A new regulation spells hope for the betterment of animals kept in zoos.
IF
animals could laugh and sing in happiness, there would be some
trumpeting of joy emerging from zoos and wildlife parks in Peninsular
Malaysia for on Feb 1, the Wildlife Conservation (Operation of Zoo)
Regulations 2012 was gazetted.
The new regulation gives voice to
the need to regulate zoos systematically and to higher standards. Animal
lovers and conservationists have long highlighted the terrible
conditions under which wildlife is held in captivity in such
establishments. The problem was also widely highlighted in the media
last year.
The new regulation is made possible with the
enforcement of the Wildlife Conservation Act 2010 in December 2010. It
replaces the Protection of Wildlife Act 1972 which had been criticised
as lacking bite and failing to address many concerns.
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| Contrasting habitats: At Taiping Zoo, the orang utan enclosure has a good soft substrate and enrichment equipment, such as climbing vines. |
One of the failures was the lack of power for the Department of
Wildlife and National Parks (Perhilitan) to act against errant zoos and
wildlife parks. Also, the old legislation has no provisions addressing
wildlife welfare and cruelty to captive animals. The new regulation
resolves these loophole as it provides for some areas where Perhilitan
could take action against errant zoos.
Zoo operators have a
six-month grace period to comply with the new requirements of the
regulation. Those which do will be issued an annual permit. Any person
operating a zoo without a permit is liable to a fine not exceeding
RM70,000 or/and a prison term not exceeding three years.
The new regulation requires zoos and animal parks to:
> Adhere to minimum cage sizes, which are specified according to various animal groups.
> Have a quarantine area and a veterinary clinic or hospital.
> Employ a full-time consultant veterinarian.
> Provide vaccination of animals by a veterinarian or anyone under his supervision.
> Provide nutritious and sufficient food for the animals, as prescribed by a veterinarian.
> Maintain a record of kept animals and their health care.
> Ensure the cleanliness of the facility.
> Conduct euthanasia of wildlife whenever necessary.
> Conduct wildlife shows that involves the animals’ natural behaviours only.
> Submit a deposit to Perhilitan for the upkeep of animals should they be seized.
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| Instead of a grassy meadow to graze, all that these deer have in their enclosure in a wildlife park in Bukit Merah, Perak, is muddy earth. Wildlife groups are unhappy that the new regulation is silent on the suitable types of substrate for animal enclosures. |
Operators
who contravene these provisions are liable to a fine not exceeding
RM100,000 or/and a prison term not exceeding five years.
Singapore-based
non-governmental organisation Animal Concerns Research and Education
Society (Acres), which has done several surveys of Malaysian zoos and
pointed out the weaknesses of these establishments, views the new
regulation positively.
“It is undoubtedly a good start and it
shows that Perhilitan is serious about addressing zoo animal welfare
issues and has also responded positively to the feedback given by Acres,
other non-governmental organisations (NGOs) and members of the public.
This is undoubtedly one of the best zoo regulations we have seen in
South-East Asia,” says executive director Louis Ng.
Upreshpal
Singh, founder of the Friends of Orang Utans Malaysia, concurs. “The new
law looks really good and it comes at a time when many zoos still have
to improve, some more so,” he says.
While acknowledging that the new regulation is “a good start”,
Sahabat Alam Malaysia (SAM) president S.M. Mohamed Idris questions if
Perhilitan has the manpower to inspect the many operations that house
wild animals. “The new legislation cannot be effective until enforcement
officers have acquired expertise in recognising defects in animal
husbandry and can devote their time to unannounced physical checks of
premises,” he says.
The Natural Resources and Environment
Ministry (NRE), however, assures that there will be enough manpower to
scrutinise the zoos as it will rely on Perhilitan’s zoo audit team, law
enforcement team and wildlife crime units, as well as its own
independent zoo review panel. In response to concerns raised by Traffic
South-East Asia senior communications officer Elizabeth John, it says
the operating permit of a zoo will not be automatically renewed each
year. An audit would be done first to ensure compliance with the
regulation. In addition, Perhilitan will conduct enforcement checks,
attend to public complaints and provide advice to the zoos.
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| A March 2011 filepix of a sickly lion with wounds on its head and skin lesions, in a tiny cage with damp flooring at Saleng Zoo in Kulai, Johor. The new regulation stipulates minimum cage sizes for captive animals. |
Too lenient
Sean
Whyte, founder of Britain’s Nature Alert and a strong critic of
Malaysian zoos, describes the regulation as “comprehensive and
excellent”. However, he worries about Perhilitan’s dismal record in
enforcing the law and the leniency which it has shown to some zoos. “The
new law will be useless if not enforced diligently and transparently by
Perhilitan. We can only judge them by what they do, not by what they
say they will do,” cautions Whyte.
The Ministry counters that NGOs, instead of making accusations, should join Perhilitan in its Teman Zoo Program (Friends of Zoos Programme), an outreach programme launched in July last year for guidance to zoo operators.
“The
NGOs can file their complaints to various government agencies, media
and political parties if they feel Perhilitan has committed any wrong
doings,” it adds.
Measures to monitor the diet of captive animals
and their health records are addressed in the Zoo Best Management
Guidelines which are now being drafted. On the NGOs’ criticism that the
regulation is silent on the type of substrate and furniture used in
animal enclosures, the Ministry says these will be controlled by
Perhilitan’s zoo audit team and the NRE zoo review panel.
The
Ministry says animal inventory – data on births, deaths, acquisitions,
escapes, transfers and releases – will be governed by the main Act,
specifically in the provisions on “licences and permits”, and also under
“duties and obligations”.
“The animal’s record must tally with
the tag ID which must be reported to the licensing division for
verification when acquiring the animal,” says the Ministry.
But a perusal of the main Act sees some ambiguity in matters concerning animal births, escape and release.
Purely entertainment
One
contentious issue with regards to wildlife park operations is the
running of animal shows to entertain visitors. Among the acts which had
wildlife lovers fuming were: a sun bear made to support itself on a
rolling drum; a pig-tailed macaque on a leash made to dive into a tank
of water from a raised platform; and orang utans made to cycle.
Previously,
zoos have been issued “instructions” to conduct shows which only
exhibit the natural behaviour of animals but this was openly flouted.
The instruction is now provided for under the regulation.
The
Ministry says if zoos fail to comply with the new requirement after the
six-month grace period, action will be taken. “The public, too, must do
their part by not demanding for circus acts and shy away from it.
Awareness is pertinent in this aspect,” it says. To ensure the welfare
of captive animals, matters pertaining to cruelty and mistreatment are
covered in the main Act.
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| Do it right: Will our zoos look like this in future? This lush enclosure at Singapore Zoo provides a semi-wild environment for a captive tiger. |
Meanwhile, three other regulations are
being drafted to address other concerns. The proposed Wildlife
Conservation (Disposal) Regulations will stipulate matters on euthanasia
of animals and require records of disposals to be reported to
Perhilitan’s licensing division. The proposed Wildlife Conservation
(Commercial Captive Breeding) Regulations will regulate breeding and
surplus zoo animals. Transportation of animals to and from zoos will be
covered under the proposed Wildlife Conservation (Exhibition) Regulations.
Meanwhile,
SAM asks that all proposed new zoos and parks – such as the purportedly
largest bird park in South-East Asia, to be sited at the Botanical
Gardens in Ayer Keroh, Malacca; the zoo in Kemaman, Terengganu; and the
Bukit Gambang Safari Park in Kuantan – be put on hold. It says getting
existing zoos to meet the new standards should be the priority for
Perhilitan.
The department, however, sees no reason why the new
zoos should not be set up as long as they are in accordance with the new
regulation. Well, it remains to be seen how effective the policing of
the new law will be. Meanwhile, those concerned with the treatment of
animals in zoos say they will be vigilant.
Source : thestar.com.my
