WILDLIFE LAW

WHAT IS WILDLIFE

• Wild forms and varieties of flora and

fauna
• In all developmental stages
• Including those which are in captivity or
are being bred or propagated
• Grow or live wild in areas not introduced
by humans (undomesticated)
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STATE POLICY
 “
All lands of the public domain, waters,
minerals, coal, petroleum, and other
mineral oils, all forces of potential
energy, fisheries, forests or timber,
wildlife, flora and fauna, and other
natural resources are owned by the
State…”
Laws Relevant to Wildlife
Republic Act No. 9147 (Wildlife Resources
Conservation and Protection Act)
State policy:
• Conserve wildlife resources
• Conserve wildlife habitats for sustainability
• Regulatory mechanism
SCOPE OF APPLICATION
◎ all wildlife species

◎ all areas of the country

◎ all exotic species

EXCLUDED:
◎ domesticated or propagated
species

◎ EXCEPTION: wild form (DENR/DA)

 WILDLIFE WITHIN Ancestral
Domains/Ancestral Lands

◎ FREE AND PRIOR INFORMED

CONSENT (RA 8371, IPRA)
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JURISDICTION -
AUTHORITY
DENR - DA
 PRIMARY POWER AND
AGENCIES: JURISDICTION AUTHORITIES

1. All terrestrial 1. Power to review

plant and animal 2. Revise and
species regularly update
DENR 2. Turtles and the list of species
tortoises and under their
wetland species, respective
e.g. crocodiles, jurisdiction
water birds, and
all amphibians
and dugong
 1. All aquatic critical
habitats and aquatic
resources, e.g. all Same
DA fishes, aquatic plants,
invertebrates, and all
marine mammals,

2. except dugong
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WILDLIFE
CATEGORIES
(status)
THREATENED SPECIES
◎ critically endangered,
endangered, vulnerable, or other
accepted categories of wildlife

◎ which population is at risk of

extinction
THREATENED SPECIES

1. VULNERABLE
2. ENDANGERED
3. CRITICALLY ENDANGERED
 VULNERABLE
• Neither critically endangered
nor endangered
• under threat from various
factors
• likely to move to endangered
category in the near future
 Endangered
• not yet critically endangered
• survival in the wild is unlikely if
the causal factors continue
operating
CRITICALLY ENDANGERED
• Species facing extremely high
risk of extinction in the wild in
the immediate future
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MANDATES, ROLES AND
FUNCTIONS OF AGENCIES
INVOLVED IN WILDLIFE LAW
ENFORCEMENT
 Use charts to explain your ideas

White Gray Black

Department of Environment and
Natural Resources (DENR)
1. Protected Areas and Wildlife
Bureau (PAWB)
- national parks, marine parks,
game refuges and wildlife
- endangered Phil. flora and fauna
- Prepares up-to date listing of
endangered species
2. Forest Management Bureau
(FMB)
- forest lands, watersheds, mangrove
areas
- the utilization and exploitation of
forest resources including wildlife
3. Environmental Management
Burea (EMB)
- environmental impact assessment
Activities under Republic Act 9147 must
undergo (EIA) process
◎ EIA process for the following:
 Introduction of exotic fauna
 release of pathogenic organism
 testing of genetically-engineered organism:

* in critical area
* significant risks to the environment
Functions of DENR on Wildlife Law
Enforcement
Protected Area Superintendents (PASU)

◎ peace officer
◎May arrest any person with police supervision
◎ Demand autority/permit on extraction/gathering
activities inside PA
◎ Seize and confiscate … used inside the PA by unlicensed
persons or in violation of PA laws, rules, and regulations
◎ To report such violations … issued by the Secretary
concerning … natural resources and confiscated wildlife
(DAO 25-92, Sec 38)
 5
Wildlife Enforcement
Officers (WEO)
W H O may be “designated”

1. DENR officials and field

personnel
Wildlife Enforcement Officers (WEO)

2. DA officials and field personnel

Limited to:
i. all declared aquatic critical habitats
i. all aquatic resources
 Wildlife Enforcement Officers (WEO)

3. deputized WEO from NGO, community

organization, and other volunteers
* but have undergone the necessary training
for this purpose (RA 9147, sec30)

4. designated WEO from PNP, AFP, NBI,

and other law enforcement agencies (RA
9147)
- enforcement officer but not designated
FUNCTIONS OF WEO

1. seize illegally traded wildlife and arrest violators of RA

9147
2. seize illegally collected, possessed and/or traded
wildlife, or parts, by-products and/or derivatives thereof
3. 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
4. Assist in the conduct of surveillance and monitoring of
wildlife-related activities
5. 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 PI or inquest
FUNCTIONS OF WEO
6. Deliver within reasonable time to the nearest CENRO,
PENRO or DENR Regional Office or BFAR
Regional/Provincial Offices 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
7. Act as witness in court (criminal complaints against
wildlife violators)
8. Prosecute cases before MTCs in areas where there are no
prosecutors
9. Submit monthly accomplishment reports to the
concerned field offices with jurisdiction over area of
operations
10. Coordinate with other law enforcement agencies for
security reasons, if necessary
PERMITS; Secretary

• Permits/certifications/clearances

• Period of validity
WILDLIFE FARM / CULTURE PERMIT
• a permit to develop, operate and maintain a wildlife
breeding farm for conservation, trade and/or
scientific purposes

• 3 – 5 years
WILDLIFE COLLECTOR’S PERMIT
• a permit to take or collect from the wild certain
species and quantities of wildlife for commercial
purposes

• 1 - 3 years
GRATUITOUS PERMIT
• permit issued to any individual or entity engaged in
noncommercial scientific or educational undertaking
to collect wildlife

• 1 year
LOCAL TRANSPORT PERMIT
• 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

• 1 to 3 months
EXPORT/IMPORT/RE-EXPORT PERMIT

• 1 to 6 months
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“REGULATED”
ACTIVITIES UNDER
RA 9147
 ACTIVITY REQUIREMENTS/RESTRICTIONS

COLLECTION OF WILDLIFE 1. Should be in accordance with Section 6, RA 9147

(Section 7, RA 9147)
Defined as the act of gathering or harvesting wildlife, its by-
products or derivatives;
When allowed:
1. by indigenous people for traditional use but not
primarily for trade (except threatened species, Sec 23)
2. if no detriment to existing wildlife populations and their
habitats
2. Should use appropriate and acceptable wildlife
collection techniques with least or no detrimental effects
to the existing wildlife population and their habitats
3. Collection by indigenous people may be allowed for
traditional use and not primarily for trade
4. Shall not cover threatened species (sec 23 – (a) allowed
only for scientific, breeding, or propagation purposes; b)
only the accredited individuals, business, research,
educational, or scientific entities shall be allowed to
collect for conservation, breeding or propagation
purposes

POSSESSION of wildlife 1. Prove financial and technical capability and facility (to
(Section 8, RA 9147) maintain wildlife)
2. Source was not obtained in violation of the act
GENERAL RULE: no person or entity shall be allowed
possession of wildlife illegal source = illegal possession
 ACTIVITY REQUIREMENTS/RESTRICTIONS

COLLECTION/POSSESSION of BY-PRODUCTS AND 1. may be collected and/or possessed

DERIVATES 2. source was not obtained in violation of the act
(Section 9, RA 9147)

“By-products/derivatives” – any part taken or substance

extracted from wildlife, in raw or in processed form e.g.
stuffed animals, herbarium specimens

LOCAL TRANSPORT of wildlife, by-products and 1. local transport … collected or possessed through any
derivatives other means shall be authorized
(Section 10, same) 2. UNLESS it is prejudicial to the wildlife and public health
 1. Exportation and importation from another country is allowed
EXPORTATION and/or IMPORTATION of wildlife 2. Provided, it is authorized by the Secretary or the designated
(Section 11) representative
3. Subject to strict compliance with RA 9147 and other rules
and regulations
4. Provided further, the recipient of the wildlife is technically
and financially capable to maintain it

1. Allowed only for population enhancement or recovery

INTRODUCTION, REINTRODUCTION, or RESTOCKING of purposes
ENDEMIC or INDIGENOUS WILDLIFE 2. Subject to scientific study
(Section 12) 3. public consultations with concerned individuals or entities

“Endemic” – species which is naturally occurring and found only

within specific areas in the country
“Indigenous Wildlife” – species of wildlife naturally occurring or
has naturally established population in the country
 ACTIVITY REQUIREMENTS/RESTRICTIONS

1. NOT ALLOWED in PAs and critical habitats

INTRODUCTION of EXOTIC wildlife 2. ALLOWED in other areas –
(Section 13) 3. clearance from the Secretary/authorized representative
4. environmental impact study;
5. prior informed consent of local stakeholders

BIOPROSPECTING 1. Bioprospecting Undertaking

(Section 14)
defined: the research, collection and utilization of biological and
genetic resources for purposes of applying the knowledge derived
therefrom solely for commercial purposes
2. prior informed consent from the local community,
Indigenous Peoples (IPs) community, Protected Area
Management Board (PAMB), private land owner
3. Environmental Impact Assessment (EIA) when
applicable and necessary
4. If foreign – active involvement of local institution

1. Undertaking/agreement
SCIENTIFIC RESEARCHES on wildlife 2. Gratuitous permit
(Section 15) 3. Prior informed consent

If foreign – active involvement of local institution

 ACTIVITY REQUIREMENTS/RESTRICTIONS

BIO-SAFETY
(Section 16) 1. Shall be reviewed in accordance with bio-safety
guidelines ensuring public welfare and the protection
1. All activities dealing with genetic engineering and and conservation of wildlife and their habitats
pathogenic organisms
2. Activities requiring the importation, introduction, field
release, and breeding of organisms that are potentially
harmful to man and environment

COMMERCIAL BREEDING or PROPAGATION of wildlife

resources 1. Wildlife farm/culture permit
(Section 17) 2. Environmental impact study
 7
“PROHIBITED”
ACTIVITIES UNDER
RA 9147
 PROHIBITED ACTS PENALTIES (SECTION 28, RA 9147)
Imprisonment of:
Killing and destroying wildlife species
(Section 27 (a))
6 years and 1 day to 12 years and/or fine of 100,000 to 1
million (species listed as critical)
Exceptions:
4 years and 1 day to 6 years and/or fine of 50,000 to 500,000
1. religious rituals of established tribal groups or ICCs
(for endangered species)
2. afflicted with an incurable communicable disease
3. deemed necessary to put an end to the misery suffered
2 years and 1 day to 4 years and/or fine of 30,000 to 300,000
by the wildlife
(vulnerable species)
4. prevent an imminent danger to the life and limb of a
human being
1 year and 1 day to 2 years and/or fine of 20,000 to 200,000
5. When the wildlife is killed or destroyed after it has been
(for threatened species)
used in authorized research or experiments
6 months and 1 day to 1 year and/or fine of 10,000 to
100,000 (other wildlife species)
 PROHIBITED ACTS PENALTIES (SECTION 28, RA 9147)
Imprisonment of:

4 years and 1 day to 6 years and/or fine of 50,000 to 500,000

(species listed as critical)

2 years and 1 day to 4 years and/or fine of 30,000 to 200,000

Inflicting injury which cripples and/or impairs the (endangered species)
reproductive system of wildlife species
(Section 27[b]) 1 year and 1 day to 2 years and/or fine of 20,000 to 200,000
(vulnerable species)

6 months and 1 day to 1 year and/or fine of 10,000 to 50,000

(threatened species)

1 month to 6 months and/or fine of 5,000 to 20,000 (other

wildlife species)
 ACTIVITY REQUIREMENTS/RESTRICTIONS

Effecting any of the following acts in critical habitats:

1. Dumping of waste products detrimental to wildlife
2. Squatting or otherwise occupying any portions of the
critical habitats Imprisonment of:
3. Mineral exploration and/or extraction
4. Burning 1 month to 8 years and/or fine of 5,000 to 5 million pesos
5. Logging
6. Quarrying

(Section 27 [c])

Introduction, reintroduction or restocking of wildlife Imprisonment of:

resources
(Section 27 (d)) 1 month to 8 years and/or fine of 5,000 to 5 million pesos
 ACTIVITY REQUIREMENTS/RESTRICTIONS

Collecting, hunting or possessing wildlife, their by- Imprisonment of:

products or derivatives
(Section 27(f)) 2 years and 1 day to 4 years and fine of 30,000 to 300,000
(species listed as critical)
(note: if act committed through inappropriate techniques and
devices, maximum penalty will apply) 1 year and 1 day to 2 years and fine of 20,000 to 200,000
(endangered species)

6 months and 1 day to 1 year and a fine of 10,000 to 100,000

(vulnerable species)

1 month and 1 day to 6 months and a fine of 5,000 to 50,000

(other threatened species)

10 days to 1 month and a fine of 1,000 to 5,000 (other

wildlife species)

Gathering or destroying of active nests, nest trees, host Same as above –

plants, and the like
(Section 27 (g))
 ACTIVITY REQUIREMENTS/RESTRICTIONS

Maltreating and/or inflicting other injuries not covered Imprisonment of:

by the preceding paragraph
(Section 27 (h)) 6 months and 1 day to 1 year and a fine of 50,000 to 100,000
(species listed as critical)

3 months and 1 day to 6 months and a fine of 20,000 to

50,000 (endangered species)

1 month and 1 day to 3 months and a fine of 5,000 to 20,000

(vulnerable species)

10 days to 1 month and a fine of 1,000 (other threatened

species)

5 days to 10 days and a fine of 200 to 1,000 (other wildlife

species)

Transporting of wildlife Same as above

(Section 27 (i))
 ACTIVITY
Additional penalties: (Section 28, RA 9147)
1. Forfeiture of all wildlife, its derivatives or by-products,
and all paraphernalia, tools, and conveyances used in
connection with violations of this act;
2. if conveyance owned by third-person who has no
participation in or knowledge of the illegal acts, same
may be released to the owner;
REQUIREMENTS/RESTRICTIONS
1. if offender is an alien – deportation after service of
sentence and payment of fines
*Turnover to the nearest Wildlife Rescue Center of
the Department in the area – the apprehending
agency shall immediately cause the transfer of all
wildlife that have been seized or recovered
 WILDLIFE TRADE Wildlife Smuggling
- act engaging in the STRATEGIES
exchange, exportation or * falsified or forged
importation, purchase or documents
sale of wildlife, their * False declaration or non-
derivatives or by-products, declaration
locally or internationally * Concealment
(Section 5(t) RA 9147)

When is it ILLEGAL?
* Transactions use
fraudulent or fictitious
permit
* Species and quantity
exceeds what are allowed
under a permit
Absent of permit
Thanks!