Five scuba divers and a dive operator have been fined in Malaysia after a video clip of mob harassment of a sea turtle went viral on social media and caused widespread public outrage, not least among other divers and conservationists.
The incident occurred at a site off Manukan Island in the Tunku Abdul Rahman Marine Park in Semporna, northern Borneo in March.
The Sabah tourism, culture & environment ministry (KePKAS) has since issued “compound notices” to a handful of the divers present, as well as to the company that had organised the diving.
In Malaysia a compound notice can be used for certain offences as an alternative to requiring an offender to face trial in court. It provides a chance for an uncontested charge to be settled through payment of a fixed penalty.
The harassment was in violation of the Sabah Wildlife Enactment 1997 regulations, under which sea turtles are fully protected. It is illegal for anyone other than an appointed wildlife warden to handle adult turtles, their eggs or hatchlings.
TRACC initiative
It was the Tropical Research & Conservation Centre (TRACC) in Semporna that initially issued an appeal to trace the location and the identities of the divers featured in the 30sec clip, which had been shot and shared by someone in the dive-group. TRACC also notified the Sabah Wildlife Department and Sabah Parks about the incident.
The clip showed what is thought to be a dive-guide holding the clearly distressed and confused turtle from behind by its shell, while other divers touch the turtle's shell and limbs and pose beside it as it struggles to break free.
Apart from the possibility that the turtle had urgently needed to breathe during the period of restraint, such extreme stress to an animal can be injurious and even fatal.
Another related and longer clip shows a member of the dive-group holding onto a moving whale shark.
Describing the divers’ actions as “irresponsible”, the tourism ministry stated: “We urge all tourism operators to play a more responsible role in ensuring compliance with guidelines and regulations. The state government remains committed to environmental conservation and has warned that it will not tolerate any violations of wildlife protection laws.”
The penalties imposed are unknown but the maximum fine for the offence is 50,000 ringgits (about £8.700) and/or one to five years’ in prison.
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