Wildlife Resources Conservation and Protection Act
Wildlife Resources Conservation and Protection Act
Wildlife Resources Conservation and Protection Act
1
(k) “Export permit” refers to a permit authorizing an (x) “Wildlife” means wild forms and varieties of flora
individual to bring out wildlife from the Philippines to and fauna, in all developmental stages, including those
any other country; which are in captivity or are being bred or propagated;
(l) “Gratuitous permit” means permit issued to any (y) “Wildlife collector’s permit” means a permit to take
individual or entity engaged in noncommercial or collect from the wild certain species and quantities
scientific or educational undertaking to collect wildlife; of wildlife for commercial purpose; and
(m) “Habitat” means a place or environment where a (z) “Wildlife farm/culture permit” means a permit to
species or subspecies naturally occur or has naturally develop, operate and maintain a wildlife breeding farm
established its population; for conservation, trade and/or scientific purposes.
(s) “Threatened species” a general term to denote SECTION 7. Collection of Wildlife. — Collection of
species or subspecies considered as critically wildlife may be allowed in accordance with Section 6 of
endangered, endangered, vulnerable or other accepted this Act: Provided, That in the collection of wildlife,
categories of wildlife whose population is at risk of appropriate and acceptable wildlife collection
extinction; techniques with least or no detrimental effects to the
existing wildlife populations and their habitats shall,
(t) “Trade” means the act of engaging in the exchange, likewise, be required: Provided, further, That collection
exportation or importation, purchase or sale of wildlife, of wildlife by indigenous people may be allowed for
their derivatives or by-products, locally or traditional use and not primarily for trade: Provided,
internationally; furthermore, That collection and utilization for said
purpose shall not cover threatened species: Provided,
finally, That Section 23 of this Act shall govern the
(u) “Traditional use” means utilization of wildlife by
collection of threatened species.
indigenous people in accordance with written or
unwritten rules, usage, customs and practices
traditionally observed, accepted and recognized by SECTION 8. Possession of Wildlife. — No person or
them; entity shall be allowed possession of wildlife unless
such person or entity can prove financial and technical
capability and facility to maintain said wildlife:
(v) “Transport permit” means a permit issued
Provided, That the source was not obtained in violation
authorizing an individual to bring wildlife from one
of this Act.
place to another within the territorial jurisdiction of the
Philippines;
SECTION 9. Collection and/or Possession of By-
Products and Derivatives. — By-products and
(w) “Vulnerable species” refers to species or
derivatives may be collected and/or possessed:
subspecies that is not critically endangered nor
Provided, That the source was not obtained in violation
endangered but is under threat from adverse factors
of this Act.
throughout their range and is likely to move to the
endangered category in the near future;
SECTION 10. Local Transport of Wildlife, By-Products
and Derivatives. — Local transport of wildlife, by-
products and derivatives collected or possessed
2
through any other means shall be authorized unless bioprospecting proposal by concerned bodies shall be
the same is prejudicial to the wildlife and public health. made within a reasonable period.
SECTION 11. Exportation and/or Importation of Upon submission of the complete requirements, the
Wildlife. — Wildlife species may be exported to or Secretary shall act on the research proposal within a
imported from another country as may be authorized reasonable period.
by the Secretary or the designated representative,
subject to strict compliance with the provisions of this If the applicant is a foreign entity or individual, a local
Act and rules and regulations promulgated pursuant institution should be actively involved in the research,
thereto: Provided, That the recipient of the wildlife is collection and, whenever applicable and appropriate, in
technically and financially capable to maintain it. the technological development of the products derived
from the biological and genetic resources.
SECTION 12. Introduction, Reintroduction or
Restocking of Endemic or Indigenous Wildlife. — The SECTION 15. Scientific Researches on Wildlife. —
introduction, reintroduction or restocking of endemic Collection and utilization of biological resources for
and indigenous wildlife shall be allowed only for scientific research and not for commercial purposes
population enhancement or recovery purposes subject shall be allowed upon execution of an
to prior clearance from the Secretary or the authorized undertaking/agreement with and issuance of a
representative pursuant to Section 6 of this Act. gratuitous permit by the Secretary or the authorized
representative: Provided, That prior clearance from
Any proposed introduction shall be subject to a concerned bodies shall be secured before the issuance
scientific study which shall focus on the bioecology. of the gratuitous permit: Provided, further, That the
The proponent shall also conduct public consultations last paragraph of Section 14 shall likewise apply.
with concerned individuals or entities.
SECTION 16. Biosafety. — All activities dealing on
SECTION 13. Introduction of Exotic Wildlife. — No genetic engineering and pathogenic organisms in the
exotic species shall be introduced into the country, Philippines, as well as activities requiring the
unless a clearance from the Secretary or the importation, introduction; field release and breeding of
authorized representative is first obtained. In no case organisms that are potentially harmful to man and the
shall exotic species be introduced into protected areas environment shall be reviewed in accordance with the
covered by Republic Act No. 7586 and to critical biosafety guidelines ensuring public welfare and the
habitats under Section 25 hereof. protection and conservation of wildlife and their
habitats.
In cases where introduction is allowed, it shall be
subject to environmental impact study which shall SECTION 17. Commercial Breeding or Propagation of
focus on the bioecology, socioeconomic and related Wildlife Resources. — Breeding or propagation of
aspects of the area where the species will be wildlife for commercial purposes shall be allowed by
introduced. The proponent shall also be required to the Secretary or the authorized representative
secure the prior informed consent from the local pursuant to Section 6 through the issuance of wildlife
stakeholders. farm/culture permit: Provided, That only progenies of
wildlife raised, as well as unproductive parent stock
SECTION 14. Bioprospecting. — Bioprospecting shall shall be utilized for trade: Provided, further, That
be allowed upon execution of an undertaking by any commercial breeding operations for wildlife, whenever
proponent, stipulating therein its compliance with and appropriate, shall be subject to an environmental
commitment(s) to reasonable terms and conditions impact study.
that may be imposed by the Secretary which are
necessary to protect biological diversity. SECTION 18. Economically Important Species. — The
Secretary, within one (1) year after the effectivity of
The Secretary or the authorized representative, in this Act, shall establish a list of economically-important
consultation with the concerned agencies, before species. A population assessment of such species shall
granting the necessary permit, shall require that prior be conducted within a reasonable period and shall be
informed consent be obtained by the applicant from regularly reviewed and updated by the Secretary.
the concerned indigenous cultural communities, local
communities, management board under Republic Act The collection of certain species shall only be allowed
No. 7586 or private individual or entity. The applicant when the results of the assessment show that, despite
shall disclose fully the intent and scope of the certain extent of collection, the population of such
bioprospecting activity in a language and process species can still remain viable and capable of
understandable to the community. The prior informed recovering its numbers. For this purpose, the Secretary
consent from the indigenous peoples shall be obtained shall establish a schedule and volume of allowable
in accordance with existing laws. The action on the harvests.
3
Whenever an economically important species become SECTION 21. Fees and Charges. — Reasonable fees
threatened, any form of collection shall be prohibited and charges as may be determined upon consultation
except for scientific, educational or with the concerned groups, and in the amount fixed by
breeding/propagation purposes, pursuant to the the Secretary shall be imposed for the issuance of
provisions of this Act. permits enumerated in the preceding section.
SECTION 19. Designation of Management and For the export of wildlife species, an export permit fee
Scientific Authorities for International Trade in of not greater than three percentum (3%) of the
Endangered Species of Wild Fauna and Flora. — For export value, excluding transport costs, shall be
the implementation of international agreement on charged: Provided, however, That in the determination
international trade in endangered species of wild fauna of aforesaid fee, the production costs shall be given
and flora, the management authorities for terrestrial due consideration. Cutflowers, leaves the like,
and aquatic resources shall be the Protected Areas and produced from farms shall be exempted from the said
Wildlife Bureau (PAWB) of the DENR and the Bureau of export fee: Provided, further, that fees and charges
Fisheries and Aquatic Resources (BFAR) of the DA, shall be reviewed by the Secretary every two (2) years
respectively and that in the Province of Palawan the or as the need arises and revise the same accordingly,
implementation hereof is vested to the Palawan subject to consultation with concerned sectors.
Council for Sustainable Development pursuant to
Republic Act No. 7611. ARTICLE TWO
(4) Local transport permit 1 to 3 months; and 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
(5) Export/Import/Reexport permit 1 to 6 months.
evaluate in accordance with the relevant factors stated
in the first paragraph of this section, the status of the
These permits may be renewed subject to the species concerned and act on said petition within a
guidelines issued by the appropriate agency and upon reasonable period.
consultation with concerned groups.
The Secretary shall also prepare and publish a list of
wildlife which resembles so closely in appearance with
4
listed threatened wildlife, which species shall likewise ARTICLE THREE
be categorized as threatened.
Registration of Threatened and Exotic Species
SECTION 23. Collection of Threatened Wildlife, By-
Products and Derivatives. — The collection of SECTION 26. Registration of Threatened and Exotic
threatened wildlife, as determined and listed pursuant Wildlife in the Possession of Private Persons. — No
to this Act, including its by-products and derivatives, person or entity shall be allowed possession of wildlife
shall be allowed only for scientific, or breeding or unless such person or entity can prove financial and
propagation purposes in accordance with Section 6 of technical capability and facility to maintain said
this Act: Provided, That only the accredited individuals, wildlife. Twelve (12) months after the effectivity of this
business, research, educational or scientific entities Act, the Secretary shall set a period, within which
shall be allowed to collect for conservation breeding or persons/entities shall register all threatened species
propagation purposes. collected and exotic species imported prior to the
effectivity of this Act. However, when the threatened
SECTION 24. Conservation Breeding or Propagation of species is needed for breeding/propagation or research
Threatened Species. — Conservation breeding or purposes, the State may acquire the wildlife through a
propagation of threatened species shall be encouraged mutually acceptable arrangement.
in order to enhance its population in its natural habitat.
It shall be done simultaneously with the rehabilitation After the period set has elapsed, threatened wildlife
and/or protection of the habitat where the captive-bred possessed without certificate of registration shall be
or propagated species shall be released, reintroduced confiscated in favor of the government, subject to the
or restocked. penalties herein provided.
Commercial breeding or propagation of threatened All Philippine wildlife which are not listed as threatened
species may be allowed provided that the following prior to the effectivity of this Act but which may later
minimum requirements are met by the applicant, to become so, shall likewise be registered during the
wit: period set after the publication of the updated list of
threatened species.
(a) Proven effective breeding and captive management
techniques of the species; and CHAPTER IV
SECTION 25. Establishment of Critical Habitats. — (a) killing and destroying wildlife species, except in the
Within two (2) years following the effectivity of this following instances;
Act, the Secretary shall designate critical habitats
outside protected areas under Republic Act No. 7586,
(i) when it is done as part of the religious rituals of
where threatened species are found. Such designation
established tribal groups or indigenous cultural
shall be made on the basis of the best scientific data
communities;
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. (ii) when the wildlife is afflicted with an incurable
communicable disease;
All designated critical habitats shall be protected, in
coordination with the local government units and other (iii) when it is deemed necessary to put an end to the
concerned groups, from any form of exploitation or misery suffered by the wildlife;
destruction which may be detrimental to the survival of
the threatened species dependent therein. For such (iv) when it is done to prevent an imminent danger to
purpose, the Secretary may acquire, by purchase, the life or limb of a human being; and
donation or expropriation, lands, or interests therein,
including the acquisition of usufruct, establishment of (v) when the wildlife is killed or destroyed after it has
easements or other undertakings appropriate in been used in authorized research or experiments.
protecting the critical habitat.
5
(b) inflicting injury which cripples and/or impairs the (c) imprisonment of two (2) years and one (1) day to
reproductive system of wildlife species; four (4) years and/or a fine of Thirty thousand pesos
(P30,000.00) to Three hundred thousand pesos
(c) effecting any of the following acts in critical (P300,000.00), if inflicted or undertaken against
habitat(s): vulnerable species; ADEHTS
(i) dumping of waste products detrimental to wildlife; (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
(ii) squatting or otherwise occupying any portion of the
(P200,000.00), if inflicted or undertaken against other
critical habitat;
threatened species; and
(vi) quarrying For illegal acts under paragraph (b) of the immediately
preceding section, the following penalties and/or fines
(d) introduction, reintroduction or restocking of wildlife shall be imposed:
resources;
(a) imprisonment of a minimum of four (4) years and
(e) trading of wildlife; 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
(f) collecting, hunting or possessing wildlife, their by- undertaken against species listed as critical;
products and derivatives;
(b) imprisonment of two (2)years and one (1) day to
(g) gathering or destroying of active nests, nest trees, four (4) years and/or a fine of Thirty thousand pesos
host plants and the like; (P30,000.00) to Two hundred thousand pesos
(P200,000.00), if inflicted or undertaken against
(h) maltreating and/or inflicting other injuries not endangered species;
covered by the preceding paragraph; and
(c) imprisonment of one (1) year and one (1) day to
(i) transporting of wildlife. two (2) years and/or a fine of Twenty thousand pesos
(P20,000.00) to Two hundred thousand pesos
CHAPTER V (P200,000.00), if inflicted or undertaken against
vulnerable species;
Fines and Penalties
(d) imprisonment of six (6) months and one (1) day to
one (1) year and/or a fine of Ten thousand pesos
SECTION 28. Penalties for Violations of this Act. —
(P10,000.00) to Fifty thousand pesos (P50,000.00), if
For any person who undertakes illegal acts under
inflicted or undertaken against other threatened
paragraph (a) of the immediately preceding section to
species; and
any species as may be categorized pursuant to this
Act, the following penalties and/or fines shall be
imposed: (e) imprisonment of one (1) month 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
(a) imprisonment of a minimum of six (6) years and
undertaken against other wildlife species.
one (1) day to twelve (12) years and/or a fine of One
hundred thousand pesos (100,000.00) to One million
pesos (1,000,000.00), if inflicted or undertaken For illegal acts under paragraphs (c) and (d) of the
against species listed as critical; 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
(b) imprisonment of four (4) years and one (1) day to
(P5,000,000.00) shall be imposed.
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 For illegal acts under paragraph (e), the following
endangered species; penalties and/or fines shall be imposed:
6
(a) imprisonment of two (2) years and one (1) day to against other wildlife species: Provided, That in case of
four (4) years and/or a fine of Five thousand pesos paragraph (f), where the acts were perpetuated
(P5,000.00) to Three hundred thousand pesos through the means of inappropriate techniques and
(P300,000.00), if inflicted or undertaken against devices, the maximum penalty herein provided shall be
species listed as critical; imposed.
(b) imprisonment of one (1) year and one (1) day to For illegal acts under paragraphs (h) and (i) of the
two (2) years and/or a fine of Two thousand pesos immediately preceding section, the following penalties
(P2,000.00) to Two hundred thousand pesos and/or fines shall be imposed:
(P200,000.00) if inflicted or undertaken against
endangered species; (a) imprisonment of six (6) months and one (1) day to
one (1) year and a fine of Fifty thousand pesos
(c) imprisonment of six (6) months and one (1) day to (P50,000.00) to One hundred thousand pesos
one (1) year and/or a fine of One thousand pesos (P100,000.00), if inflicted or undertaken against
(P1,000.00) to One hundred thousand pesos species listed as critical species;
(P100,000.00), if inflicted or undertaken against
vulnerable species; (b) imprisonment of three (3) months and one (1) day
to six (6) months and a fine of Twenty thousand pesos
(d) imprisonment of one (1) month and one (1) day to (P20,000.00) to Fifty thousand pesos (P50,000.00), if
six (6) months and/or a fine of Five hundred pesos inflicted or undertaken against endangered species;
(P500.00) to Fifty thousand pesos (P50,000.00), if
inflicted or undertaken against species listed as other (c) imprisonment of one (1) month and one (1) day to
threatened species; and three (3) months and a fine of Five thousand pesos
(P5,000.00) to Twenty thousand pesos (P20,000.00),
(e) imprisonment of ten (10) days to one (1) month if inflicted or undertaken against vulnerable species;
and/or a fine of Two hundred pesos (P200.00) to
Twenty thousand pesos (P20,000.00), if inflicted or (d) imprisonment of ten (10) days to one (1) month
undertaken against other wildlife species. and a fine of One thousand pesos (P1,000.00) to Five
thousand pesos (P5,000.00) if inflicted or undertaken
For illegal acts under paragraphs (f) and (g) of the against species listed as other threatened species;
immediately preceding section, the following penalties
and/or fines shall be imposed: (e) imprisonment of five (5) days to ten (10) days and
a fine of Two hundred pesos (P200.00) to One
(a) imprisonment of two (2) years and one (1) day to thousand pesos (P1,000.00), if inflicted or undertaken
four (4) years and a fine of Thirty thousand pesos against other wildlife species.
(P30,000.00) to Three hundred thousand pesos
(P300,000.00), if inflicted or undertaken against All wildlife, its derivatives or by-products, and all
species listed as critical; paraphernalia, tools and conveyances used in
connection with violations of this Act, shall be ipso
(b) imprisonment of one (1) year and one (1) day to facto forfeited in favor of the government: Provided,
two (2) years and a fine of Twenty thousand pesos That where the ownership of the aforesaid
(P20,000.00) to Two hundred thousand pesos conveyances belong to third persons who has no
(P200,000.00), if inflicted or undertaken against participation in or knowledge of the illegal acts, the
endangered species; same may be released to said owner. The
apprehending agency shall immediately cause the
(c) imprisonment of six (6) months and one (1) day to transfer of all wildlife that have been seized or
one (1) year and a fine of Ten thousand pesos recovered to the nearest Wildlife Rescue Center of the
(P10,000.00) to One hundred thousand pesos Department in the area.
(P100,000.00), if inflicted or undertaken against
vulnerable species; If the offender is an alien, he shall be deported after
service of sentence and payment of fines, without any
(d) imprisonment of one (1) month and one (1) day to further proceedings.
six (6) months and a fine of Five thousand pesos
(P5,000.00) to Fifty thousand pesos (P50,000.00), if The fines herein prescribed shall be increased by at
inflicted or undertaken against species listed as other least ten percent (10%) every three (3) years to
threatened species; and compensate for inflation and to maintain the deterrent
function of such fines.
(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
7
CHAPTER VI Customs officers and/or other authorized government
representatives assigned at air or seaports who may
Miscellaneous Provisions have intercepted wildlife commodities in the discharge
of their official functions shall, prior to further
disposition thereof, secure a clearance from the wildlife
SECTION 29. Wildlife Management Fund. — There is
traffic monitoring unit assigned in the area.
hereby established a Wildlife Management Fund to be
administered by the Department as a special account
in the National Treasury. It shall finance rehabilitation SECTION 34. Exemption from Taxes. — Any donation,
or restoration of habitats affected by acts committed in contribution, bequest, subsidy or financial aid which
violation of this Act and support scientific research, may be made to the Department of Environment and
enforcement and monitoring activities, as well as Natural Resources or to the Department of Agriculture
enhancement of capabilities of relevant agencies. and to NGOs engaged in wildlife conservation duly
registered with the Securities and Exchange
Commission as certified by the local government unit,
The Fund shall derive from fines imposed and damages
the Department of Environment and Natural Resources
awarded, fees, charges, donations, endowments,
or the Department of Agriculture, for the conservation
administrative fees or grants in the form of
and protection of wildlife resources and their habitats
contributions. Contributions to the Fund shall be
shall constitute as an allowable deduction from the
exempted from donor taxes and all other taxes,
taxable income of the donor and shall be exempt from
charges or fees imposed by the government. CDEaAI
donor’s tax.