International Wildlife Trade

A Cites Sourcebook

Ginette Hemley

• Publisher: Island Press
• Year: 2013
• Print ISBN: 9781559633482
• eBook ISBN: 9781610912808
• Topic: Business
• Subtopic: Business General
• Index: Business

For more than two decades, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, known as CITES, has been one of the largest and most effective conservation agreements in the world. By regulating international commerce in certain species -- from African elephants and exotic birds to hardwoods and bulbs -- the treaty limits trade in species that are in genuine need of protection while allowing controlled trade in species that can withstand some level of exploitation.

In addition to explaining how CITES operates, this definitive reference includes:

• the full text of the CITES treaty
• CITES Appendices I, II, and III
• a list of Parties as of March 1994
• a list of reservations by Parties as of October 1993

Chapters address the status of highly threatened species such as elephants, rhinos, and tigers as well as other heavily exploited species including parrots, primates, and bears.

International Wildlife Trade provides a valuable overview of wildlife trade issues, and of the strengths and weaknesses of the current treaty.

1/ How CITES Works

The only global treaty that aims to regulate the trade in threatened and endangered species, the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was signed in Washington, D.C., on March 3, 1973, and entered into force in July 1975.

According to the treaty’s preamble, parties to CITES recognize “that wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth” and that wildlife has many values, including aesthetic, scientific, cultural, recreational, and economic. CITES parties also recognize that “peoples and States are and should be the best protectors of their own wild fauna and flora.”

The 21 initial signatory nations were Argentina, Belgium, Brazil, Costa Rica, Cyprus, Denmark, France, West Germany, Guatemala, Iran, Italy, Luxembourg, Mauritius, Panama, Philippines, the Socialist Republic of Vietnam, South Africa, Thailand, the United Kingdom, the United States, and Venezuela. Presently 122 countries are parties to CITES. South Korea, Vietnam, and St. Kitts/Nevis are the most recent countries to join the treaty.

CORE FUNCTIONS

Parties to the CITES treaty are obliged to monitor the global trade in wildlife and wildlife products and take action on behalf of species that may be headed for trouble as a result of international trade. At the heart of the treaty are three Appendices that enumerate species facing some degree of threat. The most restrictive list is Appendix I, which covers species that are threatened with extinction and that are or may be affected by trade. With certain narrow exceptions, all international trade in the roughly 675 Appendix I species is forbidden. Species listed in Appendix II may not be threatened now with extinction but they could become threatened unless their trade is strictly regulated. The more than 25,000 species listed in Appendix II (including some 3,700 animals and more than 21,000 plants) may be traded, provided certain conditions are met that ensure the species will not be harmed by the trade. Appendix III is an optional list that parties may use to protect native species that might be threatened by trade.

CITES also establishes other mechanisms for supporting the global structure for regulating trade in species included in these all-important lists. Full-time staff at the Geneva-based CITES Secretariat monitor treaty implementation and infractions, administer scientific studies for species affected by trade, identify problems or challenges in enforcing CITES decisions, and help organize major CITES meetings. Government agencies and nongovernmental organizations (NGOs) play a key supporting role monitoring trade, gathering field information, analyzing data, and developing new proposals.

The CITES party nations meet every two to two-and-a-half years at the Conference of the Parties (COP) to review how well the convention is working, amend the appendices, and resolve policy issues. COPs have engendered increasing visibility in recent years, as the parties have had to grapple with such controversial decisions as the 1989 Appendix I listing for the African elephant, which banned all international trade in elephant ivory.

SPECIAL COMMITTEES

During the early years of the treaty, a standing committee was created to address issues that arose during intervals between COPs. A technical committee was also set up to deal with specific plant and animal issues relating to CITES. In 1987, the sixth COP adopted a resolution that created formal Animals and Plants Committees, abolished the Technical Committee, and reestablished the Standing Committee.

The Standing Committee provides general policy and operational direction to the Secretariat concerning implementation and enforcement of the convention. The committee gives advice on the preparation of meeting agendas and other requirements, reviews major country infraction problems, carries out interim activities on behalf of the conference, and drafts resolutions for COP consideration. Members of the Standing Committee are elected from the six major geographic regions after every other COP. The Standing Committee normally meets twice each year. The meetings are closed to the public.

The Standing Committee has been the source of growing attention and controversy as it faces pressure to respond to serious enforcement and implementation problems. Recent concerns about the severe endangerment of rhinos and tigers through illegal trade in their parts led to a series of Standing Committee decisions citing certain countries for their continued failure to curtail this trade within their borders. Some party nations have argued that the Standing Committee has exceeded its authority in seeking to enforce the treaty, while other parties maintain that the Standing Committee has been too weak and too diffident and that this role of a senior committee is essential to the effective administration of the treaty.

The Animals Committee reviews technical issues associated with trade in CITES-listed animal species, assists in the development and maintenance of a standardized animal names list, monitors the status and trade of animals on Appendix II (see page 85) that are considered to be significantly affected by trade, reviews the trade of Appendix II-listed species to determine whether trade is still a threat to their survival, and drafts resolutions on animal matters for consideration by the COP. The Animals Committee reports to the Standing Committee and the COP It generally meets once a year and is open to approved observers who wish to attend.

The Plants Committee has the same responsibilities with respect to CITES-listed plants as the Animals Committee has for animals.

The Standing Committee and Animals and Plants Committees sometimes establish formal working groups to address complex issues requiring special attention, such as the transport needs and treatment of live animals in trade.

TREATY APPENDICES

CITES categorizes plant and animal species in three lists or “appendices.” Inclusion in these appendices obligates parties to institute specific import and/or export controls on listed species.

Appendix I lists species that are threatened with extinction and are or may be affected by international trade. Included in this appendix are all rhinos, sea turtles, great apes, great whales, most large cats, and some 600 other endangered species. CITES generally bans commercial trade in Appendix I-listed species and allows noncommercial trade in them only in exceptional circumstance, such as for scientific or zoological purposes, if such trade will not jeopardize their chances for survival.

All international transactions in Appendix I-listed species require an export permit from the country where the wildlife originates or a reexport certificate from the reexporting country and an import permit from the recipient country. To ensure that both trading parties are aware of and agree to the rules governing the transaction, the import permit must be issued before the export permit can be issued.

Appendix II regulates commerce in wildlife that is not already threatened with extinction but may become so if trade is not controlled. The convention permits commercial trade in species listed in Appendix II, provided that the country of origin or country of reexport has issued an export permit or reexport certificate.

The appendices include look-alike species that are not threatened themselves but closely resemble other listed species. An entire genus, family, or order might also be listed if most species in the group are threatened and if it is difficult to distinguish between threatened and nonthreatened species. For example, Appendix II covers all parrots, cats, crocodilians, boids, orchids, and cacti not already listed in Appendix I. This helps customs officials recognize that any shipment containing these look-alike groups should be checked.

Appendix III gives parties the option of listing native species that are already protected within their own borders. This measure is intended to help CITES parties gain other nations’ cooperation in enforcing their own wildlife trade regulations. Canada, for example, lists the walrus in Appendix III because the government regulates trade in the species and wants other countries to regulate imports of walrus from Canada.

OBLIGATIONS OF CITES PARTIES

When a country becomes a party to CITES, it agrees to fulfill certain obligations described in the treaty text. It must set up management and scientific authorities independent of each other to assess and regulate trade and to issue the necessary CITES permits; submit annual reports on all CITES trade; participate in the COPs reviewing implementation, enforcement, and policies of CITES; and amend treaty appendices as necessary. As is the case with most other international agreements, CITES leaves it up to individual countries to decide how best they might fulfill these responsibilities.

Enforcement

Because CITES can only be enforced by its individual members, the treaty’s success depends on the national and political will of each party. In many countries, customs officials or, in a few countries, wildlife inspectors are in charge of inspecting shipments and seizing contraband. Special wildlife agents investigate illegal trade schemes in many countries. The CITES parties are committed to confiscation of smuggled or contraband goods and to return these back to the country of origin, when possible and appropriate. Parties are also obliged to penalize violators and must establish fines and other penalties as appropriate.

National Legislation to Implement CITES

After a country joins CITES, it should be prepared to take appropriate, usually legislative, measures to implement the convention, although the treaty does not specifically require legislation. At a minimum, the legislation should commit the country to abide by all CITES mandates, and it may also incorporate measures stricter than the convention itself. Unfortunately, many countries who have been members for years have not taken these steps.

The United States implements CITES through the U.S. Endangered Species Act (ESA). CITES controls prescribed by the act prohibit the import, export, or reexport of Appendix I, II, or III species without the required permits and also forbid the trade or possession of any species imported, exported, or reexported into or from the United States in contravention of the convention. Those who knowingly violate CITES, whether for personal or commercial reasons, may have their goods confiscated and receive penalties of up to one year in jail and as much as $100,000 in fines per violation ($200,000 for organizations). Under the ESA, the Secretary of the Interior is designated to implement CITES in the United States. Most of this responsibility has been delegated to the U.S. Fish and Wildlife Service.

Management and Scientific Authorities

CITES parties are required to set up one or more management authorities to regulate trade and one or more scientific authorities to deliberate on scientific issues related to the trade and exploitation of species for commerce. The management authority issues import and export permits and certificates and compiles information on annual trade. The scientific authority determines whether particular trade will be detrimental to the survival of the species involved and whether captive conditions are suitable for live animals in trade. The scientific authority monitors export volumes and their impact on protected native species and oversees other CITES scientific matters. The scientific authority often reviews permit applications and proposed changes to the CITES appendices.

Management authority responsibilities are usually undertaken by a government office. In the United States, the designated office is the Office of Management Authority of the Fish and Wildlife Service in the Department of the Int...

Table of contents

• About Island Press
• About World Wildlife Fund
• Title Page
• Copyright Page
• Table of Contents
• Foreword
• Introduction
• 1/ How CITES Works
• 2/The Treaty
• 3/Species and Trade
• Appendix A: - CITES Treaty Appendices
• Appendix B: - CITES Parties and Reservations
• Appendix C: - List of Resolutions
• Appendix D: - TRAFFIC Offices
• Suggested Readings
• Index
• Island Press Board of Directors