Notification No. 2005/035 Page 4 A. General Information Party Period Covered in This Report (E.G. 1 January 2003 to 31 December
Total Page:16
File Type:pdf, Size:1020Kb
Notification No. 2005/035 page 4 A. General information Party Period covered in this report (e.g. 1 January 2003 to January 2013 to December 2014 31 December 2004) Details of agency preparing this report Biodiversity Management Bureau Department of Environment and Natural Resources Ninoy Aquino Parks and Wildlife Center, North Avenue, Diliman, Quezon City (CITES Management Authority of the Philippines for terrestrial species) Contributing agencies, organizations or individuals Management Authority, Scientific Authority, Enforcement Authority B. Legislative and regulatory measures 1 Has information on CITES-relevant legislation already been Yes (fully) provided under the CITES National Legislation Project? Yes (partly) If yes, ignore questions 2, 3 and 4. No No information/unknown 2 If any CITES-relevant legislation has been planned, drafted or enacted, please provide the following details: Title and date: Status: Brief description of contents: 3 Is enacted legislation available in one of the working Yes languages of the Convention? No No information 4 If yes, please attach a copy of the full legislative text legislation attached or key legislative provisions that were gazetted. provided previously not available, will send later 5 Which of the following issues are addressed by any stricter domestic Tick all applicable measures adopted for CITES-listed species (in accordance with Article XIV of the Convention)? The conditions for: The complete prohibition of: Issue Yes No No Yes No No information information Trade Taking Possession Transport Other (specify) Notification No. 2005/035 page 5 Additional comments Committing the following acts are also unlawful under Republic Act 9147 (the Philippines Wildlife Resources Conservation and Protection Act of 2001) killing and destroying wildlife species inflicting injury which cripples and/or impairs the reproductive system of wildlife species effecting any of the following acts in critical habitat(s) - dumping of waste products detrimental to wildlife - squatting or otherwise occupying any portion of the critical habitat - mineral exploration and/or extraction - burning - logging - quarrying 6 What were the results of any review or assessment of Tick all applicable the effectiveness of CITES legislation, with regard to the following items? Partially Item Adequate Inadequate No information Inadequate Powers of CITES authorities Clarity of legal obligations Control over CITES trade Consistency with existing policy on wildlife management and use Coverage of law for all types of offences Coverage of law for all types of penalties Implementing regulations Coherence within legislation Other (please specify) Please provide details if available: please see comments in Annex B 7 If no review or assessment has taken place, is one Yes planned for the next reporting period? No No information Please provide details if available: N/A 8 Has there been any review of legislation on the following Tick all applicable subjects in relation to implementation of the Convention? Subject Yes No No information Access to or ownership of natural resources Harvesting Transporting of live specimens Handling and housing of live specimens Please provide details if available: Notification No. 2005/035 page 6 9 Please provide details of any additional measures taken: Only captive-bred/propagated specimens of CITES-listed species produced/grown in legitimate breeding facilities/nurseries (DENR-authorized and CITES-registered facilities, where appropriate) are allowed/permitteed for international trade for commercial purposes. C. Compliance and enforcement measures No Yes No information 1 Have any of the following compliance monitoring operations been undertaken? Review of reports and other information provided by traders and producers Inspections of traders, producers, markets Border controls Other (specify): 2 Have any administrative measures (e.g. fines, bans, suspensions) been imposed for CITES-related violations? 3 If Yes, please indicate how many and for what types of violations. If available, please attach details. Suspension in the processing/non-processing of permit applications; two Suspension in the issuance of permits was imposed to: a) one bird trader who was allegedly involved in the falsification of CITES document issued by the Philippine-CMA b) one flora trader who was involved in the alleged shipment of specimens not included in the Permit issued by Philippine-CMA 4 Have any significant seizures, confiscations and forfeitures of CITES specimens been made? 5 If information available: Number Significant seizures/confiscations 1797 heads of wild fauna; Total seizures/confiscations 9259 pieces of wildlife by- products and derivatives; 2 If possible, please specify per group of species or attach sacks of marine turtle meat; details. (please see attached Annex A for further details) ten (10) kg of pangolin scales 6 Have there been any criminal prosecutions of significant CITES-related violations? 7 If Yes, how many and for what types of violations? If available, please attach details as Annex. four (4) criminal prosecutions (please see attached Annex B for further details) 8 Have there been any other court actions of CITES-related violations? Notification No. 2005/035 page 7 9 If Yes, what were the violations involved and what were the results? Please attach details as Annex. Please see Annex B 10 How were the confiscated specimens usually disposed of? Tick if applicable – Return to country of export – Public zoos or botanical gardens – Designated rescue centres – Approved, private facilities – Euthanasia – Other (specify): 1) Donated to National Museum of the Philippines for scientific/educational purposes 2) Released back to the natural habitat (for Philippine indigenous/endemic species only) Comments: 11 Has detailed information been provided to the Secretariat Yes on significant cases of illegal trade (e.g. through an No ECOMESSAGE or other means), or information on convicted illegal traders and persistent offenders? Not applicable No information Comments: Through the National Ivory Action Plan (NIAP) Implementation status reports submitted to the CITES Secretariat 12 Have there been any cooperative enforcement activities with Yes other countries (e.g. exchange of intelligence, technical support, No investigative assistance, joint operation, etc.)? No information 13 If Yes, please give a brief description: Repatriation of Philippine species (philippine pond turtle, asian box turtle, sailfin lizard, mindanao water monitor, and reticulated python) from Hong Kong on February 8, 2012 and June 14, 2012. The specimens were smuggled from the Philippines by a Chinese national, Zhang Wen Wei. 14 Have any incentives been offered to local communities to assist Yes in the enforcement of CITES legislation, e.g. leading to the arrest No and conviction of offenders? No information 15 If Yes, please describe: contractual employment as wardens; biodiversity-friendly enterprises as source of livelihood 16 Has there been any review or assessment of CITES-related Yes enforcement? No Not applicable No information Comments: In terms of local groups/syndicates involved; route and modus operandi of illegal traders Notification No. 2005/035 page 8 17 Please provide details of any additional measures taken: 1) Creation of Enforcement Division in all DENR-Regional Offices as part of organizational structure of the Department 2) Institution of the Philippine Operations Group on Ivory and Illegal Wildlife Trade since 2013 3) Destruction of more than 4 tons of the government stockpiles of confiscated ivory in June 2013 4) Granting of Wildlife Law Enforcement Awards (started in 2013) 5) Designation of WEOs/WTMUs to strengthen wildlife trade monitoring as well as compliance monitoring of traders to existing regulations 6) Development and distribution of the Wildlife Law Enforcement Manual of Operations (WLE-MOP) ro enforcement partners, including local government units and the civil society D. Administrative measures D1 Management Authority (MA) 1 Have there been any changes in the designation of or contact Yes information for the MA(s) which are not yet reflected in the CITES No Directory? No information 2 If Yes, please use the opportunity to provide those changes here. 3 If there is more than one MA in your country, has a lead Yes MA been designated? No No information 4 If Yes, please name that MA and indicate whether it is identified as the lead MA in the CITES Directory. 5 How many staff work in each MA? eight (8) including Division Chief 6 Can you estimate the percentage of time they Yes spend on CITES-related matters? No No information If yes, please give estimation: 4 hours/day 7 What are the skills/expertise of staff within the MA(s)? Tick if applicable – Administration – Biology – Economics/trade – Law/policy – Other (specify): Enforcement – No information 8 Have the MA(s) undertaken or supported any research activities Yes in relation to CITES species or technical issues (e.g. labelling, No tagging, species identification) not covered No information in D2(8) and D2(9)? Notification No. 2005/035 page 9 9 If Yes, please give the species name and provide details of the kind of research involved. N/A 10 Please provide details of any additional measures taken: N/A D2 Scientific Authority (SA) 1 Have there been any changes in the designation of or contact Yes information for the SA(s) which are not yet reflected in the CITES No Directory? No information 2 If Yes, please use the opportunity to provide those changes here. 3 Is