enakmen penyu terengganu 1951

ENAKMEN PENYU TERENGGANU 1951: KAJIAN KES TRANSFORMASI UNDANGUNDANG HIDUPAN LIAR DI MALAYSIA Jamaludin ,Muhamad ALLIM, Ja Mohd Jani ,Jarina

© WWF-Malaysia / Sharifah Ruqaiyah

ISI KANDUNGAN 

SEPINTAS LALU UNDANG-UNDANG HIDUPAN LIAR DI MALAYSIA

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PENYU DALAM KERANGKA UNDANG-UNDANG DI MALAYSIA

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ENAKMEN PENYU 1951

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LATAR BELAKANG SEJARAH

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PINDAAN

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ISI KANDUNGAN

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ISU & CABARAN

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SESI SOAL JAWAB

(1) Ordinan Perlindungan Binatang dan Burung Liar 1955 adalah dengan ini dimansuhkan.

PENYU DALAM KERANGKA UNDANG UNDANG DI MALAYSIA “In the Malaysian Federal Constitution, turtles are listed on the State list which means that the authority to legislate matters relating to turtles is under the state government (Zukifli and Sankar 2011). Through the powers conferred in the Fisheries Act 1963 (Amended 1985), the State may exercise their right to set up rules regarding turtle and turtles eggs (Rick and Sharma 1996). Terengganu became one of the earliest to set up state regulation on turtle management when Terengganu’s Turtle Enactment was promulgated in 1951. The Enactment aimed to regulate turtle egg harvest in Terengganu (Liew 2011; Sharma and Gregory 1996), which was later amended in 1987 and 1989 to include some provisions that extend powers to state authorities to increase conservation measures”,

Immemorial time

Green Turtle

Olive Ridleys

Coastal villagers in Terengganu had been engaged in the collection of sea turtle egg & Trade since immemorial time

Four Species in Malaysia

World War II 1942

1996

1990s

150 people are involved in hunting , transporting and marketing of turtle Eggs

Terengganu Turtle Enactment 1951 promulgated to

2006

Annual nesting of leatherback population plummeted from 10,000 in 1950 less than a dozen (Turtle a tragedy) Others species showing the same fate

Turtle egg exploitation escalated due to improve road

1951

Hawksbill

Leatherback

Scientists and conservationists calling for national ban on turtle egg trade due to

i

National ban on turtle egg consumption and trade???

1961 First sea turtle hatchery setup

2012 1987 Amendment of Terengganu Turtle Enactment 1951 establishment of first sea turtle sanctuary at Rantau Abang 1988

1989 Total ban of leatherback sale in Terengganu

Policy makers reluctant to go for turtle egg bans in Terengganu because such radical action will negatively affect culture & livelihoods

Glory era for sea turtle conservation

Provisions

Section / Clause

Definition of turtles that include all four species of sea turtles and terrapins.

Section 2

Appointment of Licensing Officer, Licensing Officer Assistance and Enforcement Officer and their jurisdiction.

Section 3 (i) (ii) (ii) (v) Amendment 1987

Establishment of turtle sanctuaries (e.g. the aim and procedure to establish turtle sanctuaries).

Section 3A. (i) (ii) (iii) (iv) Section 3B. Amendment 1987

Establishment, membership Advisory Council.

Section 3C (i) (ii) Section 3D (i) Amendment 1987

and function of Turtle Sanctuaries

Establishment, membership and responsibilities Sanctuary Committee in managing a turtle sanctuary.

of

Turtle

Section 3E. (i) (ii) (iii) Amendment 1987

Prohibition of killing or taking of turtles; and penalty of nonobligation.

Section 5 (i) (ii)

Prohibition of taking or destruction of turtles eggs without licences or exclusive right.

Sections (7)

Prohibition obligation.

Section 7 (A) Amendment 1989

of taking leatherback

eggs; and penalty of non-

Enable notification certain nesting beach which turtles eggs may not be taken (e.g. allowing certain beach to be gazetted as turtle reserved beach).

Section 8

Implementation of tender system to grant exclusive right to harvest turtle eggs in Terengganu.

Section 10

Prohibition of guiding turtle watch activities without licence; procedure to apply licence; and penalty of non-obligation

Section 12A (i) (ii) (iii) (iv) Amendment 1987

Governance Structure Sea-turtle Management In Terengganu

Turtle Nesting Beach Classification • under section 8 Terengganu Turtle Enactment 1951 (Amended 1987) • Nesting beaches that show high record of nesting are no longer included in the list tendered beach and reserve • Hence, not available for the public to tender • Managed by Department of Fisheries • Rangers are hired by DoF to patrol these beaches, collect and transfer turtle eggs to a hatchery

4 Turtle Sanctuaries

• Nesting beaches were divided into lots and offered for tender • Regulate turtle egg harvest and solve the conflict of ownerships • The bidding value of each tendered beach is different (RM 30.0030000.00) • Successful bidder is granted one-year exclusive right to collect turtle eggs at dedicated beach • Obligated to the terms and conditions : • (1) send all eggs to hatchery(ii) to report nesting data DOF • Anybody are eligible to tender • Licencing and tendering process manage by State secretary office

12

Reserved beach

Tendered Beach

36

• Rantau Abang was the first turtle sanctuary established in Malaysia in 1988 • After amendment of section 3 Turtle enactments in 1987 • Aims to provide full protection for leatherback during that time • Rangers are hired by DoF to patrol these beaches, collect and transfer turtle eggs to a hat • Since 2005 more major nesting beach in Terengganu were gazetted as turtle sanctuary

EGG BUY BACK SCHEME

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Species

Buy Back (RM/egg)

Leatherback turtle

5.00

Olive ridley turtle

4.00

Hawksbill turtle

4.00

Eggs were purchased from commercial egg collectors as an attempt to secure 100% leatherback eggs for conservation.

Green turtle

2.00

This scheme was then expanded to other species as well to increase the number of eggs incubated.

Terrapin

2.00

Enables DoF to buy back turtle eggs from license holders to incubate in the hatchery. Introduced as early as 1961 when the first hatchery for leatherback turtles was set up in Terengganu .

Eeffort to buy back turtle eggs assist by other conservation organisations, including WWFMalaysia and Sea Turtle Research Unit (SEATRU) of UMT

Price

Table 3. Repurchase price of turtle eggs by the Terengganu DoF in 2015 (Source: Terengganu State Secretary Office 2014).

Conservation

vs

Concession

OF THE VOLVING MAN-SEA LE ONS IN LE-EGG RVENES:

Ecological concepts

Political factor

“150 people involve in hunting , transporting and marketing of turtle eggs in 1980s, banning? such radical action could negatively affect the culture and the livelihood of the people ”

Social

Cultural

Economic “legislation of turtle egg exploitation via a tender system has jeopardized the conservation efforts, mainly due to lucrativeness of the trade” (Ibrahim and Sharma 2006)

Recommendation 

An immediate action would be a ban on the commercial trade and consumption of turtle eggs. It is absolutely imperative that the State of Terengganu becomes the Champion for Turtles by;

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Instituting a State ban on the trade and consumption of turtle eggs as this would cut off the availability and accessibility at the same time, and

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Call for a national level ban on the commercial trade and consumption of turtle eggs so as to harmonise legal standards which can in turn prevent forum shopping, and the shifting of the turtle egg market from one state to another.

References 

Campbell, L. M. (2002). Science and Sustainable Use : Views of Marine Turtle Conservation Experts. Ecological Applications, 12(4), 1229–1246.

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Campbell, L. M. (2003). Challenges for Interdisciplinary Sea Turtle Research: Perspectives of a Social Scientist. Marine Turtle Newsletter, 28–32.

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Chan, E. H. (2004). Turtles in trouble. Siri Syarahan Inaugurul KUSTEM, (2004)(7). doi:10.1071/EC12189

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Chan, E. H., & Liew, H.-C. (1996). Decline of the leatherback population in Terengganu, Malaysia, 1956-1995. Chelonian Conservation and Biology, 2(2), 196–203.

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Chan, E. H., & Shepherd, C. R. (2002). Marine turtle :The Scenario In Southeast Asia. Tropical Coasts, (December), 38.

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Chan, E. H. (2006). Marine turtles in Malaysia: On the verge of extinction? Aquatic Ecosystem Health & Management, 9(2), 175–184. doi:10.1080/14634980600701559

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DFID, (Departement for International Development). (1999). Sustainable Livelihoods Guidance Sheets Framework Introduction Vulnerability Transforming. Context, 26. doi:10.1002/smj

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GLOPP(Globalisation and Livelihood Options of People living in Poverty). (2008). DFID ’ s Sustainable Livelihoods Approach and its Framework. Retrieved from http://www.glopp.ch/B7/en/multimedia/B7_1_pdf2.pdf

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Hamann, M., Godfrey, M. H., Seminoff, J. A., Arthur, K., Barata, P. C. R., Bjorndal, K. A., … Godley, B. J. (2010). Global research priorities for sea turtles: Informing management and conservation in the 21st century. Endangered Species Research, 11, 245–269. doi:10.3354/esr00279

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Ibrahim, K. (1994). The Status of Marine Conservation In Penisular Malaysia. In The First ASEAN Symposium-Workshop on Marine Turtle Conservation (pp. 87–103).

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Ibrahim, K., & Dionysius S.K. Sharma. (2006). Forty Years of Sea Turtle Conservation Efforts : Where did We Go Wrong ? Lessons Learned and the Way Forward. Charting Multidisciplinary Research and Action Priorities towards the Conservation and Sustainable Management of Sea Turtles in the Pacific Ocean: A Focus on Malaysia (Vol. 74, pp. 29–34). The WorldFish Center.

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Liew, H. C. (2002). Status of Marine Turtle Conservation and Research in Malaysia. In Proceedings of the Western Pacific Sea Turtle Cooperative Research and Management Workshop. February 5–8, 2002 (pp. 51–56).

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Liew, H. C. (2006). Aspects in Biology of Sea Turtles Liew. In M. Ahmed, S. Wagiman, K. Ibrahim, S. C. Ho, H. C. Liew, B. H. Yeo, … S. Wagiman (Eds.), Charting Multidisciplinary Research and Action Priorities towards the Conservation and Sustainable Management of Sea Turtles in the Pacific Ocean: A Focus on Malaysia (pp. 25–28).

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Liew, H. C. (2011). Tragedy of the Malaysian Leatherback Population. Conservation of Pacific Sea Turtles, 97.

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McLellan, L., Nickson, A., & Benn, J. (2005). Marine turtle conservation in the Asia Pacific Region. Progress in Oceanography (Vol. 86).

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Moll, E. O. (1976). West Malaysian Turtles : Utilization and Conservation. Herpetological Review, 7(4), 163–166.

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Rica, C., & Greenheck, F. M. (2009). Environmental Conservation and Sustainable Livelihoods. An anthropological approach toward community-based custody and valuation of local resources in the context of marine turtle conservation in Costa Rica.

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Siow, K. T., & Moll, E. O. (1982). Status and conservation of estuarine and sea turtles in West Malaysian waters. Biology and Conservation of Sea Turtles. Smithsonian Institution Press, Washington, DC, USA, 339–347.

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Tan, K. C. (2004). STOP EATING EGGS? : What Children on two islands In Malaysia think about sea turtles as an endangered species. Lund University.

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The Star. (2012, July 12). T’ganu has no plan to ban sale of turtle eggs’. The Star.

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TRAFFIC Southeast Asia. (2009). SURVEY OF MARINE TURTLE EGG CONSUMPTION AND TRADE IN MALAYSIA (Vol. 2009).

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Troëng, S., & Drews, C. (2004). Money talks: economic aspects of marine turtle use. WWF-International.

Thank you

© Guy Marcovaldi / WWF-Canon