Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 16, provides: 
The State shall protect and advance the right of the people to a 
balanced and healthful ecology in accord with the rhythm and harmony of 
nature. 
Invasive species refers are non-indigenous species that are rapidly expanding 
outside of their native range. Invasive species can alter ecological relationships among 
native species and can affect ecosystem function and human health. A species is regarded 
as invasive if it: (1) has been introduced by human action to a location where it did not 
previously occur naturally, (2) becomes capable of establishing a breeding population in 
the new location without further intervention by humans, and (3) spreads widely 
throughout the new location. Because of its effects on biodiversity, agriculture, forestry, 
as well as tourism, the introduction of these harmful non-indigenous species wreaks 
havoc to the nation's economy and the livelihood of millions of Filipinos. 
This bill will provide both coordination among agencies and a comprehensive 
management program to tackle invasive species prevention, monitoring, control, and 
enforcement. This is a comprehensive management legislation that directs the 
Department of Environment and Natural Resources to establish a comprehensive 
management program that includes strategic planning, educational programs, regional 
coordination, prevention, monitoring, control, and enforcement mechanisms. The DENR 
Secretary shall also prepare a long-term plan to implement this program. Finally, the bill 
provides specific criteria for creating a list of non-indigenous species according to the 
species' risk of or demonstrated damage to native ecosystems or resource utilization. This 


list provides the basis for prohibited and restricted use or introduction of the species 
within the state. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
Third Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
LISTING PROCESS FOR NON-NATIVE SPECIES. 
CREATING THE NON-INDIGENOUS SPECIES MANAGEMENT PLAN AND 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act may be cited as the “Non-Indigenous Species 
Management Act of 2007.” 
SECTION 2. DeJinitions. - For the purposes of this chapter, the following terms 
have the meanings given them. 
(A) 
“Biological control organism” means any species used to control a 
harmful non-indigenous species; 
(B) 
“Control” means eradicating, suppressing, reducing, or managing 
harmful non-indigenous species populations, preventing the spread of 
harmful non-indigenous species from areas where they are present and 
taking steps such as protection and restoration of native species 
populations and habitats to reduce the impacts of harmful non-indigenous 
species and to prevent further invasions of harmful non-indigenous 
species. 
(C) 
“DENR means the Department of Environment and Natural 
Resources; 
(D) 
“Secretary” means the Secretary of the Department of Environment 
and Natural Resources; 


(E) 
“Dispersal” refers to the natural or human-related spread of non- 
indigenous species from one water, wetland, or land area to other waters, 
wetlands, or land areas; 
(F) 
“Established” means, when used in reference to a species, occurring as 
a reproducing, self-sustaining population in an open ecosystem; 
(G) 
“Importation” means the act of bringing or introducing species into 
any place subject to the authority of the state or other appropriate 
jurisdictions from outside of the geographical borders of the state; 
(H) 
“Intentionally” means to purposely or knowingly commit an act, such 
as an introduction, release, transportation, importation, or exportation; 
(I) 
“Introduction” means the intentional or unintentional release, escape, 
dissemination, or placement of a species into an ecosystem as a result of 
human activity; 
(J) 
“Harmful non-indigenous species” means a non-indigenous species 
that can naturalize and either: 
1) Causes or may cause displacement of, or otherwise threaten native 
species in their natural communities or ecosystems; or 
2) Threatens or may threaten natural resources or their use in the 
state; 
(K) 
“Manage” means to prevent new harmful non-indigenous species 
introductions into the state; to limit the dispersal of established harmful 
non-indigenous species populations into uninfested land areas, wetlands, 
and waters of the state; and to abate harmful ecological, economic and 
public health impacts resulting from the introduction, dispersal, or 
presence of harmful non-indigenous species in the state; 
(L) 
“Native species” refer to any species originally living, growing, or 
produced in an ecosystem within its historic range; 


(M) 
“Naturalized” refers to a non-indigenous species that is established as 
a self-sustaining population through natural reproduction in the wild 
outside its native range; 
(N) 
“Non-indigenous species” means any non-native plant, animal, or 
other viable biological material that enters and disperses in an ecosystem 
beyond its native range; 
(0) “Permit” means a written authorization, including by electronic 
methods, by the Secretary to propagate, possess, import, purchase, or 
transport species under conditions prescribed by the Secretary pursuant to 
this Act; 
(P) 
“Possession” means having direct physical control of a species at a 
given time or having both the power and intention to exercise dominion or 
control of a species either directly or through another person or persons; 
(Q) 
“Prevent” means to identify and interrupt pathways by which harmful 
non-indigenous species can be imported, introduced, and dispersed; 
(R) 
“Prohibited non-indigenous species’’ or “prohibited species” means a 
harmful non-indigenous species that has been designated as a prohibited 
non-indigenous species in a rule adopted by the Secretary under Section 3. 
Prohibited species are designated for their harmful impact to native 
species, ecosystems, and natural resources of the state; 
(S) “Restricted non-indigenous species” or “restricted species” means a 
harmful non-indigenous species that has been designated as a restricted 
non-indigenous species in a rule adopted by the Secretary under Section 
3. Restricted species are subject to permitting and regulations deemed 
appropriate by the Secretary; 
(T) 
“Species” means a group of organisms all of which have a high degree 
of physical and genetic similarity, generally interbreed only among 
themselves, and show persistent differences from members of allied 
groups of organisms. The term “species” includes any subspecies of 


animal, plant, or biological material, and any distinct population segment 
of any species or animal, plant, or biological material which interbreeds 
when mature; 
(U) 
“Stakeholders” include, but are not limited to, local government 
agencies, academic institutions, the scientific community, regional 
entities, non-governmental entities including environmental, agricultural 
and conservation organizations, trade groups, commercial interests, and 
private landowners; 
(V) 
“Stocking” means the intentional introduction of any life stage of a 
plant or animal into public or private lands, wetlands, or waters of the 
state; 
(W) 
“Transport” means to cause or attempt to cause a harmful non- 
indigenous species to be carried or moved into, across, or within state 
boundaries, and includes accepting or receiving the species for 
transportation or shipment; 
(X) 
“Unlisted non-indigenous species” or “unlisted species” refers to those 
non-indigenous species that have not been designated as a prohibited non- 
indigenous species, a restricted non-indigenous species, or an unrestricted 
non-indigenous species in a rule adopted by the Secretary under Section 3; 
and 
(Y) 
“Unrestricted non-indigenous species” or “unrestricted species” means 
a non-indigenous species that has been designated as an unrestricted non- 
indigenous species in a rule adopted by the Secretary under Section 3. 
Unrestricted species do not require any regulation or permitting because 
they have been evaluated as relatively harmless for one or more of the 
following reasons: low likelihood to survive in waters, wetlands, or land 
areas of the state upon introduction; low level of potential impact to the 
native ecosystem or to resource use; or populations already naturalized in 
the state. 


SECTION 3. Manugement Authority. - Legal authority shall be granted to the 
Secretary of the Department of Environment and Natural Resources to facilitate the 
prevention of introduction and dispersal of harmful non-indigenous species in the 
country. Key responsibilities to be associated with this management authority are as 
follows: 
(A) Interjurisdictional agreements: The Secretary shall seek cooperation, as 
appropriate, with regional, provincial, and municipal and with other 
agencies and organizations for the administration of any program 
established herein. 
(B) The Secretary shall establish a nationwide program to prevent and curb the 
spread of harmful non-indigenous species. In addition, the Secretary shall 
develop and implement programs that are compatible with existing 
legislation 
(C) Program Implementation: 
(1) The following mechanisms shall be authorized and utilized to 
facilitate program implementation: classification and designatio11 
of 
non-indigenous 
species; regulatory 
and 
rule-making 
provisions; monitoring mechanisms; research projects; permit 
and inspection procedures; enforcement and penalty stipulations; 
information and education activities; funding mechanisms; 
restoration of native species and habitat; regulation of biological 
control agents; incentives for private landowners; and emergency 
action protocols. 
(2) The Secretary is authorized to utilize the following detection and 
enforcement mechanisms: seizure, quarantine, and disposal of 
prohibited, restricted, and unlisted species. The Secretary is 
authorized only in the case of emergency to bypass notice 
periods for entering private lands. 


(3) The Secretary is authorized to routinely and systematically 
survey private and public lands for the presence of non- 
indigenous species and to map non-indigenous species locations 
and those areas particularly at risk for non-indigenous species. 
(D)Regional Office Duties. 
(1) Each DENR Regional Office whose actions may affect the status 
of harmful non-indigenous species shall, to the extent practicable 
and permitted by law: 
(a) identify such actions; 
(b) subject to the availability of appropriations, and within 
DENR budgetary limits, use relevant programs and 
authorities to: 
(i) 
prevent the introduction of harmful non-indigenous 
species; 
(ii) 
detect and respond rapidly to 
and 
control 
populations of such species in a cost-effective and 
environmentally sound manner; 
(iii) 
monitor 
non-indigenous 
species 
populations 
accurately and reliably; 
(iv) 
provide for restoration of native species and habitat 
conditions in ecosystems that have been invaded; 
(v) 
conduct research on non-indigenous species and 
develop technologies to prevent introduction and 
provide for environmentally sound control of harmful 
non-indigenous species; and 
(vi) 
promote public 
education on harmful non- 
indigenous species and the means to address them; and 
(c) not authorize, fund, or carry out actions that it believes are 
likely to cause or promote the introduction or spread of 


harmful non-indigenous species in the country unless, 
pursuant to guidelines that it has prescribed, the agency has 
determined and made public its determination that the 
benefits of such actions clearly outweigh the potential harm 
caused by invasive species; and that all feasible and 
prudent measures to minimize risk of harm will be taken in 
conjunction with the actions. 
(E)Annual report. By January 15 each year, the Secretary shall submit a 
report on harmful non-indigenous species to the legislative committees 
having jurisdiction over environmental and natural resource issues. The 
report must include: 
(1) Detailed information on expenditures for administration, 
education, management, inspections, and research; 
(2) Detailed information on the loss of state resources due to harmful 
non-indigenous species; 
(3) An analysis of the effectiveness of management activities 
conducted in the state, including but not limited to chemical and 
biological control, harvesting, takings, educational efforts, 
inspections, and enforcement actions; 
(4) Information on the participation of stakeholders in control 
efforts; 
(5) Information on management efforts in other states; 
(6) Information on the progress made in the control of each listed 
species; and 
(7) An assessment of future management needs. 
SECTION 4. Classijkation and designation of non-indigenous species. - 
(A)Classes. The Secretary shall, as provided in this chapter, classify non- 
indigenous species according to the following categories: 


(1) Prohibited non-indigenous species, which may not be possessed, 
imported, purchased, sold, propagated, transported, or introduced 
except as provided in Section 4; 
(2) Restricted non-indigenous species, which may not be introduced 
except as provided in Section 5 ;  and 
(3) Unrestricted non-indigenous species, which are not subject to 
regulation under this chapter. 
(B)Criteria. The Secretary shall use the best available science and shall 
consider the following criteria in classifying species under this chapter: 
(1) Whether a species is native or non-indigenous; 
(2) The likelihood that the species, upon introduction, will survive, 
naturalize, and spread to other land areas, wetlands, or waters of 
the state; 
(3) The magnitude of adverse impacts of the species on native 
species and ecosystems on the environment and uses of natural 
resources in the state, including the following: the health and 
population stability of native species, the natural ecosystem and 
long-term genetic integrity of native species, human health, 
recreation, commercial enterprises, industrial land and water- 
users, and other appropriate user groups; 
(4) The technical and economic feasibility of eradicating or 
controlling the spread of the species once it is introduced in the 
state; 
(5) Whether the species carries any known diseases, parasites or any 
non-indigenous species or other viable biological materials; and 
(6) Other criteria the Secretary deems appropriate. 
(7) Biological control agents are equally subject to classification, 
although the Secretary may consider their utility in controlling 
other non-indigenous species. 


(C) The Listing Process. 
(1) A technical advisory committee, appointed by the Secretary, 
shall be formed to assist and make recommendations to the 
Secretary as to the listing of non-indigenous species according to 
the classifications above. 
(2) The list of classified non-indigenous species will include both 
common and scientific names, and authority and source of 
nomenclature. 
(3) The list of classified non-indigenous species shall be publicized 
among appropriate target groups within the state through the 
register, record, and other mechanisms. The list shall be available 
for public comment for a period of thirty (30) days prior to the 
Secretary’s approval. The Secretary shall consider public 
comments before final approval of the list of classified non- 
indigenous species. 
(4) The list of classified non-indigenous species shall be updated 
annually and as the Secretary sees fit according to the criteria in 
this Section. 
(5) Any person may petition the Secretary to add or change the 
classification of listed species. 
(a) In the case of a petition submitted under this Section, the 
Secretary shall act on the petition within a reasonable 
time and notify the petitioner of the final action the 
Secretary takes on the petition. The Secretary’s 
deteiinination on the petition shall be based on the listing 
criteria in 3 (B) and the listing procedure outlined in 
Section 3 (C)(l)-(3). 


SECTION 5. Prohibited harmful non-indigenous species. - 
(A)Prohibited activities. A person may not possess, import, purchase, sell, 
propagate, transport, or introduce a prohibited species, except: 
(1) Under a permit issued by the Secretary under Section 7; 
(2) When being transported to the Department, or another destination 
as the Secretary may direct, in a sealed container for purposes of 
identifying the species or reporting the presence of the species; 
(3) When being transported for disposal as part of a harvest or control 
activity under a permit issued by the Secretary pursuant to Section 
7 or as specified by the Secretary; 
(4) When the specimen has been lawfully acquired dead and, in the 
case of plant species, all seeds are removed or are otherwise 
secured in a sealed container; 
(5) In the form of herbaria or other preserved specimens; 
(6) As the Secretary may otherwise prescribe by rule. 
(B) Seizure. The Secretary may order the seizure or disposal of all specimens 
of prohibited non-indigenous species unlawfully possessed, imported, 
purchased, sold, propagated, transported, or introduced in the country. 
SECTION 6. Restvicted and unrestvicted non-indigenous species. - 
(A) Permitted Activities: Restricted species are legal to import, transport, 
purchase, possess, propagate, and sell unless restricted by the species’ 
regulations pursuant to Section 7. 
(B) Prohibited Activities: It is illegal to introduce into waters, wetlands, and 
land areas of the state a restricted species without a permit issued by the 
Secretary. 
(C) Unrestricted non-indigenous species refers to those species that have been 
evaluated as relatively harmless and therefore do not require any 
regulation or permitting for beneficial uses or under other circumstances. 


SECTION 7. Unlisted non-indigenous species. - 
(A) Those species that have not been classified as prohibited, restricted, or 
unrestricted will be considered as unlisted non-indigenous species. 
(B) Prohibited Activities: It is illegal to import, transport, purchase, possess, 
propagate, sell in the state, or introduce into waters, wetlands, and land 
areas of the state any unlisted non-indigenous species. 
(C) Application process for the classification and proposed use of the unlisted 
species: A permit application form as prescribed by the Secretary must be 
submitted regarding the proposed use of the unlisted species involving its 
import, transport, purchase, possession, propagation, sale in the state, or 
introduction into waters, wetlands, and land areas o f  the state. The 
applicant must present the best available scientific information on the 
unlisted species to support a sound management decision regarding its 
classification and proposed use. 
(D)Classification and Review Process: The Secretary will make the final 
decision regarding the classification and proposed use of the unlisted 
species based on the following sources of information: 
(1) Application of the criteria listed in Section 3 (B) and the listing 
process in Section 3 (C)(l)-(3); 
(2) A review of the application for the proposed use of the unlisted 
species; and 
(3) Technical advisory committee recommendations. 
(E) For those species for which the technical advisory committee or the 
Secretary determine that the best available science is inadequate to make a 
sound decision regarding classification and proposed use of the unlisted 
species, the unlisted species shall remain an unlisted species pending 
further information. 


(F) Notification: The applicant will be notified of the Secretary’s final 
decision regarding the proposed use of the unlisted species. 
SECTION 8. Permits. - 
(A) Prohibited non-indigenous species. The Secretary may issue a permit for 
the propagation, possession, importation, purchase, or transport of a 
prohibited non-indigenous species for the purposes of disposal, control, 
research, or education. 
(B) Restricted non-indigenous species. The Secretary may issue a permit for 
the introduction of a restricted non-indigenous species. 
(C) Standard. The Secretary may issue a permit under this Section only if the 
Secretary determines that the permitted activity would not pose an 
unreasonable risk of harm to native ecosystems or natural resources or 
their use in the state. The Secretary may deny, issue with conditions, 
modify, or revoke a permit under this Section as necessary to ensure that. 
the proposed activity will not pose an unreasonable risk of harm to the 
native ecosystem or the natural resources or their use in the state. 
(D)Appeal of permit decision. A permit decision may be appealed as a 
contested case under this act. 
SECTION 9. Rules. - 
(A)Required rules. The Secretary shall adopt rules: 
(1) Designating prohibited, restricted, and unrestricted non-indigenous 
species; and 
(2) Governing the application for and issuance of permits under this 
act, which may include a fee schedule. 
(B) Authorized rules. The Secretary may adopt rules regulating the possession, 
importation, purchase, sale, propagation, transport, and introduction of 
non-indigenous species. 


(C)Expedited rules. The Secretary may adopt rules on an expedited basis in 
accordance with the needs outlined in Section 9 (A). 
SECTION 10. Emergency Action Protocol. - 
(A) Emergency Action Plan: The Secretary shall develop an emergency action 
plan and have the authority to implement the plan in case the sighting or 
emergence of a new non-indigenous species or the impact o f  an existing 
species necessitates such action. To the extent possible, the development 
and applicability of each state emergency action plan should be 
coordinated with other affected regions, provinces, municipalities, and 
other localities. 
(B) Protocol for the unintentional introduction of a non-indigenous species: A 
person who allows or causes the introduction of a non-indigenous species 
that is prohibited or unlisted shall notify the Secretary or other appropriate 
management authority within 48 hours after learning of the escape. The 
person shall make every reasonable attempt to recapture or contain the 
introduced species. 
(C) A person who does not comply with this Section is subject to penalties 
specified in Section 11 (B)(6) Civil Penalties. 
SECTION 11. Enforcement; Penalties. - 
(A) Enforcement authority: The provisions adopted in this legislation will be 
enforced based on the authority established in Section 3 and implemented 
by DENR Regional Directors. 
(B)Civil penalties: A person shall be issued a warning or assessed a civil 
penalty if engaging in conduct that violates regulatory provisions in the 
following Sections: 
(1) Section 4. Prohibited harmful non-indigenous species; 


(2) Section 5. Restricted and unrestricted non-indigenous species; 
(3) Section 6. Unlisted non-indigenous species; 
(4) Section 7. Permits; 
(5) Section 8. Rules; and 
(6) Failure to comply with the protocol for the escape of non- 
indigenous species as specified in Section 9. 
(C)Criminal penalties: A person shall be assessed a criminal penalty if 
engaging in the following acts of conduct: 
(1) Violation of provisions pertaining to prohibited non-indigenous 
species, as specified in Section 4 (A); 
(2) Noncompliance with permit requirements pertaining to use of 
prohibited non-indigenous species, as specified in Section 7 (A); 
(3) Violation of provisions pertaining to restricted species as specified 
in Section 5 (B); 
(4) Violation of provisions pertaining to unlisted non-indigenous 
species as specified in Section 6 (B); 
( 5 )  Refusal to obey enforcement requirements for inspection 
operations as established by the Secretary pursuant to Section 2 
(C)(l) Program Implementation; 
(6) Subsequent offenses in violation of any provision of this 
legislation; and 
(7) Violations involving permit revocation orders or failure to pay 
fines pursuant to Section 10 (B) Civil Penalties. 
SECTION 12. Appropriations. - The amount necessary to carry out the 
provisions of this Act shall be included in the budget of concerned government agencies 
in the General Appropriations Act of the year following its enactment into law and 
thereafter. 


SECTION 13. Repealing Clause. 
- All laws, decrees, executive orders, 
administrative orders or parts thereof inconsistent with the provisions of this Act are 
hereby repealed, amended or modified accordingly. 
SECTION 14. Separability Clause. - If any provision of this Act is held invalid 
or unconstitutional, other provisions not affected thereby shall continue to be in full force 
and effect. 
SECTION 15. Eflectivity Clause. - This Act shall take effect fifteen (15) days 
following its complete publication in the Official Gazette or in at least two (2) 
newspapers of general circulation. 
Approved, 
/ptmt 28May07