Having not had a major rewrite in over 35 years, the Wildlife Protection Act is insufficient in addressing new issues which have arisen in the management of wildlife. As regulation has appeared to fail in the sustenance of species abundance, it is time to seriously question whether the Act truly aids conservation.
Any improvement to the legal framework governing the protection of species facing extinction is a positive move. A formal review of the current Act is essential, with subsequent amendments and enactments of new legislation to address the shortcomings of this Act.
While wildlife trade enforcement remains a vital component in effective regulation, it tends to be a low priority compared to enforcement against the arms or illegal drugs trade. Enforcement agencies are also no match for the highly-competitive, adaptable and globally mobile wildlife crime syndicates who apply ruthless methods and excellent business knowledge to accomplish their illegal trade activities.
Tackling the flaws in the Act is an area that needs to be seriously addressed. SAM had in its many letters to the government and the Wildlife Department called for a ban on the issuing of hunting licenses, the display of wildlife in resorts and theme parks and the ‘Special Permits’ under the Act. SAM even went to the extent of collecting signatures from international wildlife groups but the government prefers to remain silent on these.
New provisions are needed to protect areas supporting important populations of protected plants and animals from destruction or deterioration due to inappropriate management. Birds, mammals and other vulnerable animals should be safeguarded from reckless as well as intentional human disturbances. Disturbances not only harm individual animals but can threaten the viability of populations.
Amendments to the Act should also include regulations for managing alien species. Controls are needed to prevent the spread and deliberate release of non-native species into the local environment as this pushes native animals and plants into extinction.
The current Wildlife Protection Act has proven inadequate to deter unscrupulous dealers, traders and individuals from exploiting our wildlife. This Act provides loopholes in the law for them to carry out their illegal trade activities, endangering the world’s bio-diversity.
Amendments made to the Wildlife Protection Act and the enactment of new wildlife conservation laws have to emphasise the imposing of more deterrent sentences for wildlife crimes. The penalties should reflect the serious nature of the crimes. Stronger powers of enforcement should also be introduced including the power of arrest to stop ongoing offences and an outright ban on hunting.
The government through the Wildlife Department is not a business corporation whose purpose is to service those who wish to exploit wildlife resources. Rather it has the legal mandate to conserve our endangered and threatened species.
The government should make it a priority to monitor all aspects of wildlife as they do with other natural resources such as gold, petroleum and tin. Endangered and valuable species are being threatened by extinction and deserve protection before it is too late.
The writer is president Sahabat Alam Malaysia (SAM).
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