Republic Act No. 9147: Wildlife Resources Conservation and Protection Act

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Republic Act No.

9147
Wildlife Resources Conservation and Protection Act

Maricar Puno-Sanchez
Chief, Surveillance and Intelligence Section
Enforcement Division
Republic Act No. 9147
 “Wildlife Act”
 Approved on 30 July 2001 by then President Gloria Macapagal Arroyo
 A twenty (20)- year old law.
 It has forty-one (41) Sections
 It is composed of six (6) chapters, as follows:
 General Provisions
 Definition of Terms
 Conservation and Protection of Wildlife Resources
 Illegal Acts
 Fines and Penalties
 Miscellaneous Provisions
Objectives:
 1. To conserve and protect wildlife species and their habitat to
promote ecological balance;

 2.To regulate the collection and trade of wildlife;

 3. To pursue the Philippine commitment to international


conventions, protection of wildlife and their habitats; and

 4. To initiate or support scientific studies on the conservation of


biological diversity.
Jurisdiction of the DENR, DA and PCSD:
 Department of Environment and Natural Resources (DENR):
 -terrestrial plants and animal species; all turtles and tortoises and wetland
species, including but not limited to crocodiles, waterbirds and all
amphibians and dugong.
 Department of Agriculture (DA):
 - aquatic critical habitats, all aquatic resources, including but not limited to
all fishes, aquatic plants, invertebrates and all marine mammals, except
dugong.
 Palawan Council for Sustainable Development (PCSD):
 -over all those species mentioned above found in the Province of Palawan.
Definition of terms:
 1. 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.

 2. BY-PRODUCT- refers to any part taken from wildlife species such as meat,
hides, antlers, feathers, leathers, fur, internal organs, bones, roots trunks,
barks and the like, or whole body of wildlife in its preserved/stuffed state.

 3. 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.
 4. 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.

 5. CAPTIVE-BREEDING/CULTURE OR PROPAGATION- is the process of


producing individuals under controlled conditions or with human
intervention.
 Classification of Wildlife as to Conservation Status:
Conservation and Protection of
Wildlife Resources

 1. Collection of wildlife
 2. Possession of wildlife
 3. Collection and /or possession of by-products and derivatives
 4. Local Transport of wildlife, by-products and derivatives
 5. Exportation and/or Importation
 6. Introduction, Reintroduction or Restocking of endemic species
 7. Biorespecting
 8.Scientific Researches on wildlife
 9. Biosafety
 10. Commercial Breeding or Propagation of Wildlife Resources
ILLEGAL ACTS AND PENALTIES:
(Sections 27 & 28)
1. Killing and destroying wildlife species, EXCEPT in the following instances:
a. when it is done as part of religious rituals of established tribal groups of
indigenous cultural communities;
b. When the wildlife is afflicted with an incurable communicable disease;
c. when it is deemed necessary to put an end to misery suffered by the
wildlife;
d. when it is done to prevent an imminent danger to the life or limb of a
human being; and,

e. when the wildlife is killed or destroyed after it has been used in a


authorized research or experiment.
 Penalty: imprisonment of 6 yrs & 1 day to 12 yrs. and/or fine Php 600,000 to
Php 1M for those listed as critical; 6 mos. & 1 day to 1 yr. and/or Php
10,000 to Php 100,000 for other wildlife species. (The penalty ranges
depending on the category of the wildlife killed.)

 2. Inflicting injury which cripples and/or impairs the reproductive system of


wildlife species
 Penalty: imprisonment of 4 yrs & 1 day to 6 mos. and/or fine of Php 50,000
to Php 500,000; 1 mo. and 1 day to 6 mos and/or fine of Php 5,000 to Php
20,000
 3. Effecting any of the following acts:
 a. dumping of waste products detrimental to wildlife;
 b. squatting or otherwise occupying any portion of the critical habitat;
 c. mineral exploration and/or extraction;
 d. burning;
 e. logging; and quarrying.
Penalty: imprisonment of 1 mo. to 8 yrs and/or a fine of Php 5,000 to Php 5M
 4. Introduction, reintroduction or restocking of wildlife resources
 Penalty: same as that for illegal act no.3
 5. Trading of wildlife
 Penalty: imprisonment of 2 yrs & 1 day to 4 yrs and/or a fine of Php
5,000 to Php 300,000; imprisonment of 10 days to 1 mo. and/or fine Php
200- Php 20,000.
 6. Collecting, hunting or possessing wildlife, their by-products and
derivatives
 Penalty: imprisonment of 2 yrs and 1 day to 4 yrs nd/or a fine of Php
30,000 to Php 300,000; imprisonment of 10 days to 1 mo. and a fine of Php
1,000 to Php 5,000.
 POSSESSION:
 DAO No. 2004-62 ( Registration of threatened, non-threatened species, exotic
species)
 -Certificate of Wildlife Registration (CWR)
 - utilize the wildlife as income generating resource thru recreational and
educational activities; engage in captive breeding; engage in the exchange
with and/or donation of owned progenies to other CWR holders; local trade or
transfer/exchange of registered non-threatened faunal species ( transfer only to
an immediate member of the family within the third degree of
consanguinity/affinity)
 BUT NOT to collect animals from the wild, to purchase, exchange, or to receive
any wildlife, including by-products and derivatives from illegal sources, to loan
or make the animals as collateral for any transaction or financial obligation.
 DAO No. 2004-55
 Wildlife Special Use Permits ( shows/exhibition, educational/documentation for
commercial purposes)
 -animals in parks, zoos, aviaries, circus shows, rescue centers, resorts and the like for
recreational, educational, research and/or scientific purposes.

 7. Gathering or destroying of active nests, nest trees, host plants and the like
 Penalty: same as that for illegal acts no.6

 8. Maltreating and/or inflicting other injuries not covered by the preceding


paragraph; and
 Penalty: imprisonment of 6 mos and 1 day to 1 year and a fine of Php 50,000 to Php
100,000; imprisonment of 5 days to 10days and a fine of Php 200 to Php 1,000.
 9. Transporting of wildlife
 Penalty: same as that of illegal act no. 8
Every generation has the responsibility to the next, to preserve
that rhythm and harmony of nature for the full enjoyment of a
balanced and healthful ecology.
(Doctrine of Intergenerational Responsibility- Oposa vs. Factoran

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