(NAR) VOL. 15 NOS. 3-4 / OCTOBER - DECEMBER 2004
1. Captive-bred - wildlife born or otherwise produced in a controlled environment;
2. Charges - amount collected for use of a privilege under control of government;
3. CITES Export Permit - permit authorizing an individual to bring, send or transport wildlife listed under the CITES Appendices, including its by-products or derivatives, from the Philippines to other countries;
4. CITES Import Permit - permit issued authorizing an individual to bring into the Philippines wildlife listed under the CITES Appendices, including its by-products or derivatives, from other countries;
5. CITES Re-export Permit - permit authorizing an individual to bring out of the country wildlife listed under the CITES Appendices, including its by-products or derivatives, which were previously imported;
6. Commercial purposes - activities undertaken to obtain economic benefit, including profit (whether in cash or in kind) and is directed toward resale, exchange, provision of a service or other form of economic use or benefit;
7. Conservation breeding - the process of producing wildlife under controlled conditions or with human intervention for possible release to the wild or other conservation or scientific purposes;
8. Director - the Director of the Protected Areas and Wildlife Bureau
9. Economically Important Species - species which have actual or potential value in trade or utilization for commercial purpose;
10. Exportation - the act of bringing wildlife, its by-products or derivatives out of the country;
11. Fees - amount collected covering administrative costs and services of public offices;
12. Gratuitous Permit - privilege given to an individual, academe, research institution, or organization to capture/harvest and transport wildlife species from the natural habitat for scientific and other authorized purposes.
13. Importation - the act of bringing wildlife, by-products or derivatives into the country;
14. Joint DENR-DA-PCSD A.O. No. 01 Series of 2004 - the implementing rules and regulations of the Republic Act No. 9147 otherwise known as "Wildlife Resources Conservation and Protection Act"
15. Large-scale farming - commercial breeding/propagation of wildlife with capital of more than Php 1,500,000.00;
16. Local Transport Permit (LTP) - permit authorizing individual 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;
17. National Wildlife Management Committee (NWMC) - refers to the Committee created pursuant to Section 6 of the Joint DENR-DA-PCSD Administrative Order No. 01 tasked to provide technical and scientific advice to the DENR concerning applications for the collection or use of wildlife as may be allowed in this Order.
18. Non-CITES Export Permit - permit authorizing an individual to bring out non-CITES wildlife from the Philippines to any other country;
19. Non-CITES Import Permit - a permit authorizing an individual to bring into the country non-CITES wildlife from another country;
20. Non-CITES Re-export Permit - permit authorizing an individual to bring out of the country non-CITES wildlife which were previously imported;
21. PAMB - refers to the Protected Area Management Board, a decision making body created by RA 7586 which exercises jurisdiction over a protected area within its area of responsibility;
22. Phytosanitary Certificate - document issued by the Bureau of Plant Industry, Department of Agriculture (BPI-DA) for plants or plant products certifying that the specimens are free from pests and conform with the phytosanitary regulations of the country;
23. Prior clearance - endorsement or certification issued by the concerned agencies or bodies prior to collection of wildlife resources;
24. Protected area - identified portions of land and water set aside by reason of their unique physical and biological significance, managed to enhance biological diversity and protected against destructive human exploitation established pursuant to RA 7586;
25. Quarantine/Veterinary Certificate - document issued by the Bureau of Animal Industry, Department of Agriculture (BAI-DA) for animals certifying that these are free from evidence of dangerous communicable animal diseases or exposure thereto;
26. RED - Regional Executive Director, the head of the DENR Regional Offices;
27. Re-Issuance Fee - payment made for processing and issuing of the same document for replacement of expired CITES/non-CITES permit;
28. Registration - act of entering in the official records wildlife species and granting authority to persons, agencies or institutions to maintain the wildlife;
29. Regional Wildlife Management Committee (RWMC) - refers to the Committee at the Regional level that provide technical assistance and scientific advice to the DENR for species under their jurisdiction;
30. Wildlife - refers to wild forms and varieties/strains of flora and fauna, in all developmental stages, such as but not limited to eggs, pupae, seedlings including those which are in captivity or are being bred or propagated; flora and fauna or those not covered by any legally-accepted document stating that same is a product of registered captive-breeding/propagation shall be presumed to be in wild form;
31. Small-scale Farming - commercial breeding/propagation of wildlife with a capital of PhP 1,500,000.00 or less;
32. Wildlife Collector's Permit (WCP) - permit to take or collect from the wild certain species and quantities of wildlife for commercial breeding/propagation;
33. Wildlife Farm Permit (WFP) - permit to develop, operate and maintain a wildlife breeding farm for conservation, trade and/or scientific purposes;
34. Wildlife Rescue Center - repository of confiscated, donated, retrieved, turned-over or abandoned wildlife species; an establishment where sick, injured, confiscated wildlife are temporarily kept and rehabilitated prior to their release to their natural habitat or implementation of other modes of disposition as may be authorized under existing guidelines;
35. Wildlife Special Use Permit (WSUP) - permit authorizing qualified persons to collect economically important species for direct trade purposes;
4.1.1 For a foreign entity/institution/individual or a Filipino citizen affiliated with a foreign institution, a MOA shall be executed with the PAWB Director or concerned RED, and a GP may be issued whenever necessary.a.1 Research/Project Proposal;
a.2 Institution's Profile, if applicable;
a.3 Endorsement from the Head of the Institution; or in the case of an individual researcher, from a recognized expert or a research institution or a conservation organization;
a.4 Payment of application and processing fees in accordance with Section 11 hereof;
a.5 In case collection of wildlife is necessary, prior clearance from the affected neighborhood/communities, i.e. concerned LGUs, recognized head of the indigenous people in accordance with RA 8371, or Protected Area Management Board, shall be required for the issuance of GP.
4.1.2 For Conservation Breeding or Propagation Activities, and other Wildlife Conservation/Research Projects initiated by local Non-Government/Academic Institutions, an Affidavit of Undertaking by the applicant shall be submitted to the RED concerned. A GP may be issued whenever necessary.
In addition to the above requirements the habitat rehabilitation, protection and management plan for reintroduction and restocking of captive-bred/propagated individuals (for conservation breeding projects only) shall also be submitted;
4.1.3 For purposes of thesis of students affiliated with local academic institutions and other government initiated or implemented research or scientific projects, the issuance of a Gratuitous Permit by the Regional Executive Director concerned, shall be sufficient.a. Research/Project Proposal;
b. Endorsement letter from the concerned Dean (for student applicants only) or in the case of an individual researcher, from a recognized expert or a research institution or conservation organization;
c. Prior clearance from the affected neighborhood/communities, i.e. con- cerned LGUs, recognized head of the indigenous people in accordance with RA 8371, or Protected Area Management Board, shall be required for the issuance of GP.
4.2 Procedures in the issuance of AU, MOA, and GP.a. Evaluation of the completeness of the submitted requirements shall be done by the PAWD of the Regional Office concerned within one (1) working day;
b. In case the requirements are not complete, the application shall be returned immediately informing the applicant of the deficiencies; for mailed application with incomplete requirements these shall be mailed back to the applicant within three (3) working days from receipt, likewise indicating in writing the deficiencies in the application;
c. If the application documents are found in order, the corresponding MOA/GP shall be processed by PAWD and approved by the RED within three (3) working days. In case of AU, the RED shall concur within a day upon receipt by the RED concerned.
d. In case the research covers several regions, the RED with the greater number of collection sites, shall execute a MOA/AU and/or shall process and issue a GP within three (3) working days.
5.1 Wildlife Farm Permit (WFP)5.1.1 Requirementsa. Small Scale Farming (with capital of Php 1,500,000.00 and below);
a.1 Duly accomplished application form (ANNEX "A") with two recent 2" x 2" photo of applicant;
a.2 Copy of Certificate of Registration from appropriate Government agencies such as the Security and Exchange Commission (SEC), Cooperative Development Authority (CDA), etc.;
a.3 Proof of scientific expertise (list and qualifications of manpower);
a.4 Financial plan showing financial capability to go into breeding;
a.5 Proposed facility design;
a.6 In case of indigenous threatened species, letter of commitment to simultaneously undertake conservation breeding and propose measures on rehabilitation and/or protection of habitat, where appropriate, as may be determined by the RWMC;
a.7 Prior clearance from the affected communities, i.e. concerned LGUs, recognized head of the indigenous people in accordance with RA 8371, or Protected Area Management Board;
b. Medium to Large Scale Farming (with capital of more than Php 1,500,000.00)
a.1 Duly accomplished form (ANNEX "A") with recent 2 x 2 photo of applicant;
a.2 Management and breeding plan in accordance with the attached outline;
a.3 Proof of scientific expertise (list and qualifications of manpower);
a.4 Photo of the existing facility (for those converted to wildlife farm) or sketch/development plan of proposed facility;
a.5 In case of indigenous threatened species, letter of commitment to simultaneously undertake conservation breeding and propose measures on rehabilitation and/or protection, where appropriate, as may be determined by the RWMC;
a.6 Certified copy of Land Title or Lease Contract for the facility;
a.7 Financial plan showing financial capability to go into breeding;
a.8 Photocopy of Articles of Incorporation, in case of corporation;
a.9 Prior clearance from the affected communities, i.e. concerned LGUs, recognized head of the indigenous people in accordance with RA 8371, or Protected Area Management Board;
a.10 Copy of BIR registration as exporter, if applicant will engage in export;
a.11 Payment of fees in accordance with section 9 hereof.
5.1.2 Procedures for Processing of WFP:a. The applicant shall submit the following documents or requirements to the nearest PENRO/CENRO/Regional Office concerned. In case the submission is made at the PENRO/CENRO, the documents should be forwarded within a day to the Regional Office.
b. PAWD of the DENR Regional Office concerned shall undertake initial evaluation based on the above requirements including site inspection within five (5) days;
c. Final evaluation of application by the RWMC within fifteen (15) days. PAWD shall be accountable on the result of the evaluation and site inspection.
d. Preparation and approval of WFPs by the RED of the Regional Office concerned within 3 days;
e. Transmittal of approved WFPs to concerned parties within 1 day.
i. For the collection of breeding stock from the wild, applicant shall secure a Wildlife Collector's Permit pursuant to Section 5.2 hereof;
ii. If the breeding stock will be acquired from other sources, documents supporting the acquisition of said wildlife shall be submitted, such as import permit, Certificate of Accreditation and Registration (CAR) or Certificate of Wildlife Registration (CWR), and sales invoice from the legitimate source/s.
5.2 Wildlife Collector's Permit (WCP)/Wildlife Special Use Permit (WSUP)a. The applicant shall submit the following documents to the concerned DENR Regional Office:
a.1 Duly accomplished application form with recent 2" x 2" photo of applicant (ANNEX "A"*);
a.2 List of species to be collected indicating the quantity for each, and methods of collection to be used;
a.3 Prior clearance from the affected communities, i.e. concerned LGUs, recognized Head of Indigenous Cultural Communities (ICC) in accordance with RA 8371, or Protected Area Management Board (PAMB);
a.4 Names and addresses of authorized collectors/trappers;
a.5 Payment of fees in accordance with Section 9 hereof.
b. Upon submission of the above-mentioned documents, inspection of holding facility shall be conducted by technical staff of PAWD of concerned DENR Regional Office, whose related expenses shall be shouldered by the applicant within 5 days;
c. Evaluation of application by the RWMC within 5 days. In case of application for the WSUP, the PAMB shall be part of the review Committee;
d. Preparation and approval of WCPs/WSUPs by the concerned Regional Executive Director upon recommendation of the RWMC within 3 days. In case collection sites covers several Regions, the RED where the greater number of collection site/area coverage shall process and approve the WCPs/WSUPs;
e. Transmittal of approved WCPs/WSUPs to concerned parties within 1 day.
6.1 Animal/plant shows/exhibition using wildlifea. Duly accomplished application form with recent 2 x 2 photo of applicant (Annex "C"*);
b. In case of animal shows using wildlife, clearance from or registration with the Animal Welfare Division of the Bureau of Animal Industry pursuant to Republic Act 8485 (Animal Welfare Act);
c. In case of imported animals, no importation shall be permitted except upon deposit of a bond with PAWB in an amount equal to the transport cost of the animals back to the owner-country or country of origin. Import/re-export permits shall be secured in accordance with Section 8 hereof;
d. Issuance of Wildlife Special Use Permit for Animal/Plant Show by the concerned Regional Executive Director. However, for animals coming from other countries, the PAWB Director shall issue the WSUP;
6.2 Educational/Documentation for commercial purposesa. Duly accomplished application form (Annex "C"*) ;
b. Letter request specifying the species, quantity and areas of collection or area, subject of documentation, as the case maybe;
c. Clearance from the recognized head of Indigenous People in accordance with RA No. 8371 (Indigenous People's Rights Act (IPRA) of 1997), concerned LGUs, or Protected Area Management Board;
d. Issuance of Wildlife Special Use Permit for educational/documentation purposes by the concerned DENR Regional Executive Director;
7.1 Duly accomplished application form (Annex "D"*);
7.2 Inspection/verification of wildlife by the CENRO nearest the place of collection using Inspection Report Form (Annex "E"*)
7.3 Documents supporting the legal possession or acquisition of wildlife;
7.4 Payment of fee in accordance with Section 9 hereof;
7.5 Phytosanitary Certificate (for plants) or Veterinary Quarantine Certificate (for animals) from the concerned DA Office;
7.6 Issuance of local transport permit by the CENRO nearest the place of collection. In case of Metro Manila, the RED NCR shall issue the local transport permit.
8.1 CITES/Non-CITES Export Permita. Duly accomplished application form (Annex "F"*);
b. Inspection of wildlife by the DENR within 3 days;
c. Documents supporting the legal possession or acquisition of wildlife;
d. Bank export declaration, if for commercial purposes;
e. Local Transport Permit, where applicable;
f. Phytosanitary/Veterinary Health Certificate;
g. Payment of fee.
8.2 CITES/Non-CITES Import Permita. Duly accomplished application form (Annex "F"*);
b. Export permit/certification of origin from exporting country;
c. For live specimens, veterinary/phytosanitary certificate issued by the authorized government agency of the country of origin.
d. Payment of fee.
8.3 CITES/Non-CITES Re-export Permita. Duly accomplished application form (Annex "F");
b. Inspection of specimens by the DENR within 3 days;
c. CITES/Non-CITES Import Permit issued by the DENR or other documents supporting legal possession or acquisition of wildlife;
d. Local transport permit, where applicable;
e. Bank export declaration, if for commercial purposes;
f. Phytosanitary/Veterinary Health Certificate
g. Payment of fee.
9.1 Fees A. Application and Processing fees for
1. Gratuitous Permit -
P100.00 2. Wildlife Collector's Permit - P500.00 3. Wildlife Farm Permit - P500.00 B. Inspection fee for export/re-export of wildlife
1. Commercial P300.00 2. Non-commercial P150.00 C. Permit fee 1. Wildlife Farm Permit i. Large Scale P5,000.00 ii. Small Scale P2,500.00 2. Local Transport Permit P 100.00 3. Export/Re-export Permit
i. Commercial (CITES & Non-CITES) a. Fauna and its by-products or derivatives - 3% of export value b. Flora (propagated) P300.00 1st 50 pcs. P2.00/pc. for each additional piece ii. Non-Commercial (1-2 pairs of pet, plants not exceeding 12 pcs.) a. CITES Species P250.00/permit b. Non CITES species P150.00/permit 4. Import (CITES species/non-CITES species) P350.00/permit 5. Re-issuance fee for expired CITES/Non-CITES permit a. CITES permit P250.00/permit b. Non-CITES permit P150.00/permit 6. Certificate of Wildlife Registration fees for the following endemic, indigenous and exotic species: i. Fauna classified as non-threatened species a. 1 - 50 hd. P 500.00 b. 51 and above P1,000.00 ii. Mammals, birds, reptiles and amphibians classified as threatened species No. of Heads Fees 1 - 5 P3,000 6 - 10 P4,000 11 - 20 P5,000 21 - 30 P6,000 31 & above P7,000iii. Other fauna and flora classified as threatened species No. of Heads Fees 1 - 20 P1,000 21 & above P2,0007. Zoo/botanical garden fee P500.00
9.2 CHARGES: a. Collection under Wildlife Collector's Permit/Wildlife Special Use Permit Species Charges Mammals P 500/head Reptiles P300/head Birds Common - P20/head Threatened - P1,000/head Amphibian P20/head Insects e.g. Butterflies/beetles P20/head Orchids Common - P50/pc Threatened - P200/pc Wildlings* P50/pc Other plants P25/pc
* wildlings except when collected by communities for development projects certified by the DENR field office
12.1 At the Community Environment and Natural Resources Office (CENRO):a. Receive applications for deputation and ensure completeness of the documents submitted;
b. Verify and evaluate the qualifications of the applicant based on the supporting documents submitted and endorse the same within three (3) days;
c. Forward to the Office of the Regional Executive Director (RED) thru the Provincial Environment and Natural Resources (PENRO), all processed applications for deputation with the findings and categorical recommendation.
12.2 At the Provincial Environment and Natural Resources Office (PENRO):a. Review all applications submitted by the CENRO; and
b. Indorse all applications to the Office of the Regional Executive Director with categorical recommendations within two (2) days.
12.3 At the Regional Office (Office of the RED)a. The Regional Executive Director concerned shall further review all applications indorsed by the PENRO and act accordingly;
b. The Regional Executive Director shall approve the deputation order of the Wildlife Enforcement Officer for a period of one (1) year which is renewable for the same period, if warranted;
13.1 Basic knowledge on wildlife laws, rules and regulations;
13.2 CITES provisions;
13.3 Wildlife Identification;
13.4 Animal handling;
13.5 Basic training in the preparation of reports, affidavit, sworn statement, seizure and turn-over receipt, inventory report; filing of complaint in court, inspection procedure/safety, surveillance, smuggling techniques, method of concealment, documentation of frauds and detection of falsified or invalid documents;
13.6 Prosecution of wildlife cases.
14.1 When the WEO is found to be ineffective in the implementation of wildlife laws, rules and regulations including the implementation of the CITES provisions based on the performance evaluation as provided for in Section 14 hereof;
14.2 When found to have committed an act or acts in violation of the regulatory functions of the DENR without prejudice to the filing of criminal charges; and,
14.3 When the WEO fails to attend required trainings referred to in Section 14 hereof;