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Home , Sun bear, The Sun (Malaysia)

S H O R T C O M M U N I C A T I O N

A Review of the Sun Trade in ,

Kanitha Krishnasamy and Chris R. Shepherd

INTRODUCTION

f the eight of bear that occur JOREDOO\¿YHDUHQDWLYHWR$VLDLQFOXGLQJ the Asiatic Black Bear thibetanus, Sun Bear Helarctos malayanus, Melursus ursinus, Ursus 2arctos and melanoleuca.  7KH 6XQ %HDU WKH VPDOOHVW RI WKH ZRUOG¶V EHDU species, occurs throughout South-east Asia. It is extinct in Singapore (Fredriksson et al., DQGKDVSRVVLEO\

become extinct more recently in Bangladesh (Anwarul CENTER / KWPLH SUN BEAR EDUCATION TIMBULL Islam et al. DQG&KLQD *)UHGULNVVRQin litt., to Sun Bear Helarctos malayanus. DXWKRUV    7ZR VXEVSHFLHV DUH UHFRJQL]HG ZLWK H.m. malayanus occurring on Peninsular Malaysia (and all of mainland South-east Asia, as well as , survey in 16 settlements and one town in Sarawak found ,QGRQHVLD  DQG H.m. euryspilus on (Meijaard, 74 Sun Bear trophies, most of which consisted of bear  7KH6XQ%HDULVWKHRQO\EHDUQDWLYHWR0DOD\VLD paws for sale in shops and one captive kept as Like most Asian bear species, the Sun Bear is listed in DSHW 0HLMDDUG 5HVHDUFKDWWKHWLPHIRXQGWKDW Appendix I of the Convention on International Trade in approximately one bear was killed annually for every (QGDQJHUHG6SHFLHVRI:LOG)DXQDDQG)ORUD &,7(6  50 hunting families, an estimated 10% of the Sun Bear which effectively means that all international commercial SRSXODWLRQLQ6DUDZDNSHU\HDUDORQH 0HLMDDUG  trade in bear parts and products is illegal. It is listed Between 1991 and 1996, 11 Sun were licensed as Vulnerable on the IUCN Red List, with a declining by the government as pets (Sarawak Forest Department population reported across its range (Fredriksson et al., DQG:LOGOLIH&RQVHUYDWLRQ6RFLHW\ ,QDGGLWLRQ  7KHVSHFLHVLVWKUHDWHQHGE\ORVVRIKDELWDWDQG ¿YHDQLPDOVZHUHH[SRUWHGWR-DSDQEHWZHHQ-DQXDU\ by , both of which are suspected to be the and March 1996, based on Forest Department records. reason behind an estimated 30% population reduction However, according to the CITES Trade Database, only over the last 30 (Foley et al., 2011). Bear parts, two were exported to Japan during this period such as gall bladders, are in high demand for use in (Sarawak Forest Department and Wildlife Conservation WUDGLWLRQDO &KLQHVH PHGLFLQHV 7&0  DQG WKH PHDW LV 6RFLHW\&,7(67UDGH'DWDEDVH  considered a culinary delicacy, the paws in particular. The trade in gall bladders was reportedly continuing at high levels. During a survey on the availability of Sun BACKGROUND Bear products in 1997, it appeared that almost every TCM shop in Sarawak stocked at least one or two bear gall In the Malaysian state of Sarawak on Borneo, trade EODGGHUVDQGVRPHWLPHVDVPDQ\DV 0HLMDDUG  in wildlife, including parts and derivatives, has been In 2002, a study on the availability of bear bile products LGHQWL¿HGDVWKHVLQJOHOHDGLQJIDFWRUWKDWWKUHDWHQVWKH found that 14 of the 24 shops surveyed in survival of species (Sarawak Forest Department and sold bear products. Some of the traders in Peninsular :LOGOLIH&RQVHUYDWLRQ6RFLHW\ :LOGOLIHLVKXQWHG Malaysia that were interviewed during that study cited predominantly for the wild meat trade, but also for trade the Sarawak border with Indonesia as a source for gall as pets, trophies or for traditional medicine. The trade EODGGHUV 3HUHLUD :LWKPRGHUQKXQWLQJPHWKRGV extends throughout the State, from remote indigenous VSHFL¿FDOO\WKHLQWURGXFWLRQRIVKRWJXQVWKHGHPDQGIRU settlements to markets in towns and cities and across bear parts and the growing accessibility to forests caused national and international borders, via roads, ports and by development, logging and plantations, the effects of airports. It is large-scale and widespread, in virtually all hunting on Sun Bears are likely to become more severe. villages and towns throughout the State (Sarawak Forest 'HSDUWPHQWDQG:LOGOLIH&RQVHUYDWLRQ6RFLHW\  LEGISLATION Historical accounts show that Sun Bears have been hunted and traded in Sarawak for decades as pets, for The Sun Bear is Totally Protected across its range, their meat, claws and gall bladders, with information with the exception of Sarawak and Cambodia, where it is VXJJHVWLQJ WKDW WKH 6XQ %HDU LV RQH RI %RUQHR¶V PRVW Protected. Although national legislation adopts varying VHYHUHO\ LPSDFWHG PDPPDO VSHFLHV 0HLMDDUG  terms within respective countries, in this paper, the term 3HUHLUD 8VHVRYHUWLPHLQ6DUDZDNKDYHYDULHG Totally Protected is taken to mean the highest degree of For example, in 1949, Sun Bear hides were used by men protection afforded by law, while Protected is taken to as decorative seating pads to keep dry when sitting down mean a second level of legal protection, where hunting RXWGRRUV &DOGHFRWW    ,Q  D GRRUWRGRRU and trade is regulated.

TRAFFIC Bulletin9RO1R   S H O R T C O M M U N I C A T I O N

severe challenge when dealing with products such as bear bile that are often sold in the form of pills or vials. Further to being listed in Appendix I of CITES, to which Malaysia has been party since 1978, the 6XQ %HDU LV OLVWHG LQ 0DOD\VLD¶V International Trade in Endangered Species Act 2008, which is WKH FRXQWU\¶V &,7(6 LPSOHPHQWLQJ OHJLVODWLRQ Anyone caught illegally importing or exporting DQ\&,7(6OLVWHGVSHFLHVLVOLDEOHWRD¿QHRIXS WR0<5PLOOLRQ 86' RUXSWRVHYHQ years in gaol, or both. The three wildlife laws in Malaysia afford VLJQL¿FDQWO\ GLIIHUHQW OHYHOV RI SURWHFWLRQ WR WKH FRXQWU\¶V ZLOGOLIH 7DEOH    7KH Wildlife Conservation Act 2010 in Peninsular Malaysia is the superior legislation of the three based on the number of species afforded Total Protection status and its corresponding levels of penalties for violation of the law. There are three primary differences between the protection levels and penalties for crimes involving the Sun Bear in Peninsular Malaysia, and Sarawak:

1. Protection status: Totally Protected status for 6XQ%HDULQ3HQLQVXODU0DOD\VLDDQG6DEDK Protected status for Sun Bear in Sarawak. 2. Fine: Up to 10 times higher for crimes Fig. 1. Estimated distribution of Sun Bears. involving the Sun Bear in Peninsular Source: IUCN/SSC Bear Specialist Group (adapted) 0DOD\VLDFRPSDUHGWR6DUDZDNDQGD¿QH XSWR¿YHWLPHVKLJKHUIRUFULPHVLQYROYLQJ the Sun Bear in Sabah, compared to Sarawak. 3. Gaol term: Up to three times higher for Malaysia is divided into three, semi-autonomous crimes involving the Sun Bear in Peninsular administrative regions: Peninsular Malaysia (comprising 11 Malaysia, compared to Sarawak, and up to 6WDWHVDQGWZR)HGHUDOWHUULWRULHV 6DEDKDQG6DUDZDN )LJ  ¿YH WLPHV KLJKHU IRU FULPHV LQYROYLQJ WKH  7KH6XQ%HDULVOLVWHGDV3URWHFWHGXQGHU6DUDZDN¶VWild Sun Bear in Sabah compared to Sarawak. Life Protection Ordinance, yet it is increasingly threatened by hunting and commercial trade, largely to supply demand for its Further details on the major differences in PHDWDQGIRUXVHLQ7&0IRUZKLFKWKHJDOOEODGGHULVWKHEHDU¶V the legislation covering Sun Bears in Sarawak, PRVWVRXJKWDIWHUERG\SDUW,QDGGLWLRQWKH2UGLQDQFHXVHVWKH Sabah and Peninsular Malaysia can be viewed at: term “recognisable part or derivative” when referring to parts KWWSZZZWUDI¿FRUJWUDI¿FEXOOHWLQWUDI¿FBSXEB of protected animals that cannot be traded. This clause poses a EXOOHWLQBB620SGI

TOTALLY PROTECTED STATUS PROTECTED STATUS

&ODVV :&$ :&( :/32 :&$ :&( :/32 (Peninsular (Sabah) (Sarawak) (Peninsular (Sabah) (Sarawak) Malaysia) Malaysia) Mammalia >272 6 28 >183 13 142 Aves >947 0 37 >309 131 - Reptilia >66 3 11 >252 8 13 Amphibia >9 0 0 >38 0 0 Insecta 4 0 0 >46 5 1 Arachnida - - - >11 0 0 727$/ ! ! ! ! ! !

Table 1. Comparative summary of legislative protection for wildlife in Peninsular Malaysia, Sabah and Sarawak. WCA - Wildlife Conservation Act; WCE - Wildlife Conservation Enactment; WLPO - Wild Life Protection Ordinance Source: Mohd-Azlan J. (in prep.).

38 TRAFFIC Bulletin 9RO1R  S H O R T C O M M U N I C A T I O N

Bear gall bladder being weighed, observed in a shop Reports to No. of shops No. of shops % enforcement surveyed selling bear in Sarawak. agencies products

Johor 36 28 78 Perak 50 27 54 38 26 68 37 22 59 34 22 65 Melaka 30 18 60 Pahang 25 17 68 Kelantan 12 11 92 Photograph: Lee SL / TRAFFIC Kedah 11 6 55 11 4 36 Perlis 6 4 67 Terengganu 3 2 67 SURVEY FINDINGS Sabah 24 10 42 Sarawak 48 17 35 In 2010, TRAFFIC carried out surveys on the availability of bear bile products in 13 countries and 727$/    territories in Asia. Findings show that Malaysia ranks as the fourth-highest in the region for the illegal trade in bear Table 2. Number of traditional Chinese medicine shops parts. This study also highlighted that 70–100% of the surveyed across Malaysia. bear products found in Cambodia, Lao PDR, Malaysia, Singapore and were reportedly exported from et al.  China (Foley State No. of gall bladders  )ROORZLQJ75$)),&¶V¿UVWVWXG\DVHFRQGFRXQWU\ observed wide assessment on the availability of bear products in TCM shops in Malaysia was initiated in 2012 to assist Sarawak 94 enforcement agencies. A total of 365 shops were surveyed Kuala Lumpur 69 LQ 3HQLQVXODU 0DOD\VLD 6DEDK DQG 6DUDZDN 7DEOH   68 Traders who were interviewed claimed that some 60% Perak 31 of the bear gall bladders originated from locally sourced Sabah 24 bears. A further 40% of bear gall bladders were allegedly Melaka 21 imported, mainly from China and to a lesser extent from Pahang 16 Indonesia, with the exception of one manufacturer of pills Kelantan 12 Selangor 6 that was based in Malaysia. Results from this detailed Penang 4 study reinforce the fact that Malaysia is indeed a country Terengganu 1 of concern regarding trade involving bear products and Kedah 1 WKDWWKHUHLVMXVWL¿FDWLRQIRULPSURYHGOHJDOSURWHFWLRQLQ Negeri Sembilan 0 Sarawak in particular. Perlis 0  ,Q 6DUDZDN  RI WKH    VKRSV VXUYH\HG LQ 2012 were found to sell bear products (bile, gall bladder 727$/  DQGSLOOV 2IJUHDWHVWFRQFHUQZDVWKHIDFWWKDW6DUDZDN had more raw gall bladders available than any other Table 3. Quantities of bear gall bladders recorded in 6WDWH LQ 0DOD\VLD ZLWK  REVHUYHG 7DEOH  7KLV LV traditional Chinese medicine shops surveyed across Malaysia. consistent with the surveys conducted in 2010, where at least 115 gall bladders were recorded for sale—the highest proportion of whole gall bladders for sale compared to any other State in the country (Foley et al. $OPRVW all of the traders interviewed in Sabah and Sarawak (i.e.  FODLPHGWRVHOOSURGXFWVIURPORFDOO\VRXUFHGEHDUV The high number of gall bladders observed, and claims The trade in Sun Bears for wild meat has also been by traders that most bears were locally hunted, point to a reported in the State. In May 2013, local large number of bears being hunted. Kosmo! UHSRUWHG WKDW DW OHDVW ¿YH SHRSOH ZHUH VHOOLQJ Any trade or importation of bear products into bear paws and gall bladders at Tersang market, Kapit. Sarawak is a clear violation of the Wild Life Protection The outcome of this incident is unknown. The report Ordinance 1998, and the International Trade in noted that these illegal traders had hunted the Sun Bear Endangered Species Act 2008. All information received from the nearby forest at Ulu Kapit, and that there was a from this survey has been reported to the Sarawak Forest KLJKGHPDQGIRU6XQ%HDUSDUWVORFDOO\ $VHQ  Corporation for information and action.

TRAFFIC Bulletin9RO1R   S H O R T C O M M U N I C A T I O N

Efforts by the State government to protect the Sun Bear ǀ͘ to conduct sustained awareness-raising efforts on the illegality of the trade and consumption of Information presented above underscores the fact that EHDU SURGXFWV LQ WKH 6WDWH VSHFL¿FDOO\ ZLWK WKH legislation protecting Sun Bears in Malaysia is the weakest TCM businesses and restaurants registered to sell in Sarawak, while trade involving bear parts and products wildlife, including the issuing of warning letters is the highest compared to any other State in the country. to those businesses selling bear products, and In January 1997, the Sarawak Cabinet adopted A outlining the consequences of violating the law. Master Plan for Wildlife in Sarawak as a State policy to manage and conserve its natural environment and ACKNOWLEDGEMENTS ZLOGOLIH7KH0DVWHU3ODQPDUNVWKH6WDWH¶V¿UVWDWWHPSWDW consolidating all information on wildlife in the form of a Animals Asia Foundation, the Myer Foundation and comprehensive conservation strategy. It examines a wide range of issues including the management and protection Hauser Bears are thanked for their generous support RI 75$)),&¶V ZRUN RQ WKH 0DOD\VLDQ EHDU ELOH WUDGH of wildlife and its related challenges faced in the State. The Master Plan makes numerous recommendations Anthony Sebastian, Gabriella Fredriksson, Wong Siew Te, WR LPSURYH ZLOGOLIH PDQDJHPHQW LQFOXGLQJ VSHFL¿F Kim Lochen and Steven Broad are gratefully acknowledged recommendations for the Sun Bear. The Master Plan has for their useful comments on an earlier draft of this article. proposed that the protection status of the Sun Bear (as ZHOODVFHUWDLQRWKHUVSHFLHV EHXSJUDGHGEHFDXVHLWLV REFERENCES ³([WUHPHO\UDUHH[WLQFWLQPDQ\DUHDVKXQWHGKHDYLO\ for meat, gall bladders, claws, teeth for trade”. Anwarul Islam, Sabir Bin Muzaffar, Md. Abdul Aziz, Md. 0R¿]XO .DELU 0D\HHQ 8GGLQ 6XSULR &KDNPD 6D\DP The Master Plan also recommends that: U Chowdhury, Md. Abdur Rashid, Gawsia Wahidunnessa Chowdhury, Samiul Mohsanin, Israt Jahan, Samia Saif, Md. Baharul Hossain, Dibendu Chakma, and Md. 1) a moratorium be placed on all commercial sales Kamruzzaman.   Baseline survey of Bears in of all wildlife and wildlife products in Sarawak. %DQJODGHVK±. Wildlife Trust of Bangladesh. This can be done under the Wild Life Protection $VHQ0  3DVDU-XDO'DJLQJ%HUXDQJKosmo! 0DOD\VLD  Ordinance 1998, so no change in legislation is 18 May. www.kosmo.com.my/kosmo/content.asp?y=2013& UHTXLUHG dt=0515&pub=Kosmo&sec=Negara&pg=ne_09.htm. 2) the moratorium should be announced six months &DOGHFRWW -   Hunting and Wildlife Management in Sarawak. IUCN, Gland, Switzerland and Cambridge, UK. before it is brought into effect, accompanied )ROH\ .( 6WHQJHO &- DQG 6KHSKHUG &5   Pills, by an initial public announcement by the Chief Powders, Vials and Flakes: the Bear Bile Trade in Asia. Minister or State Secretary, and a major publicity TRAFFIC , Petaling Jaya, Selangor, Malaysia. campaign. Fredriksson, G., Steinmetz, R., Wong, S. and Garshelis, D.L. ,8&1 66& %HDU 6SHFLDOLVW *URXS    Helarctos malayanus,Q,8&1  IUCN Red List of Threatened RECOMMENDATIONS Species. Version 2013.1. www.iucnredlist.org. Viewed RQ2FWREHU In light of the above, TRAFFIC strongly recommends 0HLMDDUG (   Ursus (Helarctos) malayanus, the Neglected Malayan Sun Bear that immediate efforts are put in place to improve . Mededelingen No. 34 of the Netherlands Foundation for International Nature Protection. protection of the Sun Bear from illegal hunting and trade 0HLMDDUG(  Human imposed threats to Sun Bears in in Sarawak, all of which are in line with the assessment Borneo. Ursus 11:185–192. and recommendations made by the Master Plan for 0HLMDDUG(  &UDQLRPHWULFGLIIHUHQFHVDPRQJ0DOD\DQ Wildlife in Sarawak. These are: sun bears (Ursus malayanus (YROXWLRQDU\DQGWD[RQRPLF implications. 5DIÀHV%XOOHWLQRI=RRORJ\ 52:665–672. 0RKG$]ODQ - LQ SUHS  Wildlife Conservation Legislations i. to include the Sun Bear in the Totally Protected in Malaysia: Evolution and Future Needs. Universiti list of the Sarawak Wild Life Protection Malaysia Sarawak. Ordinance 1998 3HUHLUD ' /RK 5 DQG %RQ¿JOLR 0%   The Bear ii. to revise and increase penalties for both Totally Gall Bladder and Bear Bile Trade in Traditional Chinese Protected and Protected Species that would serve Medicine Shops in Malaysia, World Society for the DVDGHWHUUHQWXQGHUWKH2UGLQDQFHDQGWKDWWKH 3URWHFWLRQRI$QLPDOV2FWREHU Sarawak Forest Department and Wildlife Conservation Society Wildlife increase in penalty is on a par with the   A Master Plan for Wildlife in Sarawak. Sarawak Conservation Act 2010 Forest Department, Sarawak, Malaysia. iii. to improve enforcement of the law through spot- FKHFNVDQGSURVHFXWLRQRIWKRVHYLRODWLQJWKHODZ ŝǀ͘ to place a moratorium on all commercial sales of all wildlife and wildlife products in Sarawak, Kanitha Krishnasamy6HQLRU3URJUDPPH2I¿FHU75$)),& XQGHU WKH :/32  7KH PRUDWRULXP VKRXOG (PDLONDQLWKDNULVKQDVDP\#WUDI¿FRUJ be announced six months before it is brought Chris R. Shepherd, Regional Director—South-east Asia, into effect, accompanied by an initial public TRAFFIC; IUCN/SSC Bear Specialist Group, Chair: Trade in DQQRXQFHPHQWIURPWKH6WDWHJRYHUQPHQW Bear Parts Expert Team. E-mail: FKULVVKHSKHUG#WUDI¿FRUJ

40 TRAFFIC Bulletin 9RO1R