TRAFFIC HARD TO BEAR: REPORT An assessment of trade in bear bile and gall bladder in Malaysia MAY 2015 Lee Siow Ling, Elizabeth A. Burgess and Serene C.L. Chng Hard to bear: An assessment of trade in bear bile and gall bladder in Malaysia i TRAFFIC REPORT TRAFFIC, the wild life trade monitoring net work, is the leading non-governmental organization working globally on trade in wild animals and plants in the context of both biodiversity conservation and sustainable development. TRAFFIC is a strategic alliance of WWF and IUCN. Reprod uction of material appearing in this report requires written permission from the publisher. The designations of geographical entities in this publication, and the presentation of the material, do not imply the expression of any opinion whatsoever on the part of TRAFFIC or its supporting organizations concern ing the legal status of any country, territory, or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. The views of the authors expressed in this publication are those of the writers and do not necessarily reflect those of TRAFFIC, WWF or IUCN. Published by TRAFFIC Southeast Asia Regional Office Unit 3-2, 1st Floor, Jalan SS23/11 Taman SEA, 47400 Petaling Jaya Selangor, Malaysia Telephone: (603) 7880 3940 Fax: (603) 7882 0171 All rights reserved. Copyright of material published in this report is vested in TRAFFIC. © TRAFFIC 2015. ISBN no: 978-983-3393-44-2 UK Registered Charity No. 1076722. Suggested citation: Lee, S.L., Burgess, E.A., and Chng, S.C.L. (2015) Hard to bear: An assessment of trade in bear bile and gall bladder in Malaysia. TRAFFIC. Petaling Jaya, Selangor, Malaysia. Front cover photograph: A Malayan Sun Bear. Photo credit: Suttiporn Suksumek/Dreamstime.com Printed by Percetakan Imprint (M) Sdn Bhd B Hard to bear: An assessment of trade in bear bile and gall bladder in Malaysia HARD TO BEAR An assessment of trade in bear bile and gall bladder in Malaysia Lee Siow Ling, Elizabeth A. Burgess and Serene C.L. Chng © PHOTO CREDIT: Lee Siow Ling/TRAFFIC Bear bile flakes in vials for sale in a TCM shop. Hard to bear: An assessment of trade in bear bile and gall bladder in Malaysia C CONTENTS ACKNOWLEDGEMENTS ..............................................................................iii ABBREVIATIONS AND ACRONYMS ...........................................................iv EXECUTIVE SUMMARY AND RECOMMENDATIONS ..............................v BACKGROUND ...............................................................................................1 Status and distribution of bears in the wild ........................................................................................ 1 Medicinal use of bear bile ....................................................................................................................... 2 The demand for TCM and bear products in Malaysio...................................................................... 4 LEGISLATIVE FRAMEWORK .........................................................................6 Laws regulating the TCM industry in Malaysia ................................................................................... 6 Malaysia’s wildlife laws and regulatory framework for CITES ........................................................ 7 METHODS ........................................................................................................8 RESULTS .........................................................................................................11 Prevalence of bear gall bladders and bile products .........................................................................11 Forms of bear product ............................................................................................................................12 Awareness of the illegality of sales ......................................................................................................21 Alternatives to the use of bear .............................................................................................................23 DISCUSSION .................................................................................................25 Actors along the trade chain .................................................................................................................25 Legal and regulatory framework issues ..............................................................................................27 Role of the Ministry of Health ..............................................................................................................29 Co-ordination between government agencies ...................................................................................30 CONCLUSION ...............................................................................................31 RECOMMENDATIONS .................................................................................32 REFERENCES .................................................................................................34 ii Hard to bear: An assessment of trade in bear bile and gall bladder in Malaysia ACKNOWLEDGEMENTS A big thank you to colleagues at TRAFFIC in South-east Asia, in particular Chris R. Shepherd, Kanitha Krishnasamy, Sarah Stoner, Elizabeth John, Shenaaz Khan and Noorainie Awang Anak for their expertise and guidance. Thanks also go to Wong Siew Te, founder of the Bornean Sun Bear Conservation Center in Sepilok, Sabah, for all his advice and support throughout the survey. Kerk Ee Chan and members of Federation of Chinese Physicians and Medicine Dealers Association of Malaysia, Datin Shantini ap Thevendran and colleagues from the National Pharmaceutical Control Bureau of the Ministry of Health, and Dr Goh Cheng Soon and Teh Li Yin from the Traditional and Complementary Medicine Division of the Ministry of Health are thanked for taking the time and effort to speak with us and for your enthusiasm for future work on this issue. Loretta Ann Shepherd, Sabri Zain and Richard Thomas are thanked for reviewing early drafts. Helen Phillips and Anna Ezekiel are also thanked for editing the report. This study was generously funded by Animals Asia Foundation. Hard to bear: An assessment of trade in bear bile and gall bladder in Malaysia iii ABBREVIATIONS AND ACRONYMS ASEAN Association of Southeast Asian Nations CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora CLAW Cancellation of Licences in Aid of Wildlife DRGD Drug Registration Guidance Document DWNP Department of Wildlife and National Parks, Malaysia GMP Good Manufacturing Practice IUCN International Union for Conservation of Nature MOH Ministry of Health, Malaysia MNRE Ministry of Natural Resources and Environment, Malaysia MYCAT Malaysian Conservation Alliance for Tigers MYR Malaysian Ringgit NPCB National Pharmaceutical Control Bureau SFC Sarawak Forest Corporation SFD Sarawak Forestry Department SWD Sabah Wildlife Department TCM Traditional Chinese Medicine UDCA Ursodeoxycholic Acid USD US Dollar iv Hard to bear: An assessment of trade in bear bile and gall bladder in Malaysia EXECUTIVE SUMMARY The Asiatic Black BearUrsus thibetanus and the Sun Bear Helarctos malayanus are under threat from the illegal trade in traditional Chinese medicines (TCM) containing bear bile and gall bladder. This study reports on a 2012 survey of the trade in bear parts and derivatives in 365 TCM shops throughout all 13 states of Malaysia and the Federal Territory of Kuala Lumpur. Almost half of TCM shops (48%) openly claimed to be selling and/or displayed authentic bear gall bladder and/or bile. The greatest proportion was found in Peninsular Malaysia compared to Sabah and Sarawak, and the States of Kelantan and Johor had the highest proportion of shops selling bear gall bladder and/or bile products. Of those shops selling bear products, the majority (>80%) claimed to have ongoing supplies of at least some of the items. Over a third of all shops surveyed (37%) claimed to have no bear products for sale, although the majority of these offered supposed ‘herbal’ Xiongdan (bear bile) pills. There appears to be a lack of clear labelling of products, perhaps deliberately in order to circumvent the law. Traders may also be unwilling to reveal product provenance to an unknown customer, resulting in possibly under-reported sales of bear products. Bear parts and products found to be available in Malaysia were whole gall bladders, bile pills, bile extract or powder, flakes and dried gall bladder skin, among other derivatives. Pills were the most common item, particularly in Peninsular Malaysia, and most were reported to be locally manufactured, though using imported ingredients. Whole gall bladders were the second most common item observed, but predominantly in Sabah and Sarawak. Nearly 60% of all bear gall bladders observed for retail were claimed to be sourced from Sun Bears killed locally by indigenous people. Staff in more than half of shops surveyed were aware of the illegal nature of the trade in bear parts and products. Since a similar survey of bear product availability in TCM shops carried out by TRAFFIC in 2010 in Malaysia, there appears to have been a small (10%) reduction in the number of shops that claimed to offer bear products. This could partly be a result the new Wildlife Conservation Act 2010 coming into force and the subsequent notification by the Department of Wildlife and National Parks (DWNP) to TCM practitioners. However, shop owners felt that there was