Summary of Provisions in DENR AO 2019-09 and RA 9147 (Wildlife Resources Conservation and Protection Act)

[Main]


The Wildlife Resources Conservation and Protection Act (RA 9147) together with its Implementing Rules and Regulations (IRR) and Bioprospecting Guidelines present the requirements in performing wildlife collections.

A few sections of the DAO 2019-09 and RA 9147 are highlighted here to emphasize the importance of keeping up to date with the existing laws for the conservation of Philippine wildlife. Aside from species that are declared critically endangered, endangered, or vulnerable, other threatened species are explicitly defined and protected.

[DAO 2019-09] Section 1(e.4). Definition of Terms, Other Threatened Species
"Refers to a species that is not critically endangered, endangered nor vulnerable but is under threat from adverse factors, such as over collection throughout its range and is likely to be moved to the vulnerable category in the near future. It also includes species that have the tendency to become threatened due to predation, destruction of habitats, or other similar causes, new species, and species with insufficient scientific informationSuch species may be included in the threatened species list by the Secretary upon the recommendation of the Philippine Red List Committee (PRLC) for Wild Fauna and endorsement of the National Wildlife Management Committee (NWMC)."

[DAO 2019-09] Section 2. Criteria for determination of threatened species of wild fauna and their categories
"The classification of the threatened species in this order as critically endangered, endangered, vulnerable, and other threatened species is based on the best scientific and internationally accepted criteria, including but not limited to the following: (1) destruction, modification or curtailment of its habitat or range; (2) over-utilization for commercial, recreational, scientific or educational purposes; (3) other natural or man-made factors affecting existence of wildlife; (4) perceived/observed reduction in population size and area of occupancy; and (5) small population size and/or restricted population continuing decline in such population."

[DAO 2019-09] Section 5. Interpretation
"In the case of conflict between the scientific name and the common name in the actual application, the scientific name shall be the controlling interpretation."

[DAO 2019-09] Section 6. Species listed under CITES Appendices, and Non-CITES Exotic species 
"For purposes of penalties under RA 9147, the species listed under CITES shall be treated as follows: Appendix I will be considered under the category of  critically endangered; Appendix II will be considered under the category of endangered; and, Appendix III shall be considered under the vulnerable category. Should a species listed in both CITES and this Order fall under the different categories, the category in this Order shall prevail. Further, exotic species not listed in any of CITES Appendices shall be considered as Other Wildlife Species."

[DAO 2019-09] Section 9. Illegal Acts
"It shall be unlawful for any person, group or entity to collect and/or trade threatened wild fauna listed hereof, unless such acts are covered by a permit issued by the DENR in accordance with existing wildlife laws, rules and regulations."

[RA 9147] 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 (P 100,000.00) to one million pesos (P 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 (P 50,000.00) to five hundred thousand pesos (P 500,000.00), if inflicted or undertaken against endangered species;"

"(c) 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 three hundred thousand pesos (P 300,000.00), if inflicted or undertaken against vulnerable species;"

"(d) imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of twenty thousand pesos (P 20,000.00) to two hundred thousand pesos (200,000.00), 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 (P 10,000.00) to one hundred thousand pesos (P 100,000.00), 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 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 fines herein prescribed shall be increased by at least ten percent (10%) every three (3) years to compensate for inflation and maintain the deterrent function of such fines."

References:

DENR Administrative Order 2019-09. Retrieved from: http://www.bmb.gov.ph/index.php/e-library/laws-and-policies/denr-administrative-orders/dao-2017-2019

Republic Act 9147 "Wildlife Resources Conservation and Protection Act".

[Main]

Comments

Popular posts from this blog

Weevils of the Philippines

List of Philippine tiger beetles (Coleoptera: Cicindelidae)