Ra 9147
Ra 9147
Ra 9147
CHAPTER I
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:
(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 their 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.
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 shes, 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
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(x)"Wildlife" means wild forms and varieties of ora 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 purpose; 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.
CHAPTER III
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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.
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to 5 years;
to 3 years;
year;
to 3 months; and
to 6 months.
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permit
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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;
(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):
(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.
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 (100,000.00) to One
million pesos (1,000,000.00), 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
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(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 (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;
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(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 (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 ne 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 nes 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;
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(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;
(d)imprisonment of 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
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(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;
(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
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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 nes herein prescribed shall be increased by at least ten percent (10%) every
three (3) years to compensate for in ation 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 nance rehabilitation or restoration of habitats affected by
acts committed in violation of this Act and support scienti c research, enforcement
and monitoring activities, as well as enhancement of capabilities of relevant agencies.
The Fund shall derive from nes 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 Of cers . The Secretary shall
deputize wildlife enforcement of cers from nongovernment 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 of cers. As such, the
wildlife enforcement of cers 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 scienti c 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 con scated,
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.
SECTION 33.Creation of Wildlife Traf c Monitoring Units . The Secretary shall
create wildlife traf c 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 of cers and/or other authorized government representatives assigned
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at air or seaports who may have intercepted wildlife commodities in the discharge of
their of cial 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 nancial 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 certi ed
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.
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