Post by David on Oct 30, 2007 23:08:49 GMT 8
Below is a summary of Government laws and regulations that relate to the conservation of Nepenthes in Malaysia and Singapore. The original PDF files with regards to laws in Malaysia were obtained by Mohd Fauzi while the summary on the laws in Singapore was edited and contributed by Cindy Ng.
Please note that the summary on Malaysia Conservation Laws and Regulations that I have done shall not be taken as conclusive of the law as it is a summary and based on my interpretation as a layman, subject to human error and misinterpretation. Please refer to the original files on the laws and the respective Government agencies for a conclusive interpretation of the law.
MALAYSIA
The laws and regulations governing wildlife protection and conservation in Malaysia are separated between Peninsular Malaysia, Sabah and Sarawak. Each of these 3 geographical segment has its own laws and penalties that varies from each other. Each geographical segment is governed by different Act/Enactment/Ordinance/rules:
Peninsula Malaysia
Forestry Act 1993 (Akta Perhutanan Negara 1993)
www.petpitcher.com/files/akta_perhutanan_negara_1984_pin_1993.pdf
Sabah
Wildlife Conservation Enactment 1997
www.petpitcher.com/files/sabah__wildlife_conservation_enactment_1997.pdf
Sarawak
Wildlife Protection Ordinance 1998
www.petpitcher.com/files/sarawak__wildife_protection_ordinance_1998.pdf
The Sarawak Government Gazette
www.petpitcher.com/files/sarawak__wildife_protection_rules_1998.pdf
Some of these laws serves only as a macro guideline to the States in Malaysia, as in the case of Peninsula Malaysia. Every State would have its own by-laws made by the Badan Perundangan Negeri under the Federal Constitution.
All Nepenthes are listed as "Protected Plants" while species like N. rajah is listed under "Totally Protected Plants". Nepenthes species listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) are also protected by the law. Check out the CITES website at www.cites.org/ for more information.
No person shall harvest a plant protected by the law unless he/she obtains a Plant Collection License. However this license is only applicable to plants under the "Protected Plants" section. No one may harvest plants in the "Totally Protected Plants" section and no license will be issued for this reason. The only exception is when it is a special request that requires approval from the Director of the Governement Agency (in the respective states) responsible for issuing the license.
Any person who contravenes these laws commits an offence and shall be liable upon conviction to a fine of up to RM50,000.00 or imprisonment for 5 years or both, depending on the State in Malaysia. The penalty for harvesting plants from the wild in the "Totally Protected Plants" section carries a heavier sentence.
No person shall bring into the State or take out of the State any protected/wild plant except with an import/export permit/license. Any person who contravenes these laws commits an offence and shall be liable upon conviction to a fine of not more than RM50,000.00 or not more than 5 years imprisonment or both depending on whether the offence is commited in Sabah, Sarawak or Peninsula Malaysia. In some states, the penalty includes a fine of RM2,000.00 or five times the value of the plant imported or exported.
Input from Fauzi...
I have checked the matter with Pn Nor Mah Bt Hj Ahmad of Jabatan Kawalan dan Kuarantin Tumbuhan, Ibu Pejabat Jabatan Pertanian, Kuala Lumpur.
According to her, permit and phytosanitary is required if you are transporting the plants within Sabah & Sarawak to Peninsular Malaysia as Sabah and Sarawak are considered a different geographycal area from Pen.Malaysia. To transport the plant within Peninsular Malaysia no permit is required. Since Sabah and Sarawak is having their own wildlife Ordinance and Rules (Sarawak) and Enackment (Sabah) to transport plants within this two state also require permit and phytosanitary. No permit is required to keep Nepenthes.
According to her, it has not been the Jabatan policy to go on doing raid to individual premise unless they have an information that plants are being smuggled. Their main concern is in the entry point such as airport and other checkpoints where plants can be brought in illegally without the import permit.
In Sarawak, you need to have a permit for each of your Nepenthes. (RM10/annually/plant) as stated in the Sarawak Wildlife Protection Rules (1998). You also need to have a permit to sell the Nepenthes and etc.
According to my friend who is working in Jab Hutan Sarawak, Wisma Sumber Alam, Kuching, as at todate they have yet to enforce the rules on the RM10.00 annual permit on individual. What they are more concern is the collection of wild plants. Previously they have caught people trying to smuggled wild Nepenthes, Orchids etc at the airport. The rule has been set up in 1998 but they have yet to enforce it.
Inside the rule it was stated
" To keep in captivity or to possess protected animal or protected plant" the fee is RM10.00 per annum per animal, plants or part thereof.
Quote from the 2nd Schedule of the Wildlife Protection Rules 1998, Fees for License and Permit (pg 16)
There is no mentioned of wild or artificial propagated plants - so it is back to our own interpretation. But for the export permit, no permit will be issued for wild plant. It is only for research purpose or by government agencies on a special request.
SINGAPORE
Conservation
Other than Nature Reserves, Nepenthes can be found in Singapore's catchments areas, offshore islands as well as parks.
National Parks Board looks into the following:
1.Salvaging plants for nature areas affected by developments under which plants are potted in the field, brought back to the nursery to recuperate before planted in the Nature Reserves.
2.Reforestation projects at which desirable species are planted and introduced species are weeded out.
National University of Singapore helps in the conservation of the rarer species by germinating seeds, growing the plants out and distributing them to government institutions for planting in the wild.
Penalties
Nepenthes plants growing in the Nature Reserves and Protected Areas are protected by the laws. Those convicted of offences related to removal, damaging or destroying of such plants are liable to a fine from $500 to $10,000 (depending on the area involved) and/or imprisonment for a term not more than 6 months.
For Nepenthes that grow on State land, they are State property. Removal of any plant from such area will amount to Theft under the Penal Code as well as Vandalism. On top of fine and/or imprisonment, the offence carries with it mandatory caning of 3 to 8 stokes of the rotan for the male offender.
The import or export of carnivorous plants is covered by the Endangered Species Act and its subsidiary legislation. This act applies to species like Dionaea muscipula, Nepenthes and Sarracenia species and is Singapore's contribution to a world-wide effort to prevent further loss of endangered species. Such plants may be imported or exported with a phytosanitary permit and CITES certification. Any contravention is liable to a fine and/or imprisonment.
Input from kltower (21 December 2007)...
If you intend to bring plants from Peninsular Malaysia into Singapore please take note. According a news report in the NST (Dec 1, 2007 - page 6), with effect from Dec 1, 2007, travellers coming from Peninsular Malaysia will not be allowed to bring plants with potting medium into Singapore.
According to Singapore Agri-Food and Veterinary Authority (AVA) travellers are allowed to bring up to three (3) plants or 250 gm seeds per person, from PM without an import permit from AVA and phytosanitary certificate. However the plants must be free from potting medium such as soil, sphagnum moss, peat moss and potting mix.
Travellers who brought in plants in excess of the quantity allowed must obtained an import permit as well as a phytosanitary certificate and those violated the regulations would have their plants confiscated and destroyed.
Please note that the summary on Malaysia Conservation Laws and Regulations that I have done shall not be taken as conclusive of the law as it is a summary and based on my interpretation as a layman, subject to human error and misinterpretation. Please refer to the original files on the laws and the respective Government agencies for a conclusive interpretation of the law.
MALAYSIA
The laws and regulations governing wildlife protection and conservation in Malaysia are separated between Peninsular Malaysia, Sabah and Sarawak. Each of these 3 geographical segment has its own laws and penalties that varies from each other. Each geographical segment is governed by different Act/Enactment/Ordinance/rules:
Peninsula Malaysia
Forestry Act 1993 (Akta Perhutanan Negara 1993)
www.petpitcher.com/files/akta_perhutanan_negara_1984_pin_1993.pdf
Sabah
Wildlife Conservation Enactment 1997
www.petpitcher.com/files/sabah__wildlife_conservation_enactment_1997.pdf
Sarawak
Wildlife Protection Ordinance 1998
www.petpitcher.com/files/sarawak__wildife_protection_ordinance_1998.pdf
The Sarawak Government Gazette
www.petpitcher.com/files/sarawak__wildife_protection_rules_1998.pdf
Some of these laws serves only as a macro guideline to the States in Malaysia, as in the case of Peninsula Malaysia. Every State would have its own by-laws made by the Badan Perundangan Negeri under the Federal Constitution.
All Nepenthes are listed as "Protected Plants" while species like N. rajah is listed under "Totally Protected Plants". Nepenthes species listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) are also protected by the law. Check out the CITES website at www.cites.org/ for more information.
No person shall harvest a plant protected by the law unless he/she obtains a Plant Collection License. However this license is only applicable to plants under the "Protected Plants" section. No one may harvest plants in the "Totally Protected Plants" section and no license will be issued for this reason. The only exception is when it is a special request that requires approval from the Director of the Governement Agency (in the respective states) responsible for issuing the license.
Any person who contravenes these laws commits an offence and shall be liable upon conviction to a fine of up to RM50,000.00 or imprisonment for 5 years or both, depending on the State in Malaysia. The penalty for harvesting plants from the wild in the "Totally Protected Plants" section carries a heavier sentence.
No person shall bring into the State or take out of the State any protected/wild plant except with an import/export permit/license. Any person who contravenes these laws commits an offence and shall be liable upon conviction to a fine of not more than RM50,000.00 or not more than 5 years imprisonment or both depending on whether the offence is commited in Sabah, Sarawak or Peninsula Malaysia. In some states, the penalty includes a fine of RM2,000.00 or five times the value of the plant imported or exported.
Input from Fauzi...
I have checked the matter with Pn Nor Mah Bt Hj Ahmad of Jabatan Kawalan dan Kuarantin Tumbuhan, Ibu Pejabat Jabatan Pertanian, Kuala Lumpur.
According to her, permit and phytosanitary is required if you are transporting the plants within Sabah & Sarawak to Peninsular Malaysia as Sabah and Sarawak are considered a different geographycal area from Pen.Malaysia. To transport the plant within Peninsular Malaysia no permit is required. Since Sabah and Sarawak is having their own wildlife Ordinance and Rules (Sarawak) and Enackment (Sabah) to transport plants within this two state also require permit and phytosanitary. No permit is required to keep Nepenthes.
According to her, it has not been the Jabatan policy to go on doing raid to individual premise unless they have an information that plants are being smuggled. Their main concern is in the entry point such as airport and other checkpoints where plants can be brought in illegally without the import permit.
In Sarawak, you need to have a permit for each of your Nepenthes. (RM10/annually/plant) as stated in the Sarawak Wildlife Protection Rules (1998). You also need to have a permit to sell the Nepenthes and etc.
According to my friend who is working in Jab Hutan Sarawak, Wisma Sumber Alam, Kuching, as at todate they have yet to enforce the rules on the RM10.00 annual permit on individual. What they are more concern is the collection of wild plants. Previously they have caught people trying to smuggled wild Nepenthes, Orchids etc at the airport. The rule has been set up in 1998 but they have yet to enforce it.
Inside the rule it was stated
" To keep in captivity or to possess protected animal or protected plant" the fee is RM10.00 per annum per animal, plants or part thereof.
Quote from the 2nd Schedule of the Wildlife Protection Rules 1998, Fees for License and Permit (pg 16)
There is no mentioned of wild or artificial propagated plants - so it is back to our own interpretation. But for the export permit, no permit will be issued for wild plant. It is only for research purpose or by government agencies on a special request.
SINGAPORE
Conservation
Other than Nature Reserves, Nepenthes can be found in Singapore's catchments areas, offshore islands as well as parks.
National Parks Board looks into the following:
1.Salvaging plants for nature areas affected by developments under which plants are potted in the field, brought back to the nursery to recuperate before planted in the Nature Reserves.
2.Reforestation projects at which desirable species are planted and introduced species are weeded out.
National University of Singapore helps in the conservation of the rarer species by germinating seeds, growing the plants out and distributing them to government institutions for planting in the wild.
Penalties
Nepenthes plants growing in the Nature Reserves and Protected Areas are protected by the laws. Those convicted of offences related to removal, damaging or destroying of such plants are liable to a fine from $500 to $10,000 (depending on the area involved) and/or imprisonment for a term not more than 6 months.
For Nepenthes that grow on State land, they are State property. Removal of any plant from such area will amount to Theft under the Penal Code as well as Vandalism. On top of fine and/or imprisonment, the offence carries with it mandatory caning of 3 to 8 stokes of the rotan for the male offender.
The import or export of carnivorous plants is covered by the Endangered Species Act and its subsidiary legislation. This act applies to species like Dionaea muscipula, Nepenthes and Sarracenia species and is Singapore's contribution to a world-wide effort to prevent further loss of endangered species. Such plants may be imported or exported with a phytosanitary permit and CITES certification. Any contravention is liable to a fine and/or imprisonment.
Input from kltower (21 December 2007)...
If you intend to bring plants from Peninsular Malaysia into Singapore please take note. According a news report in the NST (Dec 1, 2007 - page 6), with effect from Dec 1, 2007, travellers coming from Peninsular Malaysia will not be allowed to bring plants with potting medium into Singapore.
According to Singapore Agri-Food and Veterinary Authority (AVA) travellers are allowed to bring up to three (3) plants or 250 gm seeds per person, from PM without an import permit from AVA and phytosanitary certificate. However the plants must be free from potting medium such as soil, sphagnum moss, peat moss and potting mix.
Travellers who brought in plants in excess of the quantity allowed must obtained an import permit as well as a phytosanitary certificate and those violated the regulations would have their plants confiscated and destroyed.