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House OKs measure on conservation of wildlife resources, habitat

August 17, 2023 Ryan Ponce Pacpaco 133 views

UNITING behind the imperative to protect the country’s fauna and flora, the House of Representatives on Wednesday approved by unanimous vote of 276 House Bill (HB) No. 8586 or “An Act Providing Stronger Measures for the Conservation and Protection of Wildlife Resources and their Habitats.”

With over 160 lawmakers listed as its principal authors, HB 8586 is a consolidation of 12 separate bills of similar intent. It repealed Republic Act no. 9147 or the “Wildlife Resources Conservation and Protection Act,” and appropriated funds for the implementation of the new law.

“It shall be the policy of the State to conserve and protect the country’s wildlife resources and their habitats for sustainability and to promote ecological balance, enhance biological diversity, and ensure the provision of ecosystem services,” the bill stated.

Speaker Martin G. Romualdez, leader of the 312-member House of Representatives, emphasized the urgent need for the enactment of the measure, noting the country’s wildlife and natural habitats are under threats from urbanization, destruction, illegal poaching, pollution, and climate change.

The measure regulates the collection, possession, use and trade of wildlife, wildlife by-products, and derivatives; and pursues Philippine international commitments to the protection of wildlife and their habitats and on the fair and equitable sharing of the benefits from lawful use of wildlife genetic resources.

The measure encourages the conduct of scientific studies on conservation of biological diversity and sustainable use of wildlife resources, promotes full awareness of wildlife conservation and protection; and strengthens global efforts to stop transnational wildlife trade and trafficking by organized crime.

The law “applies to all wildlife species found in all areas of the country, including exotic species which are subject to trade, are bred or cultured in captivity or propagated in the country.”

Some of the principal authors of the bill are Reps. Elipidio Barzaga Jr., Elizaldy Co, Joey Salceda, Alfelito Bascug, Eddiebong Plaza, Luis Raymund Villafuerte, Anthony Horibata, Gloria Macapagal-Arroyo, Robert Ace Barbers, Rufus Rodriguez, Jude Acidre, and Majority Leader Manuel Jose “Mannix” Dalipe.

Among others, HB 8586 makes it unlawful for any person to undertake, or induce, solicit, or employ another person to kill or destroy wildlife species, including causing death or destruction, except in certain justified circumstances.

Prohibited acts under the measure include the following: 1. Injuring, crippling, or impairing the reproductive system of wildlife species; 2. Damaging or disturbing wildlife habitat; 3. Introduction, reintroduction, or restocking of wildlife resources; 4. Trading or attempting to trade wildlife, wildlife by-products, and derivatives; 5. Collecting, hunting or possessing wildlife, wildlife by-products, and derivatives; 6. Gathering or destroying of active nests, nest trees, host plants, and the like; 7. Maltreating or inflicting other injuries; 8. Transporting of wildlife without the appropriate, valid permits, clearances, agreements or certificates; and, 9. Wildlife laundering.

HB 8586 penalizes wildlife trafficking, committed when certain of the prohibited acts are committed by a syndicate or on a large scale, or the wildlife is exported to or imported from another country through the connivance of several persons.

However, certain activities such as collection or possession of wildlife, import/export, or research on wildlife may be allowed subject to compliance with specific requirements and issuance of necessary permits from concerned agencies.

The maximum penalty imposed for the commission of the prohibited acts is imprisonment of not less than 12 years and one day but not more than 20 years and a fine of not less than ₱200,000 but not more than P2 million, or both.

On the other hand, the least of the offenses under the Act carries with it the penalty of imprisonment of not less than 1 day but not more than 10 days, or a fine of not less than ₱500.00 but not more than ₱2,000.00 or both.

Under the measure, any prohibited act committed on each wildlife specimen shall be counted separately and imposition of penalties shall be qualified and the maximum penalty shall be imposed if the prohibited act committed involves:

(a) More than one (1) specimen of a critically endangered species;

(b) More than five (5) specimens of an endangered species;

(c) More than eight (8) specimens of a vulnerable species;

(d) More than ten (10) specimens of a near-threatened species;

(e) More than fifteen (15) specimens of other wildlife species;

(f) More than twenty (20) wildlife specimens of any classification.

If the prohibited act is committed on a large scale or by a syndicate, the penalty of twice the maximum penalty shall be imposed.

A prohibited act is deemed large-scale when the total number of wildlife specimens involved is more than thirty and deemed committed by a syndicate if more than three persons are involved.

Civil action for the recovery of civil liability arising from the offense charged shall be included in the criminal action or may be separately filed.

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