Python Brongersmai from Malaysia and the 2010 Wildlife Conservation Bill

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(Version edited for public release) Python brongersmai from Malaysia and the 2010 Wildlife Conservation Bill Background Python brongersmai was selected for review on the basis of the Analysis of 2004 EC Annual Reports and reviewed in March 2007 for SRG 40. A negative opinion was formed for Python brongersmai from Malaysia at SRG 40. In July 2007, a response was received from Malaysia (SRG 41) indicating that the species was protected under the Protection of Wild Life Act 1972 [Act 76] and that “to further enhance the protection of the species, we are currently in the process of amending the Act 76 and the said species will be listed as [a] totally protected species. All commercial trade for Python brongersmai will not be allowed except for specimens from captive breeding facilities”. At SRG 41 (September 2007), the SRG agreed to maintain the negative opinion until a new decree entered into force in Malaysia. 2010 Wildlife Conservation Bill In 2010, Malaysia passed a new Wildlife Conservation Bill, replacing the 38-year-old Protection of Wild Life Act 1972. The 2010 bill (Parliament of Malaysia, 2010) listed Python brongersmai as a totally protected species. Under the 2010 Bill, it is an offence to hunt or keep any P. brongersmai (including parts and derivatives) without a special permit. Any person who hunts or keeps the species (other than immature or female specimens) or takes or keeps any part or derivative of the species without a special permit shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit1 or to imprisonment for a term not exceeding three years or to both. If the offence involves more than twenty P. brongersmai individuals, the fine will be not less than fifty thousand ringgit. Offences relating to immature or female specimens are punished with fines not exceeding two hundred thousand or three hundred thousand ringgit, respectively, or to imprisonment for a term not exceeding ten years or to both. The Bill deems P. brongersmai to be immature if the total length, including the tail, is less than 75 cm. Licensing officers may approve applications for special permits only after obtaining approval of the Minister and special permits may be granted “subject to such conditions or restrictions as the licensing officer thinks fit to impose”. Reference Parliament of Malaysia. 2010. Wildlife Conservation Bill 2010. URL: http://www.parlimen.gov.my/files/billindex/pdf/2010/DR162010E.pdf (Accessed 15 Oct 2010). 1 1 Malaysian Ringgit is equivalent to approximately 0.23 Euros. .

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Opinion No. 82-811
TO BE PUBLISHED IN THE OFFICIAL REPORTS OFFICE OF THE ATTORNEY GENERAL State of California JOHN K. VAN DE KAMP Attorney General _________________________ : OPINION : No. 82-811 : of : APRI 28, 1983 : JOHN K. VAN DE KAMP : Attorney General : : JOHN T. MURPHY : Deputy Attorney General : : ________________________________________________________________________ THE HONORABLE ROBERT W. NAYLOR, A MEMBER OF THE CALIFORNIA ASSEMBLY, has requested an opinion on the following question: Does "python" as used in Penal Code section 653o to identify an endangered snake include "anaconda"? CONCLUSION As used in Penal Code section 653o to identify an endangered snake, "python" does not include "anaconda." 1 82-811 ANALYSIS Penal Code section 653o, subd. (a), provides as follows: "It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any alligator, crocodile, polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant." "Any person who violates any provision of this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail for not to exceed six months, or both such fine and imprisonment, for each violation." (Emphasis added.) We are asked whether or not the term "python" in this statute includes "anaconda." Section 653o was enacted in 1970 (Stats.
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