PROPOSED GUIDELINE FOR SWIFTLET FARMING IN SABAH

PROPOSED GUIDELINE FOR

SWIFTLET FARMING IN SABAH

6.1 INTRODUCTION

The proposed guideline is basically based on the study findings which cover

certain main aspects including status, current development and future

potential of the swiftlet farming industry in Sabah; issues, constraints and

challenges of the industry; existing laws and regulations at the state level; and

role of the relevant government departments, agencies and authorities in the

development swiftlet farming industry.

The guideline also took into account comments and feedbacks from the

relevant departments, agencies and authorities particularly from the technical

and steering committee of the study and interviews with the stakeholder

particularly the association.

In general the proposed guideline recommends what is currently required or

needed by the industry especially on the issues of area or location of the

swiftlet farming and licensing as well as enforcement of rules and regulations

pertaining to the industry.

Apart from that, the national guideline for swiftlet farming industry (1GP)

prepared by the Department of Veterinary Service, Ministry of Agriculture,

Malaysia also used as a reference. The 1GP basically explained the

obligations of criteria on management of the farm premise, processing

premise, animal welfare and procedures for licensing which takes into account

environment and public concerns.

Therefore in line with that, the proposed guideline is intended to achieve the

following mission and objectives:

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Mission

To promote the swiftlet farming industry in Sabah towards achieving 100

million income a year for the state by 2020 through retaining 30 per cent birds’

nests feed stock for the creation and growth of downstream activities in

pharmaceutical and food supplement industry in Sabah.

Objectives

i. To promote the development of swiftlet farming in Sabah;

ii. To encourage foreign investment in the swiftlet farming in Sabah;

iii. To enhance the existing rules and regulations for swiftlet farming in the

state; and

iv. To ensure controllable development of swiftlet farming in the state taking

into account environmental, health and sustainability concerns.

6.2 DEVELOPMENT POLICY

6.2.1 One Stop Centre

For a proper management and development of the industry in the future, it is

proposed to set-up a one stop centre under the Sabah Wildlife Department,

Ministry of Tourism, Culture and Environment. The one stop centre will play a

role as a lead agency and authority. It will also act as a coordinator and

channel for any initiatives taken by the government for the benefits of the

industry particularly on the aspects of development, monitoring and

enforcement of rules and regulations.

The one stop centre may also form a special committee comprising of local

authorities, district offices, Health Department, Department of Veterinary and

Animal Industry and all relevant department/agency involved in the industry.

The one stop centre may also serve as counter for any license and permit

application related to swiftlet farming activities.

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6.2.2 Area of Activity

6.2.2.1 Concept

The proposed area is based on local plan of local authority in Sabah which

covers Central Business District (CDB) Zone, Commercial Zone, Industrial

Zone, Residential Zone and area under Country Side Policy.

However, for planning purposes it is proposed that the area of activity is to be

divided into three categories namely Urban Area, Undeveloped Area and

Rural Area.

Urban area is referring to developed area within the local plan namely the

Central Business District (CBD) Zone, Commercial Zone, Industrial Zone and

Residential Zone.

Undeveloped area can either be in urban or rural area that still undeveloped

under the zoning within the local plan area namely Commercial zone,

Industrial Zone and Residential Zone.

However, to avoid any disruption and to ensure that there would be no

overlapping interest for any other development in the future, rezoning is

proposed to convert and gazette the area for swiftlet farming activities.

Rural Area referring to area under the Country Side Policy (outside local plan

area including agriculture land and village area with land titles excluding

reserve lands) or area under the administration of the district office.

Other areas outside the mentioned categories including swamp conservation

zone and ridge conservation zone are not encouraged as these areas are

sensitive for development.

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6.2.2.2 General Policy and Requirement

i) Existing Premise in Urban Area

Existing premises in urban area are allowed to continue their operation.

However, bird’s house operators have to comply certain conditions and

requirements as follows:

Location

Bird’s house location must not be located in residential areas, utility and public

reserve including schools, medical centers, places of worship, recreation

areas.

Building Aspects

Building design need to blend and in harmony with the building in the

surrounding area and renovation on facade, extension and expanding on the

premise on any kind are not allowed.

Licensing

Bird’s house operators should first pay penalty of RM200/year (calculated

from 1st year of operation) and register with Sabah Wildlife Department for

farming permit and register with local authority for premise license.

Compliance to Wildlife Regulations 1998

Bird’s house operators must fulfill requirements stated under Wildlife

Regulations 1998 (Part VIII, Section 57- Section 61) including:

Conditions for permit application;

Maintenance and operation of the animal farming (swiftlet farming);

Management and handling of animal and animal product;

Records keeping related to the operations of the animal farming (swiftlet

farming); and

Measures for dealing with outbreak of disease.

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Other requirements

Bird’s house operator are required to attend courses conducted by

professional consultant recognised by the Sabah Wildlife Department and

certificate of attendance to be attached when applying for a license from

the local authority; and

Bird’s house operators are encouraged to register with swiftlet farmers

association.

ii) New Premise in Urban Area

To provide an alternative for the bird’s house operators in urban area and to

encourage economic activity in an abandon building areas, application for

new premise is allowed based on the following conditions and requirements:

Location

Bird’s house must be located at upper level (1st floor and above) and less than

30% occupancy rate (Malaysian citizen only) of the abandon building outside

the Central Business District (CBD). However approval for premise license is

based on discretion of local authority upon considering possible adjacent

building and future plan of the surrounding area.

Building Aspects


surrounding area and renovation on facade, extension and expanding on the

premise on any kind are not allowed.

Licensing

Bird’s house operators to register with Sabah Wildlife Department for farming

permit and register with local authority for premise license.





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farming);and


Other requirements






association.

iii) Existing and New Premise in an Undeveloped Area

Application for new premise is allowed in an undeveloped area in accordance

to the following conditions and requirements:

Location

The bird’s house premise must be located at least 100 meter radius from the

urban settlement. This is based on distance approved for the Ministry of

Science and Environment for noise and sound pollution travel (GAHP).

Farming activity within 5 kilometer from both sides of the airport landing area

is subject to permission from Jabatan Penerbangan Awam Malaysia (DCA).

Buffer zone around the airport area is based on local plan in that specific

area.

Building Aspects

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Building design need to blend and in harmony with the surrounding (urban

settlement) and building height limit should not exceed four-storey or 16 meter

to keep the harmonies of the surrounding.

Licensing

Bird’s house operators register with Sabah Wildlife Department for farming









farming); and


Other requirements






association.

iv) Existing and New Premise in Rural Area/Country Side

(Agriculture Land and Village with Land Titles or Communal Title)

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a) Agriculture Land

Swiftlet farming is encouraged in agriculture land. However bird’s house

operator should comply or fulfill the following requirements:

Location

Bird’s house must only be located in plantation area, farm area and

aquaculture area. Schools, clinics, places of worship, playground areas,

residential areas, forest reserves and water catchment area are prohibited.

Building Aspects


surrounding area. Building height limit should not exceed four-storey or 16

meter for bird’s house located in area which have an existing houses.

However, to encourage the rural industry, no building height limit for bird’s

house located in empty agriculture land.

Licensing










farming); and


Other requirements

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association.

b) Village Area with Land Titles (including Communal Title)

Swiftlet farming is encouraged in village area with land titles including land

with communal title with compliance of the following criteria:

Location

Buffer zone between the bird’s house and neighbour’s house must be at least

15 meter (45 feet) radius. Less than 10 meter radius is allowed, however it

must be with agreement from the neighbour.

Building Aspects


surrounding area.Building height limit should not exceed four-storey or 16

meter for bird’s house located in area which have an existing houses to keep

the harmonies of the surrounding area.

Licensing









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farming); and


Other requirements






association.

6.2.3 Licensing

6.2.3.1Application Procedure

i) Existing Premise in Urban Area

Process 1

Bird’s house operator submits application to the One Stop Centre for

Premise License.

Application forwarded to the Local Authorities.

Local authority to bring the application to the Licensing Committee for data

verification (location and building aspects) and for consideration and

approval.

Applicant informed of the result/decision of the application.

Registration and issuance of premise license (subject to approval).

Process 2

Bird’s house operators apply farming permit from the One Stop Centre.

Inspection in accordance to Wildlife Regulations 1998 for consideration

and approval.

Applicants informed of the result/decision of the application.

Issuance of farming permit.

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Chart 6.1: Registration and Licensing for Existing Premise in Urban Area

Process 1

Process 2

ii) New Premise in Urban area

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Local Authority

Applicant

Application for Farming Permit

Application for Premise License

Issuance of Farming Permit

Applicant

Issuance of Premise License

i) Inspection (compliance to Wildlife Regulations

1998)ii) Consideration and

Approval

i) Data Verification(Location and Building Aspects)ii) Consideration and Approval

Licensing

Committee

One Stop Center

Registration of Premise

Applicant

Authorised Officer from

Wildlife Department

Applicant

Application

forwarded to the

local authority

One Stop Center

One Stop Center

Process 1


Premise License.

Application forwarded to the Local Authorities.

Local authority to bring the application to the Licensing Committee for data

verification (location and building aspects) and for consideration and

approval.



Process 2

Bird’s house operator apply farming permit from the One Stop Centre.


and approval.



Chart 6.2: Registration and Licensing for New Premise in Urban Area

Process 1

Process 2

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Local Authority

Applicant

Application for Premise License

Applicant

Issuance of Premise License

i) Inspection (compliance to Wildlife Regulations

1998)ii) Consideration and

Approval

i) Data Verification(Location, status of premise

and building aspects)ii) Consideration and Approval

Licensing Committee

One Stop Center

One Stop Center

Registration of Premise

Applicant

Application forwarded to the local authority

iii) Undeveloped Area

Process 1

Bird’s house operator submits application to the One Stop Centre for the

following purposes:

Permission (for construction of building only);

Planning permission for planning and building plan approval (for eco-

park development).

Application forwarded to the Local Authority.

Local Authority receives feedbacks from the technical

departments/agencies namely:

Building Plan Committee (for construction of building only);

Town Planning Committee and Building Plan Committee (for eco-park

development).


Process 2


Occupation Certificate (OC) upon completion of the bird’s house premise.

Application forwarded to the local authority for inspection. Evaluation is

based on safety aspects (excluding facility or other unnecessary aspects).


Issuance of OC (subject to approval).

Registration and issuance of premise license.

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One Stop CenterAuthorised Officer

from Wildlife Department

Applicant

Process 3



and approval.



Chart 6.3: Registration and Licensing for Premise in an Undeveloped Area

Process 1

Process 2

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Application for Planning Permission

(eco-park development) or Permission

(Construction of building only)

Local Authority

Applicant

Result/Decision of

application

Town Planning Committee and Building

Plan Committee

One Stop Center

One Stop Center

Issuance of Letter of Permission

Applicant

Consideration and

Approval

Application forwarded to

the local authority

Process 3

iv) Rural Area

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Application for OC upon completion of

building/construction

Local Authority

Applicant

Result/Decision of

application

Building Plan Committee and

Licensing Committee

One Stop Center

One Stop Center

i) Issuance of OC and Premise License ii) Registration

Applicant

Consideration and

Approval



One Stop Center

Authorised Officer from Sabah Wildlife

Department

Applicant

Applicant

i) Inspection (compliance to Wildlife Regulations 1998)

ii) Consideration and Approval


the local authority

Process 1

Bird’s house operator submits application to the One Stop Centre for the

following purposes:

Permission (for construction of building only);

Planning permission for planning and building plan approval (for eco-

park development).

Application forwarded to the local authority/district office under their

respective jurisdiction.

Local authority/district office receives feedbacks from the technical

departments/agencies namely:

Building Plan Committee (for construction of building only);

Town Planning Committee and Building Plan Committee (for eco-park

development); or

Special Committee at district level.


Registration and issuance of premise license.

Process 2

Bird’s house operator submits Location and Layout Plan to the One Stop

Centre for Premise License.

Application forwarded to the Local Authorities/district office.

Local authority/district office to bring the application to the Licensing

Committee for data verification (location aspects) and for consideration

and approval.



Process 3


Inspection in accordance to Wildlife Regulations 1998 by Wildlife

Department for consideration and approval.



Chart 6.4: Registration and Licensing for Premise in Rural Area

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Process 1

Process 2

Process 3

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Application for Planning Permission

(eco-park development) or Permission

(Construction of building only)

Submission of Location and Layout

Plan

Local Authority/ district office

Applicant

Result/Decision of

application

Town Planning Committee, Building Plan Committee or

Special Committee at district level

One Stop Center

One Stop Center

Issuance of Letter of Permission

Applicant

Consideration and

Approval

Local Authority/district

office

Applicant

Result/Decision of

application

Licensing Committee

One Stop Center

One Stop Center

Registration and Issuance of Premise

License

Applicant

Consideration and

Approval

i) Inspection (compliance to Wildlife Regulations 1998)

ii) Consideration and Approval


the local authority/district

office

Application forwarded to the

local authority/district

office

6.2.3.2 Requirement of Premise License/Farming Permit

i. Each premise license and farming permit subject to the stipulated

requirements of the local authority and the Sabah Wildlife Department

from time to time.

ii. Each premise license and farming permit should state name of the

owner, location and correspondence address.

iii. Premise license and farming permit holder need to display their

license/permit at all times in the licensed premise and present the license

when required by the authorised officer.

iv. Premise license and farming permit holder who fail to display or fail to

present their license to the authorised officer when required is

considered an offence.

v. Premise License can be renewed for every 1 year or up to 3 years.

License fee as shown in Table 6.1.

vi. Farming permit valid for one year and renewal is subject to

decision/evaluation of the Sabah Wildlife Department based on

compliance to the Wildlife Regulations 1998. Permit fee as shown in

Table 6.2.

Table 6.1: Premise License Fee

Area Status Year of Operation

License

Fee/Year

1st year Exempted

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One Stop CenterAuthorised Officer

from Sabah Wildlife Department

Applicant

Applicant

Urban Area

New premise

2nd year-3rd year RM250.00

4th year on wards RM1000.00

Existing premise 1st year-3rd year RM250.00


Undeveloped Area New premise

1st year Exempted



Rural Area New premise

1st year Exempted



Existing premise 1st year-3rd year RM65.00


Table 6.2: Permit Fee

Area Status Permit Fee/Year

Urban Area New and

Existing premise

RM600.00

Undeveloped Area New premise RM450.00

Rural Area New and

Existing premise

RM300.00

6.2.3.3 Documents for Submission of Application

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Any application to the local authorities/district office and Wildlife Department

must be attached with certain documents as listed in Table 6.3.

Table 6.3: Documents to be attached for Submission of Application

Type of Application Documents to be attached

i) Planning Permission Location plan; and

Layout Plan.

ii) OC (Occupation

Certificate)

Letter of planning permission; and

Building plan/structure plan.

iii) Premise License IC or Company profile;

Location of premise/Correspondence address;

OC or receipt of assessment fee; and

Certificate of attendance (for course attended)

from professional consultant recognized by the

Wildlife Department.

iv) Farming Permit Premise License from the local authority; and

Form 29 (application for farming permit).

6.2.4 Obligation to Laws and Regulations

6.2.4.1Farming Activity

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Not to comply/not in accordance to the Wildlife Conservation Enactment 1997

and Wildlife Regulations 1998 may cause the Sabah Wildlife Department to

take legal action against the bird’s house operators. Farming activity also

subjected to the Destruction of Diseases Bearing Insects 1975 and Health

Department regulation.

6.2.4.2 Noise Nuisance

Not to comply/not in accordance to the following rules and regulations are

subject to the local authority action/penalty:

The allowed birds call is not more than to 40dB measured 6 meters from

external wall of the building premise

Speaker should be directed to the skyward at 60⁰ angle parallel to the floor

The bird calls should only be played from 6.00 a.m to 9.00 a.m and 4.00

p.m to 7.00 p.m

6.2.4.3 Premise License

Not to comply/not in accordance to the rules and regulations for registration of

premise and enforcement are subject to the local authority action/penalty.

6.2.4.4 Development Plan

Not to comply/not in accordance to the rules and regulation for any

development may cause the local authorities take legal action under the Part

IV Section 23 Town and Country Planning Ordinance (Sabah Cap 141) to the

bird’s house operators.

The ordinance provides for a fine of RM500.00 if the person is convicted of

offence by the court, and if the offence is continued, and additional fine of up

to RM50.00 peer day will be imposed. The person may also be required to

revert the land, as far as possible, to its original state.

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6.3 EXPORTATION (MOVEMENT OF PROTECTED ANIMALS AND ANIMAL

PRODUCT INTO OR OUT OF THE STATE)

6.3.1 Application of Export Permit

Permit for exportation (movement of protected animal and animal product)

can be applied from the Sabah Wildlife. However, Veterinary Health Mark

(VHM) must be obtained from the Department of Veterinary and Animal

Industry, Sabah. The bird’s house and the bird’s nest processing premise

must also be inspected, sampled and tested prior to export with following

bacteriology test to ensure that the bird’s nest are free from any infectious

diseases:

Salmonella

Staphylococcos

Total E.coli count

Listeria

Total Coliform count

Total plate count

Faecal coliform count

The bird’s nest must also be processed, packed and stored under sanitary

condition and is safe and fit for human consumption.

Chart 6.5: Licensing of Exportation (Movement of Protected Animals and

Animal Product Into or Out of the State)

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ApplicantApplication for Export Permit

and VHM

6.3.2 Requirement of Export Permit

i. Each permit subject to the stipulated requirements of The Sabah Wildlife

Department;

ii. Each permit should state the name of owner, location and

correspondence address;

iii. Permit holder need to display their permit at all times in the licensed

premise and present the permit when required by the authorized officer;

iv. Permit holder who fail to display or fail to present their permit to the

authorized officer (Royal Malaysian Custom) when required is considered

an offence;

v. Validity of permit is on consignment basis and must be applied at least 3

days prior to export upon inspection and issuance of VHM from the

Department of Veterinary and Animal Industry, Sabah; and

vi. Permit fee is RM5/kg for white nest and RM10/kg for black nest.

6.3.3 Obligation to Laws and Regulations

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Department of Veterinary and

Animal Industry, Sabah

Applicant

One Stop CenterWildlife Department

Issuance of Export Permit

Issuance VHM

Application for VHMOne Stop Center

Applicant

All exportation activity (movement of protected animals and animal product

into or out of the state) is subject to the following rules and regulation:

No. 53 Part V (Wildlife Conservation Enactment 1997)

Customs Ordinance, 1967

6.4 ROLE OF GOVERNMENT DEPARTMENT AND AGENCIES

Based on the proposed guideline, the roles and responsibilities of the relevant

departments and agencies are as shows in Table 6.4.

Table 6.4: Role and Responsibilities of the Relevant Departments and Agencies in Swiftlet Farming

Department Roles and Responsibilities

Sabah Wildlife Department Enforcement of Wildlife Conservation Enactment 1997 and Wildlife Regulations 1998.

Issues permits relating to import and export of protected animals in Sabah (movement of protected animals and animal product into or out of the state) including swiftlets and edible nest swiftlet.

Issues permits relating to swiftlet farming activity (including processing of edible bird’s nest)

One stop agency for swiftlet farming

Department of Veterinary

and Animal Industry

Certification of Veterinary Health Mark (VHM) for exportation of edible bird’s nest and Sijil Amalan Ladang Ternakan(SALT) for animal farms.

Health Department Enforcement and implementation of the

Destruction of Diseases Bearing Insects 1975 and Health Department regulation.

Local Authorities/District

Offices

Issues Planning Permission/

Permission for eco-park development or

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construction of bird’s house

Issues OC for completed bird’s houses

Issues premise license for swiftlet farming

premise

Enforcement of Town and Country Planning

Ordinance (Sabah Cap 141)

Royal Malaysian Customs

Department

Enforcement of Customs Ordinance, 1967 for export and imports of product edible birds’ nests

6.5 ENFORCEMENT

Inspection must be conducted by the special committee under the

coordination of the lead agency and authority on regular basis at least once in

a year to ensure that the bird’s house operators are consistently comply to the

rules and regulations stated in the guideline. Reminder notice must be issued

to the operators if fail to comply with the rules and regulations under the

guideline. Operators are also subjected to penalty or action based on the

committee evaluation.

The special committee comprises of the following departments and agencies:

Sabah Wildlife Department (lead agency and authority)

Department of Veterinary and Animal Industry

Health Department

Local Authorities/District Officers

Rules and regulations to be regularly enforced include:

Wildlife Regulations 1998;

Noise Nuisance;

Health aspects; and

Disease control.

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6.6 CONCLUSION AND RECOMMENDATION

As mentioned earlier, the proposed guideline is based on the current needs

and requirements of the swiftlet farming industry. As the industry is a dynamic

and fast growing industry, there is a need for the government to closely

monitor the industry progress and development from time to time. In line with

this, the guideline also needs to be regularly revised to suit the current needs

and requirements of the industry.

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