(MY) new law for flora, fauna trade

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New law for flora, fauna trade - The Straits Times

Elizabeth John

 

KUALA LUMPUR, 8th Dec. 2005

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Malaysia is drafting a new law to govern the international trade in

wild fauna and flora.

It has to — it's been warned that without better protection for traded

species, it could be banned from the multi-billion dollar legal

international trade of these plants and animals.

 

The new law will also ensure Malaysia fulfils its obligations as a

party to the Convention on International Trade in Endangered Species

of Wild Fauna and Flora (Cites), the global agreement that governs

legal and sustainable wildlife trade.

 

Malaysia has controls in place for the protection of such endangered

species. However, it comes in the form of many disparate Federal and

State laws, each enforced by a different management authority.

 

Sabah and Sarawak also rely on completely different laws from

Peninsular Malaysia.

 

Such a system has hampered coherent enforcement and created loopholes

exploited by illegal wildlife traders.

 

The laws also do not protect many species whose populations were being

decimated by illegal trade.

 

" A recent review of Malaysia's national legislation by the Cites

secretariat found that it did not include many requirements under the

convention.

 

" Instead of amending many different laws, we decided a single new Act

would serve the purpose better, " said a spokes- man of the Forestry

Development Division of the Natural Resources and Environment

Ministry.

 

He confirmed that a first draft was ready and under inter-agency scrutiny.

 

Though an entirely new piece of legislation, it is a harmonisation of

existing laws. In addition, it will include Cites requirements not

covered by existing laws and protect all species protected under

Cites.

 

As a new law, it would supersede all earlier Acts, he said, but would

limit itself to questions of international trade.

 

All parties to Cites must implement the convention through their

domestic legislation. To evaluate their ability to do so, the Cites

secretariat reviewed the national legislation of all member countries

and placed them in three categories. It classified Malaysia in

category two.

 

" If we do not improve our legislation to category one, the secretariat

can recommend a suspension in trade for all our species listed under

Cites, " said the Wildlife and National Parks Department law and

enforcement director Misliah Mohamed Basir.