Re: Laws and regulation for Nepenthes

[isaacgoh]

"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."

Dear members,

I'm not much of a law literate person so I need some clarifications from those of you who knows. Question, can we keep protected species(even if it's from TC)?

Does it mean we can't bring a protected nepenthes from one state to another?

Just trying to understand more about the rules and regulation so that I don't do something stupid openly.

Thanks in advance for your reply.

Rgds,
Isaac

[hongrui]

Issac, my interpretation of the "No person shall bring into the State or take out of the State any protected/wild plant except with an import/export permit/license" is that it does prohibit you from bringing protected neps across state lines without a permit/license.

However i think you should be able to keep protected species like N. rajah/ N. khasiana. My explanation would be that when you import the N. rajah, from maybe BE, BE will provide the necessary CITES cert and you would too have to apply for an import permit from your forestry department to import the plant. this would mean that you will have the necessary permits/certificates to keep them.

[isaacgoh]

That's our assumptions, but if they RAID my house, I can't produce the certs nor import permits. For all they know, this is N. Rajah and it must be from Sabah/Sarawak.

[fauzi]

Hi,

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.

Thanks.

[isaacgoh]

I see. Thanks Fauzi for clearing the air on this. Now, I worry for our Sarawakian friends because Rm10 annually per plant sounds like too much of a burden and hassle.

[funkychips]

fauzi said:

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.

Fauzi, just to clarify, does the permit requirement in Sarawak apply only to wild-collected plants or does it also extend to artificially propagated plants? Thanks in advance.

[fauzi]

Hi,

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.

Qoute 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.

The law has been set up, but it is base on our interpretation. Each of us will have different interpretation of law - that is why lawyers are making money..... ;D just kidding.

The above is only my interpretation of the law hope it will not make anybody feel uneasy or anything.

Regards

[David]

Thank you so much Fauzi, for checking these information for us. I have included your comments and additional information in the airticle on this.