[ DENR ADMINISTRATIVE ORDER NO. 2004-55, August 31, 2004 ]
DENR STREAMLINING/PROCEDURAL GUIDELINES PURSUANT TO THE JOINT DENR-DA-PCSD IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9147 OTHERWISE KNOWN AS "WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT"
Pursuant to the provisions of the Joint DENR-DA-PCSD Administrative Order No. 01 Series of 2004, this Administrative Order is hereby promulgated for the guidance of all concerned.
Chapter I
Jurisdiction and Scope of Application
SECTION 1. Jurisdiction and Scope of Application - The provisions of this Order shall be enforceable for all terrestrial wildlife (plants and animals); amphibians; dugong; crocodile; all turtles and tortoises, waterbirds; and, other wetland species pursuant to Joint DENR-DA-PCSD Administrative Order No. 01, series of 2004 and captive-bred/propagated progenies of said wildlife, 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. Further, this Order shall apply to exotic species of the aforementioned wildlife that have been introduced in the country by whatever means, which are subject to trade, are maintained or bred in captivity or propagated in the country. Species listed under the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) shall also be governed by this Order.
Chapter II
Definition of Terms
SECTION 2. Definition of Terms - For purposes of this Order, the following terms shall be construed as follows:
Chapter III
Conservation and Protection of Wildlife Resources
SECTION 3. National and Regional Wildlife Management Committee - A National Wildlife Management Committee (NWMC) created pursuant to the Rules under Section 6 of the Joint DENR-DA-PCSD Administrative Order No. 01 Series of 2004 shall provide technical assistance and scientific advice to the DENR for species under its jurisdiction. The NWMC shall be composed to PAWB as Chairperson, representative from EMB, FMB and other concerned government agencies, and local scientists with expertise on various fields of discipline on wildlife, such as but not limited to flora, terrestrial vertebrates and invertebrates, social science, economics and veterinary medicine. Stakeholders may be invited as resource persons when necessary.
A Regional Wildlife Management Committee (RWMC) shall likewise be created by the DENR REDs in accordance with the preceding paragraph. The DENR Regional Technical Directors (RTDs) for Protected Area Wildlife and Coastal Zone Management Service (PAWCZMS) shall chair the Committee while the PAWD shall act as Secretariat of the Committee.
SECTION 4. Scientific Researchers on Wildlife - Scientific researches on wildlife shall be allowed upon execution of the following modes or mechanisms: an Affidavit of Undertaking (AU) by the applicant or a Memorandum of Agreement (MOA) with the DENR and issuance of a Gratuitous Permit (GP) by the PAWB Director or the Regional Executive Director of the DENR Regional Office concerned.
4.1 The following are the requirements for the conduct of scientific researches:
SECTION 5. Commercial Breeding or Propagation of Wildlife - The following are the procedures and requirements for the issuance of Wildlife Farm Permit (WFP), Wildlife Collector's Permit (WCP) and Wildlife Special Use Permit (WSUP) for the commercial breeding or propagation of wildlife, these permits will have a validity of five (5) years or when the project is terminated, and renewable for the same duration. The WSUP is subject to the approved list of economically important species and its rules and regulations for specific species:
SECTION 6. Other Uses of Wildlife - Wildlife may be utilized for shows or exhibitions, educational and documentation for commercial purposes after compliance with the following requirements and procedures:
SECTION 7. Local Transport of Wildlife, By-products and Derivatives - The following are the requirements for the issuance of a Local Transport Permit:
SECTION 8. Exportation and Importation of Wildlife - The exportation and importation of wildlife, its by-products and derivatives acquired from legal sources shall be allowed upon prior issuance of an export or import permit by the DENR in accordance with the requirements hereof. For re-exportation of wildlife, re-export permit shall be issued for specimens either covered by an import permit by the DENR or other proofs of acquisition from legal sources.
For species listed under the Appendices of CITES, a CITES Export/Import/Re-export Permit shall be issued by PAWB. For non-CITES specimens, prior grant of Non-CITES Export/Import/Re-export Permit shall be issued by the RED within International Airports where the wildlife specimens will exit/enter. These permits shall be issued anytime, whenever needed, and shall have a validity period of not more than six (6) months, depending upon the requirements of the shipment as determined by the DENR.
The following are the requirements for the issuance of CITES or non-CITES Export/Re-export/Import Permits:
The streamlining/procedures for different wildlife permits and affidavit of undertaking are shown in the corresponding flowcharts, as attached in Annexes M, N, O, P and Q.
SECTION 9. Schedule of Fees and Charges - The following rates of fees and charges on wildlife shall be collected:
All conservation projects being implemented by the Philippine Government Agency/Office or entity are exempted from payment of charges/fees provided in this Order.
Chapter IV
Miscellaneous Provisions
SECTION 10. Wildlife Management Fund - A Wildlife Management Fund for the DENR shall be created pursuant to the Rules under Section 29 of the Joint DENR-DA-PCSD Administrative Order No. 01, series of 2004. The DENR Regional Offices and PAWB shall administer their respective Funds. For this purpose, the Secretary shall create special bodies within PAWB and the DENR Regional Offices to decide on fund allocation and disbursement system subject to existing accounting and auditing rules and regulations.
Special Collecting Officers shall be designated in the Regional Offices and PAWB to take charge of all incomes that will accrue to the Fund. These Collecting Officers shall submit periodically a statement of the amount collected to the RED or PAWB Director, as the case may be.
SECTION 11. Wildlife Enforcement Officers (WEO) - Wildlife Enforcement Officers shall be deputized by the concerned DENR Regional Executive Director (RED) pursuant to the Rules under Section 30 of the Joint DENR-DA-PCSD Administrative Order No. 01 Series of 2004. The deputation shall follow the requirements and procedures under Sections 13, 14, and 15 hereof.
Wildlife Enforcement Officers could also be designated by the law enforcement agency concerned. For this purpose, the Secretary or the RED concerned shall coordinate with the head of the law enforcement agency concerned for the designation of Wildlife Enforcement Officers. They shall provide the RED with the list of their designated WEO. The RED and the law enforcement agency concerned may enter into a MOA or MOU for the conduct of training and joint evaluation of performance of the WEOs.
SECTION 12. Processing and Approval of the Deputation Orders - The following procedures shall be observed in the processing of applications for deputation:
SECTION 13. Orientation and Training - The DENR shall conduct the orientation of Wildlife Enforcement Officer (WEO) immediately prior to assumption of duty to ensure that they will effectively perform their functions as such. The orientation shall be conducted at the CENRO level in coordination with the Human Resources Development Sector of the concerned Regional Office.
The specific functions and responsibilities of the WEO shall be defined by the DENR.
The DENR thru the HRDS shall conduct initial trainors training for the Regional Offices on the first year of implementation of this Order. The Regional Offices shall conduct training for the proposed WEOs.
The orientation shall consist of, but not limited to, the following:
The Deputation Order indicating the area of assignment, duties and responsibilities, among other things, and the corresponding identification card shall be given after the WEO shall have attended the orientation.
To update the WEOs on the latest wildlife policies including CITES provisions to be implemented, training shall be undertaken as often as may be necessary within the regional level.
WEO whose deputation orders are still valid must participate in scheduled trainings. Failure to attend such trainings will be a ground for the revocation of their deputation unless justified by non-existence of training within their area of assignment.
SECTION 14. Revocation/Termination of the Deputation Order. The Deputation Order of WEO may be revoked by the approving authority on any of the following grounds:
SECTION 15. Revocation/Termination of the Designation Order - The Designation Order of WEO from law enforcement agencies shall be terminated upon cessation of their service in their respective agencies.
SECTION 16. Performance Evaluation of WEO - The performance and compliance of the WEO deputized by the DENR with the provisions of this Order shall be evaluated by the Community Environment and Natural Resources Officer using the criteria and evaluation form to be prescribed by the Undersecretary for Field Operations within two months prior to renewal.
SECTION 17. Renewal of Deputation Order - Duly accomplished performance evaluation form for WEO shall be the sole basis for renewal.
Recommendations for renewal of Deputation Order for WEO with satisfactory or better rating shall be forwarded by the PENRO concerned to the RED who is hereby authorized to approve such renewal for one (1) year.
SECTION 18. WEO Desk - A Special desk for WEO within each Regional Office shall be created/designated to supervise the operations of WEOs within its jurisdiction.
Monthly reports on the activities and accomplishments of WEOs and reports on deputation order issued shall be submitted to the Office of the Undersecretary for Field Operations and Undersecretary for Policy and Planning or concerned Undersecretary, copy furnished the Director of PAWB.
Chapter V
General Provisions
SECTION 19. Funding - DENR shall propose and allocate funds under the General Appropriations Act for the implementation of this Order.
SECTION 20. Amendment - This Order may be amended wholly or in part by the Secretary.
SECTION 21. Separability Clause - The provisions of this Order are hereby declared to be separable, and in the event that one or more provisions are declared unconstitutional, the validity of other provisions shall not be affected thereby.
SECTION 22. Repealing Clause - All orders, circulars, memoranda and other issuances inconsistent herewith are hereby repealed and/or amended accordingly.
SECTION 23. Effectivity - This Order shall take effect fifteen (15) days after publication in a newspaper of national circulation and acknowledgement by the Office of the National Administrative Register (ONAR).
Adopted: 31 Aug. 2004
(SGD.) ELISEA G. GOZUN
Secretary
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
Jurisdiction and Scope of Application
SECTION 1. Jurisdiction and Scope of Application - The provisions of this Order shall be enforceable for all terrestrial wildlife (plants and animals); amphibians; dugong; crocodile; all turtles and tortoises, waterbirds; and, other wetland species pursuant to Joint DENR-DA-PCSD Administrative Order No. 01, series of 2004 and captive-bred/propagated progenies of said wildlife, 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. Further, this Order shall apply to exotic species of the aforementioned wildlife that have been introduced in the country by whatever means, which are subject to trade, are maintained or bred in captivity or propagated in the country. Species listed under the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) shall also be governed by this Order.
Definition of Terms
SECTION 2. Definition of Terms - For purposes of this Order, the following terms shall be construed as follows:
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;
Conservation and Protection of Wildlife Resources
SECTION 3. National and Regional Wildlife Management Committee - A National Wildlife Management Committee (NWMC) created pursuant to the Rules under Section 6 of the Joint DENR-DA-PCSD Administrative Order No. 01 Series of 2004 shall provide technical assistance and scientific advice to the DENR for species under its jurisdiction. The NWMC shall be composed to PAWB as Chairperson, representative from EMB, FMB and other concerned government agencies, and local scientists with expertise on various fields of discipline on wildlife, such as but not limited to flora, terrestrial vertebrates and invertebrates, social science, economics and veterinary medicine. Stakeholders may be invited as resource persons when necessary.
A Regional Wildlife Management Committee (RWMC) shall likewise be created by the DENR REDs in accordance with the preceding paragraph. The DENR Regional Technical Directors (RTDs) for Protected Area Wildlife and Coastal Zone Management Service (PAWCZMS) shall chair the Committee while the PAWD shall act as Secretariat of the Committee.
SECTION 4. Scientific Researchers on Wildlife - Scientific researches on wildlife shall be allowed upon execution of the following modes or mechanisms: an Affidavit of Undertaking (AU) by the applicant or a Memorandum of Agreement (MOA) with the DENR and issuance of a Gratuitous Permit (GP) by the PAWB Director or the Regional Executive Director of the DENR Regional Office concerned.
4.1 The following are the requirements for the conduct of scientific researches:
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.
SECTION 5. Commercial Breeding or Propagation of Wildlife - The following are the procedures and requirements for the issuance of Wildlife Farm Permit (WFP), Wildlife Collector's Permit (WCP) and Wildlife Special Use Permit (WSUP) for the commercial breeding or propagation of wildlife, these permits will have a validity of five (5) years or when the project is terminated, and renewable for the same duration. The WSUP is subject to the approved list of economically important species and its rules and regulations for specific species:
5.1 Wildlife Farm Permit (WFP)
5.1.1 Requirements
a. 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.
SECTION 6. Other Uses of Wildlife - Wildlife may be utilized for shows or exhibitions, educational and documentation for commercial purposes after compliance with the following requirements and procedures:
6.1 Animal/plant shows/exhibition using wildlife
a. 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 purposes
a. 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;
SECTION 7. Local Transport of Wildlife, By-products and Derivatives - The following are the requirements for the issuance of a Local Transport Permit:
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.
SECTION 8. Exportation and Importation of Wildlife - The exportation and importation of wildlife, its by-products and derivatives acquired from legal sources shall be allowed upon prior issuance of an export or import permit by the DENR in accordance with the requirements hereof. For re-exportation of wildlife, re-export permit shall be issued for specimens either covered by an import permit by the DENR or other proofs of acquisition from legal sources.
For species listed under the Appendices of CITES, a CITES Export/Import/Re-export Permit shall be issued by PAWB. For non-CITES specimens, prior grant of Non-CITES Export/Import/Re-export Permit shall be issued by the RED within International Airports where the wildlife specimens will exit/enter. These permits shall be issued anytime, whenever needed, and shall have a validity period of not more than six (6) months, depending upon the requirements of the shipment as determined by the DENR.
The following are the requirements for the issuance of CITES or non-CITES Export/Re-export/Import Permits:
8.1 CITES/Non-CITES Export Permit
a. 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 Permit
a. 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 Permit
a. 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.
The streamlining/procedures for different wildlife permits and affidavit of undertaking are shown in the corresponding flowcharts, as attached in Annexes M, N, O, P and Q.
SECTION 9. Schedule of Fees and Charges - The following rates of fees and charges on wildlife shall be collected:
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 iii. Other fauna and flora classified as threatened species 7. 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
All conservation projects being implemented by the Philippine Government Agency/Office or entity are exempted from payment of charges/fees provided in this Order.
Miscellaneous Provisions
SECTION 10. Wildlife Management Fund - A Wildlife Management Fund for the DENR shall be created pursuant to the Rules under Section 29 of the Joint DENR-DA-PCSD Administrative Order No. 01, series of 2004. The DENR Regional Offices and PAWB shall administer their respective Funds. For this purpose, the Secretary shall create special bodies within PAWB and the DENR Regional Offices to decide on fund allocation and disbursement system subject to existing accounting and auditing rules and regulations.
Special Collecting Officers shall be designated in the Regional Offices and PAWB to take charge of all incomes that will accrue to the Fund. These Collecting Officers shall submit periodically a statement of the amount collected to the RED or PAWB Director, as the case may be.
SECTION 11. Wildlife Enforcement Officers (WEO) - Wildlife Enforcement Officers shall be deputized by the concerned DENR Regional Executive Director (RED) pursuant to the Rules under Section 30 of the Joint DENR-DA-PCSD Administrative Order No. 01 Series of 2004. The deputation shall follow the requirements and procedures under Sections 13, 14, and 15 hereof.
Wildlife Enforcement Officers could also be designated by the law enforcement agency concerned. For this purpose, the Secretary or the RED concerned shall coordinate with the head of the law enforcement agency concerned for the designation of Wildlife Enforcement Officers. They shall provide the RED with the list of their designated WEO. The RED and the law enforcement agency concerned may enter into a MOA or MOU for the conduct of training and joint evaluation of performance of the WEOs.
SECTION 12. Processing and Approval of the Deputation Orders - The following procedures shall be observed in the processing of applications for deputation:
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;
SECTION 13. Orientation and Training - The DENR shall conduct the orientation of Wildlife Enforcement Officer (WEO) immediately prior to assumption of duty to ensure that they will effectively perform their functions as such. The orientation shall be conducted at the CENRO level in coordination with the Human Resources Development Sector of the concerned Regional Office.
The specific functions and responsibilities of the WEO shall be defined by the DENR.
The DENR thru the HRDS shall conduct initial trainors training for the Regional Offices on the first year of implementation of this Order. The Regional Offices shall conduct training for the proposed WEOs.
The orientation shall consist of, but not limited to, the following:
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.
The Deputation Order indicating the area of assignment, duties and responsibilities, among other things, and the corresponding identification card shall be given after the WEO shall have attended the orientation.
To update the WEOs on the latest wildlife policies including CITES provisions to be implemented, training shall be undertaken as often as may be necessary within the regional level.
WEO whose deputation orders are still valid must participate in scheduled trainings. Failure to attend such trainings will be a ground for the revocation of their deputation unless justified by non-existence of training within their area of assignment.
SECTION 14. Revocation/Termination of the Deputation Order. The Deputation Order of WEO may be revoked by the approving authority on any of the following grounds:
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;
SECTION 15. Revocation/Termination of the Designation Order - The Designation Order of WEO from law enforcement agencies shall be terminated upon cessation of their service in their respective agencies.
SECTION 16. Performance Evaluation of WEO - The performance and compliance of the WEO deputized by the DENR with the provisions of this Order shall be evaluated by the Community Environment and Natural Resources Officer using the criteria and evaluation form to be prescribed by the Undersecretary for Field Operations within two months prior to renewal.
SECTION 17. Renewal of Deputation Order - Duly accomplished performance evaluation form for WEO shall be the sole basis for renewal.
Recommendations for renewal of Deputation Order for WEO with satisfactory or better rating shall be forwarded by the PENRO concerned to the RED who is hereby authorized to approve such renewal for one (1) year.
SECTION 18. WEO Desk - A Special desk for WEO within each Regional Office shall be created/designated to supervise the operations of WEOs within its jurisdiction.
Monthly reports on the activities and accomplishments of WEOs and reports on deputation order issued shall be submitted to the Office of the Undersecretary for Field Operations and Undersecretary for Policy and Planning or concerned Undersecretary, copy furnished the Director of PAWB.
General Provisions
SECTION 19. Funding - DENR shall propose and allocate funds under the General Appropriations Act for the implementation of this Order.
SECTION 20. Amendment - This Order may be amended wholly or in part by the Secretary.
SECTION 21. Separability Clause - The provisions of this Order are hereby declared to be separable, and in the event that one or more provisions are declared unconstitutional, the validity of other provisions shall not be affected thereby.
SECTION 22. Repealing Clause - All orders, circulars, memoranda and other issuances inconsistent herewith are hereby repealed and/or amended accordingly.
SECTION 23. Effectivity - This Order shall take effect fifteen (15) days after publication in a newspaper of national circulation and acknowledgement by the Office of the National Administrative Register (ONAR).
Adopted: 31 Aug. 2004
Secretary
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.
* Text Available at the Office of the National Administrative Register, U.P. Law Complex, Diliman, Quezon City.