting of large scales in the tail region of crocodiles
129
For wild fauna parts (such as raw hides/skins, leather goods made of wild fauna
skin; stuffed, dried and/or framed specimens, and the like)
Tag
-attached or glued on appropriate part of the material
bearing the owner’s or source code, assigned serial
number to each of the items and stamp of DENR
inspection. The latter shall indicate the date of
inspection, and the printed name and signature of the
authorized DENR inspector.
For raw and/or finished products derived from CITES Appendix I
species, e.g. skin of Saltwater Crocodile (Crocodylus porosus), the
tagging system shall be in accordance with the standards set by CITES.
For deadstock and/or framed specimens of butterfly species, the tagging system
shall be in accordance with DENR Adm. Order No.2002-19.
LBC/ PAWB
DENR Adm. Order- marking system
130
ANNEX G
WRC FORM 1
WRC Animal Acceptance Form
(for live animals)
131
132
ANNEX H
WRC Acceptance Form
(for by-products)
133
134
ANNEX I
Confiscated Specimen Evidence Tag
135
CONFISCATED SPECIMENS EVIDENCE TAG NO. ______________________
Description of item(s)
Quantity
Place of Apprehension/Seizure
Sitio/Barangay/Stall
City/Municipality
No./Market
Probable origin of the specimen
Sitio/Barangay/Stall
City/Municipality
No./Market
Apprehended/Seized from
Province
Province
Apprehended/Seized
by and Date
Tagged by and Date
136
ANNEX J
Animal Health Record
137
138
139
ANNEX K
Proforma Letter for COA Inspection
(Wildlife Acceptance)
140
141
ANNEX L
Animal Keeper’s Daily Animal Inventory Record
142
143
ANNEX M
Health Certificate
144
145
ANNEX N
Euthanasia Certificate
146
147
ANNEX O
Certificate of Wildlife Release
148
149
ANNEX P
Deed of Donation (sample)
150
DEED OF DONATION
Pursuant to DENR Administrative Order No. 97-17 (DAO 97-17) otherwise
known as “Establishing the Disposition Program for Confiscated and Donated
Wildlife in the Custody of DENR Wildlife Rescue Center and Similar Facilities
and Providing Guidelines Therefor”, the DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES-BIODIVERSITY MANAGEMENT BUREAU
(DENR-BMB), represented by its Director,THERESA MUNDITA S. LIM, and
hereinafter referred to as “DONOR”, is donating to the
(name of
institution-recipient)located in (address of the recipient), represented by its
(position
of
the
representative),
(name
of
the
representative)_________________, and hereinafter referred to as
“DONEE”, the following wildlife species, subject to the conditions herein
specified:
SPECIES:
Common Name
Scientific Name
________________
________________
_________________
_________________
Quantity
_______________
_______________
CONDITIONS:
The DONEE/RECIPIENT understands, agrees and commits itself to:
1.
Shoulder all expenses related to the physical transfer of the donated
wildlife species, including but not limited to, cost of cage and
transportation and other expenses associated with the donation of the
above-mentioned wild animals;
2.
Prior to the transfer/transport of the donated wildlife species to its facility,
secure a Local Transport Permit from the DENR-National Capital Region
(NCR) and present such permit to the Donor;
3.
Report to the concerned DENR Regional Officethe acquisition of the said
animal/s from the Donor within fifteen (15) days from receipt of the
animals;
4.
Provide proper and adequate care, including veterinary care to the
donated wildlife species, and ensure their well-being at all times;
5.
Use the above-mentioned wildlife species only for educational and other
conservation-oriented purposes;
151
6.
Upon prior notice, provide the Donor, its authorized personnel and/or
authorized representative/s complete access to its facility at all
reasonable times for status monitoring of the donated wildlife species
and their facilities;
7.
Submit to the Donor annual reports on the status of the donated wildlife.
Provided, that theDonee shall immediately inform the Donor of any
incidence of deaths or births of the donated wildlife species. All
incidences of death must be supported with necropsy report(s);
8.
Seek approval of the Donor for the transfer of any donated wildlife
species to another facility;
9.
Ensure that no other wildlife species or specimens for stocking at its
facility shall be acquired unless in accordance with the provisions of
Republic Act 9147 (Wildlife Resources Conservation and Protection Act
of 2001) and its implementing rules and regulations. All wildlife acquired
must be immediately reported to the concerned DENR Regional Office.
The report must be supported by proof/s of legal acquisition; and,
10. Recognize that violation of any of the conditions stated above and
existing government rules and regulations shall result to the revocation of
this Agreement and retrieval of the donated animalsby the Donor,
without prejudice to the application of other applicable and relevant
measures in accordance with relevant policies.
This DEED OF DONATION is effective from the date of signing hereof and
shall be co-terminus with the lifespan of the donated animals, unless revoked
earlier by the Donor for reasons indicated above.
DONE this ___day of ___________________ in Diliman, Quezon City,
Philippines.
For the Donor:
_____________________
Director, BMB
For the Donee:
______________________
SIGNED IN THE PRESENCE OF:
___________________________
Witness
_______________________
Witness
152
ACKNOWLEDGMENT
Republic of the Philippines )
Quezon City
) S.S.
BEFORE ME, this _____ day of ________ at ________________, appeared
personally _________________________________________ with Passport
No.
_____________
issued
at
_________________
on
________________________ and _______________________________
with Passport
No. _______________ issued at ______________ on
_______________ known to me to be the same persons executing this Deed
of Donation and they acknowledged to me that same is their voluntary act and
deed.
IN WITNESS WHEREOF, they have hereunto signed their names on this
document, comprising of three(3) pages, including this page which bears my
signature.
WITNESS my hand and seal on date and place aforesaid.
NOTARIAL PUBLIC
Doc. No.
Page No.
Book No.
Series of
__________
__________
__________
__________
153
ANNEX Q
Wildlife Loan Agreement (sample)
154
WILDLIFE LOAN AGREEMENT
1.
KNOW ALL MEN BY THESE PRESENTS:
This Wildlife Loan Agreement is made and entered into by and between:
The DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCESBIODIVERSITY MANAGEMENT BUREAU (DENR-BMB), formerly Protected Areas
and Wildlife Bureau (PAWB), with office address at Ninoy Aquino Parks and Wildlife
Center, Quezon Avenue, Diliman, Quezon City represented herein by its Director,
_____________________________________, and hereinafter referred to as
“FIRST PARTY”.
-andThe (name of the organization/entity/facility)
, located in (address of
the facility)
represented by its owner, (name of the owner)
, and hereinafter
referred to as “SECOND PARTY”.
2.
3.
WITNESSETH
WHEREAS, the FIRST PARTY, a staff Bureau under the Department of
Environment and Natural Resources (DENR), is the lead agency responsible for the
formulation of government policies, plans and programs pertaining to the
management, conservation, development, and protection of the country’s terrestrial
and other wildlife resources by virtue of Executive Order No. 192 of 1987 and
Republic Act 9147 of 2001;
WHEREAS, the FIRST PARTY endeavors to cooperate and collaborate with local
and foreign institutions/organizations and private entities in the implementation of
conservation-oriented programs on terrestrial and other wildlife resources under the
DENR’s jurisdiction for social, economic and scientific benefits;
WHEREAS, the DENR, by virtue of Republic Act 9147 (Wildlife Resources
Conservation and Protection Act), particularly under Section 32 thereof, is tasked to
establish or designate wildlife rescue centers to take temporary custody and care of
all confiscated, abandoned and/or donated wildlife to ensure their welfare and wellbeing;
WHEREAS, the Philippine Government is a party/signatory to the Convention on
the International Trade in Endangered Species of Flora and Fauna (CITES), a treaty
which regulates the international trade of wildlife resources;
WHEREAS, the FIRST PARTY is the Philippine CITES Management Authority for
terrestrial species which responsibilities, among others, is to serve as the depository
institution of confiscated CITES-listed species and specimens;
WHEREAS, the FIRST PARTY, in pursuit of its commitments to CITES and
mandate under RA 9147 has established a Wildlife Rescue Center (WRC) as a
155
temporary facility and rehabilitation center for confiscated, abandoned and donated
wildlife; as a venue for public education; and, as living laboratory and training
ground for students and wildlife enthusiasts especially in the fields of handling, care
and management of wildlife in captivity;
WHEREAS, the FIRST PARTY is authorized to dispose of animals at FIRST
PARTY-WRC in accordance with DENR Administrative Order No. 97-17
“Establishing the Disposition Program for Confiscated and Donated Wildlife in the
Custody by DENR Wildlife Rescue Centers and Similar DENR Facilities and
Providing Guidelines Therefor”:
WHEREAS, under the said Order, the FIRST PARTY Director may dispose of
animals maintained at its WRC through loan, among other modes, to any capable
institution, organization, or entity, both local and foreign, who demonstrates the
ability to provide adequate care and security for the wildlife, for scientific research,
education or public display, among other purposes;
WHEREAS, the SECOND PARTY, a private facility established and operating in
accordance with Philippine laws, is committed to promoting wildlife conservation
through the development and dissemination of knowledge and facilitating better
species and habitat management by increasing the understanding of species and
ecosystem through research, public education, provision of advice and information
generated through collaborative partnerships;
WHEREAS, the SECOND PARTY has signified interest to collaborate with FIRST
PARTY in the ex-situ conservation of wildlife and to take custody, on loan basis,
wild fauna species that may be in excess at the PAWB-WRC for proper
maintenance and promotion of public education, appreciation and better
understanding of these species;
WHEREAS, the SECOND PARTY has the financial and technical capability to
provide adequate care and security for the wild fauna species in captivity and to
provide public education and other conservation-oriented undertaking on said
species;
WHEREAS, the FIRST PARTY is willing to collaborate with the SECOND PARTY in
the ex-situ conservation of wildlife through the loan of certain wild fauna to the
SECOND PARTY for public education, appreciation and other conservationoriented purposes;
NOW, THEREFORE, for and in consideration of the foregoing premises and mutual
covenants herein set forth, the Parties have agreed, as they hereby agree, to the
following:
156
ARTICLE I. OBLIGATIONS OF FIRST PARTY
The FIRST PARTY shall:
1.1
Loan to the SECOND PARTY, custody of the following live wild fauna for
public education and other conservation-oriented purposes:
SPECIES
_________________
_________________
3.2
SCIENTIFIC NAME
QUANTITY
________________
________________
_________
_________
Consider the transfer of other wild fauna species to the SECOND
PARTY upon written request by the SECOND PARTY, and subject to
the following, among other pre-requisites:
3.2.1 availability of adequate and healthy stock of target species at the
FIRST PARTY’s Wildlife Rescue Center;
3.2.2 availability of appropriate enclosures/facility at the SECOND PARTY
for the target species;
3.2.3 satisfactory compliance by the SECOND PARTY with relevant terms
and conditions of this Agreement; and,
3.2.4 favorable endorsement of the loan by the FIRST PARTY’s Wildlife
Disposition Committee;
3.3
Provide the SECOND PARTY with necessary information, assistance
and/or guidance in the development of information and education
campaign materials on loaned wild fauna;
3.4
Extend technical assistance to the SECOND PARTY in the proper
care, maintenance and other captive wildlife management aspects,
including veterinary care of the loaned animals, as may requested by
the SECOND PARTY; and,
3.5
In coordination with the concerned DENR Regional/field office,
undertake annual monitoring and evaluation (M & E) of the status of
the loaned animals and compliance of the SECOND PARTY with its
obligations under this Agreement. The cost associated with this annual
M & E activity shall be jointly borne by FIRST PARTY and the
SECOND PARTY. The SECOND PARTY shall be furnished with a
copy of the monitoring report within fifteen (15) days upon completion
of each M & E activity.
ARTICLE II. OBLIGATIONS OF THE SECOND PARTY
The SECOND PARTY shall:
2.1
Shoulder all expenses related to the physical transfer of the animals for loan
by FIRST PARTY to the SECOND PARTY, including but not necessarily be
157
limited to, health assessment, cages, animal markings as appropriate, and
other actual costs;
2.2.
Acknowledge, in writing, receipt of the animals loaned by FIRST PARTY
immediately upon receipt thereof;
2.3
Commit that the loaned animals shall be maintained only at its facility in
_______________________ and shall not be deposited at, transferred to, or
placed under custodial responsibility of any other party without prior clearance
from FIRST PARTY;
2.4 Ensure the welfare, safety and security of the loaned animals. As such, commit
to: a) provide appropriate veterinary care to the loaned animals by employing
a resident or consultant veterinarian/s to check the health condition of the
animals on a regular basis; b) formulate and implement a health and feeding
program for the loaned animals; c) effect the conduct of regular inspection
and monitoring of animal enclosures/facilities and cause repair needs
immediately; d) develop and implement visitor management program to
minimize animal disturbance; and, e) execute other appropriate measures
towards ensuring the well-being and security of the loaned animals;
2.5 Assume full responsibility for harm, injury, sickness, diseases and/or death of the
loaned animals during the period of their possession by reason of this
Agreement.
In case of such incident/s, the SECOND PARTY shall
immediately inform FIRST PARTY in writing. Provided that:
2.5.1 In case of harm, injury, disease or sickness of the loaned animal/s, the
SECOND PARTY shall be responsible for the treatment and
rehabilitation of the concerned animal/s;
2.5.2 In case of death of loaned animal/s the SECOND PARTY shall
immediately cause the conduct of necropsy on the dead specimen/s by
a licensed veterinarian; submit to PAWB a copy of the necropsy report
including photo-documentation; and, as practicable, preserve the
carcass/es by freezing or through other appropriate methods (e.g.
stuffing) for inspection and retrieval by FIRST PARTY, as warranted.
The SECOND PARTY shall not dispose any dead specimen of loaned
animal/s without the prior clearance of FIRST PARTY; and,
2.5.3 Death of any of the loaned animal/s due to negligence, improper
handling and/or mismanagement by the SECOND PARTY or any of its
staff shall upon due process, result to the automatic revocation of this
Agreement. In such case, the SECOND PARTY shall pay the market
value for each dead animal, in addition to the costs incurred by FIRST
PARTY in the maintenance of the animal/s, without prejudice to the
application of legal measure/s in accordance with Sections 27 (a and h)
and 27 of RA 9147;
2.6.
Ensure that the loaned animals cannot escape from their holding
facilities/enclosures and/or be intentionally released into the environment. In
158
case of such eventuality, the SECOND PARTY shall assume full responsibility
in retrieving the animal/s that escaped or unintentionally released and in
determining the impact of such incident to the environment, at its cost.
2.7.
Maintain updated records of the loaned animals, including their ensuing
progenies, if any;
2.8.
Recognize that the loaned animals and their ensuing progenies, if any, shall
remain property of the Philippine Government. Provided, that sharing of
progenies resulting from the breeding of loaned animal/s with registered
breeder stock at SECOND PARTY’s facility may be negotiated under a
separate agreement;
2.9.
Commit that the loaned animals shall be used for public education and other
conservation-oriented activities only. Provided, that any IEC materials to be
produced shall be subject to prior clearance by FIRST PARTY;
2.10. Agree that the loan of additional animals by FIRST PARTY shall be subject to
conditions stipulated under Article 1.2 hereof, among other pre-requisites;
2.11. Allow the FIRST PARTY, its personnel, other DENR employees and/or
authorized representatives free access to its facility to inspect, monitor and/or
verify status of the loaned animals;
2.12. Assist the Philippine government in controlling illegal wildlife collection and
trade by acquiring additional stocks of wildlife from legitimate sources only,
i.e. holders of Wildlife Farm Permit, Certificate of Wildlife Registration, and
Wildlife Import Permit/Certification.
Provided, that such acquisition of
additional wildlife stocks from any legal sources shall still be subject to
relevant provisions of RA 9147 and its implementing rules and regulations;
2.13. Assist FIRST PARTY in the improvement/enhancement of the Bureau’s
wildlife facility at the Ninoy Aquino Parks and Wildlife Center, Diliman, Quezon
City through annual in-kind contribution for the development/renovation/repair
of wildlife cages/enclosures and other possible assistance as may be
identified by FIRST PARTY and agreed upon by the SECOND PARTY; and,
2.14. Submit to FIRST PARTY semi-annual reports on the status of the loaned
animals, including activities undertaken and other developments in pursuit of,
or in compliance with the terms and conditions of this Agreement. Provided,
that animal birth, mortality, and other incidental cases must be reported to
FIRST PARTY within seven (7) days upon occurrence of such case/s;
ARTICLE III. LIMITATIONS
Neither of the Parties shall enter into a contract or agreement, nor assume any
obligation on behalf of, or in the name of the other in the course of or during the
implementation of this Agreement without written consent from the other.
159
ARTICLE IV. TERMS OF AGREEMENT
4.1. This Agreement shall take effect immediately upon its execution and shall be
valid for five (5) years;
4.2. This Agreement shall be subject to annual review and may be revised or
modified, and renewed for another five (5) years upon mutual consent of the
parties;
4.3. Deliberate disregard of any of the terms and conditions of this Agreement by the
SECOND PARTY shall be a ground for immediate retrieval of the loaned
animals by PAWB at the expense of the SECOND PARTY, and automatic
cancellation of this Agreement, without prejudice to the application of relevant
laws, policies, rules and regulations.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this ______
day of ____________________ at Quezon City Philippines.
For the FIRST PARTY:
For the SECOND PARTY:
____________________________
Director
_____________________________
Signed in the presence of:
____________________________
Witness
____________________________
Witness
160
ACKNOWLEDGMENT
Republic of the Philippines )
Quezon City
) S.S.
BEFORE ME, this _____ day of ________ at ________________, appeared
personally _________________________________________ with Passport
No.
_____________
issued
at
_________________
on
________________________ and _______________________________
with Passport
No. _______________ issued at ______________ on
_______________ known to me to be the same persons executing this Deed
of Donation and they acknowledged to me that same is their voluntary act and
deed.
IN WITNESS WHEREOF, they have hereunto signed their names on this
document, comprising of seven (7) pages, including this page which bears my
signature.
WITNESS my hand and seal on date and place aforesaid.
NOTARIAL PUBLIC
Doc. No.
Page No.
Book No.
Series of
__________
__________
__________
__________
161
ANNEX R
WRC Gate Pass
162
163
ANNEX S
Animal Mortality Tag
164
165
ANNEX T
Proforma Letter for COA Inspection
(Animal Mortality)
166
167
ANNEX U
WRC Necropsy Report Form
168
169
1
1