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