Group raps inclusion of endangered species in Asean-China free trade deal

The inclusion and reduction of tariffs of certain live animals under the Early Harvest Program (EHP) of the ASEAN-China Free Trade Area violates Philippine laws that prohibit the trading of threatened or endangered species, a cause-oriented group said.

The Tambuyog Development Center (TDC), a fisheries non-government organization, said the EHP between China and the Philippines which took effect last month breached certain provisions of Executive Order 485, Republic Act 9147 and Department Order 15 by the Department of Environment and Natural Resources (DENR) which classified these animals as threatened species that cannot be traded.

"Why include critically endangered or endangered animals in the free trade agreement? These articles should have been part of an exclusion list since they cannot be traded according to the law," said TDC chairman Arsenio Tanchuling.

RA 9147, passed in 2001, provides for the conservation and protection of wildlife resources and their habitats. Under Sec. 23, all species classified as threatened cannot be traded and their collection is allowed only for scientific and or breeding propagation purposes.

On the other hand, DAO 15 which was issued in 2004 lists all threatened terrestrial species pursuant to RA 9147.

Tanchuling noted that for live animals under the free trade area agreement with China, dugong, a species listed as "critically endangered" in DAO 15, is included as one of the commodities with tariffs slashed to zero percent.

Under DAO 15, a critically endangered species "refers to a species of subspecies that is facing extremely high risk of extinction in the wild in the immediate future while a threatened species is a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction.

The EHP lists dugong, cockatoo, hawksbill turtle and Philippine pond turtle which are also listed among critically endangered species in DAO 15. Several other turtle species are classified as "endangered" species.

Similarly, corals, whales and dolphins are included in EHP even if the taking of corals is prohibited in Section 91 of the Fisheries Code, also known as Republic Act 8550.

The taking of several species of whales and dolphins, which are classified as endangered or threatened species, is also prohibited in Section 97 of the Code and in Fisheries Administrative Order 208 of the Bureau of Fisheries and Aquatic Resources.

Under the RP-China EHP, the country’s major tropical fruit exports and other agricultural and fishery commodities will now have greater access to Asia’s largest economy.

The EHP among others, calls for the elimination of tariff rates on all agricultural products entering China while commodities from China will also enjoy reduced tariff rates.

Agriculture Secretary Domingo F. Panganiban said earlier that the EHP should be favorable to Philippine agriculture export winners such as coconut oil, including virgin coconut oil, fresh tropical fruits such as mangoes, bananas and pineapples, carrageenan and fishery products.