Natrel Reviewer 1
Natrel Reviewer 1
Natrel Reviewer 1
7586 opportunities for public enjoyment through the recreation and tourism within the
AN ACT PROVIDING FOR THE ESTABLISHMENT AND MANAGEMENT OF NATIONAL normal lifestyle and economic activity of these areas;
INTEGRATED PROTECTED AREAS SYSTEM, DEFINING ITS SCOPE AND COVERAGE,
AND FOR OTHER PURPOSES "Protected Area"
“NIPAS ACT” refers to identified portions of land and water set aside by reason of their
"National Integrated Protected Areas System (NIPAS)" unique physical and biological significance, managed to enhance biological diversity
the classification and administration of all designated protected areas to and protected against destructive human exploitation;
maintain essential ecological processes and life-support systems, to preserve genetic
diversity, to ensure sustainable use of resources found therein, and to maintain their "Buffer zones"
natural conditions to the greatest extent possible; Areas outside the boundaries of and immediately adjacent to designated
protected areas pursuant to Section 8 that need special development control in
CATEGORIES order to avoid or minimize harm to the protected area;
1. "Natural monuments" is a relatively small area focused on protection of small For each protected area, there shall be established peripheral buffer zones
features to protect or preserve nationally significant natural features on account of when necessary, in the same manner as Congress establishes the protected
their special interest or unique characteristics; area, to protect the same from activities that will directly and indirectly harm it.
Such buffer zones shall be included in the individual protected area
2. "Natural biotic area" is an area set aside to allow the way of life of societies living management plan that shall prepared for each protected area. The DENR shall
in harmony with the environment to adapt to modern technology at their pace; exercise its authority over protected areas as provided in this Act on such area
and designated as buffer zones.
3. "Natural park" is a relatively large area not materially altered by human activity
where extractive resource uses are not allowed and maintained to protect "Indigenous cultural community"
outstanding natural and scenic areas of national or international significance for refers to a group of people sharing common bonds of language, customs,
scientific, educational and recreational use; traditions and other distinctive cultural traits and who have since time immemorial,
occupied, possessed and utilized a territory;
4. "Resource reserve" is an extensive and relatively isolated and uninhabited area "Protected landscapes/seascapes" are areas of national significance which are
normally with difficult access designated as such to protect natural resources of the characterized by the harmonious interaction of man and land while providing
area for future use and prevent or contain development activities that could affect opportunities for public enjoyment through the recreation and tourism within the
the resource pending the establishment of objectives which are based upon normal lifestyle and economic activity of these areas;
appropriate knowledge and planning;
"Tenured migrant communities"
5. "Strict nature reserve" is an area possessing some outstanding ecosystem, are communities within protected areas which have actually and continuously
features and/or species of flora and fauna of national scientific importance occupied such areas for five (5) years before the designation of the same as protected
maintained to protect nature and maintain processes in an undisturbed state in order areas in accordance with this Act and are solely dependent therein for subsistence;
to have ecologically representative examples of the natural environment available for and
scientific study, environmental monitoring, education, and for the maintenance of
genetic resources in a dynamic and evolutionary state; "National park" refers to a forest reservation essentially of natural wilderness
character which has been withdrawn from settlement, occupancy or any form of
6. "Wildlife sanctuary" comprises an area which assures the natural conditions exploitation except in conformity with approved management plan and set aside as
necessary to protect nationally significant species, groups of species, biotic such exclusively to conserve the area or preserve the scenery, the natural and historic
communities or physical features of the environment where these may require objects, wild animals and plants therein and to provide enjoyment of these features
specific human manipulations for their perpetuation. in such areas;
Prohibited Acts. – Except as may be allowed by the nature of their categories and
pursuant to rules and regulations governing the same, the following acts are
prohibited within protected areas:
a. Hunting, destroying, disturbing, or mere possession of any plants or animals
or products derived therefrom without a permit from the Management Board;
b. Dumping of any waste products detrimental to the protected area, or to the
plants and animals or inhabitants therein;
c. Use of any motorized equipment without a permit from the Management
Board;
d. Mutilating, defacing or destroying objects of natural beauty, or objects of
interest to cultural communities (of scenic value);
e. Damaging and leaving roads and trails in a damaged condition;
f. Squatting, mineral locating, or otherwise occupying any land;
g. Constructing or maintaining any kind of structure, fence or enclosures,
conducting any business enterprise without a permit;
h. Leaving in exposed or unsanitary conditions refuse or debris, or depositing in
ground or in bodies of water; and
i. Altering, removing destroying or defacing boundary marks or signs.
Penalties. – Whoever violates this Act or any rules and regulations issued by the
Department pursuant to this Act or whoever is found guilty by a competent court of
REPUBLIC ACT NO. 9147 4. Local transport of wildlife, by-products and derivatives (Section 10, RA 9147)
July 30, 2001 shall be authorized unless prejudicial to the wildlife or public health
AN ACT PROVIDING FOR THE CONSERVATION AND PROTECTION OF WILDLIFE
RESOURCES AND THEIR HABITATS, APPROPRIATING FUNDS THEREFOR AND FOR 5. Exportation and/or importation of wildlife (Section 11, RA 9147)
OTHER PURPOSES strict compliance with the act and regulations
recipient of wildlife is technically and financially capable to maintain it
“WILDLIFE CONSERVATION ACT”
6. Introduction, reintroduction or restocking of endemic or indigenous wildlife
Regulating agencies and their jurisdiction shall be allowed only for population enhancement or recovery purposes
1. The Department of Environment and Natural Resources (DENR) shall have shall be subject to scientific study
jurisdiction over all terrestrial plant and animal species, all turtles and tortoises and public consultations with concerned individuals or entities
wetland species, including but not limited to crocodiles, waterbirds and all "Introduction" means bringing species into the wild that is outside its
amphibians and dugong. natural habitat;
2. The Department of Agriculture (DA) shall have jurisdiction over all declared
aquatic critical habitats, all aquatic resources including but not limited to all fishes, 7. Introduction of exotic wildlife (Section 13, RA 9147)
aquatic plants, invertebrates and all marine mammals, except dugong. The not allowed in protected areas and critical habitats
secretaries of the DENR and the DA shall review, and by joint administrative order, other areas – clearance from the Secretary/authorized representative
revise and regularly update the list of species under their respective jurisdiction. environmental impact study ; prior informed consent of local stakeholders
3. In the Province of Palawan, jurisdiction herein conferred is vested to the Palawan
Council for Sustainable Development pursuant to Republic Act No. 7611. 8. Bioprospecting
Means the research, collection and utilization of biological and genetic
Definition of Terms resources for purposes of applying the knowledge derived there from solely for
"Wildlife" means wild forms and varieties of flora and fauna, in all developmental commercial purposes;
stages, including those which are in captivity or are being bred or propagated;
WHEN ALLOWED:
REGULATED ACTIVITIES upon execution of an undertaking by any proponent, stipulating therein its
1. Collection of wildlife (Section 7, RA 9147) compliance with and commitment(s) to reasonable terms and conditions that
should be in accordance with Section 6, RA 9147 - may be imposed by the Secretary which are necessary to protect biological
should use appropriate and acceptable wildlife collection techniques with least diversity.
or no detrimental effects to the existing wildlife population and their habitats The Secretary or the authorized representative, shall require that prior informed
collection by indigenous people may be allowed for traditional use and not consent be obtained by the applicant from the concerned indigenous cultural
primarily for trade. "Traditional use" means utilization of wildlife by indigenous communities, local communities, management board under Republic Act No.
people in accordance with written or unwritten rules, usage, customs and 7586 or private individual or entity.
practices traditionally observed, accepted and recognized by them; The applicant shall disclose fully the intent and scope of the bioprospecting
shall not cover threatened species activity in a language and process understandable to the community. The prior
informed consent from the indigenous peoples shall be obtained in accordance
2. Possession of wildlife with existing laws. The action on the bioprospecting proposal by concerned
person and entity to prove financial and technical capability and facility to bodies shall be made within a reasonable period. Upon submission of the
maintain wildlife - complete requirements, the Secretary shall act on the research proposal within
source was not obtained in violation of the act a reasonable period.
If the applicant is a foreign entity or individual, a local institution should be
3. Collection and/or possession of byproducts and derivatives (Section 9, RA 9147) - actively involved in the research, collection and, whenever applicable and
source was not obtained in violation of the act appropriate in the technological development of the products derived from the
biological and genetic resources.
9. Scientific researches on wildlife (Section 15, RA 9147) utilization for commercial purpose;
undertaking/agreement Endangered species
gratuitous permit refers to species or subspecies that is not critically endangered but whose
prior informed consent If foreign survival in the wild is unlikely if the causal factors continue operating;
active involvement of local institution Endemic species
Means species or subspecies which is naturally occurring and found only within
10. Bio-safety specific areas in the country;
all activities dealing with genetic engineering and pathogenic organisms Exotic species
activities requiring the importation, introduction, field release and breeding of means species or subspecies which do not naturally occur in the country;
organisms that are potentially harmful to man and environment (Section 16, RA 9147) Threatened species
shall be reviewed in accordance with the bio-safety guidelines ensuring public a general term to denote species or subspecies considered as critically
welfare and the protection and conservation of wildlife and their habitats endangered, endangered, vulnerable or other accepted categories of wildlife whose
population is at risk of extinction;
11. Commercial breeding or propagation of wildlife resources (Section 17, RA 9147) Vulnerable species
wildlife farm/culture permit - environmental impact study refers to species or subspecies that is not critically endangered nor endangered but is
under threat from adverse factors throughout their range and is likely to move to the
12. Registration of Threatened and Exotic Wildlife in the Possession of Private endangered category in the near future;
Persons.
No person or entity shall be allowed possession of wildlife unless such person or Permits
entity can prove financial and technical capability and facility to maintain said Authority of the Secretary to Issue Permits. - The Secretary or the duly authorized
wildlife. representative, in order to effectively implement this Act, shall issue
When the threatened species is needed for breeding/propagation or research permits/certifications/clearances with corresponding period of validity, whenever
purposes, the State may acquire the wildlife through a mutually acceptable appropriate, which shall include but not limited to the following:
arrangement.
threatened wildlife possessed without certificate of registration shall be
(1) Wildlife farm or culture permit 3 to 5 years;
confiscated in favor of the government, subject to the penalties herein provided.
All Philippine wildlife which are not listed as threatened prior to the effectivity of (2) Wildlife collector's permit 1 to 3 years;
this Act but which may later become so, shall likewise be registered during the
period set after the publication of the updated list of threatened species. (3) Gratuitous permit 1 year;
13.
(4) Local transport permit 1 to 3 months; and
"Captive-breeding/culture or propagation" means the process of producing
individuals under controlled conditions or with human interventions; (5) Export/Import/Reexport permit 1 to 6 months.
"Conservation" means preservation and sustainable utilization of wildlife, and/or
maintenance, restoration and enhancement of the habitat"Indigenous wildlife" These permits may be renewed subject to the guidelines issued by the appropriate
means species or subspecies of wildlife naturally occurring or has naturally agency and upon consultation with concerned groups.
established population in the country;
SPECIES
Critically endangered species
refers to a species or subspecies that is facing extremely high risk of extinction in
the wild in the immediate future;
Economically important species 1. "Export permit"
means species or subspecies which have actual or potential value in trade or
refers to a permit authorizing an individual to bring out wildlife from the (iv) burning;
Philippines to any other country; (v) logging; and
2. "Gratuitous permit" (vi) quarrying
means permit issued to any individual or entity engaged in noncommercial (d) introduction, reintroduction or restocking of wildlife resources;
scientific, or educational undertaking to collect wildlife; (e) trading of wildlife;
3. "Import permit" (f) collecting, hunting or possessing wildlife, their by-products and derivatives;
refers to a permit authorizing an individual to bring in wildlife from another **"Collection or collecting" means the act of gathering or harvesting wildlife, its
country; by-products or derivatives;
4. "Reexport permit" (g) gathering or destroying of active nests, nest trees, host plants and the like;
refers to a permit authorizing an individual to bring out of the country a (h) maltreating and/or inflicting other injuries not covered by the preceding
previous imported wildlife;"Trade" means the act of engaging in the paragraph; and
exchange, exportation or importation, purchase or sale of wildlife, their (i) transporting of wildlife.
derivatives or by-products, locally or internationally;
5. "Transport permit"
means a permit issued authorizing an individual to bring wildlife from one
place to another within the territorial jurisdiction of the Philippines;
6. "Wildlife collector's permit"
means a permit to take or collect from the wild certain species and
quantities of wildlife for commercial purposes; and
7. "Wildlife farm/culture permit"
means a permit to develop, operate and maintain a wildlife breeding farm
for conservation, trade and/or scientific purposes.
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;