Kota Kinabalu: Two local men were fined RM6,000 each while a Filipino was jailed 10 months by the Sessions Court, Wednesday, for having and transporting 2,100kg of endangered marine bivalves.
Otong Sariul, 57, Hamid Sariol, 50, and Filipino Leleng Pingkal, 45, pleaded guilty before Judge Elsie Primus to committing the offence at 2.10pm on Sept 27, last year on a local fishing boat 58 nautical miles northwest of Simpang Mengayau, Kudat.
The charge stated that the trio were found having and transporting endangered species of dried small giant clam (Kima) 2,100kg without written permission from the Director General of Fisheries.
The offence under Regulation 2(1) of the Fisheries (Control of Endangered Species of Fish) Regulations 1999 is punishable under Section 25(b) of the Fisheries Act which provides for a fine of up to RM20,000 or up to two years jail or both, on conviction.
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Further inspection on the boat found the trio transporting endangered marine species and investigations revealed that there was no written permission from the Director General of Fisheries.
The identification of the dried kima species from the Batu Maung Fisheries Research Institute confirmed that the sample referred to is kima, among others from the species Tridacna Maxima, which is specified under Regulation 2 Table of the Fisheries (Control of Endangered Species of Fish) Regulations 1999.
Counsel Chong Kian Meng, representing the three, requested a lenient sentence as they were remorseful and had pleaded guilty at the first instance.
DPP Nurun applied for a heavier sentence as the offences committed were serious. The prosecution said endangered species trafficking is a serious offence which must be prevented as such activity could bring the extinction of the species.
Malaysia should not be made a transit point in the eyes of the international community and Malaysia and other countries have agreed to co-operate and preserve wildlife species and the said Act was to serve the purpose, said DPP Nurun.
Elsie ordered Leleng to be referred to the Immigration Department after serving the sentence and ordered all items seized to be forfeited by the government.
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