Malaysia legislation
Section 3
Section 3
In this Act unless the context otherwise requires—
"authorized officer" means a person appointed under subsection (2) of section 4 and who is authorized to exercise the powers described in the authorization pursuant to that subsection;
(b)
selling any wild animal or wild bird live or dead or part thereof as food or for medicinal purposes whether the same is imported or not;
(a)
housing confining or breeding any wild animal or wild bird for sale; or
"close season" means a period (declared by the Minister from time to time by order in the Gazette pursuant to section 31) during which specified protected wild animals or protected wild birds shall not be shot killed or taken;
"dealer" means any person who carries on the business of a dealer in wild animals or wild birds by—
"firearm" means arm within the meaning of the Arms Act, 1960;
"immature wild animal" means the offspring of a wild animal which does not satisfy the standard of maturity prescribed in Schedule Six for the wild animal and which may not be shot, killed or taken;
"immature wild bird" means the offspring of a wild bird which owing to its immature state has not developed the capacity for flight, and which may not be shot killed or taken;
"jerat" means any snare which is used for, and capable of, taking or killing any wild animal or wild bird;
"licensed hunter" means any person who is granted a licence under this Act to shoot kill or take a protected wild animal or a protected wild bird as specified in the licence, other than an immature wild animal or immature wild bird;
"Minister" means the Minister responsible for protection of wild life;
"nest" means—
(a)
in relation to a wild animal, any abode, den or lair or any other structure (whether of the same genus or not) which is being constructed or is being used by wild animals for—
(i)
the procreation or spawning;
(ii)
the protection; or
(iii)
the nurture;
of immature wild animals or the eggs of wild animals; and
(b)
in relation to a wild bird, any structure or device which is being constructed or is being used by wild birds for—
(i)
the laying of their eggs;
(ii)
the incubation of their eggs; or
(iii)
the protection or nurture of immature wild birds;
"officer" means an officer appointed under subsection (1) of section 4;
"open season" means a period (declared by the Minister from time to time by order in the Gazette pursuant to section 31) during which specified protected wild animals or protected wild birds may be shot killed or taken by licensed hunters or other persons as provided in this Act;
"poison" means any of the substances which are poisonous to wild animals or wild birds as described in Schedule Seven or any other substances which are certified by a Chemist of the Government to be poisonous to wild animals or wild birds unless the contrary is proved;
"poisoned bait" means any bait attractive to wild animals or wild birds which is coated with, immersed in, powdered with or otherwise impregnated with poison;
"protected wild animal" or "protected wild bird" means a wild animal or wild bird described in Schedule Two and Schedule Five or Schedule Four respectively which may be shot/killed or taken or be held in possession by a licensed hunter, a licensed dealer or other persons as provided in this Act and the conditions prescribed in the licence;
"reserved forest" means any land which under the provisions of any written law in force in West Malaysia relating to forests is for the time being reserved forest;
"reserved land" means any reserved land within the meaning of the National Land Code;
"salt lick" includes any mineral spring or ground containing or bearing salt or any other mineral (whether of the same genus or not), the consumption of which is conducive to the health or well being of wild animals;
"shoot" includes to shoot or shoot at, with any blow-pipe, arrow spear catapult or with any other missile or projectile (whether of the same genus or not) which is capable of being discharged launched or directed by any means whatsoever;
"take" includes to snare net or capture by any means whatsoever;
"State land" means State land within the meaning of the National Land Code;
"taxidermist" means any person who carries on the business of a taxidermist by—
(a)
preparing or preserving the skin or feathers of, or stuffing or mounting, any wild animal or wild bird or part thereof for sale;
(b)
manufacturing or creating any article or thing from any wild animal or wild bird or part thereof for sale; or
(c)
purchasing for resale such manufactured article or thing;
"totally protected wild animal" or "totally protected wild bird" means a wild animal or wild bird described in Schedule One or Schedule Three respectively which shall not be shot, killed or taken or be held in possession by any person except as provided in Part V of this Act;
"trophy" means—
(a)
the skin or feathers of any wild animal or wild bird (as the case may be)/which have been prepared or preserved;
(b)
any wild animal or wild bird or part thereof which has been stuffed or mounted; or
(e)
any horn task tooth or nail which has not been Sub. A4697 prepared or preserved;
"vehicle" includes—
(a)
aircraft;
(b)
floating craft of every description; and
(c)
any other structure (whether of the same genus or not)—
(i)
capable of moving or being moved; or
(ii)
used for the conveyance of any person or thing, and which maintains contact with the ground when in motion;
"wild animal" means the mammals reptiles and insects (protected or totally protected) described in Schedules One, Two and Five whatever their state of maturity or immaturity notwithstanding that they may be tamed or bred in captivity;
"wild bird" means the birds (protected or totally protected) described in Schedules Three and Four whatever their state of maturity or immaturity notwithstanding that they may be tamed or bred in captivity;
"wild life reserve" means any area declared under Part IV to be reserved for the purposes mentioned in that Part;
"wild life sanctuary" means any area declared under Part IV to be reserved for the purposes mentioned in that Part.