BIOLOGICAL DIVERSITY AND THE ILLEGAL WILDLIFE TRADE IN MALAYSIA Presented by: Rt Hon. Tan Sri Richard Malanjum Chief Judge of Sabah & Sarawak OVERVIEW OF MALAYSIA’S BIOLOGICAL DIVERSITY • Malaysia is ranked 12th in terms of biodiversity richness. • Malaysia’s forested area covers more than half of its total land area or about 60% or 19.52 mil. ha • Malaysia is a tropical country that houses various types of ecosystems and biodiversity: i. forests biodiversity; ii. mountain biodiversity; iii. inland waters biodiversity; iv. marine and coastal biodiversity; and v. agricultural biodiversity. BIODIVERSITY MANAGEMENT RELATED AGENCIES IN MALAYSIA: • • • • • • • • Forestry Department Peninsular Malaysia (FDPM); Forestry Department Sabah; Forest Department of Sarawak; Forest Research Institute Malaysia (FRIM); Department of Wildlife and National Park; Department of Marine Parks Malaysia; Sabah Biodiversity Centre; Sarawak Biodiversity Centre. LIST OF POLICIES, LAWS AND REGULATIONS • • • • • • • • National Forestry Policy 1978 (Revised 1992) National Policy on Biological Diversity 1998 Wildlife Conservation Act 2010 CITES Act, 2008 Biosafety Act,2007 National Forestry Act 1984 Sabah Forestry Enactment Forests Ordinance Sarawak SUMMARY OF OVERALL BIODIVERSITY RICHNESS Organisms Total No. of Species Mammals 306 Birds 742 Reptiles 567 Amphibians 242 Marine fishes 4,000 Freshwater fishes 449 Invertebrates >150,000 Seed plants 15,000 Fern and fern allies 2,012 Fungi 4,000 Mosses 400 THREATS TO BIOLOGICAL DIVERSITY AND PRIMARY CAUSE OF BIODIVERSITY LOSS • Land use changes especially for agriculture, housing demand and plantation; • Unsustainable development projects; • Natural disaster (tsunami and forest fire); • Theft of native plants such as wild and rare orchids by foreigners; and • Poaching and illegal wildlife trade (by local and foreigners). MALAYSIA’S NATIONAL POLICY ON BIOLOGICAL DIVERSITY (NPBD) • • • • 15 strategies and 87 actions (NPBD 1998): i. Conservation and sustainable use; and ii. Fair and equitable sharing of benefits from utilization of biodiversity. NPBD 1998 is now being updated due to the global Strategic Plan for Biodiversity 2011-2020. To transform Malaysia into a world centre of excellence in conservation, research and utilization of tropical biological diversity in the year 2020. To conserve Malaysia’s biological diversity and to ensure that its components are utilised in a sustainable manner for the continued progress and socio-economic development of the nation. CONSERVATIONS PROGRAMMES IN MALAYSIA • • • • • • • • The 26 Million Tree Planting; Tree Planting Programme along coastlines area; Centre Forest Spine; Heart of Borneo; Coral Triangle Initiatives (CTI); National Tiger Conservation Action Plan (NTCAP); Providing sanctuaries for endangered animals; and Facilitating the continuation of habitats of animals such as the elephant corridors in Sabah RECENT INITIATIVES FOR CONSERVATION OF BIODIVERSITY RECENT INITIATIVES FOR CONSERVATION OF BIODIVERSITY INTERNATIONAL ENVIRONMENTAL TREATIES AND CONVENTIONS TO WHICH MALAYSIA IS A PARTY: • • • • • Convention on biological diversity (CBD); RAMSAR Convention on Wetlands; Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES); United Nations Framework Convention on Climate Change (UNFCC); and United Nations Forum on Forest (UNFF) ISSUES ON WILDLIFE POACHING AND ILLEGAL TRADE 1. 2. 3. 4. 5. Malaysia is known as a wildlife smuggling hub and transit point Lack of skills and expertise in species identification Communication between enforcement agencies Investigation and prosecution Power to compound offences 12 Malaysia a Hub For Wildlife Smuggling 13 Wildlife Smuggling Species For Pets Madagascar Tortoise Grey Parrot 14 Wildlife Smuggling Items • Collection/ “luxury item” Made from Ivory 15 Wildlife Smuggling Species Exotic food Frozen Pangolins 16 Wildlife Trafficking In Southeast Asia 22 Nov. 2011 – Seizure in Thailand of 50 rare pangolins from Malaysia en route to China, via Laos 17 Nov. 2011 – Seizure in Malaysia of approx. 700 protected animals (monitor lizards, snakes, tortoises) Source: UNODC 17 Wildlife Trafficking TIGER: Via land / sea ORIGIN: Sumatra Cambodia Via land / sea Via air TRANSIT: Malaysia Thailand Laos Vietnam DESTINATION: Primarily China Source: TRAFFIC Wildlife Trafficking PANGOLINS ORIGIN : Indonesia Malaysia Cambodia Via land / sea Via land / sea TRANSIT : Singapore Kuala Lumpur Bangkok Hanoi Penang DESTINATION : Domestic International - China Source: TRAFFIC Via air Wildlife Trafficking Frozen/Wild pangolin, turtle, monitor lizard and snake : Via land / sea Via sea ORIGIN : Malaysia Borneo Sumatra Via air TRANSIT: Penang Kuala Lumpur Johor DESTINATION : Primarily China Source: TRAFFIC Wildlife Trafficking PARROT/OTHER EXOTIC BIRDS: ORIGIN : Sumatra/Medan Papua Irian Via land / sea Via sea EXIT: Belawan and Tanjung Balai in Medan, Kuala Tungkal in Jambi, Batam and Riau. ENTRANCE: Penang, Malacca, Johor Source: TRAFFIC Johor Wildlife Trafficking BULBUL/OTHER BIRDS: ORIGIN : Thailand Malaysia DESTINATION : Malaysia Indonesia Via land Via sea Johor Wildlife Trafficking TURTLES/TORTOISE ORIGIN: Indonesia Czech Republic India Madagascar Zambia and Chennai TRANSIT/ DESTINATION : SE Asia Japan China / Hong Kong Malaysia Source: TRAFFIC WILDLIFE BLACK MARKET Wildlife Specimen Estimation (USD) Rhino Horn 97,000 / kg Bear Bile 250,000 / kg Tiger (Live) 50,000/ head Tiger (Skin) 35,000/ pieces Tiger (Skin) 2,000/ kg Ivory 1,300 / pound Elephant 28,000/ head Orang-utan 45,000/ head Pangolins 1,000/ head Source: Havocscope (Global Black Market Information) 24 SMUGGLING CASES Monitor Lizard (Varanus salvator Reticulated Python (Python reticulatus) 25 SMUGGLING CASES Seizure 7,093 head of Monitor lizards (Varanus bengalensis) 26 SMUGGLING CASES Smuggling birds using PVC 27 SMUGGLING CASES Seizure of Tiger, Tiger Part and Ivory 28 Number of Cases Recorded [Act 76 (Before 2011), Act 716 and Act 686] No of Cases Recorded 3587 4000 Court Cases 60 3813 3487 55 60 3500 45 50 3000 2500 40 2000 30 39 27 1500 1000 20 475 354 10 500 0 2008 2009 2010 2011 0 2012 2008 2009 Smuggling Cases 2011 2012 Poaching Cases 54 60 50 2010 45 41 40 80 71 54 60 31 29 30 40 20 20 19 10 2 4 2011 2012 0 2008 0 2008 2009 2010 2011 2009 2010 2012 29 CURBING THE ILLEGAL WILDLIFE TRADE The law impose severe punishment in curbing the illegal wildlife trade. Examples of Section 65 and Section 71 have been introduced under the Act 716 that imposes both fines and mandatory jail Section 65: Any person who imports, exports or re-exports any protected wildlife or any part or derivative of a protected wildlife without a licence commits an offence and shall, on conviction, be liable to a fine of NOT LESS THAN RM20,000 and NOT MORE THAN RM50,000 and to imprisonment for a term not exceeding 1 year Section 71: Any person who imports, exports or re-exports any totally protected wildlife or any part or derivative of a totally protected wildlife without a special permit commits an offence and shall, on conviction, be liable to a fine of NOT LESS THAN RM30,000 and NOT MORE THAN RM100,000 and to imprisonment for a term not exceeding 3 years 30 Curbing The Illegal Wildlife Trade In the years 2011-2012, the DWNP has taken action on 764 cases, whereby a total of 99 cases have been prosecuted in court. Acknowledging the seriousness of the illegal wildlife trade, the court fines and jail term have since increase. Sentences such as imprisonment from 6 months to a year and fine between RM 300.00 to RM 100,000.00 have been delivered by the court. With the enforcement of the new law the scope and jurisdiction of the DWNP also include, animal welfare and cruelty, zoos and wildlife exhibitions. The enforcement of the Act 716 is a critical step towards reducing species loss and managing our biodiversity holistically while being guided by the National Policy on Biological Diversity In supporting the Government’s effort in bringing a major shift in transforming enforcement agencies to be more resilient, dynamic, proactive and transparent, the Enforcement Division of the DWNP is revamped beginning September 2012 where new officers are being assigned to the enforcement division. 31 CURBING THE ILLEGAL WILDLIFE TRADE The DWNP enhance the Wildlife Crime Unit (WCU) flying squad for additional regional enforcement activities to further strengthen enforcement activities. A new Intelligence Unit is formed to enhance networking and intelligence gathering in curbing crimes related to wildlife The DWNP has established the Wildlife Genetic Resource Bank (WGRB) in 2007 to provide forensic evidence for court cases involving wildlife 32 FUTURE PLANS (SHORT TERM) Strengthening through roadshows and capacity building programs to stakeholders on the enforcement of Act 686 and Act 716. Enhance public awareness through promotions and dissemination of brochures/ handbook on CITES and Act 686 especially to passengers at international airport. Coordinate joint enforcement operations regularly with related agencies. Conduct research and study on the species labeling method especially on the tagging method of wildlife to prevent falsification on trade documents. 33 FUTURE PLANS (LONG TERM) Strengthen the enforcement linkages and network to combat illegal trade of wildlife. Continue the cooperation with other countries especially with the neighboring countries. (i.e. Bilateral Meetings with Thailand) Law enforcement through continuous education and awareness to the public. On going trainings to enforcement officers, prosecutors, scientists and policy makers. Continuously conduct research regarding impact on trade of endangered species and ex-situ conservation of endangered species 34 Thank you 35