Outdated, flawed wildlife law

Stories by TAN CHENG LI , The Star, 20 May 2008

Our wildlife law calls for saving wildlife but it has limited powers to do so.

TRAP a tiger and you will be arrested. Sell wine or plaster made from ground tiger bone and you can escape punishment, reason being, the Protection of Wildlife Act 1972 (PWA) is silent on “derivatives” of protected species.

That is just one of many flaws prevalent in the PWA. Here’s another: contrary to popular belief, the elephant is not totally protected but listed as a “big game animal” in the Act – which means it can be hunted if one obtains a hunting permit from the Wildlife and National Parks Department (Perhilitan).

And another: not a single plant, fish or amphibian is protected by the Act. There’s more: some highly endangered species are getting scant protection, legal hurdles abound when prosecuting offenders, penalties are ridiculously low ... the list goes on – no wonder our wildlife is depleting.

Many species owe their survival to the PWA but this legislation has not kept up with the times in some instances. Today, with wildlife being pushed to the brink by habitat loss, poaching and flourishing commercial trade, the Act is in sore need of an overhaul.

“In dealing with sophisticated wildlife criminals and their syndicates, this 35-year-old law appears to be failing to achieve what it set out to do in the 1970s. It is outdated and there are many loopholes which unscrupulous criminals take advantage of, and at the expense of wildlife. We need the Act to be comprehensively reviewed, passed and implemented urgently,” says Malaysian Nature Society (MNS) executive director Dr Loh Chi Leong.

Low penalties – under the PWA and meted out by the courts – is a worry for the non-governmental organisations (NGOs).

Case 1:
In 2005, the butchered tiger in Tumpat, Kelantan? The offender got off with only a RM7,000 fine although the PWA allows a maximum of RM15,000.

Case 2:
That same year in Bentong, Pahang, a man caught with five bear paws, 32kg of bear meat and bones, one trophy barking deer head, four skinned civets, part of a hornbill beak, three skinned doves and nine live blue-crowned hanging parrots, was fined only RM5,500.

Case 3:
Also in 2005, a man caught with four leopard cats in Gombak, Kuala Lumpur, and another with 294 pangolins in Perlis, were each fined RM3,000.