LOOPHOLE IN EXOTIC SPECIES LAW
‘Too many animals fall in grey area of law because they are not explicitly listed as restricted’
PEOPLE are required to obtain permits to keep exotic animals and reptiles that could be dangerous. However, many creatures fall in a grey area in the long list of prohibited species.
Wildlife biologist Dr Tengku Rinalfi Putra Tengku Azizan said this was common around the world as the number of animals that were dangerous and not endemic to a region was too many and dynamic, since new species were discovered daily.
“While the public cannot bring in these animals without permits from the Wildlife and National Parks Department (DWNP), Veterinary Services Department or Agriculture and Food Industries Ministry, many others fall in a grey area because they are not explicitly listed as banned or restricted animals.
“It may be ridiculous to list them all down, but the authorities can introduce an inclusion clause (to the list) to specify that the banned or restricted animals include whatever the directorgeneral or minister determines to be dangerous or hazardous to the public, wildlife, plant life and environment.”
On May 8, a man was killed by a puff adder that was kept by his friend, an exotic pet keeper. The highly venomous snake that was brought in from the African continent is still believed to be on the loose.
DWNP director-general Datuk Abdul Kadir Abu Hashim told the New Straits Times that the puff adder was not a scheduled species under the Wildlife Conservation Act 2010 (Act 716) nor the International Trade in Endangered Species Act (Act 686).
As such, Kadir said the regulation of the said species was beyond their jurisdiction.
Dr Tengku Rinalfi said that despite this loophole, the legislative hurdle could be countered by the Customs Department’s need for authorities to endorse bringing in live animals, domestic or otherwise.
“I’m sure no one would approve or endorse the import of dangerous species as pets, or any species of foreign origin and that are not established as livestock, as it could pose bio-hazard threats.
“For instance, you even need a special permit to transport domestic animals such as dogs to prevent rabies outbreaks.”
The senior lecturer from Universiti Putra Malaysia said such reports had yet to serve as a cautionary tale to the public.
“There could be millions of cases that may not be this severe, but they are similar,” he said, adding that a dangerous trend was seen over these past five years where more people wanted to keep such animals.
“The more exotic and dangerous it is, the more they want to keep it. This is an unhealthy desire.
“It will be too late to go looking for it once it wriggles out of your backyard and starts to breed,” he said, adding that he still could not understand how the keeper managed to bring in the adder and believed that those seeking to evade the law could get their hands on the species via smugglers.
He cited the Everglades wetlands in the United States — considered a poster child of invasive species in the natural systems — with multiple snake, fish and plant species threatening to topple the crucial network that protects the Florida peninsular from hurricanes and floods.
Burmese pythons have become so populous in the marshes that scientists say that eradication is unlikely as small mammals, white-tailed deer, cottontail and brown marsh rabbits registered catastrophic declines.
The South Florida Sun Sentinel quoted a 2015 experiment by Florida University’s biologist Robert McCleery, which saw dozens of marsh rabbits fitted with radio transmitters and released in the national park. McCleery’s team reported that pythons devoured 77 per cent of the bunnies.
Meanwhile, Kadir said the DWNP did not encourage keeping venomous snakes as pets and that it had stopped issuing licences for such dangerous species to be kept beginning 2016.
However, those with existing licences may continue to keep their pet.
“We require cooperation from the public to inform us if anyone violates these regulations, which may threaten the safety of people at large.”
He said since the case was beyond DWNP’s jurisdiction, its policy was not applicable in the case of the adder.
Associate Professor Dr Ahmad Khaldun Ismail from Hospital Universiti Kebangsaan Malaysia Emergency Medicine Department told the NST that the puff adder case was the first recorded case of a snakebite envenoming from the species in the country.
He said only two previous cases of bite envenoming from exotic snakes (rattlesnakes) were previously reported.
The victim in the puff adder case died 23 hours after being bitten while the authorities were procuring the antivenom (Antivipmyn-Africa) from the Singapore Zoo.
The report also quoted him saying that the snake could still be in the owner’s possession and was being hidden.
“This incident highlights the danger of keeping exotic venomous animals without proper documentation and registration with the authorities,” added Dr Ahmad.
The puff adder (Bitis arietans) is estimated to cause over 40,000 deaths annually in Africa, and without appropriate clinical management and antivenom, the outcome is poor.
Dr Ahmad said the incident should serve as a reminder for those keeping medically significant species, legally or otherwise, to have a plan, including access to adequate antivenom.
“It is the responsibility of the one bringing in the exotic venomous species.
He also stressed the importance of introducing an act for protecting, preserving and managing wildlife to maintain a healthy ecosystem and safeguard public safety and health.