POTENTIAL FOR THE TRADE OF ENDANGERED SPECIES UNDER
CITES.
By Santosh Nepal
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Introduction
In 1975, an international treaty to govern trade in wildlife
named as the Convention on International Trade in Endangered Species
of Wild Fauna and Flora (CITES) came into force.
CITES (the Convention on International Trade in Endangered Species
of Wild Fauna and Flora) is an international agreement between
governments. Its aim is to ensure that international trade in
specimens of wild animals and plants does not threaten their survival.
Widespread information nowadays about the endangered status of
many prominent species, such as the tiger and elephants, might make
the need for such a convention seem obvious. But at the time when the
ideas for CITES were first formed, in the 1960s, international
discussion of the regulation of wildlife trade for conservation
purposes was something relatively new. With hindsight, the need for
CITES is clear. Annually, international wildlife trade is estimated to
be worth billions of dollars and to include hundreds of millions of
plant and animal specimens. The trade is diverse, ranging from live
animals and plants to a vast array of wildlife products derived from
them, including food products, exotic leather goods, wooden musical
instruments, timber, tourist curios and medicines. Levels of
exploitation of some animal and plant species are high and the trade
in them, together with other factors, such as habitat loss, is capable
of heavily depleting their populations and even bringing some species
close to extinction. Many wildlife species in trade are not
endangered, but the existence of an agreement to ensure the
sustainability of the trade is important in order to safeguard these
resources for the future.
Because the trade in wild animals and plants crosses borders
between countries, the effort to regulate it requires international
cooperation to safeguard certain species from over-exploitation. CITES
was conceived in the spirit of such cooperation. Today, it accords
varying degrees of protection to more than 30,000 species of animals
and plants, whether they are traded as live specimens, fur coats or
dried herbs.
CITES was drafted as a result of a resolution adopted in 1963
at a meeting of members of IUCN (The World Conservation Union). The text
of the Convention was finally agreed at a meeting of
representatives of 80 countries in Washington DC, United States of
America, on 3 March 1973, and on 1 July 1975 CITES entered in force.
CITES is an international agreement to which States (countries)
adhere voluntarily. States that have agreed to be bound by the
Convention ('joined' CITES) are known as Parties. Although CITES is
legally binding on the Parties - in other words they have to implement
the Convention - it does not take the place of national laws. Rather
it provides a framework to be respected by each Party, which has to
adopt its own domestic legislation to make sure, that CITES is
implemented at the national level.
Not one species protected by CITES has become extinct as a
result of trade since the Convention entered into force and, for many
years, CITES has been among the largest conservation agreements in
existence, with now over 150 Parties.
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The CITES Species
Roughly 5,000 species of animals and 25,000 species of plants are
protected by CITES against over-exploitation through international
trade. They are listed in the three CITES
Appendices. The species are grouped in the Appendices according to
how threatened they are by international trade. They include some
whole groups, such as primates, cetaceans (whales, dolphins and
porpoises), sea turtles, parrots, corals, cacti and orchids. But in
some cases only a subspecies or geographically separate population of
a species (for example the population of just one country) is listed.
Any type of wild plant or animal may be included in the list of
species protected by CITES and the range of wildlife species included in the Appendices
extends from leeches to lions and from pine trees to pitcher plants.
While the more charismatic creatures, such as bears and whales, may be
the better known examples of CITES species, the most numerous groups
include many less popularized plants and animals, such as aloes,
corals, mussels and frogs.
The CITES Appendices I, II
and III
Appendices
I, II and III
to the Convention are lists of species afforded different levels or
types of protection from over-exploitation
Appendix I list species that are the most endangered among
CITES-listed animals and plants. These are threatened with extinction
and CITES generally prohibits commercial international trade in
specimens of these species. However trade may be allowed under
exceptional circumstances, e.g. for scientific research. In these
cases, trade may be authorized by the granting of both an export
permit (or re-export certificate) and an import permit. Appendix I
includes some highly threatened species, such as the tiger, the rhino,
the gaint panda, the Madagascar lemur, some crocodiles, some orchids,
and some cacti,
Appendix II lists species that are not necessarily now
threatened with extinction but that may become so unless trade is
closely controlled. It also includes so-called "look-alike
species", i.e. species of which the specimens in trade look like
those of species listed for conservation reasons . International trade
in specimens of Appendix-II species may be authorized by the granting
an export permit or re-export certificate; no import permit is
necessary. Permits or certificates should only be granted if the
relevant authorities are satisfied that certain conditions are met,
above all that trade will not be detrimental to the survival of the
species in the wild. Appendix II comprises look so similar to species
already listed that their trade is monitored and regulated in order to
make control easier. Parrots, wild cats, some butterflies, and stony
the exporting country
issues an export permit, while in the case of Appendix I species, an
import permit is also required to provides extra safeguards. Appendix
III is a list of species included at the request of a Party that
already regulates trade in the species and that needs the cooperation
of other countries to prevent unsustainable or illegal exploitation.
International trade in specimens of species listed in this Appendix is
allowed only on presentation of the appropriate permits or
certificates.
Species
may be added to or removed from Appendix I and II, or moved between
them, only by the Conference of the Parties, either at its regular
meetings or by postal procedures.
But species may be added to or removed from Appendix III at any time
and by any Party
The names
of species in the Appendices may be annotated to qualify the listing.
For example, separate populations of a species may have different
conservation needs and be included in different Appendices (e.g.
the annotation '+201' means that the wolf populations included in
Appendix I are only those of Bhutan, India, Nepal and Pakistan,
whereas all others are included in Appendix II). For this and
other reasons, the Appendices should always be consulted alongside the
interpretation
with which they are presented.
Regulation
of Trade in Specimens of Species Included in Appendix I
1.
All trade in specimens of species included in Appendix I shall
be in accordance with the provisions of this Article.
2.
2. The export of any specimen of a species included in Appendix
I shall require the prior grant and presentation of an export permit.
An export permit shall only be granted when the following conditions
have been met:
(a) a
Scientific Authority of the State of export has advised that such
export will not be detrimental to the survival of that species;
(b) a
Management Authority of the State of export is satisfied that the
specimen was not obtained in contravention of the laws of that State
for the protection of fauna and flora;
(c) a
Management Authority of the State of export is satisfied that any
living specimen will be so prepared and shipped as to minimize the
risk of injury, damage to health or cruel treatment; and
(d) a
Management Authority of the State of export is satisfied that an
import permit has been granted for the specimen.
3. The import
of any specimen of a species included in Appendix I shall require the
prior grant and presentation of an import permit and either an export
permit or a re-export certificate. An import permit shall only be
granted when the following conditions have been met:
(a) a
Scientific Authority of the State of import has advised that the
import will be for purposes which are not detrimental to the survival
of the species involved;
(b) a
Scientific Authority of the State of import is satisfied that the
proposed recipient of a living specimen is suitably equipped to house
and care for it; and
(c) a
Management Authority of the State of import is satisfied that the
specimen is not to be used for primarily commercial purposes.
4. The
re-export of any specimen of a species included in Appendix I shall
require the prior grant and presentation of a re-export certificate. A
re-export certificate shall only be granted when the following
conditions have been met:
(a) a
Management Authority of the State of re-export is satisfied that the
specimen was imported into that State in accordance with the
provisions of the present Convention;
(b) a
Management Authority of the State of re-export is satisfied that any
living specimen will be so prepared and shipped as to minimize the
risk of injury, damage to health or cruel treatment; and
(c) a
Management Authority of the State of re-export is satisfied that an
import permit has been granted for any living specimen.
5. The
introduction from the sea of any specimen of a species included in
Appendix I shall require the prior grant of a certificate from a
Management Authority of the State of introduction. A certificate shall
only be granted when the following conditions have been met:
(a) a
Scientific Authority of the State of introduction advises that the
introduction will not be detrimental to the survival of the species
involved;
(b) a
Management Authority of the State of introduction is satisfied that
the proposed recipient of a living specimen is suitably equipped to
house and care for it; and
(c) a
Management Authority of the State of introduction is satisfied that
the specimen is not to be used for primarily commercial purposes.
Regulation
of Trade in Specimens of Species Included in Appendix II
1. All trade in
specimens of species included in Appendix II shall be in accordance
with the provisions of this Article.
2. The export
of any specimen of a species included in Appendix II shall require the
prior grant and presentation of an export permit. An export permit
shall only be granted when the following conditions have been met:
(a) a
Scientific Authority of the State of export has advised that such
export will not be detrimental to the survival of that species;
(b) a
Management Authority of the State of export is satisfied that the
specimen was not obtained in contravention of the laws of that State
for the protection of fauna and flora; and
(c) a
Management Authority of the State of export is satisfied that any
living specimen will be so prepared and shipped as to minimize the
risk of injury, damage to health or cruel treatment.
3. A Scientific
Authority in each Party shall monitor both the export permits granted
by that State for specimens of species included in Appendix II and the
actual exports of such specimens. Whenever a Scientific Authority
determines that the export of specimens of any such species should be
limited in order to maintain that species throughout its range at a
level consistent with its role in the ecosystems in which it occurs
and well above the level at which that species might become eligible
for inclusion in Appendix I, the Scientific Authority shall advise the
appropriate Management Authority of suitable measures to be taken to
limit the grant of export permits for specimens of that species.
4. The import
of any specimen of a species included in Appendix II shall require the
prior presentation of either an export permit or a re-export
certificate.
5. The
re-export of any specimen of a species included in Appendix II shall
require the prior grant and presentation of a re-export certificate. A
re-export certificate shall only be granted when the following
conditions have been met:
(a) a
Management Authority of the State of re-export is satisfied that the
specimen was imported into that State in accordance with the
provisions of the present Convention; and
(b) a
Management Authority of the State of re-export is satisfied that any
living specimen will be so prepared and shipped as to minimize the
risk of injury, damage to health or cruel treatment.
6. The
introduction from the sea of any specimen of a species included in
Appendix II shall require the prior grant of a certificate from a
Management Authority of the State of introduction. A certificate shall
only be granted when the following conditions have been met:
(a) a
Scientific Authority of the State of introduction advises that the
introduction will not be detrimental to the survival of the species
involved; and
(b) a
Management Authority of the State of introduction is satisfied that
any living specimen will be so handled as to minimize the risk of
injury, damage to health or cruel treatment.
7. Certificates
referred to in paragraph 6 of this Article may be granted on the
advice of a Scientific Authority, in consultation with other national
scientific authorities or, when appropriate, international scientific
authorities, in respect of periods not exceeding one year for total
numbers of specimens to be introduced in such periods.
Regulation
of Trade in Specimens of Species Included in Appendix III
1. All trade in
specimens of species included in Appendix III shall be in accordance
with the provisions of this Article.
2. The export
of any specimen of a species included in Appendix III from any State,
which has included that species in Appendix III, shall require the
prior grant and presentation of an export permit. An export permit
shall only be granted when the following conditions have been met:
(a) a Management Authority of the State of export is satisfied
that the
specimen was not
obtained in contravention of the law
of that State for the protection of fauna
and flora; and
(b)
a Management Authority of the State of export is satisfied that
any living specimen will be so prepared and shipped as to
minimize the risk of injury, damage to health or cruel treatment.
3. The import
of any specimen of a species included in Appendix III shall require,
except in circumstances to which paragraph 4 of this Article applies,
the prior presentation of a certificate of origin and, where the
import is from a State which has included that species in Appendix
III, an export permit.
4. In the case
of re-export, a certificate granted by the Management Authority of the
State of re-export that the specimen was processed in that State or is
being re-exported shall be accepted by the State of import as evidence
that the provisions of the present Convention have been complied with
in respect of the specimen concerned.
Permits and Certificates….
Designated CITES authorities in each member country (see insert) are the
only authorized issuers of these documents. Any trade in CITES
specimens without CITES documents is regarded as illegal. The
Scientific Authority is responsible for determining, on the biological
status, whether trade is unlikely to be detrimental to the survival of
the specimens were legally obtained and in compliance with all
laws/ regulations that govern the protection of plants and animals.
These findings can apply to specific shipments, of can be generically
applied and used to establish export quotas or limitations. These
findings also could serve as valuable communication and tools in
addressing issues of sustainability and alleged illegal activities in
the forest.
In Nepalese Context what
CITES has been done
Species conservation
efforts from the last three decades in the protected areas has
also brought a change in the population of
few of the endangered wild animals.
CITES has
also contributed to adopt stringent measures for the conservation of
the rhinos.
His Majesty's Government and her partners continued conservation efforts
intensively in protected areas. It has demonstrated the significant
increase in the population of protected wildlife. Current estimates
indicated tiger population within the range of 150-2--; wild buffalo
100 to 120; black buck 100 to 110; Bos gauros- a minimum of 190; and
wild elephant 40 to 50. Hundred and
six tigers are reported from
Royal Chitwan National Parks alone
( Preliminary tiger count, 1995 ). In addition, over 450
crocodiles –legally protected species, have been
released in three major rivers Koshi, Karnali and Narayani
rivers.
HMG with the partners carried out a count rhino program in June
1994 and confirmed the population
increase of rhinoceros (Rhinoceros unicomis ) from 60 to 80
in the late sixties to 446 to 466 number
with an annual rate of increase by 3.76 percent in Nepal's
first protected area –the Royal Chitwan National Park (RCNP). The
park is listed as the World Heritage site, and is a representative
ecosystem of the Indo-Malayan biogeography realm.
CONCLUSION
The trade is possible when such export will not be detrimental to the survival of
that species. The cites
regulates the international trade in wild animals and plants and their
products when it is determined that this trade does, or potentially
could threaten their continued survival in the wild. After
thorough scientific study
and open debate at the Conference of the Parties of a proposal
by a member State , a species can be included in Appendix I or II if the
proposal obtains a 2/3 majority. Shipments of species included the
cites appendices require in export permit . This permit may only be
issued after the management Authorities of the exporting country have
determined that the shipment was legally
Obtained and that its export
will not be detrimental to
the survival of the species. These requirements assure exporters,
importers, wholesalers, retailers, and
consumers that properly-documented products of CITES-listed species come from legal sources and are produced in a
sustainable manner .In addition, certain countries have taken stricter
measures, by requiring an import permit for Appendix II species.
Also the permission of the trade should also give if the given habitat
is beyond the carrying capacity for that species. If any wild life
product has been found during the illegal poaching and illegal hunting
should not be burnt and waste, rather it should be processed towards
legal trade. Since many of this products such as horn of rhino,
elephant trunk have a great economic value in the international
market.
The international trade in wildlife (animal and plants) and
wildlife, products is a big business worth up to $5 billion a year
worldwide. Most of it is entirely legal, controlled by national laws
and an international treaty. But about a third to quarter if the
trade, which is worth around $ 1.5 billion a year, is unlawful and
comprised commerce of rare and endangered species. This kind of trade
is one of the main ways on which species become threatened, endangered
and finally driven to the verge of extinction.
One
important issue that was addressed at the latest CITES conference in November 1994 at Fort Lauderale, Florida (USA)
was the question of how to simplify the international trade in
nursery- grown plants of
species listed in Appendix I of CITES which are banned from trade unless artificially propagated.
They still need CITES
license for export. The parties agreed to introduced a system for the
registration of nurseries who propagate Appendix I plants and allowed
to trade these specimens so as to avoid the complain raised by
nurserymen about the bureaucracy and paperwork (oldfield,1995).
References:
·
MOPE,1998.State
of the Environment Report. Ministry
of Population and
Environment, Kathmandu.
·
Department
of wildlife,1999. Prospectus of
CITES … ..and the Wood Products
Trade…. Kathamandu.
·
Text
of the Convention of CITES.
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