FINAL VERSION FOR APPROVAL - Sdn Bhd - WWF Malaysia

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Gunung Stong State Park Preliminary Management Plan In terms of the practical application of the ecosystem approach with regard to GSSP, the GSSP is considered to be part of a larger ecosystem comprising the Gunung Stong Utara Forest Reserve and the Gunung Stong Selatan Forest Reserve as well as state land forests occurring on the Stong Migmatic Complex. The management of GSSP therefore has to be seen from a broader perspective, incorporating the surrounding forest reserves as well as the agricultural land along its borders. 6.2.2 Precautionary Principle There is no single definition for the precautionary principle but generally it means that if the risks to the environment are serious, and understanding of those risks is inadequate, then steps should be immediately taken to prevent harm. The precautionary principle was included in the 1992 Rio Declaration of Environment and Development as Principle 15 which reads: “Where there are threats of serious or irreversible damage, lack of full scientific certainty should not be used as a reason for postponing cost-effective measures to prevent environmental degradation”. This uncertainty is due to many reasons, including our lack of understanding regarding the biology of species and of the complex interactions between different species in a given ecosystem. The precautionary principle could also be interpreted to mean that a management action should not be implemented unless there is good reason to believe that it would not cause irreversible harm to the environment. 6.2.3 Adaptive Management As there is a lack of specialised programmes for protected area managers, as well as a shortage of skilled personnel, the staff of GSSP will have to be trained on-the-job. This will require an adaptive management approach which is a cyclical approach to management that learns from success and failures, seeking to make continuous improvement. Each cycle is composed of the following key steps: • Formulation of management framework and actions based on available knowledge. • Implementation of management actions as formulated. • Monitoring and assessment of the effectiveness of management actions. • Modification of management approaches and actions as required. Adaptive management is a management tool that was developed to deal with uncertainty. It emphasises provisional, reversible decision-making, with careful monitoring of impacts in order to refine decision-making. A more thorough description of adaptive management is provided by Bormann et al. (1999) and, in a more localised context, by DWNP/DANCED (2001b). 6.3 Legislation and Law Enforcement 6.3.1 Gazettement of GSSP The GSSP is to be established following the Perlis State Park model, and for all means and purposes, management will be under the Forestry Department, albeit under a new unit (State Park or Protected Area Unit) within the Kelantan State Forestry Department. The enabling legislation for the gazettement of GSSP is the National Forestry Act (Amendment) Enactment 2004 of Kelantan. The Enactment was passed by the State Legislative Assembly on 29 June 2004 and published in the Kelantan Government Gazette on 29 July 2004. 64
Gunung Stong State Park Preliminary Management Plan As at the time of writing of this preliminary management plan, the park has yet to be gazetted but this is expected to be achieved soon once the State Government is confident that the necessary administrative and management framework is in place. 6.3.2 Legislation Pertaining to Protection of Resources in GSSP Even in the transition period before gazettement of GSSP, there is already existing legislation that provides protection to the natural resources contained within GSSP, in particular the National Forestry Act 1984 (Act 313) which has been adopted by the Kelantan State government and recently amended to be the National Forestry Act (Amendment) Enactment 2004, and the Protection of Wild Life Act 1972 (Act 76) which is enforceable in any part of Peninsular <strong>Malaysia</strong>, including forest reserves. 6.3.2.1 Illegal Collection of Forest Produce and Illegal Logging There are provisions under the National Forestry Act 1984, Part IV: Forest Management and Development, Chapter 1, Section 15, against unlawful collection of forest produce from permanent reserved forest or stateland unless licensed, or upon written approval obtained. Under Section 15(1): “No person shall take any forest produce from a permanent reserved forest or a State land except-(a) under the authority of a licence, minor licence, or use permit; or (b) in accordance with any other written law”. The penalty is an amount not exceeding RM500,000, and imprisonment of between one year to 20 years [Section 15(2)]. In addition, under Section 15(3), there are also additional penalties payable to the State Authority: “(a) a sum, not exceeding 10 times the royalty, premium, or cess; (b) a sum not exceeding 10 times the value of such forest produce; and (c) any other charges payable”. 6.3.2.2 Illegal Collection of Plants, Encroachment, Illegal Fishing, Poaching These are covered Under Part VII: Miscellaneous Offences and Penalties of the National Forestry Act 1984, of which Section 81(1) is concerned with acts prohibited in permanent reserved forests: “Unless authorised under this Act, no person shall, in a permanent reserved forest:- (a) graze cattle or permit cattle to graze [penalty under Section 81 (2)(a) is a fine not exceeding RM10,000]; (b) fell, cut, ring, mark, lop or tap any tree; or injure by fire, or otherwise, or remove any tree or timber [penalty under Section 81(2)(b) is a fine not exceeding RM50,000 or a imprisonment not exceeding 5 years, or both]; (c) cause any damage in felling any tree or cutting or dragging any timber (penalty under Section 81(2) (b) the fine is a sum not exceeding RM50,000, or a imprisonment not exceeding 5 years, or both; (d) search for, collect, subject to any manufacturing process or remove any forest produce or minerals [penalty under Section 81 (2)(c) is a fine not exceeding RM10,000 or imprisonment not exceeding 3 years, or both]; (e) clear or break up any land for cultivation or any other purpose [penalty under Section 81(2)(c) is a fine not exceeding RM10,000 or imprisonment not exceeding 3 years, or both]; (f) use poisonous substance, or dynamite or other explosives on rivers or lakes for the purpose of fishing; or hunt, shoot, fish or set traps or snares [a penalty of a fine not exceeding RM10,000, or imprisonment not exceeding 3 years, or both, in Section 81 (2)(b)]; or 65
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