(Refer to Map 2 of Appendix for MPA sites and other relevant areas)

4.1 Coastal and Marine Ecosystems
The coastlines of Malaysia vary widely from the west, bordered by the Straits of Malacca to the east, facing the deep Sulu and Sulawesi Seas. Coral reefs may be found around the islands off the coast of East and Northeast Peninsular Malaysia and less so in areas fringing East Peninsular Malaysia and in small patches fringing West Peninsular Malaysia (Abu Talib and Alias 1997). However, majority of Malaysia’s coral reefs is found in the North peak (sub-zones I-8 and III-18) and Southeast of Sabah (sub-zone III- 18, including Sipadan, Semporna and Layang-Layang) (WCMC/WRI 2002). The West Coast of the Peninsula is less favourable to coral growth due to its turbid water, muddy substrates and exposure to the Southwest monsoon. Coral reefs around Semporna and Sipadan Islands in Southeast Sabah are the most well-developed due to the very clear water and oceanic influence from the deep sea in the east. Fringing reefs are the most common but patch and barrier reefs are also present. The only coral atoll is Pulau Layang-Layang among the Spratly Archipelago far north from Sabah (UNEP/IUCN 1988). Veron (1993) estimated that 70 coral genera may be found in Malaysia but recent urveys in Darvel Bay (Sabah) yielded 67 genera (Ditlev et al. 1999).

Seagrasses can be found in all Malaysian biogeographic sub-zones or in East and West Peninsular Malaysia, Sabah and Sarawak (Japar 1994; EAS-TDA 1999, as cited Marine Protected Areas in Southeast Asia 47 by McManus, 2000). Ten seagrass species have been reported from West Peninsular Malaysia, 11 from South Peninsular Malaysia (sub-zone VI-20) and seven from East Peninsular Malaysia (sub-zone I-6 and I-7). One seagrass species has been reported from Sarawak, nine from West Sabah (sub-zone I-8) and six species from East Sabah (Japar 1994).

Total estimated mangrove area is 6,412 km2 (Chan et al. 1993). Majority (57%) of Malaysia’s mangroves is found in Sabah especially in the northeast (Bio-geographic sub-zone III-18). Due to the numerous rivers present, the coastline of Sarawak is predominantly swamps, mangrove and sandy beaches. Sarawak holds 26% of Malaysia’s mangroves near the Rajang and Sarawak rivers (sub-zone I-8) while some 17% of Malaysia’s mangrove forests are in Peninsular Malaysia mostly on the west (near Matang and Kuala Lumpur), and on the southern tip near Singapore (i.e. mostly in biogeographic sub-zone VI-22) (Spalding et al. 1997).

4.2 Species of Significance
Malaysia, one of the 12 megadiversity countries of the world, spans five biogeographic sub-zones (VI-22, I-6, I-7, I-8 and III-18) in three zones (I, III, VI). It has several marine turtles. Green turtles (Chelonia mydas) nest on Sabah and Sarawak; the Hawksbill (Eretmochelys imbricata), on Sabah; the Olive Ridley (Lepidochelys olivacea), mainly in Sarawak, the northeast coast of the Peninsula and infrequently on Sabah, while the Leatherbacks are known to nest only on Terengganu. Dugongs and dolphins have also been reported in Malaysian waters. The Estuarine Crocodile (Crocodylus porosus) is present in the Rejang River of Sarawak and is rare in Sabah (UNEP/IUCN 1988).

4.3 Legislation and Management Framework
Malaysia is a federation of 13 states and two federal territories. Eleven states and the federal capital territory of Kuala Lumpur are on Peninsular Malaysia (West Malaysia) while the more autonomous states of Sabah and Sarawak and the federal territory of Labuan are on northern Borneo (East Malaysia). The two laws applied nationally are the Environment Quality Act and the Fisheries Act. The federal government has jurisdiction over all living resources in the estuarine and marine waters, while the various state governments hold jurisdiction over all land, including the foreshore (Yaman 1993).

The Department of Wildlife and National Parks of the Ministry of Science, Technology and Environment is the federal government agency tasked with the management of Taman Negara (a national park in Peninsular Malaysia) and the implementation of the Protection of Wildlife Act (1972) and National Parks Act (1980). The Department of Fisheries of the Ministry of Agriculture is the federal government agency tasked with the protection of marine resources including marine parks. States also have control over their coastal waters and can legislate protected areas as well (IUCN/WCMC 1992). The Department of Environment of the Ministry of Science, Technology and Environment is
responsible for environmental protection especially pollution and waste management (Tan 2000).

The Fisheries Department manages areas prohibited for fishing activities in all States. In Peninsular Malaysia, only the Leatherback turtle is completely protected; for the other turtle species, only the adults are protected. Eggs are allowed to be sold except for a small proportion, which is left to incubate in hatcheries for later release. It is not clear whether the habitats of the nesting sites are protected. This policy needs to be re-evaluated.

Sabah and Sarawak aim to keep their parks in their natural condition but open these also for recreation.

On Sabah, the Sabah Parks Board of Trustees (under the Ministry of Tourism Development, Environment, Science and Technology) is responsible for state parks including marine parks. Sabah Parks is divided into four divisions (administration, finance and development, park management and enforcement, and research and education). The central office is based in Kota Kinabalu while each of the six parks has its own headquarters. Sabah Parks owns the park areas and has the mandate to control activities both in the terrestrial and marine portions. State Parks on Sabah are therefore protected from harmful land-based activities to some extent, and are more effectively managed for conservation than the parks in peninsular Malaysia. The Department of Wildlife (of the Ministry of Tourism Development, Environment, Science and Technology), which implements the Fauna Conservation Ordinance (1963), is responsible for the management of wildlife including the establishment of sanctuaries (e.g. bird sanctuaries). The Sabah Wildlife Department does not have the strong and clear-cut authority that Sabah Parks has. At present, tourist operators voluntarily manage the surrounding reefs of Sipadan.

On Sarawak, the National Parks and Wildlife Office of the Sarawak Forestry Department is responsible both for the wildlife and their habitat in its implementation of the National Parks Ordinance (1956) and the Wildlife Protection Ordinance (1990). On Sarawak, the Turtle Board Trust and the Sarawak Museum are both involved in turtle conservation on the shore while the Fisheries Department controls fisheries.

 

Park Designations
FEDERAL/PENINSULAR MALAYSIA
National Forestry Act 1984

Classifications: Timber production forest under sustained yield, Soil protection forest, Soil reclamation forest, Flood control forest, Water catchment forest, Forest sanctuary for wildlife, Virgin jungle reserved forest, Amenity forest, Education forest, Research forest, and Forest for federal purposes.

Protection of Wildlife Act 1988

Wildlife reserve. Declared by the Ruler, or State Governor, on any state land, which allows licensed hunting, but any species may be declared as protected from hunting. The Protection of Wildlife (Amendment) Act 1988 prohibits the disturbance, cutting or removal of vegetation.

Wildlife sanctuaries. It is prohibited to shoot, kill or disturb any animal, or disturb or remove any vegetation.

Department of Fisheries
Marine Parks. All fishing and extractive activities are prohibited within two nautical miles around islands declared as marine parks (DOF-Malaysia, undated)

 

SABAH

Parks Enactment (Amendment) 1996

Park. Any land or state lands may be constituted as a park. Forest reserves declared under the Forest Enactment (1968), or any game sanctuary or bird sanctuary declared under the Fauna Conservation Ordinance (1963) may also be converted to a park.

Within a park, it is forbidden to hunt, damage vegetation, introduce or remove animals or vegetation, remove minerals, or archaeological objects, etc; erect buildings or clear land, without prejudice to rights gained prior to commencement of the enactment, and to provisions of any written law relating to mining, or prospecting for metals or minerals in any park.

The Forests (Amendment) Act 1984

Classifications: Forest reserve (Protection forest (I), Commercial forest (II), Domestic forest (III), Amenity forest (IV), Mangrove forest (V), Virgin jungle reserve (VI), Wildlife reserve (VII)).

Malaysia participates in the World Heritage Convention and the UNESCO Man and Biosphere Programme.

4.4. Extent of Existing Marine Protected Areas (MPAs) System

The MPA system in Malaysia is relatively well developed with MPAs in most areas of the country. In late 1994, the total number of islands included in the marine park system of federal Malaysia was increased to 38 from the original 22 in 1985 (Hiew 1995). Today, about 40 Marine Parks are being managed by the federal Department of Fisheries (all rated well-managed “A”). In addition, there are three State Parks on Sabah and three Fisheries Prohibited Areas (also protected as turtle sanctuaries) on Sarawak. The three state Parks on Sabah islands, all without mangrove but reported to have corals (22,533 ha.), are all rated “A” (one of which is Malaysian Turtle Islands). The federal
Marine Parks and Sarawak MPAs are demarcated as the marine area within two nautical miles around the specified islands, excluding the coastal land. On Sabah, all MPAs contain a small portion of the coast.

There are also three marine bird sanctuaries on Sabah (Pulau Mantanani, Kota Belud and Pulau Sipadan) with an aggregate area of 12,515 ha; the largest (12,200 ha.) contains mangroves (first two rated “B”, Sipadan rated “A”). Other MPAs, including Layang-Layang and Sipadan (Sabah), are practically though not legally protected because of dive-tourism (UNEP 2000). Pulau Sipadan is known for its good corals and diverse marine life and has a dive resort (Best Dive Sites of the World). Semporna Mangrove Forest Reserve is rated “B” while Kulamba Wildlife Reserve, with a mangrove, on Sabah is also rated “B”. There are two Wildlife Reserves on Sarawak: Samunsam (6,092 ha.) with mangrove, and Pulau Tukong Ara-Banun, a 1 ha. island without mangrove. Two Sarawak “National” Parks: Bako and Similajau are both rated “A”. Bako is reported in the WCMC database to have mangroves but appears to have none on the ABC/ WCMC map (i.e. MacKinnon 1997). On the other hand, Similajau is reportedly without mangroves in the WCMC database but actually contains mangroves on the ABC/WCMC map. Kuala Selangor Nature Park (rated “A”) in Selangor (Peninsular Malaysia) is also reported by the database to contain mangroves but doesn’t appear so on the ABC/WCMC map. The rest are forest reserves of various classifications (including the wellmanaged 407-km2 Matang Forest Reserve on the NW coast of Peninsular Malaysia) and with mangroves assumed to be included in Spalding et al.’s (1997) estimates of protected mangrove areas.

The Philippines’ Department of Environment and Natural Resources and Sabah Parks have both established the transboundary Turtle Islands Heritage Protected Area (2,446 km2).

4.5 Proposed Marine Protected Areas (MPAs)
The Sabah Conservation Strategy has recommended the marine environments both of Sipadan Bird Sanctuary and Semporna Mangrove Forest Reserve for inclusion into the comprehensive and integrated system of conservation areas in Sabah (WWF Malaysia 1992). The Sabah Wildlife Department is considering the recommendation (Bleakley and Wells 1995). The Sipadan Bird Sanctuary was originally designated in 1933. The historical dispute between Indonesia and Malaysia over these islands appeared close to final resolution in 1995.

The Kuala Setiu Baharu Turtle Sanctuary in Terengganu has been recommended by WWF to protect the largest populations of the nesting Painted Terrapin (Callagur borneoensis) and Olive Ridley Turtle of Peninsular Malaysia and the Green Turtle (Sharma 1994). Other turtle nesting sites in Peninsula Malaysia and Sarawak that may be proposed for protection are listed in the following table.

Evaluation of MPAs - Status, Threats and Management
Extensive surveys from 1984-1994 under the ASEAN-Australia Living Coastal Resources (LCR) Project have yielded a large quantity of data on the status of the coral reefs in Malaysia. Majority (64%) of the coral reefs surveyed is in fair condition (25-50% coral cover) (Rahman, in press). Coral reefs in the offshore islands on the east coast of peninsular Malaysia are in good condition (50-75% coral cover) while the fringing reefs on the west coast of the peninsula and most of the reefs in Sabah are fair (25-50% cover). Most of the fringing reefs in Sarawak have good coral cover despite the high sediment load in the water due to their proximity to land and rivers. In general, the reefs of east Malaysia, including Layang-Layang, 130 nautical miles off the West Coast of Sabah, harbour higher fish diversity than the peninsular sites (Muhamad et al, in press).

Fisheries are more of a threat to East Malaysia [sub-zone I-8 and III-18] while sedimentation is more of a threat to West Peninsular Malaysia [sub-zone VI-22] (UNEP 1997). Dredging, domestic and agricultural pollution are threats to both areas, and industrial pollution is a threat to West Peninsular Malaysia (UNEP 1997). In the questionnaire for rating threats, coastal development, tourism activities, and crown-of-thorns starfish (COTS, Acanthaster planci)-infestation have been rated as high or medium level threats for most of the marine parks of peninsular Malaysia. Generally,coral mining, hunting of endangered species (including turtle egg consumption) and destructive fishing (mainly using dynamite) were more serious in the parks of east Malaysia. Much of the overfishing (mainly sports fishing) and siltation problems occur in Sarawak sites. Overall, the questionnaire indicated that coastal development is the most serious and common threat, followed by overfishing, tourism activities and siltation from land, and third by pollution from domestic sources (Figure 4.1).

Coastal development, including tourism-related development, is especially apparent on the peninsula. As noted above, both at Pulau Redang and Tioman Marine Parks, large resorts including golf courses increase sediment loading in the sea. This sedimentation was linked with increases in percentage of dead coral cover near the development sites (Ibrahim, Japar and Aikanathan 1993). The coral reefs at Pulau Tioman have also suffered from pollution (Aikanathan and Wong 1994) and commercial coral collection (Doug 1993). The rapid growth of reef-related recreational and tourism activities such as SCUBA diving, swimming and boating, may damage MPAs because of too many divers. The COTS has also infested most of the reefs surveyed on the east coast of the peninsula (Rahman, in press). A recent visit to Pulau Redang in early 1995 also revealed extensive coral damage by COTS in many sites (Cheung, pers. comm.).

The threats of overfishing, sedimentation and coastal development are estimated to be high around Sabah (especially on the west [bio-geographic sub-zone I-8] where there are two Parks, two Bird Sanctuaries and three Marine Parks) [sub-zone I-8 and III- 18], Melaka, south Johor and Selangor [sub-zone VI-22] (see Figure 4.1, WRI 2002). There is also a moderate threat of destructive fishing South of Johor [sub-zone VI-22], in the waters between East and West Malaysia (actually Indonesian waters [sub-zone IIndonesia], Burke et al, 2002) and in East Malaysia [sub-zone I-6 and I-7] (UNEP 1997). In Labuan, a Federal Territory off Brunei Bay, fisheries exploitation and coral mining appear to be serious threats (Rahman, in press) although these activities are on the decline.

Mangroves are primarily threatened by agriculture, urban development, shrimp ponds, and deforestation (Spalding et al. 1997).

Management (from IUCN/WCMC 1992)
The management of Turtle Islands by means of hatchery and tagging programmes is intensive (Basintal and Lakim 1993) though the effectiveness of such programmes for turtle conservation is controversial (Mortimer 1992). The three areas prohibited for fisheries in Sarawak are not yet managed although some turtle research and protection activities have already begun. The management plan for Semporna is in its final stage of evaluation for approval.

Management on land is controlled by individual states while management of Marine Parks in peninsular Malaysia is regulated by the Fisheries Act of 1985, which authorises the Department of Fisheries (Ministry of Agriculture) to control activities at sea. Lack of coordination has resulted in land activities affecting marine parks at sea. Two recent cases, Pulau Redang (Mohd.Ibrahim et al. 1992) and Pulau Tioman Marine Parks, demonstrate how this lack of integrated management and control over the land adjacent to marine parks can result in damages to the marine environment. In both cases, resort development involving large-scale land clearing, road and marina building and construction are taking place (both legally and illegally), despite predicted negative impacts on the marine environment. In practice, environmental protection is hampered by jurisdictional issues between federal and state authorities and also between different sectoral agencies (e.g. Departments of Wildlife and National Parks, Environment and Fisheries)

Non-government organisations concerned with the environment include World Wide Fund for Nature – Malaysia, the Malaysian Nature Society, Sahabat Alam Malaysia (Friends of the Earth Malaysia), the Environmental Protection Society of Malaysia, the Consumers’ Association of Penang, the Sabah Society, Sarawak Nature Society and the Malaysian Society for Marine Sciences.

As of 1997 (Spalding et al. 1997), only 0.3% of W. Malaysia’s mangroves, 0.2% of Marine Protected Areas in Southeast Asia 55 Sarawak’s mangroves and 1.3% of NE Sabah’s mangroves were within protected areas (12 MPAs containing mangrove). However, the mangroves of Matang on NW Peninsular Malaysia have been sustainably managed since the turn of the century (Spalding et al. 1997).

Sabah Parks monitors the three marine parks in Sabah; University Pertanian Malaysia monitors Pualu Redang (Terengganu, West Malaysia); Universiti Malaysia Sabah, the coral reefs in Sabah; and Universiti Malaysia Sarawak, the Terumbu Layang-Layang (Spratly Islands). The Department of Fisheries monitors the Marine Parks of Peninsular Malaysia, Labuan and Terumbu Layang-Layang.

4.7. Gaps in the Marine Protected Area (MPA) System
Looking at the spread of the existing and proposed MPAs in the country, one obvious gap in the system is that only three of the islands of Sarawak are protected despite its long coastline as compared to that of Sabah. Although nearshore coral reefs in the vicinity of river mouths are unlikely to flourish, islands and submerged banks, such as the Lucania shoal, far from the shore have yet to be explored and their conservation potential assessed. In addition to the existing turtle sanctuaries of the three prohibited areas for fisheries, the stretch of coast from Bintulu to Beting towards central-east Sarawak also serves as a frequent turtle-nesting site. More attention needs to be focused on the identification and designation of MPAs in Sarawak.

The areas least represented by MPAs are the Strait of Malacca transboundary (VI-20 and VI-22) and Southeast Peninsular Malaysia (sub-zone I-7).

4.8. Priority Sites
Several priority sites have been selected including the regionally significant sites, Semporna and Turtle Islands, off Sabah (Table 4.4). Both Semporna and Sipadan are rich coral reef areas with near-pristine status, and are important nesting sites for the Green and Hawksbill turtles. Sipadan is renowned as a world-class dive destination, and the management of activities in Sipadan is under Sabah Parks and Wildlife. Layang-Layang situated at the southern end of the disputed Spratlys may also warrant high priority but little information is available for assessment. The island has recently been developed for dive tourism. Turtle Islands, together with their neighbouring nine Turtle Islands of the Philippines, contribute a substantial proportion of the region’s Green turtle nesting population, and hence warrant regional priorities for joint conservation efforts. It has been approved as a transboundary Turtle Islands Heritage Protected Area.

< 4.9. Priority Actions
The main obstacle in the effective management of MPAs in Malaysia (except Sabah) is the Federal Government’s lack of jurisdiction over coastal land adjacent to MPAs. Until this limitation is rectified, the critical coastal areas within the marine parks should be clearly identified and the State Governments advised on the positive protective controls needed to prevent degradation of the nearby marine areas and conflict with MPA objectives. Such a process has been launched for the marine parks of peninsular Malaysia through the management conceptual plan (Aikanathan and Wong 1994).

The plan contains detailed descriptions and analysis of the status of the marine resources and land use of the marine park islands of peninsular Malaysia as well as comprehensive recommendations for each of the island groups, with special reference
to the management of critical habitats. In addition, the general negligence of the economic value of ecological resources is another major cause of poor planning of resources and development. Site-specific studies on the economics of conservation should therefore be encouraged as part of the management plan design for MPAs. A series of four case studies on tin mining, development industries in place of quarrying, and the value of Matang mangroves and prawn culture in Perak, W. Malaysia are examples of how economic analysis can be used to help plan resource use (Cheng 1994). The following recommendations summarise the major recommendations listed in the conceptual plan and highlight some other site-specific issues:

A. Incorporate the protection of critical land adjacent to marine parks, including watersheds, into the land-use planning of the islands. Wherever possible, State governments should declare all unalienated land on islands surrounded by marineparks designated by the Federal government protected, and should buy private lands for inclusion in the State parks.

B. Do not allow development on very small islands within the marine parks.

C. Integrate the environmental assessment of development projects, including the tourism-related ones, with the impacts on both land and in the sea. Mitigation plans should seek to minimise irreversible impacts on the marine environments of the parks. EIAs must be carried out before the projects begin and subsequent activities should be carried out in line with the findings of the approved EIA. The economic cost of environmental degradation/loss due to development projects should be taken into account prior to project approval.

D. Develop and carry out monitoring programmes to investigate the carrying capacity of coral reefs for tourism use and to prevent further degradation. Develop and enforce a quota system that limits the number of visitors and vessels to popular marine parks.

E. Revise existing boundaries for commercial and other fishing zones in the marine parks. No commercial fishing should be allowed within the parks.

F. Re-evaluate existing practices at turtle hatcheries and develop improved hatching techniques. Re-evaluate the regulations regarding turtle-egg collection to protect turtle eggs in situ wherever possible. In areas where only a portion of the turtle eggs are hatched and the rest allowed for sale, hatching programmes may be strengthened by a seasonal ban on the sale of turtle eggs to raise the incentive of licensed egg collectors to return the eggs to the hatcheries.

G. Designate Semporna and Sipadan Islands as State Parks and implement management plans. Plan and regulate tourism development and activities at Sipadan through negotiations with dive operators.

H. Prepare and implement MPA management plans for Pulau Tioman, Mersing, Labuan, Turtle Islands, Pulau Tiga and Sipadan.

I. Develop joint research and turtle conservation programmes between the Turtle Islands of Sabah and the Philippines, including the enforcement of the trade ban on turtle eggs. This may be expanded throughout the Sulu Sea and even east Kalimantan of Indonesia.

J. Upgrade the three Fisheries Prohibited Areas of Sarawak to Marine Parks and strengthen their management.

K. Survey the coral reef and coastal sites of Sarawak to identify those with conservation potentials.

L. Additional recommendations (from ICRI 1997)

• Formulate marine park zoning and management plans.

• Develop innovative sustainable financing for management and research.

• Monitor and evaluate the effectiveness of marine parks.

• Train managers and rangers.

• Conduct social and economic monitoring and evaluation.

• Conduct research and training on coral reef restoration techniques.

• Conduct training in the use of databases and in biostatistics.