SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
~S2U 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
t~ \.>, '1" , i" 
......,1 
I, i ' 
~ 
(~ilh(! t,I l\jf' 
,tl'brll 
',tj 
.JUN -8 P -1 :34 
CREATING THE NON-INDIGENOUS SPECIES MANAGEMENT PLAN AND 
LISTING PROCESS FOR NON-NATIVE SPECIES 
EXPLANATORY NOTE 
The Constitution, Article 2, 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. l 
~~ J,~ 
MIRIAM DEF~S~;(NTI¥GO 
t1l 
1 This bill was originally filed in the Thirteenth Congress, Third Regular Session, and re-filed in 
the Fourteenth Congress, First Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENA'lE.. 
S. No. 
i::: is ~ 0 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
, '.-" 
[,I :", i \' 
{It)ttllf ,,~ 11p' ~'\'(Hbq~ 
":) JUN -8 P 4 :34 
CREATING THE NON-INDIGENOUS SPECIES MANAGEMENT PLAN AND 
LISTING PROCESS FOR NON-NATIVE SPECIES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Non-Indigenous 
2 
Species Management Act of2015". 
3 
SECTION 2. Definition of Terms. - For the purposes of this Act, the term: 
4 
A. "Biological control organism" means any species used to control a 
5 
harmful non-indigenous species; 
6 
B. "Control" means eradicating, suppressing, reducing, or managing 
7 
harmful non-indigenous species populations, preventing the spread of 
8 
harmful non-indigenous species from areas where they are present and 
9 
taking steps such as protection and restoration of native species 
10 
populations and habitats to reduce the impacts of harmful non-
11 
indigenous species and to prevent further invasions of harmful non-
12 
indigenous species; 
13 
C. "DENR" means the Department of Environment and Natural 
14 
Resources; 
15 
D. "Secretary" means the Secretary ofthe Department of Environment and 
16 
Natural Resources; 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
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: 
I. 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; 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
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; 
O. "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 13 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 
3 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
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 hannful non-
indigenous species to be carried or moved into, across, or within state 
boundaries, and incl udes 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 
4 


1 
Y. "Unrestricted non-indigenous species" or "unrestricted species" means 
2 
a non-indigenous species that has been designated as an unrestricted 
3 
non-indigenous species in a rule adopted by the Secretary under 
4 
Section 3. Unrestricted species do not require any regulation or 
5 
permitting because they have been evaluated as relatively harmless for 
6 
one or more of the following reasons: low likelihood to survive in 
7 
waters, wetlands, or land areas of the state upon introduction; low level 
8 
of potential impact to the native ecosystem or to resource use; or 
9 
populations already naturalized in the state. 
10 
SECTION 3. Management Authority. - Legal authority shall be granted to the 
11 
Secretary of the Department of Environment and Natural Resources to facilitate the 
12 
prevention of introduction and dispersal of harmful non-indigenous species in the 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
country. 
follows: 
Key responsibilities to be associated with this management authority are as 
A. Interjurisdictionai 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 designation 
of non-indigenous 
species; 
regulatory 
and 
rule-making 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
, , 
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. 
I. 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: 
1. prevent the introduction of harmful non-indigenous 
specIes; 
6 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
E. 
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 Of 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; 
Annual report. By January 15 each year, the Secretary shall submit a 
report on harmful non-indigenous species to the legislative committees 
7 


2 
3 
having jurisdiction over environmental and natural resource issues. The 
report must include: 
I. Detailed information on expenditures for 
administration, 
4 
education, management, inspections, and research; 
5 
2. Detailed information on the loss of state resources due to harmful 
6 
non-indigenous species; 
7 
3. An analysis of the effectiveness of management activities 
8 
conducted in the state, including but not limited to chemical and 
9 
biological control, harvesting, takings, educational efforts, 
10 
inspections, and enforcement actions; 
11 
4. Information on the participation of stakeholders m control 
12 
efforts; 
13 
5. Information on management efforts in other states; 
14 
6. Information on the progress made in the control of each listed 
15 
species; and 
16 
7. An assessment of future management needs. 
17 
SECTION 4. Classification and designation olnon-indigenous species. -
18 
A. Classes. The Secretary shall, as provided in this Act, classify 
19 
non-indigenous species according to the following categories: 
20 
1. Prohibited non-indigenous species, which may not be possessed, 
21 
imported, purchased, sold, propagated, transported, or introduced 
22 
except as provided in Section 4; 
23 
2. 
Restricted non-indigenous species, which may not be introduced 
24 
except as provided in Section 5; and 
25 
3. 
Unrestricted non-indigenous species, which are not subject to 
26 
regulation under this Act; 
8 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
B. 
Criteria. The Secretary shall use the best available science and shall 
consider the following criteria in classifYing species under this Act: 
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 mal(e recommendations to the 
9 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
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 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 determination on the 
petition shall be based on the listing criteria in 3 (B) and 
the listing procedure outlined in Section 3 (C)(1)-(3). 
10 


1 
SECTION 5. Prohibited harmful non-indigenous species.-
2 
A. Prohibited activities. A person may not possess, import, purchase, sell, 
3 
propagate, transport, or introduce a prohibited species, except: 
4 
1. 
Under a permit issued by the Secretary under Section 7; 
5 
2. 
When being transported to the Department, or another 
6 
destination as the Secretary may direct, in a sealed container for 
7 
purposes of identifYing the species or reporting the presence of 
8 
the species; 
9 
3. 
When being transported for disposal as part of a harvest or 
10 
control activity under a permit issued by the Secretary pursuant 
11 
to Section 7 or as specified by the Secretary; 
12 
13 
14 
15 
16 
17 
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 
18 
specimens of prohibited non-indigenous species unlawfully possessed, 
19 
imported, purchased, sold, propagated, transported, or introduced in the 
20 
country. 
21 
SECTION 6. Restricted and unrestricted non-indigenous species.-
22 
23 
24 
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; 
I I 


1 
2 
3 
4 
5 
6 
B. 
Prohibited Aptivities: It is illegal to introduce into waters, wetlands, 
, 
and land areas of the state a restricted species without a permit issued 
i 
by the Secretary; 
C. 
Unrestricted flon-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 
7 
circumstances. 
I 
8 
SECTION 7. Unlisted non-indigenous species.-
I 
9 
A. 
Those species that have not been classified as prohibited, restricted, or 
10 
unrestricted will be considered as unlisted non-indigenous species; 
11 
B. 
Prohibited Activities: It is illegal to import, transport, purchase, 
12 
possess, propagate, sell in the state, or introduce into waters, wetlands, 
13 
and land areas of the state any unlisted non-indigenous species; 
14 
C. 
Application process for the classification and proposed use of the 
15 
unlisted species: A permit application form as prescribed by the 
16 
Secretary must be submitted regarding the proposed use of the unlisted 
17 
species involving its 
import, 
transport, 
purchase, 
posseSSIOn, 
18 
propagation, sale in the state, or introduction into waters, wetlands, and 
19 
land areas of the state. The applicant must present the best available 
20 
scientific information on the unlisted species to support a sound 
21 
management decision regarding its classification and proposed use; 
22 
D. 
Classification and Review Process: The Secretary will make the final 
23 
decision regarding the classification and proposed use of the unlisted 
24 
species based on the following sources ofinfonnation: 
2S 
I. Application of the criteria listed in Section 3 (B) and the listing 
26 
process in Section 3 (C)(l )-(3); 
12 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
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 pennit 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. 
13 


1 
SECTION 9. Rules.-
2 
A. 
Required rules. The Secretary shall adopt rules: 
3 
1. Designating 
prohibited, 
restricted, 
and 
unrestricted 
non-
4 
indigenous species; and 
5 
2. 
Governing the application for and issuance of permits under this 
6 
Act, which may include a fee schedule. 
7 
B. 
Authorized rules. The Secretary may adopt rules regulating the 
8 
possession, importation, purchase, sale, propagation, transport, and 
, 
9 
introduction of non-indigenous species; 
10 
C. 
Expedited rules. The Secretary may adopt rules on an expedited basis 
11 
in accordance with the needs outlined in Section 9 (A). 
12 
SECTION 10. Emergency Action Protocol. -
13 
A. 
Emergency Action Plan: The Secretary shall develop an emergency 
14 
action plan and have the authority to implement the plan in case the 
15 
sighting or emergence of a new non-indigenous species or the impact 
16 
of an existing species necessitates such action. To the extent possible, 
17 
the development and applicability of each state emergency action plan 
18 
should be coordinated with other affected regions, provinces, 
19 
municipalities, and other localities; 
20 
B. 
Protocol for the unintentional introduction of a non-indigenous 
21 
species: A person who allows or causes the introduction of a non-
22 
indigenous species that is prohibited or unlisted shall notifY the 
23 
Secretary or other appropriate management authority within 48 hours 
24 
after learning of the escape. The person shall make every reasonable 
25 
attempt to recapture or contain the introduced species; 
14 


1 
2 
C. 
A person who does not comply with this Section is subject to penalties 
specified in Section 11 (B)(6) Civil Penalties. 
3 
SECTION 11. Enforcement; Penalties. -
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
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: 
I. 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); 
IS 


1 
5. Refusal to obey enforcement requirements for inspection 
2 
operations as established by the Secretary pursuant to Section 2 
3 
(C)( I) Program Implementation; 
4 
6. 
Subsequent offenses in violation of any provision of this 
5 
legislation; and 
6 
7. 
Violations involving permit revocation orders or failure to pay 
7 
fines pursuant to Section 10 (B) Civil Penalties. 
8 
SECTION 12. Appropriations. - The amount necessary to carry out the provisions 
9 
of this Act shall be included in the budget of concerned government agencies in the 
10 
General Appropriations Act of the year following its enactment into law and thereafter. 
11 
SECTION 13. Separability Clause. - If any provision of this Act is held invalid or 
12 
unconstitutional, the same shall not affect the validity and effectivity of the other 
13 
provisions hereof. 
14 
SECTION 14. Repealing Clause. - All laws, decrees, orders, and issuances, or 
15 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
16 
repealed, amended or modified accordingly. 
17 
SECTION 15. EffectiVity Clause. - This Act shaH take effect fifteen (15) days 
18 
after its publication in the Official Gazette or in two (2) newspapers of general 
19 
circulation. 
Approved, 
iaml4June 2015 
16