lOMoARcPSD|57343640
Wildlife Disposition
Biodiversity & Conservation Biology (University of the Philippines System)
Scan to open on Studocu
Studocu is not sponsored or endorsed by any college or university
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
DENR Administrative Order
No. 97-17
April 29, 1997
SUBJECT : Establishing the Disposition Program
for Confiscated and Donated Wildlife in
the Custody of DENR Wildlife Rescue
Centers and Similar DENR Facilities and
Providing Guidelines Therefor
Pursuant to Executive Order 192, Presidential Decree 705, as
amended and Republic Act 2590, as amended, and in order to ensure the
well-being of confiscated and donated wildlife and enhance their
utilization through useful dispersal, a program on the disposition of
wildlife and wildlife by-products and derivatives, under the custody of
DENR Wildlife Rescue Centers and similar DENR facilities, such as
captive breeding and rehabilitation centers, nurseries, and the like, is
hereby established and guidelines for the implementation of the same is
hereby provided for guidance of all concerned.
Section I. Definition of Terms
The following terms as used in this Order shall be construed to
mean as follows:
1.1 Wildlife — refers to wild forms and varieties of flora and fauna
including bred or propagated individuals, derivatives and by-
products.
1.2 Wildlife by-product — refers to any part taken from wildlife
species such as meat, hides, antlers, fur, feather, feces, internal
organs, roots, trunks, branches, leaves, stems, seeds, flowers,
carapace, and the like, or whole dead body of wildlife in its
340
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
preserved/stuffed state. It also includes items produced out of or
utilizing wildlife or any of its part.
1.3 Derivative — refers to something extracted from wildlife species
such as blood, oils, resin, genes, spores, pollen, and the like; a
compound directly or indirectly produced from wildlife and/or
products produced from wildlife and wildlife by-products;
1.4 Exchange — refers to the act whereby a party binds himself to give
wildlife in consideration of the other party's commitment to give
another or the same species of wildlife.
1.5 Donation — refers to the act of magnanimity whereby a party
disposes wildlife in favor of another party free of charge.
1.6 Loan — the act of granting temporary custody of certain wildlife
for educational and/or scientific research purposes.
1.7 Reintroduction — an attempt of reestablishing the population of a
species or subspecies of wildlife in a location where it has
historically occurred but is now extinct.
1.8 Introduction — refers to the purposeful act of transferring wildlife
by man into an area outside its natural range or where it has not
previously occurred.
1.9 Restocking — the process of replenishing an existing population of
wildlife with additional individuals of the same species or
subspecies within its range;
1.10 Sale — refers to the act of selling wildlife for an agreed price;
1.11 Euthanasia — refers to the practice of killing or putting to death
wildlife in a painless and humane manner.
1.12 Repatriation — refers to the act of returning wildlife, their
products, and/or derivatives to the country of origin.
1.13 Threatened — a general term to denote wildlife which are in
danger of extinction and includes those which are considered as
endangered, vulnerable, rare, indeterminate or insufficiently
known.
341
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
1.14 Captive breeding — refers to the act of producing or propagating
species of wildlife in an environment that is
manipulated/controlled by man. General characteristics of a
controlled environment may include, but not necessarily limited to
artificial housing, waste removal, health care, protection from
predators, and artificially supplied food.
Section II. General Conditions
2.1 Animals that are in heat, pregnant, supporting/suckling a young,
still dependent on the parents for survival, or recuperating from
sickness, injuries or diseases, shall not be subject to disposition
unless otherwise approved by the Secretary, DENR;
2.2 Confiscated wildlife which are subject of judicial proceedings shall
not be disposed of unless proper authority for their disposition is
obtained from the court where the case is filed;
2.3 Euthanasia shall be applied only to animals that are afflicted with
fatal or communicable diseases or are suffering from serious and
severely infected injuries and wounds which are beyond treatment,
or incapacitated due to loss or degeneration of vital organs/parts of
the body as certified to by the designated Veterinarian. In the
absence of a designated Veterinarian in the Regional Offices, any
registered Veterinarian may issue the necessary certification;
2.4 Any species of wildlife including those threatened with extinction
may be loaned to and/or exchanged with other or similar species
with capable DENR-accredited zoos and recognized local and
foreign scientific institutions/academe for the purpose of captive
breeding and/or maintaining the species' genetic viability;
2.5 Release of animals to the wild shall be subject to assessment of the
species' physical health condition, ecological and biological needs,
release site, socio-economic conditions in release site, and post-
342
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
release programme; Provided that recently caught animals may be
released immediately to the capture site upon certification by the
designated/authorized Veterinarian that the same is in good health;
2.6 All wildlife disposed of through loan, re-introduction, introduction
or restocking, including their progenies remain property of the
Philippine government and shall be subject to monitoring and
assessment by DENR thru its concerned Offices and/or authorized
representatives, periodically or whenever deemed necessary;
2.7 Preserved specimens of Philippine wildlife, shall be deposited at
the National Museum of the Philippines or may be donated or
loaned to scientific institutions, academe, local and national
government offices, and local NGOs signifying interest to acquire
same for educational and/or scientific purposes;
2.8 Sale shall be limited to wildlife by products and derivatives, to
species or subspecies which are allowed for commercial
propagation, e.g. orchids, monkeys and butterflies, or rather
species and sub-species as provided under Subsection IV.F of this
Order.
2.9 The ownership of animals disposed of through donation and/or
exchange including the progenies produced after the execution of
deed of donation/exchange shall be conferred to the recipient.
3.0 Local institutions, organizations, agencies, or entities shall be the
priority recipients of wildlife, its by-product, or derivative disposed
of through exchange, loan or donation.
Section III. Accountability
All wildlife, including derivatives and by-products, turned over or
donated to DENR Wildlife Rescue Centers and similar DENR facilities, as
well as accessories accompanying the wildlife, such as, cages, feeders,
stands, and others, must be accounted for in official records. Identification
343
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
number/tag should be assigned to the specimen's permanent record card
which must contain the following information, whenever appropriate and
applicable:
a) Description of the wildlife, including name (scientific, common,
and given names), age and sex;
b) The source (specific site) and date of acquisition;
c) The mode of acquisition (i.e. whether collected from the wild,
purchased, or donated);
d) The place and date of seizure;
e) Accessories accompanying the wildlife, including quantity and
detailed descriptions;
f) The name and address of donor or person from whom the wildlife
was seized;
g) The investigative case file number with which the wildlife was
associated, and investigating body/officer (if confiscated);
h) The date, place and manner of initial disposition;
i) The name of the official responsible for the initial disposition and
the receiving Officer, agency, institution, organization or entity;
j) The condition of the wildlife when turned over/donated.
Section IV. Disposition
4.1 The Director, PAWB or the concerned Regional Executive
Director, and hereinafter referred to as Director, may dispose of
any confiscated and donated wildlife by one of the following
means subject to the processes and limitations provided for in this
Order:
a) Release to the wild/Repatriation
b) use by the DENR Projects or transfer to another government
agency for official use
c) Exchange
d) Loan
344
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
e) Sale
f) Donation
g) Euthanasia
4.2 The Director shall dispose of wildlife according to the following
schedule:
4.2.1 Any wildlife and wildlife by-products and derivatives that
the Director determines as liable to perish, deteriorate,
waste, or greatly decrease in value by keeping, or that the
expense of keeping is disproportionate to its value may be
disposed of immediately;
4.2.2 All other wildlife may be disposed of not earlier than 60
days after forfeiture or donation.
Sub-Section IV.A. Release to the Wild/Repatriation
4.a. 1 Release to the Wild
4.a.1.1 Subject to the release program which shall be established
by the Protected Areas and Wildlife Bureau, any live
species of indigenous wild fauna which is capable of
surviving in the wild may be released through restocking,
reintroduction, or introduction in protected areas within the
species' geographical range in the order in which the
release methods appear in this sentence; Provided,
however, that such release poses no imminent danger to the
local population of wildlife in the area or to public health
and safety; Provided further, that such release is
complementary to the approved plans and programs for the
protected area (release site).
345
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
4.a.1.2 Any live species of native wild flora which is capable of
surviving may be transplanted in suitable habitat within a
protected area in a pre-determined and limited space or
within the historical range of the species with the
permission of the landowner as the case warrants;
4.a.2 Repatriation
4.a.2.1 Any live species of exotic wildlife may be repatriated to
one of the following counties for possible release to their
natural habitat or final disposition in accordance with the
provision of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES):
a) The county of export/origin (if known) after consultation
with and at the expense of such country; or
b) A country within the historic range of the species which is
party to the CITES after consultation with and at the
expense of such country.
4.a.2.2 In the event that the country of origin or country within the
historic range of the species decides not to have the exotic
wildlife repatriated, the Director may have the option to
maintain or dispose them through exchange, donation or
loan, subject to conditions provided for under Sub-sections
IV.C, IV.D and IV.E of this Order and prior clearance from
the country of origin.
346
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
Sub-Section IV.B. Use by DENR Projects or Transfer to Another
Government Agency
4.b.1 Any wildlife may be used by the DENR Projects or transferred to
another government agency, including foreign agencies, for
official use, including but not limited to one or more of the
following purposes:
1) Enhancing the propagation or survival of a species and for
other scientific purposes;
2) Training government officials/employees to enhance their
technical capabilities in the performance of their official
duties;
3) Educating the public concerning the conservation of
wildlife;
4) Conducting law enforcement operations in performance of
official duties;
5) Presenting as evidence in a legal proceeding involving the
wildlife; and,
6) Identification purposes including forensic identification,
taxonomic studies and other scientific researches, subject to
the provisions of Executive Order No. 247, where
appropriate and applicable.
4.b.2 Each transfer and the terms of the transfer must be documented;
4.b.3 The agency receiving or benefiting from the wildlife may be
required to bear all costs of care, storage, and transportation in
connection with such transfer from the date of delivery.
Sub-Section IV.C. Exchange
4.c.1 Any wildlife species may be exchanged with other or similar
species with capable DENR-accredited zoos and recognized local
347
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
and foreign scientific/research/academic institutions for the
following purposes only:
1. To propagate the species for conservation and scientific
research purposes and not in any manner to be used
commercially, including the ensuing progenies; and,
2. To promote genetic heterogenity and/or maintain the
species' genetic viability.
4.c.2 Endemic species at DENR-WRC and similar DENR facilities shall
not be exchanged with exotic species;
4.c.3 Exotic species at DENR-WRC and similar DENR facilities can be
exchanged with endemic species;
4.c.4 Any exchange shall only be made after the execution of a Wildlife
Exchange Agreement between the Director and the other party
concerned, indicating therein the animals subject for exchange and
other conditions as may be mutually agreed upon by both parties;
4.c.5 The ownership of the animals disposed of through exchange,
including the ensuing progenies shall be conferred to the recipient.
Sub-Section IV.D. Donation
4.d.1 Except as otherwise provided for in this Subsection, wildlife may
be donated for scientific, educational, official or public display
purposes to any public or private institution, organization, or
agency, both local and foreign, who demonstrates the ability to
provide adequate care and security for the wildlife or specimen;
Provided that, no live specimens of threatened and CITES
348
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
Appendix I species shall be donated for whatever purpose, unless
authorized by the Secretary, DENR.
4.d.2 Any donation may be made only after execution of a Deed of
Donation document between the Director and the donee, subject to
the following conditions:
1) The purpose for which the wildlife are to be used must be
stated in the deed of donation;
2) Any attempt by the donee to use the donated wildlife for
any other purpose except as stated on the deed of donation
entitles the Director to immediate repossession of the
wildlife without the need of revoking the deed of donation;
3) The donee must pay all costs associated with the donation,
including the costs of care storage, transportation, and
return to the source, if and when the donation has been
cancelled for cause in accordance with item number 9 of
this sub-section;
4) The donee may be required to account periodically for the
donation. Provided, that information relating to the birth or
death of donated wildlife should be provided to the
Director immediately upon the occurrence of said natural
phenomena;
5) The donee is not relieved from the prohibitions,
restrictions, conditions, or requirements which may apply
to a particular species of wildlife imposed by the laws or
regulations of the Philippines or any states, including any
applicable health quarantine, agricultural, or Customs laws
or regulations;
6) Any attempt by the donee to retransfer the donation during
the period specified in the deed of donation within which
the donee may not retransfer the donation without the prior
authorization of the Director, entitles the Director to
immediate repossession of the wildlife;
349
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
7) Subject to applicable limitations of law, duly authorized
DENR Officers and employees at all reasonable times
shall, upon notice, be afforded access to the place where the
donated wildlife is kept and an opportunity to inspect it;
8) Any donation is subject to conditions specified in the
donation document, the violation of which causes the
property to revert to the Philippine Government thru the
DENR;
9) Any donation is lifetime unless cancelled due to violation
of any of the conditions specified in the deed of donation
and provisions of this Order;
4.d.3 Edible wildlife, fit for human consumption, may be donated to a
non-profit, tax-exempt charitable organization/s for use as food,
but not for barter or sale.
Sub-Section IV.E. Loan
4.e.1 Except as otherwise provided for in this Subsection, wildlife may
be loaned for conservation propagation, scientific researches,
educational, official or public display purposes to any institution,
organization, or agency, both local and foreign, who demonstrates
the ability to provide adequate care and security for the wildlife or
specimens; Provided that, threatened and CITES I species of live
individuals shall not be loaned primarily for display purposes only;
4.e.2 Any loan may be made only after the execution of a Wildlife Loan
Agreement between the Director and the borrower, subject to
applicable provisions of Executive Order No. 247 and to the
following conditions, among others:
350
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
1) The purpose for which the wildlife are to be used and the
duration of the loan as may be mutually agreed upon by
concerned parties must be stated in the loan document;
2) Any attempt by the borrower to use the loaned wildlife for
any other purpose except as stated on the loan document
entitles the Director to immediate repossession of the
wildlife without the need of revoking the loan document;
3) The borrower must pay all costs associated with the loan,
including the cost of care storage, transportation, and return
to the source, if and when the loan document has expired
and/or has been cancelled for cause in accordance with
item number 11 of this sub-section;
4) The borrower shall be required to account periodically or
report regularly on the status of the loaned wildlife. Any
mortality resulting from negligence of the borrower as may
be established by an investigating body created by the
Director for the purpose is a sufficient ground for the
cancellation of the loan document and payment of all
expenses relative to the conduct of investigation and value
of the lost wildlife to be determined by the Director. All
revenues derived therefrom shall accrue to the National
Treasury;
5) The borrower is not relieved from the prohibitions,
restrictions, conditions, or requirements which may apply
to a particular species of wildlife imposed by the laws or
regulations of the Philippines or any states, including any
applicable health quarantine, agricultural, or Customs laws
or regulations;
6) Any attempt by the borrower to retransfer the loaned
wildlife during the period specified in the loan document
within which the borrower may not retransfer the loaned
wildlife without the prior authorization of the Director,
entitles the Director to immediate repossession of the
wildlife;
351
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
7) Subject to applicable limitations of law, duly authorized
DENR Officers and employees at all reasonable times
shall, upon notice, be afforded access to the place where the
loaned wildlife is kept and an opportunity to inspect it;
8) Any loan is subject to conditions specified in the loan
agreement, the violation of which causes the immediate
cancellation of the agreement even without prior notice to
the borrower and repatriation of the loaned wildlife at the
expense of the borrower;
9) Any loaned wildlife remains property of the Philippine
government and may be retrieved anytime by the
government as deemed necessary.
Sub-Section IV.F. Sale
4.f.1 Wildlife, by-products and derivatives may be sold or offered for
sale if the Director determines that it is liable to perish, deteriorate,
decay, waste, or greatly decrease in value by keeping, or that the
expense of keeping it is disproportionate to its value.
4.f.2 Wildlife that are allowed for commercial propagation, such as
orchids, monkeys and butterflies may be sold or offered for sale to
legitimate wildlife farm permittees at fair market value.
4.f.3 Other species or subspecies of wildlife may be sold or offered for
sale as determined by the Director, except when at the time it is to
be sold or offered for sale the species/subspecies falls under one of
the following categories:
352
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
4.f.3.1 Protected under Republic Act 2590 of 1916, as amended,
and other existing laws on wildlife conservation;
4.f.3.2 Listed in Appendix I of the Convention on International
Trade of Endangered Species of Wild Fauna and Flora
(CITES);
4.f.3.3 Listed in the International Union for the Conservation of
Nature and Natural Resources (IUCN) Red Data Book of
Endangered Wildlife; and
4.f.3.4 Listed as species for priority concern for protection and
conservation under a DENR Administrative Order.
4.f.4 Sale of wildlife must be in accordance with existing rules and
regulations of the Commission on Audit (COA).
4.f.5 Wildlife purchased at sale are subject to applicable health,
quarantine, agricultural or customs laws or regulations as may be
required by concerned government entity or agency.
4.f.6 The proceeds of sale shall accrue to the Philippine Government
thru the National Treasury, or to the IPAS Trust Fund if
confiscated items are determined to have originated from protected
areas.
Sub-Section IV.G. Euthanasia
Wildlife which are euthanized must be recorded. The fact, manner,
and date euthanasia was applied, as well as the species and/or subspecies
and quantity euthanized must be certified by the official who actually
performed the procedure.
Section V . Other Conditions
5.1 The Protected Areas and Wildlife Bureau is hereby directed to
formulate a release program in accordance with internationally
353
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
lOMoARcPSD|57343640
recognized procedure/protocol in releasing wildlife back to their
natural habitat not later than thirty days (30) from the effectivity of
this Order.
5.2 All Wildlife Rescue Centers and similar DENR facilities should
include environmental enrichment programs in their activities to
prepare the live individuals for their eventual release to their
natural habitat.
SECTION VI . Effectivity and Repealing Clause
This Order takes effect immediately and amends, supersedes or
revokes all Orders, Circulars and Memoranda inconsistent herewith.
(Sgd.) VICTOR O. RAMOS
Secretary
Recommending Approval:
(Sgd.) DELFIN J. GANAPIN
Undersecretary
Environment and Programs Development
(Sgd.) VIRGILIO Q. MARCELO
Undersecretary
Field Operations
(Sgd.) WILFRIDO S. POLLISCO
Director
Protected Areas and Wildlife Bureau
354
Downloaded by Shanelle Napoles (stnapoles.dllo@gmail.com)
