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ENVIRONMENTAL
LEGISLATION FOR WILDLIFE
PROTECTION
By: MR. ALLAN RODRIGO BALANG
PRINCIPAL ASSISTANT DIRECTOR, ENFORCEMENT DIVISION,
DEPT OF WILDLIFE & NATIONAL PARKS
PENINSULAR MALAYSIA
FORUM ON ENVIRONMENTAL LEGISLATION ON 14TH MAY 2015
DWNP Background
1896• The first wildlife related law established in Malaysia
1902• Chior Wildlife Reserve, Perak was established
1932
• Wildlife Commission of Malaya of Malaya Report recommends the creation of a Federal agency & national park
1937
• DWNP HQ created with the appointment of Captain Ritchie as the first Chief Game Warden (Director General)
1955
• The Wild Animals and Wild Birds Protection Ordinance was passed and adopted by State governments
1972
• State DWNPs federalized following the enactment of the Protection of Wildlife Act in 1972
2010• Wildlife Conservation Act 2010 [Act 716] was gazetted
DWNP Objectives
• Protection, management and preservation of biodiversity for optimum benefits1
• Protection and development of protected areas for research, education, economic, aesthetic, recreation and ecological purposes
2
• Enhancement of knowledge, awareness and public support on the needs and importance of biodiversity conservation.
3
MANDATES
Wildlife Conservation Act 2010 [Act 716]
International Trade in Endangered
Species Act 2008 [Act 686]
National Parks Act 1980 [Act 226]
Taman Negara Enactments
1938/39
LEGISLATION
DWNP Jurisdiction
WILDLIFE CONSERVATION ACT
2010 [ACT 716]
- Gazetted on 04th November 2010
- Enforced by DWNP since 28th December
2010
- Heavy penalties and punishments
- Include provisions on animal welfare &
cruelty, zoos & wildlife exhibitions
Wildlife Conservation Act 2010 [Act 716]
Under the Wildlife Conservation Act 2010 [Act 716] there are two levels of wildlife
listed in the tables. First Schedule is a list of protected wildlife species and the Second
Schedule is a list of wildlife species that are totally protected.
ClassFirst Schedule
(Protected)
Second
Schedule
(Totally
Protected)
Total
Mammals 220 273 493
Birds 383 1007 1390
Reptiles 314 97 411
Amfibians 37 10 47
Arachnida 17 1 18
Insects 82 4 86
Gastropoda 1 1 2
Total 1054 1393 2447
INTERNATIONAL TRADE IN
ENDANGERED SPECIES ACT 2008
[Act 686]
- There are 7 Management Authorities
- Impose punishment based on quantity/
volume.
CITES Background in Malaysia
•Malaysia had signed the Convention on InternationalTrade In Endangered Species of Wild Fauna and Flora(CITES) in Washington DC, United States on 3rd March1973 and ratified on the 20th October 1977.
•This came into force on the 18th January 1978 andMalaysia became the 38th country to be party of CITES.
•On 14th February 2008, the National Law on CITESnamely International Trade In Endangered Species Act2008 [Act 686] was gazzeted and the act came into forceon 28th December 2009.
Class Appendix I Appendix II Appendix III Total
Mammals 190 119 56 365
Birds 165 378 34 577
Reptiles 59 116 28 203
Amfibians 9 11 0 20
Arachnida 0 6 0 6
Insects 4 8 1 13
Hirudinoidea 0 1 0 1
Gastropoda 1 1 0 2
Total 428 640 119 1187
Number of species controlled under the International Trade in Endangered
Species Act 2008 [Act 686]
International Trade in Endangered Species Act
2008 [Act 686]
Summary Of INTESA 2008 [Act 686]
• This act was drafted in accordance with Article VIII of the Conventionand its purpose is to implement CITES in Malaysia.
• Gazzeted on 14th February 2008 and came into force on 28thDecember 2009.
• Main activities covered under this act:
Import, Export and Re-Export
Introduction from the sea
Species in transit
Captive Breeding and Artificial Propagation of scheduled species.
Regulations Under
Act 686
• All species listed in CITES Appendices are listed under Schedule 3
of this act.
• Penalties under this act is maximum fine up to 1 million Ringgit or
imprisonment not exceeding 7 years for individual offender and fine
up to 2 million Ringgit for corporate body.
Permit, Certificate, Registration and Fees Regulations 2009
Rescue Centre Regulations 2009
Compounding of Offences Regulations 2010
Summary Of INTESA 2008 [Act 686]
Sabah
Fisheries Dept
Malaysian
Timber
Industry Board
(MTIB)
Dept of
Fisheries
(DoF)
Sabah
WILDLIFE Dept
Dept of
Agriculture
(DoA)
Dept of Wildlife &
National Parks
(DWNP)
Sarawak
Forestry Dept
Forest
Research
Institute
Malaysia
(FRIM)
Forest Dept
Peninsular
Malaysia
(FDPM)
Sarawak
Biodiversity
Centre
Research Institutes
under each MAs such
as Fisheries Research
Institute (FRI) and
Biodiversity Institute
Ministry of Natural Resources and Environment Malaysia as Lead MA and Lead SA
Scientific Authorities (SA)Management Authorities (MA)
Organizational Structure
Of CITES Authorities In Malaysia
Sarawak
Forestry
Corporation
(SFC)
Jurisdiction of Management Authorities
in Malaysia
MA within Peninsular Malaysia:
Dept. of Wildlife & National Parks
Animal except fish and marine animal
Dept. of Agriculture
Plants except timber and marine plant
Dept. of Fisheries
Fish, marine animal and marine plant
Malaysian Timber Industry Board
Timber
MA within Sabah:
Sabah Wildlife Dept.
Animal (except fish and coral) & plant (except marine plant and timber)
Sabah Fisheries Dept.
Fish, coral and marine plant
Malaysian Timber Industry Board
TimberMA within Sarawak:
Sarawak Forestry Dept.
Animal and plant
1
2
3
CHALLENGES
1. Tricky traceability: false declaration and fakecontact/address for illegal shipment.
2. Lack of equipment with recent technology.
3. New in intelligence work.
4. Wide country border.
5. Efficient logistics, modern infrastructure &road network.
High Wildlife Value
High Black Market
Demand
Low Risk To Be Arrested
Smuggling
Factors That Encourage Wildlife
Trafficking in Southeast Asia
Black Market Price
Wildlife Estimated Price(USD)
TIGER (LIVE) 50,000/unit
TIGER (SKIN) 35,000/piece
TIGER (BONES) 2000/ kg
IVORY 1,300/pound
PANGOLIN 1000/head
Source: Havocscope (Global Black Market Information)
Establishment of Wildlife Crime Unit (WCU) and Intelligence Unit
The Wildlife Genetic Resource Bank (WGRB).
Collaboration with Malaysian Communications and Multimedia Commission (MCMC).
Include wildlife crime under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA).
CURBING THE ILLEGAL WILDLIFE
TRADE
CURBING THE ILLEGAL WILDLIFE
TRADE
Collaboration with Malaysian Army
Collaboration with Royal Malaysian Police
Online permit system
WAY FORWARD
Strengthening through roadshow and capacity building programs to stakeholders
Coordinate joint enforcement operations with related agencies
Strengthen the enforcement linkages and network
Continue the regional and international cooperation
On going trainings to enforcement officers, prosecutors, scientists and policy makers
Accredited National Wildlife Forensic Lab
WAY FORWARD
Thank you