Community Patrolling On The High Seas

Honorary Park Wardens will be the local eyes and ears in

protecting the proposed Tun Mustapha Park writes Nadiah Rosli

Study after study have attested to the rich biodiversity found along the shorelines of Kudat, Kota Marudu and Pitas District in the northern region of Sabah. With over 50 islands and islets, this area which spans close to one million hectares of coral reef, mangrove, seagrass and productive fishing grounds has been earmarked for the proposed Tun Mustapha Park (TMP). In 2003, TMP was proposed by the State Government of Sabah shortly after it was recognised as a globally significant priority marine conservation area. It will be the country’s largest multiple-use park and second largest in Southeast Asia. Once gazetted, TMP will be evidence of Malaysia’s commitment to the Coral Triangle Initiative on Coral Reefs, Fisheries and Food Security and contribution towards meeting the Aichi Biodiversity Target.

However, TMP is more than a collection of impressive scientific findings or statistics of its natural heritage. This proposed marine park is made up of the many communities living on its shorelines – all of whom have a stake in what is happening in the place they call home. Over 80,000 coastal and island residents of TMP rely on fishing for their livelihoods and the rich marine resources in the area. Subsequently, TMP will be a test case for the impact of marine conservation on local people. Through a more collaborative and inclusive approach on the management of this proposed marine protected area, local community representatives will be trained as the eyes and ears of enforcement agencies through the Honorary Park Wardens program.

CAUGHT IN THE ACT

To date, 53 marine protected areas have been established in the country, which constitute less than 2% of our coastal and marine area. This falls greatly short of our commitment to the Aichi Biodiversity Target of protecting at least 10% of our ocean. Moreover, marine parks are relatively recent compared to its terrestial counterparts with Taman Negara being set up as far back as 1938.

TMP will be the sixth marine park managed by Sabah Parks after Tunku Abdul Rahman Park (the first marine park gazetted in Malaysia in 1974), Pulau Tiga Park, Turtle Islands Park, Tun Sakaran Marine Park and Sipadan Island Park. Success stories abound in the 40 years of Sabah’s track record. Some of the highlights include over 16 million hatchlings released to the sea in the last 14 years at the Turtle Islands Park, the humphead wrasse, a CITES listed endangered fish species was banned from export out of Sabah in 2010 and numerous foreign vessels transporting illegally caught endangered marine turtles and other species were apprehended in the past decade. So is Sabah Parks ready to face a host of new challenges to manage an area that is close to 1 million hectares?

Pulau Tigabu © WWF-Malaysia-Kimberly Chung

                                                                                                                                  

Sabah Parks Park Manager, Thomas Yussop, remarked that efforts are underway in preparing the management plan for TMP and some of the challenges that have been identified include financial constraints and providing adequate staff, infrastructure, transportation and communication facilities in the marine park. Additionally, security is one of the most pressing issues to address. Since TMP will be the biggest multiple-use marine park in the country, enforcement will be a challenge as it is impossible for the park to manage the vast area without the support from other agencies. Its proximity to international borders and the number of villages within the proposed park area means that it is an uphill task to monitor the offences committed.

In addition to security, shipping, fishing and trans-boundary movement activities are also quite high. Monitoring this requires the formation of several special committees which will involve many parties particularly involving safety issues. We also aim to avert activities such as marine resource extraction using destructive methods.

Furthermore, TMP is a strategic location for smugglers. The discovery of 19 endangered turtle carcasses in Pulau Tiga, Kudat in March this year made international headlines as the same syndicate is suspected to be responsible for the 50 turtle carcasses found on the same isand last year. Such crime scenes will not be repeated at TMP, an assurance given by Sabah Parks Chairman, YM Dato' Seri Tengku Zainal Adlin Bin Tengku Mahamood once the park is gazetted.

“Our Standard Operating Procedures will be the same because Sabah Parks has a good track record. But we will definitely increase more staff on the ground to put a stop to such happenings. No way that will happen again as our stations will be ready. TMP is an area of global importance and more education and awareness are needed to protect it,” stressed YM Dato' Seri Tengku Zainal Adlin.

LAW-ABIDING LOCALS

TMP differs from other marine parks in the country as it will have multiple zones in tandem with existing distribution of groups along the coastline. These include no take zones, community use zones, multiple use zones and commercial zones. But the TMP is not immune from environmental threats to its fragile ecosystem. Overfishing, habitat degradation and poaching of wildlife persist in the area. Therefore, enforcement will be a key component in putting the ‘protection’ for this proposed marine protected area.

From the get-go, management of the park will be a collaborative effort between Sabah Parks with the local communities to protect marine and coastal ecosystems as well as to manage the rich resources contained within it. Where violations are concerned, collaborative enforcement will be implemented between the enforcement agencies such as Sabah Parks, Malaysian Maritime Enforcement Agency, Department of Fisheries Sabah, Marine Police, Sabah Wildlife Department, the military, Sabah Port & Harbor Department as well as the wildlife wardens in the proposed TMP. Apart from providing a visual presence, a timely and effective surveillance and deterrence capability is crucial in this concerted effort.

“At present, the length of time taken to respond to complaints received from the public are subject to the seriousness of the complaint. If it involves a third party (for example the security forces or police), it may take quite some time. Usually all complaints received (if the report submitted is clear and supported by relevant information) will be promptly acknowledged and the complainant will be informed about the status of their complaint within two weeks’ time,” stated Thomas.

Through the role of Honorary Park Wardens (HPW), inviduals from various relevant communities who are keen in serving as environmental custodians will be chosen to assist in enforcing the Park Enactment Act 1984 in the proposed TMP. This collaborative management will see active participation by community members and hopes to improve the mechanism by which the authorities respond to violations occuring in marine parks. Local stakeholders such as fishermen and divers will be recruited to monitor and report on illegal practices at sea to enforcement officers and to create awareness on conservation issues. 

BOOST TO ENFORCEMENT

Community patrols set up jointly with enforcement agencies have an edge when checking for illegal encroachment or activities in the proposed TMP. When undertaking surveillance activities, they provide locally experienced presence such as familiarity with their surroundings and the knowledge to identify whether someone is a resident of their area or an outsider.

Monitoring in the TMP ©Banggi Youth Club

According to Thomas, the criterias for appointing an Honorary Park Warden is that the person should be a Malaysian citizen aged 18 years and above;  an ex government staff, ex private company staff or self employed individual and prioritiy is given to residents/villagers living within or adjacent to the park.

In addition, Section 41A of the Parks Enactment 1984 gives the Sabah Parks Director the power to appoint wardens to assist in carrying into effect the provision of this enactment and their appointment shall be notified in the Gazette. Their appointment shall run for a period of three years and may be renewed. Duties of the HPW include:

·    · To report to the park officer or the police any act which contravenes section 48, Parks Enactment 1984;

·    · To educate the local community, especially those adjacent to the park regarding the parks’ policies and the offences as stipulated in the enactment as well as the issues related to protection and conservation of the park;

·    · To patrol together with the park officer for the purpose of prevention activities that conflict with the Parks Enactment 1984.

·    · To inform the Park officer about any community issues and proposed a way forward in solving;

·    · Helping the Park officer to enforce the Parks enactment from time to time.

However, the HPWs do not have the power to arrest, seize or compound for offences committed under the Parks Enactment 1984. They are also not given the power to issue any permit or accept any payment. Whereas the park officer who is appointed under section 41 (1) (b) of the same Enactment may perform all the duties and responsibilities performed by the HPWs as well as things that are not under the jurisdiction of the HPW. The HPW’s appointment will be reviewed after three years of implementation.

“Although HPWs help to enforce marine park regulations in their areas, they should also be trained on other aspects such as monitoring and surveillance techniques, Search and Rescue, Emergency First Response and First Aid techniques, operation of communication equipments as well as the use of a compass, GPS and map reading,” Thomas said.

PROTECTING PARADISE

The HPW programme has only commenced for approximately a year and while it is too early to assess the results of the program, Sabah Parks is confident that it is heading towards a positive direction. This observation is bolstered from Sabah Wildlife Department’s Honorary Wildlife Warden program currently implemented in the Sugud Islands Marine Conservation Area. The program has shown encouraging outcomes in helping the department to eradicate activities that contravene the Wildlife Conservation Enactment 1957.

Community representatives monitoring on boat ©Banggi Youth Club

Crucial to the success of these programmes are the trainings provided to future HPWs. WWF-Malaysia together with Sabah Parks and the Sabah Wildlife Department has carried out several trainings for local stakeholders to complete courses relevant to their appointment as marine stewards. The most recent was a HPW Training Program held from 23 to 25 March of this year with 20 participants to enable them to learn about enforcement issues and steps within the proposed TMP. Among the main objectives of the training were to give participants an understanding of the implementation of Sabah Parks, biodiversity status within the marine parks, management issues and challenges faced by management in protecting Park areas; highlighting the importance and responsibilities of a HPW, leadership and public speaking skills as well as an overview of the prohibitions and laws stipulated in the Section 48 of the Parks Enactment 1984 along with fines and sentencing.

Pracitical exercises on how to apprehend suspects who break the law within Park rules and making written reports to Sabah Park Officials were part of the training and field visits were conducted along with sharing of experience with Sabah Park Wardens who work on the ground. Participants were then given an exam at the end of the training. The closing ceremony was officiated by YM Dato’ Seri Tengku Zainal Adlin where participants were given their respective certificates upon completion of the 5-day course. Sabah Park authorities will review the examination results along with thorough background checks. Qualified participants will be announced once the proposed Tun Mustapha Park is officially gazetted.

Many of the participants are eager to contribute to conservation and enforcement as destructive or illegal fishing are still rampant around their village and fishing grounds and the problem of widespread pollution. One of them, Ainin Ekon a 36 year-old fisherman from Inderason Laut village, hopes that the gazettement of TMP will increase livelihoods of the locals through more ecotourism projects. “I hope to help the authorities to increase awareness and empower the communities and liaise with other stakeholders to sustain our marine resources.” Another participant, Zaidi Awang Buloh, a fisherman and labourer from Tajau Laut village is not a stranger to environmental protection. Since 2009, he has been a community representative in reefcheck monitoring programmes and turtle conservation work. He hopes that HPWs will be given the proper equipments and allowance to carry out their duties.   “There are still segments of the community who do not agree with patrolling activities because they are not aware of the adverse effects of fish bombing and cyanide fishing to the ecosystem and to their safety. Community spirit is important to ensure everyone plays a role as marine guardians. We are all responsible to ensure our livelihoods are sustained for future generations.

VITAL COOPERATION

Working as enforcement officers and HPWs is a risky business especially when it involves international poaching syndicates or Illegal, Unreported and Unregulated fishing offenders. To ensure the safety of these individuals while carrying out enforcement duties, cooperation with the security forces and a good networking is vital. In addition, appropriate equipment and transportation should be provided. 

Thomas stressed, “Enforcement teams including HPWs that are scheduled to patrol the high seas must report to the Park office before moving to the location and after returning back from duty. Weather conditions such as the monsoon season can also pose as dangers. Hence, enforcement officers and HPWs should also be skillful at assessing environmental conditions before taking any action when detecting suspicious activities. It is important that they should not be too aggressive – safety comes first.”

But the participation of local community in enforcement activities should not be limited to active involvement in regulatory exercises. WWF-Malaysia hopes that passive participation can also be encouraged through monitoring and recording of regulation violation. This in itself can contribute to better enforcement planning and a deterrent for violators.

After all, the precondition of successful conservation and enforcement may not be dependent upon the presence of a fleet of security forces but instead on the vigilance and solidarity of a community in safeguarding their resources. And that is the triumph that will reverberate across leagues of waters and shores of the TMP.