I may be wrong abt the penyu being under Perhilitan. It could be under Fisheries or maybe the state govts.
Either way I see them as impotent in so far as turning around a threatened specie is concerned.

To continue my rants against unjust laws
How irresponsible of the state govt to penalise it's own loyal citizens due to it's own shortcoming of not keeping protected specie current to CITES recommendation. Whilst they continue to adhere to CITES recommedation on the enforcement structure and local gazetting from which they derive their authority?
Enforcement Authorities / Autoridades de observancia / Autorités de lutte contre la fraude
For / para / pour Sarawak
8
Sarawak Forestry Corporation
Attn: Haji Chee (A) Abidin Bin Sulaiman
Area Manager
Security and Asset Protection Unit
Level 12, Wisma Sanyan
No. 1, Jalan Sukan
9600 SIBU
Sarawak

Tel: +60 (84) 33 74 44
Fax: +60 (84) 33 74 11
Email: hjchee @ sarawakforestry.com
http://www.cites.org/cms/index.php/lang-en...ncd/?country=MY

From history we know from the victims of unjust laws rose a man the world who would later know as Mahatma Gandhi.
Agi Idup Agi Ngelaban!



This post has been edited by Cergau: Apr 29 2010, 11:11 AM

M'sia 2010 = Zimbabwe
M'sia 2020 = Somalia

Nike ............just do it
1Malaysia ....just du-it

Lucas 1,
YES, very very short indeed.
Also, See the invitation from Perhilitan below.
Any mention by any of your local association? At all?
Better still, any comments from the supposed 'federal assoc' that just concluded their AGM?
All the major NGOs has come out in support of the Bill and have issued press releases.

BERNAMA - New Wildlife Act In Force End 2010
http://www.bernama.com/bernama/v5/newsindex.php?id=492569

NST Online New Wildlife Act to be enforced end of 2010
http://www.nst.com.my/Current_News/NST/art...icle/index_html

WILDLIFE PRESERVATION : More ideas on better wildlife cover
Submitted by pekwan on Monday, December 28th, 2009
Monday, December 28th, 2009 08:42:00

» Click to show Spoiler - click again to hide... «

THE Department of Wildlife and National Parks (DWNP) appreciates the concerns highlighted by S.M. Mohd Idris of Sahabat Alam Malaysia (SAM) in his letter, "Cruel to be kind to exotic pets" (The Malay Mail, Dec 24, 2009).
The DWNP, together with the Ministry of Natural Resources and Environment, are in the midst of amending the Protection of Wildlife Act 1972 (Act 76), which will focus more on the protection, conservation and management of the local species within the Peninsular Malaysia, with the consideration of all major recommendations and suggestions from the public and non-governmental organisations (NGOs), either through dialogues or workshops conducted by the DWNP, or through written submissions.

The DWNP would like to take this opportunity to invite the NGOs, public institutions and the public to cooperate in creating awareness on keeping wildlife as pets.

» Click to show Spoiler - click again to hide... «

Besides that, the DWNP would like to thank the writer for the positive feedback and for supporting the department in safeguarding biodiversity in Peninsular Malaysia.

Should any clarification be needed further, please do not hesitate to contact the DWNP at pakp@wildlife.gov.my.
Yamuna Perimalu
For the Secretary-General
Ministry of Natural Resources and Environment
Putrajaya

Unc WW,
Thanks for the feedback frm yr participation in the Fed AGM.
Fed - 1GP
Correct me if wrong here, I have yet to read nor heard anywhere the Fed issuing a press release that they are indeed participating in all the meetings and dialogs and 'everything' is OK.
Their assurances would help alot and we would not have to spent so much time digging thru everything that concerns EBN for discussion here.
It would also dispel alot of unnecessary rumours and everyone will be able to sleep well and utilise our time better.
It's not a very difficult thing to do nor a very unreasonable thing to ask for is it?

Fed - Conservation of Wildlife Act 2010
What is their stand on this?
Was this discussed in the AGM?
This tells a lot of their awareness and their usefulness as the industry representative.

Rumours
You have rightly pointed out they are a spurts of panicky posting here lately.
What else are we do to do when little info is forthcoming from folks are are supposedly the industry representative?
Lack of information is the root of rumours.
I would demand more information if I were an member of any local association affiliated with Fed!

Politics
As posted before, we do not go looking for politics but politics is frequently thrust into our faces.
How many would wish that we are all left to ourselves to just do what we do best.
Can we? Can we continue to let Perhilitan to their elements...coming out with such all encompassing laws and such authorities over our very means of survival (as many have testified)?
Even the means to offer compromises to the Bill is a political process.
We may wish to stay apolitical, getting this Bill amended will not allow one to stay on the fence.
You think any BN rep will be brave enough to vote against the Bill as it stand?
Are the Fed talking to Perhilitan for suitable amendments?
The choice is left to each of you reading, either you place your trust on the Fed and hope for the best OR
Help your selves, debate the Bill here and we each werite to our MPs for awareness OR
The Fed folks get online here and see if WE can collaborate on this.
(I am not being arrogant here by demanding their presence on the forum, it's just that this is the most convenient medium for collaboration)

IF the Fed do show their mettle and resolves all these issues, they would certainly endear themselves to everyone here.
and they can look forward to strengthening the Fed with more local assoc participation.

This post has been edited by Cergau: May 2 2010, 07:06 PM

Unc WW, pls note that these Qs are not directed at you.
My point was why such good news as 'Semua OK' not disseminated to the local assoc. What's the secrecy? No one is asking for the document.
Do you not agree that it is exactly this kind of secrecy that has dire consequences for the nation?
o)Did we not purchase a submarine for the Navy that initially didnt dive and when it did, discovered that it doesn't have armaments?
Bought to bring undersea joyrides for orphans?
o)8 trainer planes for the air force that doesn't have engines but cost 2x more than with engines? Answer in Parliament was..the govt can't afford them with engines.
http://www.malaysiakini.com/v6/link.php?ht...d-in-empty.html
Need I go on?

Can we allow the Bill as it stand... that Perhilitan can do no wrong and can't be sued in court?
We need to be responsible citizen and help bring responsibility and accountability back into govt service.


I have to admit that knowing that they have some investments at risk similar to many here bring some measure of comfort.

Wish that it was that simple... that just our agreement of not moving will make it so.
All depends on what's in the 1GP!
Our argument has come full circle...so what's in the 1GP? Still waiting for the 'Semua OK' frm the Feds.

Obviously the BILL was not discussed at the AGM then.
My concern on the Feds priority vs BH owners relates to the following
"Clause 41 provides that a birds’ nest collector shall sell birds’ nest collected
by him only to a licensed dealer or licensed taxidermist."
My concern is based on past experiences on the difficulties of obtaining such licenses as shared on the forum.
To whose advantage are the absences of competing purchasers.?

This post has been edited by Cergau: May 3 2010, 05:35 PM

Unc WW,
Still waiting for yr PM.

Wow, Lucas 1,
You must have achieved some kind of record as far as length of posting is concerned.
I started reading in KL and was in Ipoh when I stopped to rub my eyes

Seriously,
As far as the Feds are concerned, it baffles me that for a National Assoc supposed representing the EBN industry in dealings with the govt.
They have chosen to only whisper their 'feel' of the situation.
What does it take for the new office bearers to boldly declare that they are indeed present in all dialogs and meetings as the industry representative and the situation is clear and good or whatever they wish to share. No one is asking for the document per se with the red RAHSIA stamped on it.

Just some ASSURANCES!! Please Sir ?
(Sedikit keterangan untuk meredakan suasana tegang.)

Just 2 little paragraphs on where the Fed Assoc is on
1)1GP
2)Conservation of Wildlife Act 2010 (Bill)

Thank You in advance.
(I may even consider kissing your hand if you wash them first)

This post has been edited by Cergau: May 3 2010, 11:14 PM

Hackwire,
Good that you find so much inspiration from movies.
Just too bad we all here are not going by a script, else we will know the ending.
As Lucas 1 has pointed out, once this get to the cinemas, coming up with a sequel will be tough.
Hopefully we can make a prequel now and influence the script for the current release.

Dont read too much into our rantings. Just loud thoughts.
At the end of the day, we will still jump into same bed.

If everyone decide NOT to tolerate what's bad around us and stand up to stop the abuse, we will not be in this situation will we?
Everyone have their threshold.
What's sad is most have very high threshold and can only be tipped over past the point of no return.
So folks like these have nothing but regrets to share with their children.
The least some of us can say is.....we tried...
Wish them luck when they have to explain if they have left this earth a better place to their grand children.
Democracy-lah, I respect their right to be less than smart.

What's more important is... what do you do with the realisation you have often shared here?

As to yr lament of apeks not knowing better. Watch this short clip below.
Worst things happen to our bros in East M'sia and see how folks (illiterate but better informed than apeks) do.
http://www.dailymotion.com/video/x4gqci_penusah-tana

This post has been edited by Cergau: May 4 2010, 10:04 AM

Betul Betul
For once a Minister speaks the truth.

While for Sabah, it's the other extreme.
The govt is fighting to have a coal fired power plant.
http://www.malaysia-today.net/index.php?op...s&Itemid=100131

This post has been edited by Cergau: May 4 2010, 05:30 PM

I believe we have previously touched on the point of Perhilitan's authority on search, seizure and arrest with and w/o warrant.
Their authority is quite similar to our PDRM in both new and old Act.

But with the new Act they are similar to PDRM. (if passed, they are now armed)
see the clause below in the Wild Life Conservation Bill 2010
Carrying and use of arms
8. Subject to the administrative orders of the Director General,
an officer may carry and use arms in the exercise of the powers
and duties under this Act.

Ensure you dun hire anyone with the name Aminulrasyid.


This post has been edited by Cergau: May 5 2010, 08:48 PM

I'm no lawyer, but since the Bill already propose to give them just as much authority as the Police;
And in the absence of any assistance from our Feds.
I have here the link from the M'sian Bar with a handy book of your rights when faced with such situations.
Coincidentally it's called the RedBook.....
I figure they can be loosely known as the Wild Life police force if the Bill get's passed as is.
They can arrest you and bring you to the police station, from then on criminal procedures applies.
In effect, anyone outwith this proposed Act will be treated like criminals.
As such for those of you who prefers not to do anything abt the Bill...the Redbook is a must-have.
http://www.malaysianbar.org.my/index.php?o...=628&Itemid=332

Power of arrest
93. (1) An enforcement officer may arrest without warrant
any person whom he reasonably believes has committed or is
attempting to commit an offence under this Act or any of its
subsidiary legislation.
(2) An enforcement officer making an arrest under subsection
(1) shall, without unnecessary delay, bring the person arrested
to the nearest police station, and thereafter the person shall be
dealt in accordance with the law relating to criminal procedure
for the time being in force.

Only the postman, garbage collectors, TNB and water meter readers remain and awaiting to be armed.

05/May/2010
Ban all swiftlet farming activities
http://thestar.com.my/news/story.asp?file=...89136&sec=focus


04/May/2010
Legalise swiftlet farming, Pahang govt urged
http://thestar.com.my/metro/story.asp?file...&sec=southneast

This post has been edited by Cergau: May 6 2010, 05:14 PM

Without rebuttals.... it becomes fact to the general public.

No reason to ban swiftlet farming
http://thestar.com.my/news/story.asp?file=...11867&sec=focus

to writer (HUMANE), thank you

----- Forwarded Message ----
From: Dato' Beh Heng Seong <hsbeh@ediblenest.com>
To:..............edited...............
Sent: Friday, 7 May 2010 13:33:11
Subject: RE: Ban all swiftlet farming activities (URGENT)
Dear All,
After discuss with Veterinary Dr. Fazilah and Menteri Perumhan Dato Sri Kong,
The amended Bill has taken out Walit from the list.
Thank you
Dato Beh

--------------------------------------------------------------------------------

All,
I was forwarded the above self explanatory email from Dato Beh and I have taken the liberty to share the good news here.
However,.... it still bugs me cos' AF never was listed specifically anywhere in the Bill.
Again I stress AF is NOT listed in any of the Schedules in the Bill .....to be taken out.

My layman reading of the Bill has been that AF is included implicitly through a combination of clauses.
It worries me even more that both Dr Fazilah and Dato Sri Kong has chosen to assure Dato Beh that it will be taken out from the list.
Again AF is not on ANY list!!!!!
Does anyone actually has a handle on this?
Do we have to ask the PM personally?

Appreciate any comments if you hold a different view or I am being too cynical to take any good news at face value.

The thrust of my earlier posting was that the issue was treated so flippantly.
When AF was not specifically stated in anywhere in the Bill...how then can the assurance be stated as taken out of the list?
It's not in a list/schedule....and as pointed out privately the corrective action ought to be a specific exception clause similar to the example (below) from the Bill
"Pecari tajacu (except the
populations of Mexico and the
United States of America)"

AF = Aerodramus fuciphagus
where in some ref also loosely known as Collocalia fuciphaga
http://en.wikipedia.org/wiki/Edible-nest_Swiftlet

Yes, your assumption is correct, the current Bill is not sufficiently precise
A contentious point may arise from Collocalia esculenta in the First Schedule.
tuckfook has offered his take on this and I leave it to him to elaborate on this point.

This post has been edited by Cergau: May 8 2010, 12:48 PM

Even if AF or CF is specifically excluded...there is still another hook the Bill has into EBN
Irrespective of the outcome of getting AF off from any Schedules.
Collection license is a certainty

However import, export or re-export licensing is depenedent on AF being protected.

Requirement for licence
9. (1) Subject to the provisions of this Act, no person shall—
(a) hunt or keep any protected wildlife;
(b) take or keep any part or derivative of any protected
wildlife;
© collect birds’ nests;
(d) carry on the business of dealing;
(e) carry on the taxidermy business;
(f) import, export or re-export any protected wildlife or any
part or derivative of any protected wildlife,

“nest” means any abode, den or any other structure which is
being constructed or is being used by any wildlife for—
(a) procreation;
(b) the laying of eggs;
© the incubation of eggs;
(d) the protection of eggs or immature offspring; or
(e) the nurture of immature offspring;

We should lobby for birds' nest be qualified as
© collect nests of protected or totally protected birds;
Otherwise with this wide definition doing anything to any nest will breach the law.

My usual caveat that I am no lawyer.

nest, eggs, procreation, offsprings
you may admire it, feel it, touch it but never harvest it

This post has been edited by Cergau: May 8 2010, 10:38 PM

When is a nest not a nest?
Why go there at all.
My preference is qualify nest collection in no uncertain terms that it applies to only protected and totally protected and be done with it.
Also less room for further confusion if every clause plugged need to be independent and free standing, inter-dependecies is nightmarish.
It MAY be so if the 2 clauses are read with the 3rd ie the definition of 'wildlife'
which than hinges on the word 'any' which is qualified as totally protected or protected
Requirement for licence
9. (1) Subject to the provisions of this Act, no person shall—
(a) hunt or keep any protected wildlife;
(b) take or keep any part or derivative of any protected
wildlife;
© collect birds’ nests;
(d) carry on the business of dealing;
(e) carry on the taxidermy business;
(f) import, export or re-export any protected wildlife or any
part or derivative of any protected wildlife,

“nest” means any abode, den or any other structure which is
being constructed or is being used by any wildlife for—
(a) procreation;
(b) the laying of eggs;
© the incubation of eggs;
(d) the protection of eggs or immature offspring; or
(e) the nurture of immature offspring;

“wildlife” means any species of wild animal or wild bird,
whether totally protected or protected, vertebrate or invertebrate,
live or dead, mature or immature and whether or not may be
tamed or bred in captivity;
I wish I have your confidence that there is a design in all this.

Unc WW,
Please share date, time & venue when details available?
thks