Wildlife Resources Conservation and Protection Act
From Legal Wiki
Republic Act No. 9147 (full text), also known as the Wildlife Resources Conservation and Protection Act, is a consolidation of House Bill No. 10622 and Senate Bill No. 2128, and was signed into law on 30 July 2001 by President Gloria Macapagal-Arroyo.
Conservation and protection of wildlife resources
Collection of wildlife
Collection or collecting means the act of gathering or harvesting wildlife, its by-products or derivatives.  Collection of wildlife may be allowed pursuant to the previous of the law. 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. That collection of wildlife by indigenous people may be allowed for traditional use and not primarily for trade. The collection and utilization for said purpose shall not cover threatened species, specifically governed under RA 9147.
On the other hand, by-products and derivatives may be collected and/or possessed, but the source must not be obtained in violation of RA 9147. 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.
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. It is also required that the source of the wildlife must not be obtained in violation of R.A. 9147.
Local transport of wildlife
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.
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 of recovery purposes subject to prior clearance from the Secretary of 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.
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 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.
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.
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.
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.
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.
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 become threatened, any form of collection shall be prohibited except for scientific, educational or breeding/propagation purposes, pursuant to the provisions of this Act.
Related law: The Animal Welfare Act of 1998
Definitions under the Wildlife Resources Conservation and Protection Act:
- By-product or derivatives
- Captive-breeding/culture or propagation
- Collection or Collecting
- Critically endangered species
- Economically important species
- Endangered species
- Endemic species
- Exotic species
- Export permit
- Gratuitous permit
- Import permit
- Indigenous wildlife
- Reexport permit
- Threatened species
- Traditional use
- Transport permit
- Vulnerable species
- Wildlife collector's permit
- Wildlife farm/culture permit
- ↑ Republic Act No. 9147, Sec. 5 (d)
- ↑ Republic Act No. 9147, Sec. 7
- ↑ Republic Act No. 9147, Sec. 9
- ↑ Republic Act No. 9147, Sec. 5 (b)
- ↑ Republic Act No. 9147, Sec. 8
- ↑ Republic Act No. 9147, Sec. 10
- ↑ Republic Act No. 9147, Sec. 11
- ↑ Republic Act No. 9147, Sec. 12
- ↑ Republic Act No. 9147, Sec. 13
- ↑ Republic Act No. 9147, Sec. 14
- ↑ Republic Act No. 9147, Sec. 15
- ↑ Republic Act No. 9147, Sec. 16
- ↑ Republic Act No. 9147, Sec. 17