Import and export
Any person who imports or exports any scheduled species without a permit commits an offence and shall, on conviction, be liable—
(a) where such person is an individual, to a fine not exceeding one hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of one million ringgit, or to imprisonment for a term not exceeding seven years or to both;
(b) where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of two million ringgit.
Re-export and introduction from the sea
Any person who re-exports or introduces from the sea any scheduled species without a certificate commits an offence and shall, on conviction, be liable—
(a) where such person is an individual, to a fine not exceeding one hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of one million ringgit, or to imprisonment for a term not exceeding seven years or to both;
(b) where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of two million ringgit.
Possession of scheduled species
Any person who—
(a) has in his possession or under his control;
(b) sells, offers or exposes or advertises for sale; or
(c) displays to the public,
any scheduled species which has been imported or introduced from the sea in contravention of section 10 or 11 commits an offence and shall, on conviction, be liable—
(aa) where such person is an individual, to a fine not exceeding one hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of one million ringgit, or to imprisonment for a term not exceeding seven years or to both;
(bb) where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of two million ringgit.
Scheduled species in transit
(1) Every scheduled species in transit in Malaysia shall be accompanied by—
(a) a valid export or re-export permit, licence, certificate or written permission, in accordance with the Convention, issued by the competent authority of the country of export or re-export, as the case may be, of the scheduled species; and
(b) where required by the country of import or final destination of the scheduled species, a valid import permit, licence, certificate or written permission, in accordance with the Convention, issued by the competent authority of that country or destination.
(2) Any owner, importer, exporter or re-exporter who contravenes subsection (1) commits an offence and shall, on conviction, be liable—
(a) where such person is an individual, to a fine not exceeding one hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of one million ringgit, or to imprisonment for a term not exceeding seven years or to both;
(b) where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of two million ringgit.
Breeding or propagation of scheduled species
(1) Any person who produces captive bred animal or artificially propagated plant or animal of any scheduled species for commercial trade purposes without being registered with a Management Authority commits an offence and shall, on conviction, be liable—
(a) where such person is an individual, to a fine not exceeding one hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of one million ringgit, or to imprisonment for a term not exceeding seven years or to both;
(b) where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of two million ringgit.
(2) Any person who—
(a) has in his possession or under his control;
(b) sells, offers or exposes or advertises for sale; or
(c) displays to the public,
any scheduled species which has been produced in contravention of subsection (1) commits an offence and shall, on conviction, be liable—
(aa) where such person is an individual, to a fine not exceeding one hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of one million ringgit, or to imprisonment for a term not exceeding seven years or to both;
(bb) where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit for each animal, plant, or readily recognizable part or derivative of the animal or plant, of the scheduled species but such fine shall not exceed in the aggregate of two million ringgit.
Power to require scheduled species to be marked, etc.
(1) A Management Authority may require any owner, importer, exporter or re-exporter of scheduled species to brand, label or otherwise mark such scheduled species to the satisfaction of the Management Authority.
(2) Notwithstanding subsection (1), the Management Authority may brand, label or mark any such scheduled species.
(3) Any person who contravenes any requirement of the Management Authority under subsection (1) commits an offence and shall, on conviction, be liable—
(a) where such person is an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both;
(b) where such person is a body corporate, to a fine not exceeding one hundred thousand ringgit.
(4) Any person who alters, counterfeits, defaces, destroys, erases, removes or in any manner tampers with any brand, label or mark referred to in subsection (1) or (2) without the prior approval of the Management Authority commits an offence and shall, on conviction, be liable—
(a) where such person is an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding seven years or to both;
(b) where such person is a body corporate, to a fine not exceeding two hundred thousand ringgit.
(5) In this section, a reference to the labeling or marking of scheduled species includes a reference to the following:
(a) in the case of a plant—
(i) the labeling or marking of a container in which the plant is kept or in which the plant is growing; or
(ii) the placement of a label or tag on the plant; and
(b) in the case of an animal—
(i) the implantation of a scannable device in the animal;
(ii) the placement of a band on any part of the animal;
(iii) the placement (whether by piercing or otherwise) of a tag, tattoo or ring on any part of the animal; or
(iv) the labeling or marking of a container in which the animal is kept.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
