Home > Resolutions > Wildlife > PCSD Resolution 07-332

"A RESOLUTION ESTABLISHING THE IMPLEMENTING GUIDELINES FOR THE REGISTRATION OF TERRESTRIAL AND AQUATIC FLORA AND FAUNA IN THE POSSESSION OF PRIVATE ENTITIES/INDIVIDUALS AND GOVERNMENT AGENCIES PURSUANT TO R.A. 9147, OTHERWISE KNOWN AS THE "WILDLIFE CONSERVATION AND PROTECTION ACT"

WHEREAS, on July 30, 2001 Republic Act No. 9147, otherwise known as the "Wildlife Conservation and Protection Act" was approved to carry out the national policy of conserving the country's wildlife resources and their habitats for sustainability;

WHEREAS, Section 3 thereof indicates that the Act shall be enforceable for all wildlife species found in all areas of the country. Further, Section 5 of the same Act defines "Wildlife" as wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated;

WHEREAS, Section 4 of the same Act provides for the jurisdiction of the Department of Environment and Natural Resources (DENR) and Department of Agriculture (DA) in the nationwide implementation of this Act and in the province of Palawan, the jurisdiction was conferred to the PCSD pursuant to RA 7611;

WHEREAS, Section 26 of RA 9147 stipulates that the registration of threatened and exotic wildlife in the possession of private individuals or entities shall be enforced. Further, it states that the possessor of said wildlife shall be issued a Certificate of Wildlife Registration (CWR) for the purpose, provided such person or entity can prove financial and technical capability and has the facility to maintain said wildlife;

WHEREAS, Rule 26.5 of the aforementioned Section of the Joint DA-DENR-PCSD Implementing Rules and Regulations of RA 9147 indicates that for monitoring and record purposes and to facilitate management of non-threatened species that have the tendency to become threatened due to over-collection, predation, destruction of habitat or other similar causes, non-threatened wild fauna being maintained in captivity by individuals and entities shall likewise be registered;

WHEREAS, on December 17, 2004, the PCSD adopted the DAO 2004-55 {Procedural Guidelines Pursuant to the Joint DENR-DA-PCSD IRR of RA 9147) and DAO 2004-62 {Prescribing Fees and Other Guidelines Pertaining to the Registration of Threatened, Non-Threatened and Exotic Faunal Species Under the Jurisdiction of the DENR) as contained in PCSD Resolution No. 04-243;

WHEREAS, the registration of terrestrial wildlife fauna was conducted on March 22, 2005 to April 22, 2005, the registration period declared by the Council as reflected in PCSD Resolution No. 05-245;

WHEREAS, the aforementioned registration resulted to only 2, 1, 5 and 90 individuals who filed an application for registration of their possessed wildlife fauna found in the Northern, Calamianes, Southern and Central District Management Offices (DMOs) of the PCSD, respectively, because most of the owner who did not apply claimed that they could not afford to pay for the registration and other fees as required and imposed by the PCSD;

WHEREAS, the PCSD Staff found it necessary to set another registration period as the above registration results do not serve the purpose of managing, conserving and protecting all wildlife resources in captivity. Further, the database that would reflect the actual persons who possess wildlife including the kind and number of species could not be established;

WHEREAS, the herein guidelines were presented to the ENR Committee in its regular meeting on November 13, 2006 which recommended for the review of a Technical Working Group (TWG);

WHEREAS, a TWG was created composed of technical persons from the Palawan State University, DENR-PENRO-Protected Area and Wildlife Section, BFAR-Provincial Fishery Office and PCSDS; the same group had a meeting and reviewed the herein guidelines on 4 December 2006;

NOW THEREFORE, for and in consideration of the foregoing premises and on motion duly seconded, the Council resolves, as it is hereby RESOLVED, to adopt, as it is hereby ADOPTED, the subsequent guidelines for the registration/inventory of terrestrial and wildlife flora and fauna including exotic species and make these an integral part of this resolution, as follows:

SECTION 1. Policy and Objectives. All threatened and non-threatened wildlife (flora and fauna) collected and exotic species imported shall be registered with the PCSDS to ensure and encourage the sustainable utilization of these resources, thereby, conserving, managing and protecting them.

SECTION 2. Coverage. All wildlife resources, including by-products and/or derivatives but with the exclusion of those with Certificate of Wildlife Registration (CWR) issued during the first registration period, being possessed in the following manners shall be covered by the rules and procedures as herein provided; to wit:

2.1 All threatened, non-threatened and exotic terrestrial and aquatic fauna species in the possession of private individuals. Aquatic fauna shall include the aquarium and tropical fishes collected from the wild and are now being kept in pet shops;

2.2 All threatened, endemic and/or economically important flora species, including threatened exotic plants that are maintained in nurseries/gardens/plant stalls for commercial purposes;

2.3 Threatened, non-threatened and exotic species of wild fauna (terrestrial and aquatic) being maintained in facilities, such as but not limited to zoos, parks, aviaries, rescue and biodiversity centers and aquaria of government agencies or institutions;

2.4 Threatened, non-threatened and/or economically important species of wild flora (terrestrial and aquatic) being maintained in garden or similar facilities of private and government agencies/institutions. For museums and herbaria, submission of a list of specimens being kept in said institutions shall be sufficient. For other government and private agencies/institutions, submission of a list of species being kept including their corresponding number shall be enough; and,

2.5 Wildlife acquired from legal sources as determined by the PCSDS.

SECTION 3. Registration Fees. The following fees shall be imposed for the issuance of a Certificate of Wildlife Registration (CWR):

3.1 For endemic and/or threatened terrestrial and aquatic fauna:

i) Kept in houses/by private individuals : PhP 200/head

ii) Kept in facilities such as, among others, ponds, cages, aviaries and pens for educational and/ or display purposes : PhP 350/head

3.2 For endemic, threatened and/or economically important terrestrial and aquatic flora species:

i) Kept in nurseries/gardens for commercial purposes : PhP 100/species (A List of the total number of individual per species must be submitted to the PCSDS)

3.3 For exotic flora and fauna

i) Fauna kept in houses/by private individuals : PhP 200/head

ii) Used for educational purposes and/or commercial - related activities e.g display in restaurants, etc. For fauna : PhP 350/head; For flora : PhP 150/species

3.4 For non-threatened flora and fauna

i) Flora for educational purposes : No registration fee. Submission of a List of Flora Species, including the number of individual plant, must be submitted to the PCSDS

ii) Fauna in private possession : PhP 150/head

iii) Fauna being used for educational purposes and/or commercial - related activities eg. Restaurants, etc. PhP 200/head

3.5 AH conservation and other related projects of any government agency or institution shall be exempted from payment of fees provided herein.

SECTION 4. Requirements and Procedures, Each applicant for the registration of terrestrial wildlife fauna in its possession shall submit to the nearest DMO the following requirements and pay the prescribed registration fee under Sec. 3.1.

4.1 Duly accomplished application form (to be secured from the nearest District Management Office of the PCSDS

4.2 List and Photograph / picture of Wildlife for Registration (shall be validated/inspected by the concerned DMO staff)

Institutions/agencies, individuals mentioned in the preceding section, specifically under 3.2, shall accomplish the Registration Form herein attached as Annex "A". The same form must be submitted to the nearest DMO during the registration period set.

SECTION 5. Responsibilities of CWR Holders. The following shall be the responsibilities of the CWR Holders.

5.1 Allow authorized PCSDS personnel access to the wildlife and facilities for monitoring and inspection purposes;

5.2 Agree to the recommendations made by the PCSDS on the proper management of wildlife in their possession;

5.3 Acquire additional stocks only in accordance with the existing laws, rules and regulations and only from facilities with permits from the PCSD/S;

5.4 Submission of the following:

i) Annual inventory report and other reports as may be required by the Executive Director

ii) Acquisition reports within 15 days from acquisition of new or additional stocks. Provided that, new or additional stocks shall only be acquired pursuant to the provisions specified herein;

iii) Production report within 30 days from the birth/hatching or production of captive-bred fauna individual or propagation/production of flora species;

iv)MortaIity report within 5 days from the death of wildlife;

v) Conduct of any activity using the registered wildlife shall be undertaken in accordance with the pertinent provisions provided hereof.

SECTION 6. Local Transport. The local transport of registered wildlife fauna species shall be allowed only if the said species is to be transported from the area/place as reflected in the application form as well as in the Certificate of Wildlife Registration (CWR) to another area/place within Palawan. Provided further, that said wildlife is not listed as threatened in the "List of Threatened Wildlife of Palawan" issued and approved by the Council.

Transporting of registered wildlife fauna and flora going out of Palawan shall be allowed strictly for scientific/research and breeding purposes only.

The transport for commercial purposes shall be allowed only under the circumstances as specified in Section 8 hereof.

SECTION 7. Limitation. The CWR does not confer the holder the privilege to collect wildlife resources from the wild or to purchase, exchange or to receive any wild faunal species including its by-products from illegal sources. Further, the CWR does not confer the Holder the privilege to loan or make the animals as collateral for any transaction or financial obligation.

SECTION 8. Privileges of CWR Holders. CWR Holders shall be entitled to the following privileges:

8.1 Utilize the registered wildlife as an income generating resources through recreation and educational activities;

8.2 Engage in the captive breeding of registered wildlife subject to pertinent provisions on commercial trade/use of wildlife as indicated in the Joint IRR of RA 9147 and to the following:

i) Only the progenies of registered wildlife fauna and flora shall be used for commercial purposes;
ii) A Wildlife Farm Permit must be secured from the PCSD;
iii) Further, all progenies produced shall be marked/tagged, where appropriate for terrestrial fauna species, following the procedures prescribed by the PCSDS;
iv) Exportation of progenies shall be subject to issuance of necessary export documents from Protected Areas and Wildlife Bureau - DENR and DA-BFAR for terrestrial and aquatic resources, respectively

8.3 Engage in the exchange with and/or donation of owned progenies to other CWR Holder. Provided, that it shall be accompanied with a proof of donation or other similar document.

8.4 Avail of technical assistance from the PCSDS on matters pertaining to management of wild fauna and flora species in their possession;

SECTION 9. Revocation / Cancellation of CWR. Deliberate disregard of the provisions of these guidelines shall result to the automatic cancellation of the CWR and shall cause the confiscation of all existing animals in favor of the PCSD, without prejudice to the application of other measures as provided for by existing laws, rules and regulations.

SECTION 10. Repealing Clause. All Orders, memoranda, circulars inconsistent herewith are hereby repealed and/or amended accordingly.

ADOPTED and APPROVED this 27th day of July 2007 at Puerto Princesa City.

I hereby certify to the correctness and accuracy of the above-quoted resolution

The Palawan Council for Sustainable Development is a national agency under
the Office of the President of the Philippines