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NOTICE

Red Tide Update

Shellfish Bulletin No. 27
Series of 2008
06 November 2008

Announcement

Invitation to Participate

PINOY FISHMART MULTI-PURPOSE COOPERATIVE
For Inquiries: BFAR-FIDSD
2/F PCA Annex Bldg.,Diliman Q.C. Tel:(02)929-3118
E-mail: pfontelar@bfar.da.gov.ph

Joint DA-DENR-DILG Administrative Order No. 1
Series of 2008

For comments:

Draft FAOs on the DA-BFAR Guidelines on the implementation of Republic Act 9147 otherwise known as "wildlife resources conservation and protection act" and its implementing rules

Send comments to:
avitug@bfar.da.gov.ph
ealesna@bfar.da.gov.ph

For comments:

Draft FAOs on the rules and regulations covering the exportation of fish and aquaculture products to EU member countries.

Send comments to:
cbaltazar@bfar.da.gov.ph
sregidor@bfar.da.gov.p

Republic of the Philippines
DEPARTMENT OF AGRICULTURE
Office of the Secretary
Elliptical Road, Diliman, Quezon City

DRAFT

FISHERIES ADMINISTRATIVE )
ORDER NO. ______
Series of )

SUBJECT: DA-BFAR GUIDELINES ON THE IMPLEMENTATION OF REPUBLIC ACT 9147 OTHERWISE KNOWN AS “WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT” AND ITS IMPLEMENTING RULES

Pursuant to Rule 37.1 of the Joint DENR-DA-PCSD Administrative Order No. 1, Series of 2004, this Administrative Order is hereby promulgated for the guidance of all concerned.

CHAPTER 1

Scope of Application

Section 1. Scope of Application. This Order shall apply to all declared critical aquatic habitats, all aquatic wildlife including but not limited to all fishes, aquatic plants, marine and freshwater invertebrates and all marine and freshwater mammals except dugong, crocodile, all tortoises and turtles, found in all areas of the country. It shall likewise apply to captive-bred/propagated progenies and exotic species of the aforementioned wildlife, including species listed under the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 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 prior to the promulgation of this Order, Provided, that the management of aquatic wildlife resources found within protected areas shall be governed by Republic Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS) Act; Provided further, that bioprospecting of aquatic and marine resources under the jurisdiction of DA found within protected areas shall be governed by the Joint DENR-DA-PCSD-NCIP Administrative Order No. 1, Series of 2005.

CHAPTER II
Definition of Terms
Section 2. Use of Terms. The following terms are used in this Order in addition to the terms in Section 5 and Rule 5.1 of the Joint DENR-DA-PCSD Administrative Order No. 1, Series of 2004 and in Section 5 of the Joint DENR-DA-PCSD-NCIP Administrative Order No. 1, Series of 2005.
a.	ll.Aquatic wildlife – refers to the wild forms and varieties/strains of faunal and floral species living in marine, brackish or freshwater environments, including biomolecules, in almm.l developmental stages, such as but not limited to eggs, larvae, seedlings including those which are in captivity or are being bred or propagated; except domesticated or pnn.ropagated species, species for subsistence consumption, traditional use and conventional commercial consumption for direct use such as fishing, Provided, that 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
b.	Breeding stock or parental stock - the ensemble of the animals/plants in the operation that are used for reproduction
c.	Bred in captivity - born or otherwise produced in a controlled environment under the following conditions:
	1.	the parents mated or gametes were otherwise transferred in a controlled environment, if reproduction is sexual, or the parents were in a controlled environment when development of the offspring began, if reproduction is asexual; and
	2.	the breeding stock, to the satisfaction of the competent government authorities of the exporting country:
	A.	was established in accordance with the provisions of relevant national laws or CITES, in case of CITES-listed species, and in a manner not detrimental to the survival of the species in the wild;
	B.	is maintained without the introduction of specimens from the wild, except for the occasional addition of animals, eggs or gametes, in accordance with the relevant national laws or the provisions of CITES for CITES-listed species in a manner not detrimental to the survival of the species in the wild as advised by the Scientific Authority, either (1) to prevent or alleviate deleterious inbreeding, with the magnitude of such addition determined by the need for new genetic material; or (2) to dispose of confiscated animals; or (3) exceptionally, for use as breeding stock; and,
	C.	1.	has produced offspring of second generation (F2) or subsequent generation (F3, F4, etc.) in a controlled environment; or,
		2.	is managed in a manner that has been demonstrated to be capable of reliably producing second-generation offspring in a controlled environment
d.	Charges – amount collected for the exercise of a privilege under control of government
e.	CITES - The Convention on International Trade in Endangered Species of Wild Fauna and Flora, or CITES, is an international treaty designed to regulate international trade in animal and plant species that are or may become threatened with extinction. Species are listed in Appendix I, II, or III of CITES, depending on the degree of threat and level of control needed
f.	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, in cases where such export is allowed
g.	CITES Import Permit – permit issued authorizing an individual to bring into the Philippines wildlife listed under CITES Appendices, including its by-products or derivatives, from other countries
h.	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
i	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
j.	Conservation Breeding – the process of producing wildlife under controlled condition or with human intervention for possible release to the wild or other conservation or scientific purposes
k.	Controlled environment - an environment that is manipulated for the purpose of producing animals or plants of a particular species, that has boundaries designed to prevent animals, eggs or gametes of the species from entering or leaving the controlled environment, and the general characteristics of which may include but are not limited to: artificial housing; waste removal; health care; protection from predators; and artificially supplied food
l.	Critically endangered species – species facing an extremely high risk of extinction in the wild based on the criteria in Section 8 hereof
m.	Declared critical aquatic habitat – a place or environment outside protected areas under RA 7586, where threatened aquatic wildlife occurs or has naturally established its population and declared critical by the Secretary
n.	Director – the Director of the Bureau of Fisheries and Aquatic Resources (BFAR)
o.	Endangered species – species facing a very high risk of extinction in the wild based on the best available evidence and satisfies the criteria mentioned in Section 8 hereof
p.	Exportation – the act of bringing aquatic wildlife, its by-products or derivatives out of the country
q.	Export Permit – permit authorizing an individual to bring out non-CITES aquatic wildlife from the Philippines to any other country
r.	Fees – amount collected covering administrative costs and services of public offices
s.	Gratuitous Permit – privilege given to an individual, academic, research institution or organization to capture/harvest and transport wildlife species from the natural habitat for scientific and other authorized purposes
t.	Importation – the act of bringing wildlife, by-products or derivatives into the country
u.	Import Permit – a permit authorizing an individual to bring into the country non-CITES wildlife from another country
v.	Joint DENR-DA-PCSD A.O. No. 01 series of 2004 – the implementing rules and regulations of the Republic Act No. 9147 otherwise known “Wildlife Resources Conservation and Protection Act”
w.	Joint DENR-DA-PCSD-NCIP Administrative Order No. 1, Series of 2005 – the Guidelines for Bioprospecting Activities in the Philippines promulgated pursuant to Section 14 of RA 9147
x.	Large-scale farming – commercial breeding/propagating of wildlife with capital of more than Php 3,000,000.00
y.	Local Transport Permit (LTP) – permit for domestic movement or authorizing an individual to bring, carry or ship aquatic wildlife, by-products or derivatives acquired from legal sources from the point of origin to the final destination within the country
z.	Medium-scale farming- commercial breeding/propagating of aquatic wildlife with capital of more than Php 1,500,000.00 to Php 3,000,000.00
aa.	National Wildlife Management Committee (NWMC) - refers to the Committee created pursuant to Section 6 of the Joint DENR-DA-PCSD Administrative Order No. 1 tasked to provide technical and scientific advice to the DA-BFAR concerning applications for the collection or use of wildlife as may be allowed in this Order
bb.	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
cc.	Phytosanitary Certificate – document issued by the Bureau of Plant Industry of the Department of Agriculture (BPI-DA) for plants or plant products certifying that the specimens are free from pests and diseases and conform with the phytosanitary regulations of the country
dd.	Prior clearance – endorsement or certification issued by the concerned agencies or bodies prior to collection of wildlife resources
ee.	Progeny - specimen produced in a controlled environment from parents at least one of which was conceived in or taken from the wild
ff.	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
gg.	Re-export Permit – permit authorizing an individual to bring out of the country non-CITES aquatic wildlife which were previously imported
hh.	RD – Regional Director, the head of a BFAR Regional Office
ii.	Re-issuance Fee – payment made for processing and issuing of the same document for replacement of expired CITES/Non-CITES Permit and/or amendment of entry
jj.	Registration – act of entering in the official records aquatic wildlife species and granting authority to person, agencies or institutions to maintain the aquatic wildlife
kk.	Regional Wildlife Management Committee (RWMC) – refers to the Committee at the Regional level that provide technical assistance and scientific advice to the DA-BFAR for species under their jurisdiction
ll.	Return Shipment – the return of aquatic wildlife species imported without the necessary permits or in violation of RA 9147 and its rules, back to the country of origin at the expense of the importer
mm.	Small-scale Farming – commercial breeding/propagation of aquatic wildlife with a capital of Php 1,500,000.00 or less
nn.	Secretary – the Secretary of the Department of Agriculture
oo.	Threatened species - species evaluated against the criteria in Section 8 hereof but does not qualify for Critically Endangered, Endangered or Vulnerable status now, but is likely to qualify for any of these three categories in the near future, if no conservation measures are taken
pp.	Veterinary Certificate – document issued by the Bureau of Animal Industry of the Department of Agriculture (BAI-DA) for animals certifying that these are free from evidence of dangerous communicable animal diseases or exposure thereto
qq.	Vulnerable species - species, which based on the best available evidence, is facing a high risk of extinction in the wild based on the criteria mentioned in Section 8 hereof
rr.	Wildlife Collectors Permit (WCP) – permit to take or collect from the wild certain species and quantities of aquatic wildlife for commercial breeding/propagation
ss.	Wildlife Farm Permit (WFP) – permit to develop, operate and maintain an aquatic wildlife breeding farm for conservation, trade and/or scientific purposes
tt.	Wildlife Rescue Center (WRC) – repository of confiscated, donated, retrieved, turned-over or abandoned wildlife species where sick, injured, confiscated wildlife are temporarily kept and rehabilitated prior to the release to their natural habitat or implementation of other modes of disposition
uu.	Wildlife Special Use Permit (WSUP) – permit authorizing qualified persons to collect economically important species for direct trade purposes

Chapter III
Conservation and Protection of Wildlife Resources
Section 3. National Wildlife Management Committee. A National Wildlife Management Committee (NWMC) is hereby created pursuant to the Rules in Section 6 of the Joint DENR-DA--PCSD Administrative Order No. 1 Series of 2004.
3.1		The NWMC shall be composed of the Director or his representative, who shall act as the Chairman and members representing the National Fisheries Research and Development Institute (NFRDI), U.P. Marine Science Institute, UP Visayas College of Fisheries and Ocean Sciences, (UPCFOS) National Fisheries and Aquatic Resource Management Council (NFARMC), other concerned government agencies, local scientists with expertise on various fields of disciplines on wildlife conservation and management, and an environmental non-government organization.
3.2		Members of the NWMC shall be recommended by the BFAR Director and officially designated by the Secretary.
3.3		The Fisheries Quarantine and Wildlife Regulation Section (FQWRS) of the BFAR Fisheries Regulatory and Quarantine Division (FRQD) shall serve as the NWMC Secretariat.
Section 4. Functions of the NWMC. The NWMC shall perform the following functions:
1.		Recommend to the Secretary the list of economically important aquatic wildlife including the schedule, volume of allowable harvest, regional/geographical distribution and areas of collection, in consultation with the PCSD whenever necessary, concerned scientific institutions, conservation groups, stakeholders and the industry and regularly review and update such list;
2.		Submit recommendations to the Director regarding applications for the collection and use of wildlife for trade, scientific research, bioprospecting, conservation breeding or propagation of threatened species, or for special use;
3.		Recommend a list of threatened species and their classification as critically endangered, endangered, vulnerable or other acceptable categories based on the studies conducted by the Philippine Aquatic Red List Committee (PARLC);
4.		Recommend the conduct of population assessment of aquatic wildlife threatened by overexploitation and prescribe appropriate conservation and management measures;
5.		Recommend to the Secretary criteria for the establishment of aquatic wildlife rescue centers;
6.		Evaluate and recommend the issuance of Wildlife Farm Permit or Wildlife Collector’s Permit for the breeding and propagation of aquatic wildlife; and,
7.		Perform tasks requested by the Secretary or the Director, for the proper implementation of RA 9147, its implementing rules and this Order.
Section 5. Regional Wildlife Management Committee. A Regional Wildlife Management Committee (RWMC) shall likewise be created by the BFAR Regional Offices in accordance with the preceding paragraph.
Section 5.1 The RWMC shall be composed of the Regional Director as Chairperson, Chief of the Fisheries Resources Management Division, representative of the Local Government Units (LGUs), FARMCs, Indigenous Peoples (IPs), NGO representative and local academic and research institutions. Stakeholders maybe invited as resource persons when necessary.
Section 5.2 The members of the RWMC shall be recommended by the Regional Director and officially designated by the Director.
Section 5.3 The FIQS shall serve as RWMC Secretariat.
Section 6. Functions of the RWMCs. The RWMCs shall perform the following functions
1.		Assist the NWMC in the performance of its functions;
2.		Provide technical assistance and scientific advice to the Regional Director for the management and conservation of aquatic wildlife of the region;
3.		Evaluate applications for the collection or use of aquatic wildlife for thesis purposes, conservation, breeding or propagation of threatened species; and,
4		Perform tasks requested by the Secretary, Director or Regional Director for the proper implementation of RA 9147 and its implementing rules within the region.
Section 7. Philippine Aquatic Red List Committee (PARLC). The Philippine Aquatic Red List Committee (PRLC) is hereby created pursuant to Rule 22.2 of the Joint DENR-DA-PCSD AO No. 1 to determine species that are threatened and their classification as critically endangered, endangered, vulnerable or threatened based on the criteria mentioned in Section 8 hereof, to develop criteria for critical habitats and identify critical habitats to be declared by the Secretary as well as to perform mandates mentioned in this Order.
Section 7.1 The PRLC shall be chaired by the Director and shall be composed of representatives from the CITES Scientific Authorities, local and/or foreign experts to be designated by the Secretary, representative from an environmental non-government organization, FRMD Chief, and from the academe.
Section 7.2 The FQWRS of the FRQD Central Office shall serve as the PRLC Secretariat.
Section 8. Criteria for Categorizing Species as Critically endangered, endangered, vulnerable or threatened.
8.1. Critically endangered (CR). A species is critically endangered when the best available evidence indicates that it meets any of the following criteria (A to E), and is therefore considered to be facing an extremely high risk of extinction in the wild:
A.		Reduction in population size based on any of the following:
1.		An observed, estimated, inferred or suspected population size reduction of ≥ 90% over the last 10 years or three generations, whichever is the longer, where the causes of the reduction are clearly reversible AND understood AND ceased, based on (and specifying) any of the following:
		(a)	direct observation;
		(b)	an index of abundance appropriate to the taxon;
		(c)	a decline in area of occupancy, extent of occurrence and/or quality of habitat;
		(d)	actual or potential levels of exploitation; and,
		(e)	the effects of introduced taxa, hybridization, pathogens, pollutants, competitors or parasites.
2.		An observed, estimated, inferred or suspected population size reduction of ≥ 80% over the last 10 years or three generations, whichever is longer, where the reduction or its causes may not have ceased OR may not be understood OR may not be reversible, based on (and specifying) any of (a) to (e) under A1.
3.		A population size reduction of ≥ 80%, projected or suspected to be met within the next 10 years or three generations, whichever is longer (up to a maximum of 100 years), based on (and specifying) any of (b) to (e) under A1.
4.		An observed, estimated, inferred, projected or suspected population size reduction of ≥ 80% over any 10 year or three generation period, whichever is longer (up to a maximum of 100 years in the future), where the time period must include both the past and the future, and where the reduction or its causes may not have ceased OR may not be understood OR may not be reversible, based on (and specifying) any of (a) to (e) under A1.
B.		Geographic range in the form of either B1 (extent of occurrence) OR B2 (area of occupancy) OR both:
1.		Extent of occurrence estimated to be less than 100 km2, and estimates indicating at least two of a-c:
		a.	Severely fragmented or known to exist at only a single location;
		b.	Continuing decline, observed, inferred or projected, in any of the following;
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	area, extent and/or quality of habitat
			(iv)	number of locations or subpopulations
			(v)	number of mature individuals.
		c.	Extreme fluctuations in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	number of locations or subpopulations
			(iv)	number of mature individuals.
2.		Area of occupancy estimated to be less than 10 km2, and estimates indicating at least two of a-c:
		a.	Severely fragmented or known to exist at only a single location.
		b.	Continuing decline, observed, inferred or projected, in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	area, extent and/or quality of habitat
			(iv)	number of locations or subpopulations
			(v)	number of mature individuals.
		c.	Extreme fluctuations in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	number of locations or subpopulations
			(iv)	number of mature individuals.
C.		Population size estimated to number fewer than 250 mature individuals and either:
1.		An estimated continuing decline of at least 25% within three years or one generation, whichever is longer, (up to a maximum of 100 years in the future) OR
2.		A continuing decline, observed, projected, or inferred, in numbers of mature individuals AND at least one of the following (a-b):
		(a)	Population structure in the form of one of the following:
		(i)	no subpopulation estimated to contain more than 50 mature individuals, OR
		(ii)	at least 90% of mature individuals in one subpopulation.
		(b)	Extreme fluctuations in number of mature individuals.
D.		Population size estimated to number fewer than 50 mature individuals.
E.		Quantitative analysis showing the probability of extinction in the wild is at least 50% within 10 years or three generations, whichever is the longer (up to a maximum of 100 years).
Section 8.2 ENDANGERED (EN) A species is Endangered when the best available evidence indicates that it meets any of the following criteria (A to E), and is therefore considered to be facing a very high risk of extinction in the wild:
A.		Reduction in population size based on any of the following:
1.		An observed, estimated, inferred or suspected population size reduction of ≥ 70% over the last 10 years or three generations, whichever is longer, where the causes of the reduction are clearly reversible AND understood AND ceased, based on (and specifying) any of the following:
		(a)	direct observation
		(b)	an index of abundance appropriate to the taxon
		(c)	a decline in area of occupancy, extent of occurrence and/or quality of habitat
		(d)	actual or potential levels of exploitation
		(e)	the effects of introduced taxa, hybridization, pathogens, pollutants, competitors or parasites.
2.	An observed, estimated, inferred or suspected population size reduction of ≥ 50% over the last 10 years or three generations, whichever is longer, where the reduction or its causes may not have ceased OR may not be understood OR may not be reversible, based on (and specifying) any of (a) to (e) under A1.
3.		A population size reduction of ≥nbsp;50%, projected or suspected to be met within the next 10 years or three generations, whichever is longer (up to a maximum of 100 years), based on (and specifying) any of (b) to (e) under A1.
4.		An observed, estimated, inferred, projected or suspected population size reduction of ≥ 50% over any 10 year or three generation period, whichever is longer (up to a maximum of 100 years in the future), where the time period must include both the past and the future, and where the reduction or its causes may not have ceased OR may not be understood OR may not be reversible, based on (and specifying) any of (a) to (e) under A1.
B.		Geographic range in the form of either B1 (extent of occurrence) OR B2 (area of occupancy) OR both:
1.		Extent of occurrence estimated to be less than 5000 km², and estimates indicating at least two of a-c:
		a.	Severely fragmented or known to exist at no more than five locations.
		b.	Continuing decline, observed, inferred or projected, in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	area, extent and/or quality of habitat
			(iv)	number of locations or subpopulations
			(v)	number of mature individuals.
		c.	Extreme fluctuations in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	number of locations or subpopulations
			(iv)	number of mature individuals.
2.		Area of occupancy estimated to be less than 500 km2, and estimates indicating at least two of a-c:
		a.	Severely fragmented or known to exist at no more than five locations.
		b.	Continuing decline, observed, inferred or projected, in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	area, extent and/or quality of habitat
			(iv)	number of locations or subpopulations
			(v)	number of mature individuals.
		c.	Extreme fluctuations in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	number of locations or subpopulations
			(iv)	number of mature individuals.
C.		Population size estimated to number fewer than 2500 mature individuals and either:
1.		An estimated continuing decline of at least 20% within five years or two generations, whichever is longer, (up to a maximum of 100 years in the future) OR
2.		A continuing decline, observed, projected, or inferred, in numbers of mature individuals AND at least one of the following (a-b):
		(a)	Population structure in the form of one of the following:
			(i)	no subpopulation estimated to contain more than 250 mature individuals, or,
			(ii)	at least 95% of mature individuals in one subpopulation.
		(b)	Extreme fluctuations in number of mature individuals.
D.		Population size estimated to number fewer than 250 mature individuals.
E.		Quantitative analysis showing the probability of extinction in the wild is at least 20% within 20 years or five generations, whichever is longer (up to a maximum of 100 years).
Section 8.3 VULNERABLE (VU) A species is Vulnerable when the best available evidence indicates that it meets any of the following criteria (A to E), and is therefore considered to be facing a high risk of extinction in the wild:
A.		Reduction in population size based on any of the following:
1.		An observed, estimated, inferred or suspected population size reduction of ≥ 50% over the last 10 years or three generations, whichever is longer, where the causes of the reduction are: clearly reversible AND understood AND ceased, based on (and specifying) any of the following:
		(a)	direct observation
		(b)	an index of abundance appropriate to the taxon
		(c)	a decline in area of occupancy, extent of occurrence and/or quality of habitat
		(d)	actual or potential levels of exploitation
		(e)	the effects of introduced taxa, hybridization, pathogens, pollutants, competitors or parasites.
2.		An observed, estimated, inferred or suspected population size reduction of ≥ 30% over the last 10 years or three generations, whichever is longer, where the reduction or its causes may not have ceased OR may not be understood OR may not be reversible, based on (and specifying) any of (a) to (e) under A1.
3.		A population size reduction of ≥ 30%, projected or suspected to be met within the next 10 years or three generations, whichever is longer (up to a maximum of 100 years), based on (and specifying) any of (b) to (e) under A1.
4.		An observed, estimated, inferred, projected or suspected population size reduction of ≥ 30% over any 10 year or three generation period, whichever is longer (up to a maximum of 100 years in the future), where the time period must include both the past and the future, and where the reduction or its causes may not have ceased OR may not be understood OR may not be reversible, based on (and specifying) any of (a) to (e) under A1.
B.		Geographic range in the form of either B1 (extent of occurrence) OR B2 (area of occupancy) OR both:
1.		Extent of occurrence estimated to be less than 20,000 km2, and estimates indicating at least two of a-c:
		a.	Severely fragmented or known to exist at no more than 10 locations.
		b.	Continuing decline, observed, inferred or projected, in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	area, extent and/or quality of habitat
			(iv)	number of locations or subpopulations
			(v)	number of mature individuals.
		c.	Extreme fluctuations in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	number of locations or subpopulations
			(iv)	number of mature individuals.
2.		Area of occupancy estimated to be less than 2000 km2, and estimates indicating at least two of a-c:
		a.	Severely fragmented or known to exist at no more than 10 locations.
		b.	Continuing decline, observed, inferred or projected, in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	area, extent and/or quality of habitat
			(iv)	number of locations or subpopulations
			(v)	number of mature individuals.
		c.	Extreme fluctuations in any of the following:
			(i)	extent of occurrence
			(ii)	area of occupancy
			(iii)	number of locations or subpopulations
			(iv)	number of mature individuals.
C.		Population size estimated to number fewer than 10,000 mature individuals and either:
1.		An estimated continuing decline of at least 10% within 10 years or three generations, whichever is longer, (up to a maximum of 100 years in the future) OR
2.		A continuing decline, observed, projected, or inferred, in numbers of mature individuals AND at least one of the following (a-b):
		(a)	Population structure in the form of one of the following:
			(i)	no subpopulation estimated to contain more than 1000 mature individuals, OR
			(ii)	all mature individuals are in one subpopulation.
		(b)	Extreme fluctuations in number of mature individuals.
D.		Population very small or restricted in the form of either of the following:
1.		Population size estimated to number fewer than 1000 mature individuals.
2.		Population with a very restricted area of occupancy (typically less than 20 km2) or number of locations (typically five or fewer) such that it is prone to the effects of human activities or stochastic events within a very short time period in an uncertain future, and is thus capable of becoming Critically Endangered or even Extinct in a very short time period.
E.		Quantitative analysis showing the probability of extinction in the wild is at least 10% within 100 years.
Section 8.4 Threatened (T) A species is Threatened when it has been evaluated against the criteria but does not qualify as Critically Endangered, Endangered or Vulnerable now, but is likely to qualify for any of the three above categories in the near future, if no conservation measures are adopted.
Section 9. Designation of critical habitats. The Secretary shall designate critical habitats where critically endangered, endangered, vulnerable or threatened species are found outside of protected areas and outside of the province of Palawan, as determined by the PARLC based on the criteria it has developed, provided that the designation of critical habitats in municipal waters shall require prior consultation with the City or Municipal Fisheries Aquatic Resources Management Council (FARMC) and other stakeholders.
Section 10. CITES Management Authority for Aquatic Wildlife. The Director, the FRQD Chief, and the Chiefs of the FIQS in the regional offices are hereby designated as the CITES Management Authorities for aquatic wildlife under the jurisdiction of DA-BFAR. They shall perform the functions stated in Rules 19.1 and 19.2 of the Joint DA-DENR-PCSD Administrative Order No. 1, series of 2004, and ensure the proper implementation of the CITES provisions.
Section 11. CITES Scientific Authorities for Aquatic Wildlife. The National Fisheries Research and Development Institute (NFRDI), the UP Marine Science Institute, the UP Visayas College of Fisheries and Ocean Sciences , Silliman University and the National Museum are hereby designated as the CITES Scientific Authorities for marine and aquatic species, provided that other institutions may be designated by the Secretary through subsequent regulations. They shall perform the functions stated in Rule 19.3 of the Joint DA-DENR-PCSD AO No. 1, and the responsibilities of scientific authorities under CITES.
Section 12. Scientific Researches on Wildlife. The requirements for the conduct of scientific researches are as follows:
12.1		For Filipino researchers with no foreign funding:
		1.	letter of application;
		2.	payment of non-refundable application fee;
		3.	personal resume;
		4.	brief description of the research activity or project proposal;
		5.	endorsement letter of the head of institution where the applicant is affliated or for an indivisual researcher, endorsement from a recognized expert of a research or academic institution or conservation organization;
		6.	Free and Prior Informed Consent of IPs or prior clearance of the concerned LGUs, PAMB, individuals or associations with valid tenurial or other private rights to municipal waters, and other relevant agencies or institutions where the collection shall be made;
		7.	Affidavit of Undertaking by the proponent or a Memorandum of Agreement between the Secretary and the proponent if the species to be collected and studied has been proven by science to contain toxins, residues, or other properties with potential pharmacological application or other commercial use; and
		8.	Gratuitous permit to be issued by the Secretary upon completion of the preceding requirements.
12.2		For a foreign entity or individual, Filipino citizen affiliated with a foreign institution, or a Filipino citizen with foreign funding:
		1.	letter of application;
		2.	institutional profile or personal resumé;
		3.	brief description of the research activity or project proposal;
		4.	disclosure on the source of funds for the research project;
		5.	identification of a local institution as a research collaborator or counterpart and the letter of consent of the Head of such local institution;
		6.	Free and Prior Informed Consent of IPs or prior clearance of the concerned LGUs, PAMB, individuals or associations with valid tenurial or other private rights to municipal waters, and other relevant agencies or institutions where the collection shall be made;
		7.	Payment of a non-refundable application fee;
		8.	Memorandum of Agreement between the Secretary and the proponent; and,
		9.	Gratuitous Permit issued by the Secretary upon completion of the preceding requirements.
12.3		For scientific researches involving conservation breeding or propagation activities and other wildlife conservation projects initiated by non-government institutions, private organizations and other entities:
		1.	letter of intent;
		2.	research/project proposal;
		3.	habitat restoration, protection and management plan for reintroduction and restocking of captive-bred individuals (for captive-breeding projects only);
		4.	letter of acceptance of local collaborators (for foreign applicants only);
		5.	institutional or organizational profile;
		6.	endorsement from the head of institution or organization;
		7.	disclosure on the source of funds for the project
		8.	prior clearance obtained pursuant to Rule 7.4 of the Joint DA-DENR-PCSD AO No. 1; and,
		9.	payment of non-refundable application and processing fees.
12.4		Collection of specimens/samples by government agencies necessary to address urgent concerns such as but not limited to red tide, ciguatera, global warming, climate change, as certified by the concerned government agency, shall be exempted from the rule on scientific research, provided that the BFAR shall be informed in writing prior to the collection and shall be informed in writing of the result of the research and recommended plan of action.
12.5		Other government initiated or implemented research or scientific projects shall require:
		1.	letter of intent application;
		2.	submission of an approved work and financial plan;
		3.	research proposal;
		4.	Free and Prior Informed Consent of IPs or prior clearance of the concerned LGUs, PAMB, individuals or associations with valid tenurial or other private rights to municipal waters, and other relevant agencies or institutions where the collection shall be made;
		5.	grant agreement or other agreement covering the funding for the research; and,
		6.	Gratuitous Permit issued by the Regional Director upon completion of the preceding requirements.
12.6		For purposes of thesis and dissertation of students affiliated with local academic institutions:
		1.	letter of application;
		2.	certified true copy of the approved thesis proposal;
		3.	endorsement letters from the concerned Dean and thesis adviser;
		4.	Free and Prior Informed Consent of IPs or prior clearance of the concerned LGUs, PAMB, individuals or associations with valid tenurial or other private rights to municipal waters, and other relevant agencies or institutions where the collection shall be made;
		5.	payment of a non-refundable application fee;
		6.	Affidavit of Undertaking, except if species aquatic wildlife to be collected and studied has been shown by scientific research as containing toxins, residues, or other properties with potential pharmacological application or other commercial purposes, in which case, a Memorandum of Agreement between the Secretary and the Student is necessary; and
		7.	Gratuitous permit issued by the Regional Director or the Secretary for the collection of species covered by MOA
12.7		Applications falling under Sections 12.1 to 12.3 paragraphs A-C shall be filed with and processed by the FQWRS of the FRQD, BFAR Central Office, while those falling under Sections 12. 4 and 12.5 paragraphs D and E shall be filed with and processed by the FIQS of the concerned BFAR Regional Office, provided the application does not fall within the exception described in No. 6, paragraph E.
12.8		Applications with incomplete requirements shall not be accepted.
12.9		In case the research covers two or more regions, the application shall be filed with FQWRS of the FRQD, BFAR Central Office.
12.10		Applications falling under Sections 12.1 to 12.3 paragraphs A-C shall be filed with and processed by the FQWRS of the FRQD, BFAR Central Office, while those falling under Sections 12. 4 and 12.5 paragraphs D and E shall be filed with and processed by the FIQS of the concerned BFAR Regional Office, provided the application does not fall within the exception described in Section 12.6 No. 6, paragraph E.
Section 13. Commercial Breeding or Propagation of Aquatic Wildlife. The PRLC, in consultation with the NWMC and scientific/educational institutions, shall prepare and recommend to the Secretary the lists of threatened, non-threatened economically important, and other aquatic wildlife that may be utilized for commercial breeding or propagation, provided that only progenies of wildlife raised, as well as unproductive parent stock shall be utilized for trade, provided that reasonable means to distinguish the progenies from parental stocks shall be undertaken, provided further, that species listed in Appendices I, II and III of CITES maybe commercially bred or propagated after prior registration with the CITES Secretariat and compliance with CITES requirements, particularly on the marking of progenies.
13.1		Persons eligible to apply for commercial breeding or propagation of aquatic wildlife. Only Filipino citizen or Filipino stock or non-stock corporation, partnership, association or cooperative, at least 60% of the capital of which is owned by Filipino citizens and whose primary purpose is to engage in commercial breeding or propagation of aquatic wildlife may apply for commercial breeding or propagation of aquatic wildlife.
13.2		Requirements for the issuance of Wildlife Farm Permit (WFP) for the commercial breeding or propagation of wildlife
For Small Scale Farming (with capital of Php 1,500, 000.00 and below):
1.		Duly accomplished application form (ANNEX “A”) with two (2) recent 2” x 2” photo of applicant;
2.		Certified true copies of Certificate of Registration from appropriate Government agency such as Securities and Exchange Commission (SEC), Cooperative Development Authority (CDA), Department of Trade and Industry, etc. and articles of incorporation/cooperation
3.		Certified true copy of BIR registration and Tax Identification Number
4.		Mayor’s Permit;
5.		Proof of scientific expertise (list and qualifications of human resources) and photocopy of any valid ID with photo and signature of the Sole Proprietor or the President/Manager of Corporation/Cooperative;
6.		Financial Plan showing financial capability to go into breeding;
7.		Proposed facility design;
8.		In case indigenous threatened species, other threatened species, species listed in Appendices II and III of CITES, and species listed in FAO 208, proven effective breeding and captive management techniques of the species and affidavit of undertaking to simultaneously undertake conservation breeding and to adopt measures for the rehabilitation and/or protection of habitat, where appropriate, as may be determined by the RWMC;
9.		Prior clearance from the affected communities i.e. concerned LGUs, FARMCs, recognized head of the indigenous people or Protected Area Management Board; and,
10.		Payment of fees in accordance with Section 20 hereof.
For Medium to Large Scale Farming (with capital of more than Php 1,500,000.00):
1.		Duly accomplished form (Annex “A”) with recent 2 x 2 photo of the applicant;
2.		Certified true copies of Certificate of Registration from appropriate Government agency such as Securities and Exchange Commission (SEC), Cooperative Development Authority (CDA), Department of Trade and Industry, etc. and articles of incorporation/cooperation;
3.		Certified true copy of BIR registration and Tax Identification Number;
4.		Copy of the board resolution authorizing the representative of the corporation to file the application
5.		Mayor’s Permit;
6.		Management and breeding plan in accordance with outline (Annex B);
7.		Proof of scientific expertise (list and qualification of human resources) and photocopy of any valid ID with photo and signature of the Sole Proprietor or the President/Manager of Corporation/Cooperative;
8.		Photo of the existing facility (for those converted to wildlife farm) or sketch / development plan of proposed facility
9.		In case of indigenous threatened species, other threatened species, species listed in Appendices I, II and III of CITES, and species listed in FAO 208, proven effective breeding and captive management techniques of the species and affidavit of undertaking to simultaneously undertake conservation breeding and to adopt measures for the rehabilitation and/or protection of habitat, where appropriate, as may be determined by the RWMC;
10.		Certified copy of Land Title or Lease Contract for the facility;
11.		Financial Plan showing financial capability to go into breeding;
12.		Prior clearance from the affected communities, i.e. concerned LGUs, FARMCs, recognized head of the indigenous people in accordance with RA 8371 or Protected Area Management Board; and,
13.		Payment of fees in accordance with Section 20 hereof.
13.3		Procedure for Processing of the Wildlife Farm Permit (WFP)
1.		The applicant shall submit the requirements to the Regional Office. Only applications with complete requirements shall be accepted;
2.		An evaluation committee composed of members from FRMD, FETCD and PFO shall be assigned by the Regional Director to undertake initial evaluation and conduct site inspection within five (5) working days upon receipt of the application and requirements;
3.		The evaluation committee shall submit an evaluation report on the application and its findings to the RWMC for final evaluation; The RWMC shall submit its recommendations to the BFAR Regional Director for the approval or rejection of the application for WFP within fifteen (15) working days upon receipt of the same.
4.		Issuance of the WFP/Letter of Rejection by the Regional Director within five (5) working days upon receipt from the RWMC of the results of the final evaluation.
5.		Transmittal of the WFP to applicant, who shall secure a Wildlife Collector’s Permit (WCP), if applicable, pursuant to Section 13.4, for the collection of breeding stock from the wild;
6.		If the breeding stock is 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.
13.4		Requirements for Wildlife Collector’s Permit (WCP)/ Wildlife Special Use Permit (WSUP) Application
1.		Duly accomplished application form with recent 2x 2 photo of applicant (ANNEX “A”);
2.		List of species to be collected indicating the quantity for each, and methods of collection to be used;
3.		Prior clearance from the affected communities i.e. concerned LGUs, recognized Head of the Indigenous Cultural Communities (ICCs) in accordance with RA 7381 or Protected Area Management Board (PAMB);
4.		Names, addresses and photocopies of any valid ID with photo and signature of authorized collectors;
5.		Payment of fees in accordance with Section 17 hereof;
13.5		Procedures in the Processing of WCP/WSUP Application
1.		Upon submission of the aforementioned requirements to the Regional Office, or the FQWRS of the FRQD, Central Office, the FRMD/FETCD technical staff shall conduct an inspection of holding facility, within five (5) working days upon submission of the application and complete requirements or upon endorsement of the FQWRS;
2.		After endorsement by FRMD/FETCD of the application and results of inspection to the RWMC, the latter shall submit its recommendations to the Regional Director within five (5) working days upon receipt of the endorsement. The FRMD shall be part of the Review Committee when reviewing applications for WSUP.
3.		The concerned Regional Director shall, within five (5) working days upon receipt of RWMC recommendation, issue WCPs/WSUPs or letter of rejection, as the case may be. In case the collection sites cover several regions, the FQWRS shall process the application and the WCP/WSUP shall be issued or the application shall be rejected by the Director;
4.		Approved WCPs/WSUPs or letter of rejection shall be transmitted to the applicant within three (3) working days.
Section 14. Other Uses of Aquatic Wildlife. Wildlife may be utilized for show or exhibition, educational or documentation for commercial purposes after compliance with the following requirements and procedures
14.1		Show/Exhibition using aquatic wildlife:
1.		Duly accomplished application form with recent 2x2 photo of the applicant (Annex C) to be submitted to the Regional Director, for local aquatic wildlife or to the Director for imported aquatic wildlife;
2.		Copy of SEC/CDA/DTI Registration, BIR Registration, TIN and Mayor’s Permit;Note: RA 8485 should be given equal application as it has not been repealed by RA 9147.
3.		In case of animal shows using aquatic wildlife fauna, clearance from or registration with the Animal Welfare Division of the Bureau of Animal Industry pursuant to Republic Act 8485 (Animal Welfare Act);
4.		In case of imported animals, deposit of a cash bond with BFAR in an amount equal to the transport cost of the animals back to the country of origin. Import/ Re-export Permit shall be secured in accordance to Section 13 hereof;
5.		Issuance of WSUP for Animal/Plant Show by the concerned Regional Director for local aquatic wildlife or by the Director for imported aquatic wildlife.
14.2		Educational Purposes and Documentation for Commercial Purposes
1.		Duly accomplished application form (ANNEX C) to be submitted to the Regional Office;
2.		SEC/CDA/DTI Registration, BIR Registration and TIN, if applicable;
3.		List of the species, quantity and areas of collection or area subject of documentation as the case may be
4.		Clearance from the recognized head of indigenous people in accordance with RA 8371 (Indigenous Peoples Rights Act (IPRA) of 1997, concerned LGUs or Protected Area Management Board;
5.		Issuance of WSUP for educational/documentation purposes by the Regional Director.
Section 15. Local Transport of Aquatic Wildlife, By-products and Derivatives. The following are the requirements for the transport of aquatic wildlife, by-products and derivatives:
1.		Duly accomplished application form (ANNEX D);
2.		Inspection/verification of aquatic wildlife by the PFO or FIQS nearest the place of collection using inspection Report Form (ANNEX E);
3.		Documents supporting the legal possession or acquisition of the aquatic wildlife;
4.		Payment of fees in accordance with Section 17 hereof;
5.		Health/Veterinary certificate issued by the Fish Health Section;
6.		Issuance of LTP by the PFO nearest the place of collection
Section 16. Exportation and Importation of Aquatic Wildlife. The rules governing the exportation and importation of aquatic wildlife are as follows:
16.1		Only the properly marked progenies of wildlife raised in farms with WFPs and those registered with the CITES Secretariat for commercially propagated CITES-listed species, including unproductive parent stock, economically important species collected by virtue of WCPs, and species collected pursuant to an approved scientific research or bioprospecting undertaking shall be allowed for export.
16.2		The export of any CITES-listed species gathered or taken from the wild is prohibited under Section 97 of RA 8550.
16.3		Aquatic wildlife may be imported in accordance with Section 16.7, provided that the importation of live exotic species shall be governed by Fisheries Administrative Order No. 212 and existing biosafety protocol pursuant to Section 16 of RA 9147.
16.4		Aquatic wildlife imported without the necessary permits shall either be confiscated or subjected to return shipment at the expense of the importer.
16.5		The export, import and re-export permits shall be valid for three (3) months and shall automatically expire upon the lapse of such period.
Section 17. CITES and Non-CITES Export Permit. The following are the requirements for the issuance of CITES/Non-CITES Export Permit:
1.		Duly accomplished application form (ANNEX F);
2.		Inspection of aquatic wildlife by the BFAR within three (3) days;
3.		Documents supporting the legal possession or acquisition of the aquatic wildlife;
4.		Bank export declaration, if for commercial purposes;
5.		Local Transport Permit, where applicable;
6.		Fishery/Veterinary Health Certificate and other requirements of the importing country
7.		Payment of Fees
Section 18. CITES and Non-CITES Import Permit. The requirements for the issuance of CITES/Non-CITES Import Permit are as follows:
1.		Duly accomplished application Form (ANNEX F);
2.		CITES Export Permit from the competent authority of the country of origin / Certification of Origin from exporting country;
3.		For live specimens, fishery/veterinary health certificate issued by the competent authority of the country of origin; and,
4.		Payment of fees
Section 19. CITES and Non-CITES Re-Export Permit. The following are the requirements for the issuance of CITES/Non-CITES Re-Export Permit:
1.		Duly accomplished application form (ANNEX F);
2.		Inspection of the specimen by the BFAR within three (3) working days;
3.		CITES/Non-CITES Import Permit issued by the BFAR or other document supporting legal possession or acquisition of aquatic wildlife;
4.		Export permit issued by the country of origin (accepted)
5.		Local Transport Permit where applicable;
6.		Bank export declaration, if for commercial purposes;
7.		Fishery/Veterinary Health Certificate and other requirements of the importing country; and,
8.		Payment of Fees
Section 20. Registration of Aquatic Wildlife. The following are the rules governing the registration of aquatic wildlife:
20.1		All persons/entities in possession of non-threatened and exotic aquatic wildlife shall register the same with the FIQS of the nearest Regional Office within twelve (12) months upon publication of this Order. Possessors of threatened aquatic wildlife shall register within twelve (12) months after publication of the list of threatened aquatic species.
20.2		Upon submission of a duly-accomplished application form (Annex B), inventory of wildlife, documentary stamp tax and payment of registration fee, the possessor shall be issued a Certificate of Wildlife Registration (CWR) by the Regional Director.
20.3		The CWR does not confer upon the holder the privilege to collect aquatic wildlife from the wild or to purchase, exchange or to receive any wild species including its by-products from illegal sources. Neither does it confer the holder the privilege to loan or use the species as collateral for any transaction or financial obligation.
20.4		After the lapse of the period set for registration, threatened, non-threatened and exotic wildlife possessed without CWR shall be confiscated in favor of the government, subject to penalties herein provided. Deliberate disregard of the provisions of this Order shall result to the automatic cancellation of CWR and the confiscation of all species in the holder’s possession in favor of BFAR.
20.5		Confiscated native or endemic species shall if applicable, be returned to its original habitat following the technical protocol for such return to the wild. If return to the wild is no longer possible, confiscated native and exotic species may be disposed through public auction, or donated to private institutions that have the technical expertise for their upkeep. In case of public auction, the proceeds thereof will go to the WMF.
Section 21. Privileges and Responsibilities CWR Holders. The privileges and responsibilities of holders of Certificate of Wildlife Registration are as follows:
21.1		Privileges of CWR holders. CWR holders shall be entitled to the following privileges:
1.		Utilize the registered wildlife as an income-generating resource through recreation or educational activities;
2.		Engage in the exchange with and/or donation of owned progenies to other CWR holders;
3.		Avail of technical assistance from the BFAR on matters pertaining to the health and/or management of wild species in their possession;
4.		Sell or transfer/exchange registered non-threatened species, provided the same is reported to the Regional Office where the species is registered;
5.		Transfer registered threatened species to another CWR holder having the technical and financial capability and proven track record to maintain the species; and,
6.		Engage in the captive breeding of registered species for commercial purposes subject to compliance with the requirements stated in this Order.
21.2		Responsibilities of CWR holders. CWR holders shall:
1.		Allow authorized BFAR personnel access to the registered wildlife and facilities for inspection and monitoring purposes;
2.		Submit the following to the Regional Office which conferred the registration:
		i.	annual inventory report;
		ii.	acquisition report, within thirty (30) days from acquisition of new or additional species acquired in accordance with the provisions of this Order;
		iii.	production report of captive-bred individuals, within thirty (30) days from birth/hatching; and,
		iv.	mortality report supported by a necropsy report in case of mammals and cetaceans, issued by a licensed veterinarian within thirty (30) days from the death of the registered species; for all other species, a semi-annual mortality/disposition report.
3.		Comply with other management measures prescribed for the species
Section 22. Zoological Parks, Aquaria and Other Similar Establishments. Zoological Parks, aquaria and other similar establishments for recreation, education and conservation purposes shall be established in accordance with Rule 36.2 to 36.5 of the Joint DA-DENR-PCSD AO No. 1, series of 2004 and upon payment of application fees and clearance charges mentioned in Section 23 hereof.
Section 23. Schedule of Fees and Charges. The following rates of fees and charges on wildlife shall be collected:
23.1		FEES
A.		Application Fees for :
		1.	Scientific research
				For Filipino students -------------------- P50.00
				Other researchers-----------------------P100.00
		2.	Gratuitous Permit
				For Filipino students-------------------- P20.00
				Other reserachers ------------------- P100.00
		3.	Bioprospecting Undertaking-------------- P500.00
		4.	Wildlife Collector’s Permit ------------------ P500.00
		5.	Wildlife Farm Permit and ------------------ P500.00
		6.	Zoological/Ocean Parks/Aquaria --------- P500.00
		7.	Educational/Documentation for Commercial Purposes----------- P300.00
B.		Inspection Fee for export and re-export
		1.	Commercial ---------------------------------- P 300.00
		2.	Non- Commercial --------------------------- P 150.00
C.		Permit
		1.	Wildlife Farm Permit
			i.	Small Scale---------------------------- P 2,500.00
			ii.	Medium scale ----------------------- P 3,500.00
			iii.	Large scale-------------------------- P 5000.00
		2.	Wildlife Collector’s Permit
			i.	EIS------------------------------------- P 1,000.00
			ii.	Threatened Species---------------- P 5,000.00
D.		Local Transport Permit
			i.	10 kilos below ----------------------- P 20.00
			ii.	10.1 to 50 kilos---------------------- P 30.00
			iii.	50.1 to 100 kilos-------------------- P 50.00
			iv.	100 kilos above--------------------- P100.00
E.		Export/ Re-export Permit
		1.	Commercial (CITES and NON-CITES)
			a.	Aquatic Fauna/Flora, by-products or derivatives ------3% of export value
			b.	Aquatic Fauna/Flora (propagated)
				i.	Economically Important Species----------- 3% of export value
				ii.	Local species (propagated)---------------- 2% of export value
		2.	Non-Commercial (1-20 pieces or not more than 10 kilos, whichever comes first)
			a.	CITES species------------------------------------- P 250.00/permit
			b.	Non-CITES species------------------------------- P 150.00/permit
F.	Import Permit (CITES andcNon-CITES species) ------P 350.00/permit
G.		Re-Issuance fee for expired CITES/Non-CITES Permit
		a.		CITES Permit ---------------------------------- P 250.00/permit
		b.		Non – CITES---------------------------------- P 150.00/permit
23.2		CHARGES
1.		Certificate of Wildlife Registration for the following endemic, indigenous and exotic species:
		a.	aquatic fauna classified as non-threatened species
			i.	1-50 pieces -------------------------------- P 500.00
			ii.	51 and above------------------------------ P 1,000.00
		b.	aquatic mammals, aquatic snakes, mollusks etc. classified as Non-CITES species
			i.	1- 5 piece/--------------------------------- P 3,000.00
			ii.	6-10 pcs -------------------------------- P 4,000.00
			iii.	11-20 pcs ------------------ ------------- P 5,000.00
			iv.	21-30 pcs -------------------------------- P 6,000.00
			v.	31 & above ----------------- P 7,000.00 base fee plus P1,000 for every five pieces in excess of 35
		c.	other marine fauna and flora classified as threatened species
			i.	1- 20 pieces---------------------------- P 1,000.00
			ii.	21 and above------------------------------ P 2,000.00 base fee plus P1,000 for every five pieces in excess of 25
2.		Collection under WCP/WSUP
		a.	Aquatic mammals ------------ P 500.00/head
		b.	All Aquatic snakes --------- P 300.00/head
		c.	All Aquatic invertebrates-- P 50.00/piece
		d.	All aquatic plants-------------- P 20.00/piece
3.		Zoological/Ocean Parks and Aquaria
		Clearance to operate ------------------ P 5000.00
Inspection and other incidental expenses shall be borne by the applicant. All conservation and fishery production projects being implemented by Philippine Government Agency/Office or entity are exempted from payment of fees and charges provided for in this Order.
Chapter IV Miscellaneous Provisions
Section 24. Wildlife Management Fund. The Wildlife Management Fund (WMF) created under Section 29 of RA 9147, as a special account in the National Treasury, is hereby activated for DA-BFAR, which shall be derived from donations, contributions, endowments, fines imposed for violations of RA 9147, its implementing rules, and this Order, damages awarded, fees, charges, and such other revenues generated from wildlife-related activities such as but not limited to auction or direct sale of captive, confiscated, donated or turned-over wildlife and their by-products or derivatives, paraphernalia, tools and the like, and permits and charges of all kinds. Donations and contributions to the fund shall be exempted from donor taxes and all other taxes, fees or charges imposed by the government subject to existing regulations.
24.1		All such monies/incomes shall accrue to the WMF, to be managed collegially by a representative of the FRQD, FQWRS, FRMD and representative of the Central Office Finance Division, provided that sub-funds shall be created for each region, to be managed collegially by representatives of the FIQS, FRMD, and Finance Division, provided further, that fund and sub-fund managers shall meet annually to discuss fund allocation and disbursement. Quarterly financial reports shall be submitted to the Regional Director and Director.
24.2		All expenses necessary for the conduct of activities to implement this order and RA 9147, including those mentioned in Section 22 shall be charged against the WMF and BFAR’s budget in the General Appropriations Act, subject to availability of funds and the usual accounting and auditing rules and regulations
Section 25. Other WMF charges. Reasonable honoraria, travel allowance, operating budget and other incidental expenses of the NWMC, PRLC, RWMC, Scientific authorities, its members, Secretariat, Wildlife Enforcement Officers and resource persons shall be charged against the Wildlife Management Fund (WMF) and DA-BFAR’s regular budget under the General Appropriations Act, subject to the availability of funds and the usual accounting and auditing rules and regulations.
Section 26. Wildlife Enforcement Officers (WEO). Pursuant to Rules 30.1 to 30.7 of the Joint DENR-DA-PSCD AO No. 1, Wildlife Enforcement Officers (WEOs) shall be deputized by the Director upon the recommendation of the concerned Regional Director who shall attach therewith the certificate of completion of training. The Director shall issue a deputation order for a period of one (1) year, renewable for the same period, and an identification card upon submission of a duly accomplished performance evaluation form. The Deputation Order shall, among others, indicate the area of assignment and the duties and responsibilities of the WEO.
Section 27. WEOs from Other Agencies. WEOs shall also be designated by the Philippine National Police, Armed Forces of the Philippines, National Bureau of Investigation, Philippine Coast Guard and other law enforcement agencies, provided employees to be designated shall have undergone the necessary training. Said agencies shall furnish the DA-BFAR with a list of employees designated as WEOs. The Director and the law enforcement agency concerned may enter into a MOA or MOU for the conduct of training and joint evaluation of performance of designated WEOs.
Section 28. Qualifications of WEOs. Prospective WEOs must possess the qualifications stated in Rule 30.3 of the Joint DA-DENR-PCSD Administrative Order No.1, series of 2004, to wit:
1.	Must be a resident of, or assigned to, the area specified in the deputation/designation order;
2.	Must be able to read and write;
3.	Must be at least 18 years old and not more than 60 years old;
4.	Must be physically fit and mentally sound;
5.	Of good moral character;
6.	Willing to perform and undertake the functions and duties of a wildlife enforcement officer
Section 29. Training prior to deputation. WEOs shall be deputized or designated after satisfactorily completing the training for WEOs, which shall consist of, but not limited to:
1.	Basic knowledge of wildlife laws, rules and regulations;
2.	Identification of threatened, exotic, CITES-listed and other aquatic wildlife;
3.	CITES, CBD and CMS provisions
4.	Wildlife handling and transport;
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, detection of falsified or invalid documents; and prosecution of wildlife cases.
Section 30. Conduct of Subsequent Trainings. Subsequent trainings shall be undertaken in order to enhance the skills of deputized WEOs, such as but not limited to trainings on mammal and cetacean stranding and updates on recent wildlife policies and CITES issuances, among others.
Section 31. Revocation of deputation order.
The Deputation Order of WEO may be revoked or terminated by the approving authority on any of the following grounds:
1.	When the WEO is found to be ineffective in the implementation of wildlife laws, rules and regulations including the implementation of CITES provisions based on the performance evaluation as provided for in Section 25 hereof;
2.	When found administratively to have committed an act or acts in violation of the regulatory functions of the BFAR without prejudice to the filing of criminal charges;
3.	Failure to attend subsequent skills training referred to in Section 30 hereof unless with valid reasons.
The designation of a WEO by the Philippine National Police, Armed Forces of the Philippines, National Bureau of Investigation, Philippine Coast Guard and other law enforcement agencies may be revoked based on the above mentioned grounds.
Section 32. Performance Evaluation of WEO. The performance and compliance of the WEO deputized by the BFAR with the provisions of this Order shall be evaluated by the Director or the Regional Director using the criteria and evaluation form to be prescribed by the Undersecretary of Fisheries within two (2) months prior to renewal.
Section 33. Functions and duties of WEO. The WEOs shall perform the following duties and responsibilities:
1.		Seize illegally collected, possessed, and/or traded wildlife possessed and/or traded wildlife, or parts, by-products and/or derivatives thereof;
2.		Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the offenses provided under the Act and other relevant laws, rules and regulations;
3.		Assist in the conduct of surveillance and monitoring of wildlife-related activities;
4.		Deliver the arrested offender within reasonable time to the nearest police station and assist in filing the proper complaint with the appropriate official designated by law to conduct preliminary investigation;
5.		Deliver within reasonable time to the nearest Wildlife Rescue Center or BFAR Regional/Provincial for custody all confiscated wildlife, their parts, by-products and/or derivatives, as well as tools, equipment and conveyances used in the commission of the crime, including corresponding reports;
6.		Act as witness in court for the speedy prosecution of criminal complaints against wildlife violators;
7.		Prosecute cases before Municipal Trial Courts in areas where there are no prosecutors;
8.		Submit monthly accomplishment reports to the concerned field offices with jurisdiction over their area of operations;
9.		Coordinate with other law enforcement agencies for security reasons, if necessary; and
10.		Perform such other duties as may be assigned by the Secretary or Director from time to time.
Section 34. WEO Desk. A special desk for WEO in the FRMD of each Regional Office shall be established to supervise the operation of all deputized WEOs within its jurisdiction. Monthly reports on the activities and accomplishment of WEOs and reports on deputation orders shall be submitted to the Office of the Undersecretary for Fisheries, copy furnished the Director.
Section 35. Establishment of National Wildlife Research Centers. The Secretary shall establish National Wildlife Research Centers (NWRC) or designate existing research institutes, academic organizations, private and non-government research and conservation organizations as NWRCs to lead in the conduct of scientific researches on the proper strategies for the conservation and protection of wildlife, including captive breeding or propagation.
Section 36. Establishment of Wildlife Rescue Centers. Wildlife Rescue Centers (WRCs) shall be designated by the Secretary to take temporary custody and care of all confiscated, abandoned, donated and rescued aquatic wildlife to ensure their welfare and well-being. The Director is hereby authorized to dispose aquatic wildlife being maintained in WRCs by releasing them back to their natural habitat if feasible, otherwise, through donation, loan, sale, exchange, or transfer to other government entities, zoological/ocean parks and environmental non-government organizations. Rescued species being kept by private individuals or entities prior to the promulgation of this Order shall be donated to the latter provided it can be shown that the species can no longer thrive in the wild.
Section 37. Wildlife Traffic Monitoring Units. Pursuant to Section 33 of RA 9147 and Rule 33.1 of the Joint DENR-DA-PCSD AONo.1, the FIQS in the regional offices including those in airports and seaports are hereby designated as Wildlife Traffic Monitoring Units (WTMU) to ensure strict compliance and effective implementation of all existing wildlife laws, rules and regulations, including pertinent international agreements. FIQS personnel shall be entitled to the privileges mentioned in Rule 33.3 of the Joint DENR-DA-PCSD AO No.1
37.1		Customs officers and/or other authorized government representatives assigned at air or seaports who may have intercepted wildlife commodities in the discharge of their official functions, shall, pursuant to Section 33 of RA 9147 and prior to further disposition thereof, secure a clearance from the WTMU assigned in the area. They may also turn-over the confiscated aquatic wildlife to the WTMU, which shall eventually release the same to the nearest Wildlife Rescue Center.
37.2		Disposal of dead animals, parts or derivatives, shall be in accordance with the following rules:
a.		If it is fit for human consumption, then it will be sold through public auction or for donation to charitable institutions;
b.		If it is not fit for human consumption, it should be disposed by either burying or rendering.
37.3		The WTMUs shall:
1.		Enforce existing aquatic wildlife laws, rules and regulations and such other orders or regulations promulgated there under for the protection of wild fauna and flora within the air or seaports
2.		Inspect and verify shipments of wildlife, its by-products and derivatives for export, re-export, import and local transport;
3.		Seize and confiscate illegally collected, possessed and traded wildlife, by-products and derivatives in favor of the government or refuse clearance when there are reasonable grounds to believe that existing aquatic wildlife laws, rules and regulations, or the CITES have been violated;
4.		Arrest even without warrant any person who has committed, is committing, or is about to commit in his presence any of the offenses provided under this Order and other relevant laws, rules and regulations
5.		Coordinate with the customs officers and/or other government authorities at the air or seaports in the performance of their duties and responsibilities;
6.		Conduct investigation and receive evidence regarding the commission of any of the offences defined under R.A. 9147 or in this Order within the area of assignment, whether or not the offense was committed in their presence;
7.		Turn-over confiscated aquatic wildlife, by-products or derivatives to designated Wildlife Rescue Centers or Wildlife Research Centers nearest their post or station; and,
8.		Promote and disseminate information on the conservation and protection of aquatic wildlife.
Section 38. Fines and Penalties. Pursuant to Sections 27 and 28 of RA 9147 and in addition to the illegal acts and penalties mentioned therein, the following are the judicial fines and penalties for violations of the provisions of this Order:
1.		Imprisonment of two (2) years and one (1) day to four (4) years and a fine of thirty three thousand pesos (P33,000) to three hundred thirty thousand pesos (P330,000.00) for collecting or possessing species listed as critically endangered for scientific research without a Memorandum of Agreement and/or Gratuitous Permit or for other purposes without the required WCP, WFP or CWR as the case maybe;
2.		Imprisonment of one (1) year and one (1) day to two (2) years and a fine of twenty two thousand pesos (P22,000) to two hundred twenty thousand pesos (P220,000.00) for collecting or possessing endangered aquatic wildlife for scientific research without a Memorandum of Agreement and/or Gratuitous Permit or for other purposes without the required WCP, WFP or CWR as the case maybe;
3.		Imprisonment of six (6) months and one (1) day to one (1) year and a fine of eleven thousand pesos (P11,000) to one hundred ten thousand pesos (P110,000.00) for collecting or possessing vulnerable species for scientific research without a Memorandum of Agreement and/or Gratuitous Permit or for other purposes without the required WCP, WFP or CWR as the case maybe;
4.		Imprisonment of one (1) month and one (1) day to six (6) months and a fine of five thousand five hundred pesos (P5,500) to fifty five thousand pesos (P55,000) for collecting or possessing threatened aquatic wildlife for scientific research without a Memorandum of Agreement and/or Gratuitous Permit or for other purposes without the required WCP, WFP or CWR as the case maybe;
5.		Imprisonment of ten (10) days to one (1) month and a fine of one thousand one hundred pesos (P1,100.00) to five thousand five hundred pesos (P5,500.00) for collecting or possessing other aquatic wildlife species without a Memorandum of Agreement and/or Gratuitous Permit or for other purposes without the required WCP, WFP, CWR or WSUP as the case maybe; Provided that, where the collection is perpetuated through the means of inappropriate techniques and devices, the maximum penalty herein provided in the aforementioned paragraphs shall be imposed.
6.		Imprisonment of two (2) years and one (1) day to four (4) years and/or fine of five thousand five hundred pesos (P5,500) to three hundred thirty thousand pesos (P330,000.00) for trading aquatic wildlife listed as critically endangered;
7.		Imprisonment of one (1) year and one (1) day to two (2) years and/or a fine of two thousand two hundred pesos (P2,200.00) to two hundred twenty thousand pesos (P220,000.00) for trading endangered species of aquatic wildlife;
8.		Imprisonment of six (6) months and one (1) day to one (1) year and/or a fine of one thousand one hundred pesos (P1,100.00) to one hundred ten thousand pesos (P110,000.00) for trading aquatic wildlife listed as vulnerable;
9.		Imprisonment of one (1) month and one (1) day to six (6) months and/or a fine of five hundred fifty pesos (P550.00) to fifty-five thousand pesos (P55,000.00) for trading threatened aquatic wildlife without permit;
10.		Imprisonment of ten (10) days to one (1) month and/or fine of two hundred twenty pesos (P220.00) to twenty two thousand pesos (P22,000.00) for trading other aquatic wildlife species without permit;
11.		Imprisonment of six (6) months and one (1) day to one (1) year and a fine of fifty five thousand pesos to one hundred ten thousand pesos for transporting aquatic wildlife listed as critically endangered, without a permit;
12.		Imprisonment of three (3) months and one (1) day to six (6) months and a fine of twenty two thousand (P22,000.00) to fifty five thousand pesos (P55,000.00) for transporting endangered aquatic wildlife without a permit;
13.		Imprisonment of one (1) month and one (1) day to three (3) months and a fine of five thousand five hundred pesos (P5,500.00) to twenty two thousand pesos (P22,000.00) for transporting aquatic wildlife listed as vulnerable without a permit;
14.		Imprisonment of ten (10) days to one (1) month and a fine of one thousand one hundred pesos (P1,100) to five thousand five hundred pesos (P5,500.00) for transporting threatened aquatic wildlife without a permit; and,
15.		Imprisonment of five (5) days to ten (10) days and a fine of two hundred twenty pesos (P220.00) to one thousand one hundred pesos (P1,100.00) for transporting other aquatic wildlife without a permit;
Provided that pursuant to Section 28 of RA 9147 the fines herein prescribed shall be increased by at least ten (10) percent every three (3) years to compensate for inflation and to maintain the deterrent function of such fines, which increase shall take effect automatically without the issuance of regulations, Provided, further that, if the offender is an alien, he shall be deported after service of sentence and payment of fines, without any further proceedings; Provided finally that the following administrative penalties shall also be imposed by the Director;
1.		Forfeiture, ipso facto, without the benefit of a court order, of all wildlife, its derivatives or by-products and all paraphernalia, tools and conveyances used in connection with the above-mentioned violations. However, in case of conveyances belonging to third persons who have no participation or knowledge of the illegal acts committed as determined by the court, the same shall not be forfeited and shall be released to said third persons only upon order of the court;
2.		Automatic suspension of permits pending trial;
3		Cancellation of permits upon conviction; and,
4.		Permanent disqualification from engaging in any activity involving the use of wildlife for commercial, research or other purpose
CHAPTER VI General Provisions
Section 39. Funding. The DA-BFAR shall propose and allocate funds under the General Appropriations Act for the implementation of this Order.
Section 40. Amendment. This Order may be amended wholly or in part by the Secretary.
Section 41. Separability Clause. The provisions of this Order are hereby declared to be separable, and in the event one or more provision is declared unconstitutional, the validity of other provisions shall not be affected thereby.
Section 42. Repealing Clause. All orders, circulars, memoranda and other issuances inconsistent herewith are hereby repealed and/or amended accordingly.
Section 43. Effectivity. This Order shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation and fifteen days after its filing with the Office of the National Administrative Registry (ONAR).

Issued this ________ day of 2008 at Quezon City, Philippines.


ARTHUR C. YAP
Secretary


Recommended by:

MALCOLM I. SARMIENTO, JR.						JESUS EMMANUEL M. PARAS
Director, Bureau of Fisheries and Aquatic Resources						Undersecretary for Fisheries and Livestock and Regulations

Send comments to:

Ms. Annaliza A. Vitug
Chief, Fisheries Regulatory and Quarantine Division
E-mail: avitug@bfar.da.gov.ph

Edwyn B. Alesna
Chief, Fisheries Quarantine and Wildlife Regulation Section
E-mail:ealesna@bfar.da.gov.ph