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Suffer the animals-The Star 27th March

 

By TAN CHENG LI

 

chengli

 

Caging wildlife for public display is inhumane and unethical but we

still see plenty of it here.

 

A LEASHED pig-tailed macaque looks forlorn in its tiny hut. Nearby, a

white-bellied sea eagle is tethered to a log. In a cage, a pair of

nocturnal slow lorises desperately seeks cover from the harsh sun. In

the paddock, a listless ostrich plucks at its own feathers out of

boredom. Squirrels, a leopard cat and a tiger, all creatures which

roam large spaces, are instead confined in tiny cages.

 

These sad sights greet visitors to a mini-zoo in Klang, Selangor.

Elsewhere in the country, other mini-zoos, bird parks, reptile farms,

butterfly farms and theme parks with wildlife displays fare no better.

Many not only house animals in constricted, deplorable conditions and

make them perform silly shows, but also run foul of the law by

acquiring wildlife illegally.

 

Our outdated wildlife law, being narrow in scope and loophole-riddled,

only serves to perpetuate such places and their inhumane treatment of

wildlife.

 

A leopard cat looking bored in its tiny cage at the Pet Century

Petting Zoo in Kampung Jawa, Klang.

Wildlife and National Parks Department's (Perhilitan) oft-cited excuse

is that it has little clout over these places because the Wildlife

Protection Act 1972 (WPA) is glaringly silent on them and does not

mandate their licensing.

 

And although cruelty to wildlife carries a penalty of RM5,000 or five

years' imprisonment under the Act, Perhilitan enforcement director

Misliah Mohamad Basir contends that " cruelty " is difficult to prove.

" When you say a cage is too small, it is subjective. People will ask

'what is the right cage size for that species?' This is not spelt out

anywhere. "

 

There is another legislation that checks on animal abuse, the Animal

Act 2006 (which succeeds the Animal Ordinance 1956), but it, too, is

toothless. It comes under the Veterinary Service Department, which

does little enforcement work. Also, the paltry penalty – a fine of

RM200 or jail term of six months – is hardly a deterrent.

 

" The SPCA (Society For Prevention of Cruelty To Animals) had pushed

for a higher penalty but to their dismay, when the Act was amended, it

remained unchanged, " laments Shoba Mano, the founder of Remembering

Sheena Campaign, which advocates against animal abuse.

 

The problem of poorly-run zoos is a long-standing one and is serious

enough for Perhilitan to draft guidelines on management of zoos,

including mini-zoos and all facilities with animal, insect and bird

displays (see next page). Covering a wide scope, the guidelines pretty

much fix the flaws in the WPA.

 

However, they are of little use because, says Misliah, they are not

legally binding. The guidelines cannot be gazetted into an Order or

Regulation – which would give it legal bite - because the WPA has no

clauses on zoos.

 

This is baffling. Why draft the guidelines if they are unenforceable

and invalid?

 

 

 

Animals on show

 

All these defects in the law lead to one thing: anybody can start a

menagerie. Misliah says some had opened without Perhilitan's knowledge

since they need not apply for an operating licence. Perhilitan has

recorded 35 such places in the peninsula. In a 2000 survey, Sahabat

Alam Malaysia (SAM) found 20 of them.

 

These places usually start with the owner applying for " keeping

licences " . Issued for " protected " species commonly kept as pets, these

are a cinch to obtain, with no questions asked on what your plans are

with the animals. Then, to draw in the crowds, the zoo owner applies

for " special permits " to keep " totally protected " species. It is also

common to display animals " owned " by other individuals, thus expanding

the animal collection.

 

So, do not be surprised by the sight of endangered species such as

tapirs, slow lorises or orang utans in mini-zoos. The owners probably

hold Perhilitan-sanctioned permits for these animals.

 

Wildlife should not be made to perform in silly shows.

Perhilitan's continual issuing of licences and permits, even to past

offenders, has raised eyebrows.

 

" In the first instance, should Perhilitan even be issuing special

permits for totally-protected species? " asks World Wide Fund for

Nature executive director Dr Dionysius Sharma. " Now, it appears to be

no-holds-barred and seems quite easy to get them. "

 

Last year, 852 permits to keep and trade totally-protected species,

mostly birds, were given to individuals (565), zoos (152), mini-zoos

(95) and government agencies (40). There are no fees for special

permits but the 16,834 keeping licences issued in 2005 for protected

wild birds and animals raked in RM219,380 for Perhilitan.

 

With the ease in getting licences and permits, Sharma fears that

mini-zoos may be fronts to feed wild meat restaurants.

 

Chris Shepherd of wildlife trade monitoring body TRAFFIC shares this

concern, and adds that the zoos' incessant demand for exotic species,

to attract visitors, is fuelling trade in threatened species.

 

He says right now, an endangered species, no matter how imperilled

here or in its country of origin, has practically no protection if it

is not listed in the WPA. This is the case for many amphibians,

turtles, tortoises and fish which are widely traded.

 

Misliah argues that Perhilitan issues special permits with care, and

mostly only for non-threatened species. As for not withdrawing the

permits, she says: " We need strong reasons to cancel them. We also

consider that zoos contribute to tourism and the economy. "

 

Since the WPA cannot be totally relied on to check zoos for poor

management and cruelty to animals, she says Perhilitan focuses its

policing effort in terms of wildlife licences and permits. She says

each zoo is checked at least once a year, usually when they apply to

renew their wildlife licences and permits. Perhilitan staff then vets

their stock books (which record births, deaths and purchases of

animals). These are followed by irregular visits, especially for the

notorious ones.

 

But going by the deplorable state of some zoos, the enforcement visits

are not frequent enough. Also, instances where seized animals were

returned to the zoo operator when he does obtain a licence or permit

make a mockery of policing efforts.

 

Misliah says seized animals are returned only if Perhilitan finds no

place to keep or release them to, provided the animals are tame and

the zoo has the expertise and facilities to keep them. In many

instances, she adds, confiscated animals were not returned, such as

the recent seizure of seven slow lorises from a pet shop in Kuala

Lumpur. The primates – said to be for the Amazing 10 Adventures show

in Genting Highlands, which has not been issued any special permits –

are now housed at the Sungai Dusun Centre in Selangor for captive

breeding.

 

 

 

Bill with bite

 

Misliah, however, is optimistic that the current sad state of affairs

in wildlife parks will be history under the proposed new wildlife

legislation. The Wildlife Protection and Conservation Bill promises

wider coverage, including mandatory licensing of zoos and provisions

for animal welfare, minimum cage sizes, high fees for special permits

and identification micro-chips for important species to enable

tracking. Misliah says the current zoo management guidelines will be

gazetted into a Regulation to give it legal sting.

 

But tabling of this Bill has been shelved countless times. It might be

years before it is enforced. What can be done in the mean time to

protect captive wildlife?

 

One way, suggests Shoba, is to stop visiting zoos and theme parks that

have a poor record ofwildlife-handling. " By not supporting these

places, you can exert pressure on them to change. "

 

But more importantly, Perhilitan can call the shots: it can always

stop renewing and issuing permits to keep totally-protected species.

 

# Report wildlife violations in mini-zoos to Perhilitan at 03-90752872.

 

Wildlife violations by mini-zoos in 2006 and 2007

# Recreation park with mini-zoo (Pahang): Fined RM3,000 for keeping

elephant teeth and hide of a barking deer without permits.

 

# Theme park (Malacca): Kept one whitecrested hornbill, one buffy fish

owl and one spotted wood owl without permits, and a wild-caught

elephant calf. Cases are ongoing.

 

# Bird park (Langkawi): Kept one paradise bird, two leaf monkeys, two

pig-tailed macaques and one python without permits. Cases are ongoing.

Was also fined RM270 for keeping nine stuffed birds without permits.

 

# Mini-zoo (Kedah): Fined RM6,000 for keeping one rhinoceros hornbill,

one black hornbill, three Moluccan cockatoos, two porcupines, one palm

civet, one buffy fish owl, two crested serpent eagles and 25 emerald

doves without permits.

 

# Mini-zoo (Genting Highlands): Keeping a wild-caught python. Case is ongoing.

 

# Theme park with mini-zoo (Perak): Fined RM400 for keeping one buffy

fish owl and one porcupine without permits.

 

# Mini-zoo (Johor): Kept three binturongs, two Malay civet cats, one

silver leaf monkey, one masked palm civet and one tapir without

permits. Cases are ongoing.

 

Perhilitan has withheld the names of the zoos.

 

Guidelines on management of zoos

# The operator must prove to the wildlife authority its capability in

terms of management, administration, funding and expertise.

 

# Applications for new zoos will be vetted by a special panel with

members from wildlife, veterinary, environmental and economic planning

agencies, as well as Mazpa, Malaysian Nature Society and external

experts.

 

# Applications must include a concept plan specifying species, numbers

and size of display areas.

 

# Zoos must have written permission from the wildlife authority and

related agencies before they can be set up.

 

# The wildlife authority can stop the zoo operations if it fails to

comply with conditions and rules.

 

# Zoos must have good infrastructure, proper enclosures, good animal

welfare and nutrition, record-keeping, ensure public safety, conduct

post-mortems, offer recreation, be educational, conduct research,

promote captive-breeding and help conservation.

 

# Animals must be legally sourced.

--\

------

 

 

 

Focus

Tuesday March 27, 2007

 

Need for greater scrutiny

 

MANY animal park start out fine but quickly deteriorate due to high

running costs, shortage of trained staff, poor knowledge of animal

ethics and welfare, and poor funding, says Zoo Negara director Dr

Mohamad Ngah.

 

" Keeping animals is costly. Zoo Negara, for instance, has a RM7mil

operation expenditure annually, " he says.

 

Zoo Taiping director Dr Kevin Lazarus laments that many think keeping

wildlife simply means housing them in a cage or enclosure and feeding

them when, in reality, captive animals need loads of care and

attention.

 

" Keeping animals is not easy. If a theme park wants to keep animals,

it must have the right people, proper facilities, good husbandry and a

good feeding regime. "

 

Animal enclosures, he says, should not be empty but filled with

" enrichment furniture " such as logs, trees, pools, elevated platforms

and a family group for social interaction.

 

Lazarus says some mini-zoos need help to improve, and the Malaysian

Association of Zoological Parks and Aquaria (Mazpa), which he chairs,

can assist as it holds training courses in animal ethics and welfare.

Perhilitan guidelines on zoo management also state that all animal

parks must be members of Mazpa but this is not necessarily helpful

since several of Mazpa's 12 members themselves have flouted the law.

 

World Wide Fund for Nature executive director Dr Dionysius Sharma

attests that zoos are important for ex-situ conservation, education,

captive breeding and research but many fail to fulfil these functions,

being merely exhibitions of animals with little educational worth.

 

He says audits are needed to judge an operator's ability to sustain

the venture in terms of management and funding.

 

Sahabat Alam Malaysia (SAM), which has found numerous atrocities in

zoos and animal parks in past surveys, insists on a resident vet for

all zoos. Now, many rely on consultant vets, who, although qualified,

may be inexperienced in treating wild animals.

 

Zoology medicine is a highly-specialised field of veterinary medicine

and furthermore, most zoos have a diverse array of animals.

 

SAM also calls for annual scrutiny and for operating licences to be

mandatory, renewed annualy, and withdrawn, if guidelines are flouted.

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