Kota Kinabalu: A 30-year-old man who trespassed into Taman-Taman Sabah’s Pulau Tiga Park to fish was fined RM10,000 or seven months’ jail by the Sessions Court here on Tuesday.
Fazli Gais pleaded guilty before Judge Marlina Ibrahim to entering the gazetted conservation area in Kuala Penyu between 5.09am and 6.26am on July 31, this year, without written permission from Sabah Parks.
Fazli had committed an offence under Section 48(1)(p) of the Parks Enactment 1984 (Amendment 2024), which provides for a maximum penalty of one year’s imprisonment, a fine of up to RM50,000, or both, on conviction.
He was jointly charged with another man, Jamri Jamalul, who on Aug 27, this year was also fined RM10,000 or seven months; jail after pleading guilty to a similar charge.
Sabah Parks’ prosecuting officers Roslizan Sallin and Feldena Meldora Anthony, in tendering the facts of the case, informed the court that Fazli and his companion had gone into the restricted zone in a blue-and-white boat, equipped with nets, handlines and other fishing gear, and were intercepted during a dawn patrol by a 13-member Sabah Parks enforcement team led by Park Ranger Eddy Robert.
One boat carrying two other men managed to flee upon spotting the enforcement officers, but Fazli’s vessel was stopped.
A diving net was found nearby and seized, together with five nylon diving nets, three handlines, a green storage container and about 28.2 kilogrammes of freshly caught fish.
The enforcement team also confiscated the boat, a Yamaha Enduro engine and two Yamaha fuel tanks, each with a 24-litre capacity.
Unrepresented, Fazli pleaded for a lenient sentence, citing his lack of a fixed income and responsibility to support his family.
The prosecution, in urging the court to impose a deterrent sentence, said the offence took place within the jurisdiction of Taman-Taman Sabah, specifically Pulau Tiga Park, gazetted and legally protected marine conservation area.
The park had been designated for the preservation of biodiversity and the marine ecosystem, and any unauthorised entry and fishing posed a serious threat to its role as a sanctuary.
The prosecuting officers also submitted that the case involved clear planning and intention.
Fazli had not entered the area by chance but had come equipped with a boat, engine, fuel tanks, multiple nets, handlines and a storage container, showing that he had deliberately prepared for illegal fishing.
Roslizan also pointed to the environmental harm caused by the activity.
The seizure of more than 28 kilogrammes of fish and several nets proved that fishing had taken place, which risked destroying sensitive marine habitats.
The long-term impact on biodiversity, he stressed, would be severe and require considerable time and cost to restore.
The court also heard that one of the boats had tried to flee when approached, showing that the offenders were aware of their wrongdoing.
Although Fazli’s boat was caught, both he and his companion denied ownership of the seized nets despite their close proximity, a stance the prosecution said showed a lack of remorse and responsibility.
The prosecution argued that if such offences were not dealt with firmly, they would set a bad precedent and encourage further encroachment by other fishermen.
The prosecution urged the court to impose a maximum or near-maximum penalty to send a strong message that protected areas under Taman-Taman Sabah, including Pulau Tiga Park, cannot be trespassed upon at will.
