MICHAEL MEGANG¹

Tebedu is located on the Indonesian border, approximately 120 km from Kuching. It has a population of 8550, mostly people of the Bidayuh ethnic community. With a good road and modern facilities, including a new township known as Bandar Mutiara (Pearl town), and the presence of government agencies, it has become an important border crossing.

Six government agencies have offices at Tebedu: the Immigration, Medical, Agriculture, and Road Transport Departments, the Royal Malaysian Police and the Royal Malaysian Customs and Excise Department. There are also three semi-government agencies: Harwood Timber, Malaysian Fisheries Board and Sarawak Timber Industries Development Corporation.

The laws and regulations implemented by the Royal Malaysian Custom and Excise Department has several differences with Sarawak’s Wild Life Protection Ordinance. For example, trade in turtle eggs is illegal under both laws, but under the Customs act cases are to be referred to the federal Department of Wildlife and National Parks (PERHILITAN) while under Sarawak law it has to be referred to the State Forestry Department. Similarly, under the Customs law import and export of edible birds’ nests requires a licence from PERHILITAN, while under Sarawak law a licence from the Forestry Department is required. Under the Customs law, import and export licences are not required for plants, but Sarawak laws require licences for the import of timber, phytosanitary certificates, and licences for protected species of plants. These differences often cause confusion to the Customs officers in assisting the Forest Department’s enforcement efforts.

Cases were written up base on events at the international border crossing at Tebedu between March and June 2001 and interviews with customs and agriculture officers stationed at Tebedu.

Further information was obtained from the Royal Malaysian Customs and Excise Practical Guidebook to Custom Duty Order 1997, the Royal Malaysian Custom and Excise Act 1998, Forestry Department enforcement duties reports since 1999, the annual report for Tebedu Sub-district, and Serian District Office record of villages and community leaders for year 2000.

Sawn timber
In April 2001, Forestry Wildlife Enforcement Officers received a complaint from the public and Customs Officers that protected species of timber such as menggeris and engkabang were being imported into Sarawak from Indonesia illegally. The Department sent an official memorandum to the Customs Department at Tebedu to draw their attention on the requirement for a licence to import protected timber.

In June 2001, protected timber (menggeris) was still being imported, but was declared as meranti. Spot-checks at the Harwood timber depot at Tebedu found 420 pieces of menggeris declared as meranti.

Turtle eggs
In July 2000, a Sarawakian was caught smuggling 30 turtle eggs from Indonesia. She was fined RM1000 and the eggs were confiscated.

In early 2001, a total of 2606 turtle eggs was confiscated by Custom Officers on two separate occasions from express buses travelling from Pontianak to Kuching. No legal action was taken as nobody claimed the eggs. The eggs were surrendered to the Forestry Department.

Edible birds’ nests
In December 1999, an Indonesian was caught smuggling 5 small packets (weight unknown) of processed birds’ nests. She was fined RM175 and the seized birds’ nests were returned to her.

In August 2000, a British tourist was caught smuggling 3.5 kilograms of processed birds’ nests. She was fined RM650 and the seized items were returned.

Pangolin scales
In December 1999, an Indonesian was caught smuggling 1.3 kilogram of pangolin scales. No legal action was taken as the accused had gone back to Indonesia, but the scales were confiscated.

Incense wood (kayu gaharu)
A Sarawakian was caught smuggling 12 tonnes of incense wood from Indonesia without a valid license. He was fined RM2,300 and the seized items were returned.

Action by Tebedu Customs
Before 1999, wildlife-related activities at Tebedu were not given priority by other government agencies, including the Customs Department. The situation has changed since Forestry Department officers began doing regular enforcement duties at Tebedu. Customs officers are now more aware and do take action against any illegal wildlife activities, as shown by the seizure of turtle eggs on two occasions.

Competence of Customs officers
Two Customs officers attended courses about fauna, the Sarawak Wild Life Protection Ordinance and the Cites convention. Although they are now more familiar with the Ordinance, administrative problems remain, such as custodial procedures.

Illegal activities
Despite regular enforcement and patrolling at Tebedu, illegal wildlife activities are still prevalent. This may due to –

• Light penalties: The fines imposed are not a deterrent. For most wildlife cases at Tebedu, less than 10% of the maximum fine was imposed, and no jail sentence has ever been given.
  

• Seized items are returned: Most of the seized items (except for turtle eggs) were returned to the offenders after paying the fine.

These factors mean that the public takes wildlife offences lightly.

Regular enforcement and patrolling are vital as they motivate other government agencies to assist in enforcing the Wild Life Protection Ordinance and fills gaps in their knowledge of wildlife law. It will also show the public that we do not take wildlife cases lightly.

Training and courses should be conducted for officers of other relevant government agencies based at Tebedu.

The penalties imposed for wildlife offences must the severe enough to deter offenders. Heavier fines or even jail sentences should be imposed.