[ DENR ADMINISTRATIVE ORDER NO. 2009-01, January 30, 2009 ]

GUIDELINES IN ESTABLISHING THE WILD FAUNA MARKING AND IDENTIFICATION SYSTEM



Pursuant to the objectives of Republic Act 9147, otherwise known as the Wildlife Resources Conservation and Protection Act of 2001, and its Joint DENR-DA-PCSD Administrative Order No. 01, the Implementing Rules and Regulations of RA 9147, and in compliance to Article VI of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), a wild fauna marking and identification system is hereby established for the information and compliance by all concerned.

SECTION 1. Scope of Application

1.1 The provision of this Order shall apply to:

1.1.1 All parental stock and progenies of threatened endemic and exotic species of birds, mammals and reptiles held in captivity or confined environments such as farms, zoos, aviaries, rescue centers, conservation breeding centers and other establishments breeding and/or maintaining said species on the basis of either or a combination of a Memorandum of Agreement entered into with the DENR, Wildlife Farm Permit, Wildlife Collector ™s Permit, Wildlife Special Use Permit and Gratuitous Permit issued by the DENR;

1.1.2 Private collections duly registered with the DENR under a Certificate of Accreditation and Registration or Certificate of Wildlife Registration;

1.1.3 Wild animals intended for trade, public show such as circus and/or release back to their natural habitat as part of the wild population restoration program; and

1.1.4 Wild fauna by-products such as raw hides or skins; leather goods made of wildlife skin; deadstock and/or framed specimens of butterflies; and, other items made of wild fauna parts for commercial use.

1.2 This Order shall not apply to plants, live invertebrates and amphibians.

SECTION 2. Definition of Terms. As defined under Republic Act No. 9147 and this Order, the following terms shall mean as:

1. Amphibian - refers to any of the various cold-blooded, smooth-skinned vertebrates capable of living on land and in water, such as frogs, toads, salamanders and the like;

2. Avian or Bird - refers to any of the various warm-blooded, egg-laying vertebrates of the class Aves, characterized by feathers and forelimbs modified into wings. This includes jungle fowl, wild ducks and the like;

3. By-product - refers to any part taken from wildlife species such as meat, hides, antlers, feathers, leather, fur, internal organs, bones, scales, scutes, carapace and the like, or deadstock specimens of wildlife in its preserved/stuffed state, including compounds indirectly produced in a bio-chemical process or cycle:

4. CITES - refers to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, a treaty regulating the international trade of fauna and flora listed in its Appendices;

5. Critically endangered species - refers to a species or substances that is facing extremely high risk of extinction in the wild in the immediate future;

6. DA - refers to the Department of Agriculture

7. DENR - refers to the Department of Environment and Natural Resources;

8. Deadstock - refers to preserved adult butterfly specimens;

9. Dye - refers to a mixture of soluble material and suitable liquid preferably used to provide color coding for wildlife;

10. Endemic species - refers to species or substances which is naturally occurring and found only within the specific areas in the country.

11. Exotic species - refers to species or subspecies which does not naturally occur in the country.

12. Identification mark - refers to any indelible imprint, lead seal or other suitable means of identifying a wildlife specimen, designed in such a way as to render its imitation by unauthorized persons as difficult as possible (e.g. microchip, tattoo, leg band, wing band, metal tag, dye, etc);

13. Identification system - refers to a system establishing the authenticity of the wildlife ™s distinctiveness, characteristics and ownership;

14. Invertebrates - refer to the type of animals that do not have backbones or spinal columns, such as worms, insects, spiders and the like;

15. Leg band:

15.a Closed leg band - refers to a metal or hard plastic ring or band in a continuous circle, without any break or join, which has not been tampered with any way, of a size which cannot be removed from the bird when its leg is fully grown after having been applied in the first days of the bird ™s life;

15.b Open leg band - refers to a metal or hard plastic ring or band in a continuous circle, with a break or join worn in either left or right leg of a juvenile or mature bird that was not marked at its early stage of life;

16. Mammal - refers to any of the various warm-blooded vertebrates of the class Mammalia, characterized with hair covering on the skin and milk producing mammary glands (for females), for nourishing the young;

17. Microchip - refers to a wireless electronic device, as small as a grain rice that emits radio signals or radio frequency in alphanumeric or numeric values detected by a scanner;

18. Paint - refers to a combination of pigments with suitable thinners or oils forming a closely adhesive substance spread thinly on the covering of wild fauna (e.g. carapace of semi-aquatic tortoise);

19. Parental Stock - of a breeding operation means the ensemble of the animals in the operation that are used for reproduction;

20. PCSD - refers to the Palawan Council for Sustainable Development;

21. Progenies - refers to the offspring produced in a controlled environment from the parental breeding stock;

22. Reptile - refers to any of the various cold-blooded, air breathing vertebrates of the class Reptilia, such as snakes, lizards, crocodiles, turtles and the like having an external covering of scales or horny plates;

23. Scanner - refers to an electronic device that retrieves the unique identification code of the microchip;

24. Secretary - refers to the Secretary of the Department of Environment and Natural Resources;

25. Tag - a device made of metal, plastic, leather or pliable material bearing significant information for the identification of a specific individual or by product of a specific species of wild fauna. It could be collared around the neck (neck tag) of an animal with elongated neck such as ostrich, emus and the like; attached to the ear lobe (ear tag) of hoofed animals like deer, buffalo and zebra or to the hind flippers or trailing edge of hard-shelled marine turtles, tortoises and land turtles, or simply a label glued on to the wild fauna parts or items with, or made of, wild fauna parts;

26. Tattoo - refers to coded permanent mark made on the skin of animals using a specialized instrument for pricking and staining with an indelible ink or pigment;

27. Threatened species - is a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife which population is a risk of extinction.

28. Wing band - refers to numbered metal clip attached to the wing web of avian/ membrane of mammal species by means of an applicator.

SECTION 3. Types and Uses of Identification Marks. The following marking and identification systems shall be used to properly identify and monitor individuals of birds, mammals and reptiles, including their progenies, to wit:

3.1 Microchips. The microchips are applicable for the markings of mammals, large birds and reptiles with the following minimum requirements:

- The microchip codes should reflect number series corresponding to country code, owner ™s code, specific animal code, and species code;
- The brand of microchips to be used should be ISO compliant;
- The process of implanting the microchip should be handled by a licensed veterinarian in the presence of DENR representative;
- The applicant should not cause any allergic reaction to the wildlife. In case of animal mortality attributed to the microchip itself, the supplier shall be held responsible for such death; and
- The transponder should not be re-used and should be destroyed upon the death of the animals.

3.2 Tattoo. The tattoo is applicable for the marking of small to large mammals with the following minimum requirements:

- The tattoo codes should be specific for every individual per species reflecting specific animal code, source and owner ™s code; and
- The ink for the purpose should be permanent and not cause any allergic reaction to the wildlife.

3.3 Leg Bands. The leg bands are applicable for the marking of avian species with the following minimum requirements:

- The leg bands should be specific for every individual per species reflecting the country ™s code owner ™s code, source and bird number;
- For birds 2-3 weeks of age and for very small birds (e.g. finches), closed leg bands must be used; and
- For juvenile and mature birds, open leg bands may be used.

3.4 Wing Bands. The wing bands are applicable for the marking of avian/mammal species with the minimum requirement:

- Wing band characters should be numerical and should contain a unique series number reflecting the country ™s code, owner ™s code, owner ™s code; source and animal number.

3.5 Dyes and Paints. The dyes and paints are temporary markers and may be applied to any bird, mammal or reptile intended for release. Only non-toxic and non-allergic dyes and paints shall be used for the purpose. Provided further, that prior to the release of subject animal, permanent markings in accordance with this Order shall be used.

3.6 Tags. The Tags are applicable for the marking of stuffed mammals, birds, reptiles and wildlife parts or items with wild fauna parts.

SECTION 4. Guidelines in the Use of Wild Fauna Marking and Identification System

4.1 The marking and identification system for wildlife, without excluding the use of other methods duly approved by the DENR, may adopt the use of microchips bearing permanent, non-programmable, unalterable and permanently unique codes for the identification of live animals. The markings and identification system to be used for each taxon are shown in Annex A;[*]

4.2 The use of coded microchip implants shall be adopted for critically endangered species, particularly those subject to international trade;

4.3 Exportation/re-exportation and/or importation of wildlife shall be subject to the following:

4.3.1 The export of wild fauna specimens are marked in accordance with Section 3 of this Order. The type and identification number must be indicated in the export permit; and

4.3.2 The import and/or re-export of wild fauna specimens shall bear the appropriate marking system established by the country of origin. In the event that the country of origin has no established wildlife marking and identification system yet, the importer must be required to have his/her imported fauna marked/tagged in accordance with Section 3 of this Order; within one (1) month after entry of said fauna into the country.

4.4 The marking/tagging costs shall be the responsibility of the facility owner, permit holder and/or owner of wild fauna;

4.5 All holders of Certificate of Wildlife Registration (CWR) and Wildlife Farm Permits (WFP) who have established their own marking system may continue to use such system until the consummation of their available wildlife identification marks/tags. For this purpose, concerned CWR/WFP holders must submit an inventory of their existing wildlife identification tags/marks to concerned DENR Regional Offices for record and monitoring purposes; and

4.6 PAWB shall identify manufacturers of wild fauna marks/tags based on the quality of their products and legality of their operations as proven by SEC Registration, DTI, Certification and Mayor ™s business permit. The PAWB shall provide the DENR Regional Officers the list of manufacturers of said marks/tags for wild fauna. Regular procurement procedure will be adopted.

SECTION 5. Establishment of Wild Fauna Identification Code System

5.1 The Protected Areas and Wildlife Bureau (PAWB) shall develop the identification coding system and advise DENR Regional Offices of their corresponding codes within three (3) months from the issuance of this Order;

5.2 In the Implementation of this Order, the PAWB and all DENR Regional Offices shall:

5.2.1 ensure that threatened wild fauna species in captivity especially those subject for trade (export, re-export, import) are appropriately marked/tagged based on the provisions of this Order;

5.2.2 prohibit trade in specimens in violation hereof and execute measures against the violators in accordance with Section 7 hereof;

5.2.3 Maintain a registry of wild fauna marked/tagged in their respective areas of jurisdiction;

5.2.4 submit to the Secretary; a) compliance report within six (6) months after the issuance of this Order; b) copy of annual registry of wild fauna marked and tagged; and, c) yearly status reports on the implementation of this Order, including photo-documentation, list of violators and cases filed in Court, if any.

SECTION 6. Incentive Clause. Th e users of the marking and identification system may avail of the incentive such as technical assistance from the DENR on matters pertaining to management of wild fauna species in their possession; recognition and acknowledgement by the DENR as legitimate sources of captive-bred wild fauna among others. Their compliance to the provisions of this Order shall be promoted in the Information, Education and Communication campaign materials of the DENR and serve as one of the bases in the renewal of the permit/s issued by the DENR.

SECTION 7. Sanctions. Violation of the provisions of this Order shall result to non-issuance of permits for trade purposes and/or suspension or revocation of the Certificate of Wildlife Registration, Wildlife Farm Permit, Wildlife Collectors Permit, Wildlife Special Use Permit or Gratuitous Permit, as the case may be, issued by the DENR, after due process without prejudice to the application of other measures, as may be appropriate and applicable as provided for under existing laws, rules and regulations. All abandoned wild fauna shall be retrieved and placed in the nearest DENR rescue centers.

SECTION 8. Repealing Clause. All orders, circulars and issuances which are inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 9. Separability Clause. If any part of this Order is declared unconstitutional or otherwise defective on any ground, the remaining parts not affected thereby shall remain valid and effective.

SECTION 10. Effectivity. This Order shall take effect fifteen (15) days after publication in a newspaper of national circulation and upon acknowledgement of a copy thereof by the Office of the National Administrative Register (ONAR).

Adopted: 30 Jan. 2009

(SGD.) JOSE L. ATIENZA, JR.
Secretary



[*] Text Available at Office of the National Administrative Register, U. P. Law Complex, Diliman, Quezon City