An appraisal of the Malaysian legal framework in conserving the marine endangered species

The 4th Global Biodiversity Outlook produced by the Convention on Biological Diversity 1992 (CBD 1992) has presented the current status of wildlife globally; the species recorded as ‘endangered’ has further reduced in their population size, some declared as extinct, while more species is projected to be downgraded to ‘threatened’ status. As a party to the CBD 1992, Malaysia is responsible to take action in preserving the endangered species. This paper examines the current Malaysian legal framework in protecting and preserving the Marine Endangered Species (MES) and their habitat through content analysis of two Multilateral Environmental Agreements (MEAs), United Nation Convention on the Law of the Sea 1982 (UNCLOS 1982), three national policies and seven legislations relevant to MES and their habitat protection. It was found that the National Biodiversity Policy 2016-2025 and the National Policy on the Environment 2002 places adequate measures that must be taken, especially on legislative matters. It was observed that the Wildlife Conservation Act 2010, International Trade in Endangered Species Act 2008 and the Fisheries Act 1985 provided adequate protection to the MES but not on their habitat. The Environmental Quality Act 1984 and the Merchant Shipping Ordinance 1952 provides for environmental protection but do not specifically protect MES habitat. This reflects the laws protecting the MES and their habitat are sectoral in nature. It was also observed that coastal areas vital to the turtle nesting is under individual State law and where the Federal law has no jurisdiction. These legislative barriers must be overcome to ensure the MES residing in Malaysian waters can preserve its population and avoid extinction. As a conclusion, it can be observed that Malaysia is party to a number of conservation related MEAs. The national policies are clear in its intent to increase the protection of MES and their habitat. Nevertheless, the current sectorial nature of the legislations does not fully reflect the intent of the national policies. It is recommended that a comprehensive umbrella law to adequately protect the MES and their habitat should be enacted urgently.