 |
|
TEXT 6. BIOLOGICAL DIVERSITY AND NATURE CONSERVATION: TRADE IN ENDANGERED SPECIES
One of the most powerful motives for the exploitation of plant and animal species is income production through trade, especially in poor countries lacking other major resources.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was adopted in Washington on March 3, 1973. It aims to ban trade in endangered species and to regulate trade in other commercially-exploited species to ensure sustainable trade and economic benefits for exporting countries. The species to be protected are listed in three appendixes. Most national laws reflect efforts to implement CITES. To this end, states have, for example, taken measures penalizing prohibited trade and providing for confiscation or return to the state of export of any specimens illegally imported, with specified protection for living specimens. Judicial sanctions are critical to the effectiveness of this system. Because trade in endangered species is lucrative for poachers and sanctions are needed that are sufficiently strong to deter violations. In many states substantial fines are accompanied by prison sentences.
Moreover, while CITES regulates trade in endangered species, its effective implementation depends on national systems to not only restrict international trade, but also to restrict the taking of endangered species in the first place. This is often accomplished through permitting systems and the enforcement thereof.
CITIES is the principal international expression on this topic. Appendix I of CITIES contains species threatened with extinction that are or may be affected by trade, including such well-known animals as the tiger, leopard, whale and many types of parrots. The present number of such species is higher than 1000. These species benefit from particularly strict regulation, and states parties can authorize trade only in exceptional circumstances. The ban extends to any readily recognizable part or derivative of a specimen of a listed plant or animal. The export of any species included in this appendix requires prior grant and presentation of an export permit issued upon satisfaction of strictly defined conditions: a Scientific Authority of the exporting state has advised that the export will not be detrimental to the survival of the species; a Management Authority is satisfied that the specimen was not obtained in contravention of the laws of the state for the protection of fauna and flora and that any living specimen will be prepared and shipped in ways minimizing the risk of injury, damage to health or cruel treatment and that an import permit has been granted for the specimen by the country of destination. The issuance of an import permit may be granted by the state of destination only after a Scientific Authority of that state attests that the importation is not detrimental to the survival of the species. That authority must also be satisfied that the proposed recipient is suitably equipped to house and care for any living specimen. The Management Authority of the importing state must be satisfied that the specimen is not to be used for primarily commercial purposes.
The conditions of trade in Appendix II species are less strict. Their list includes species which are not currently threatened with extinction but which may become so and species upon which they are dependent. Trade also requires a permit based upon an opinion of the Scientific Authority that the export will not be detrimental to the survival of the species, proof the Management Authority's satisfaction that the specimen was not obtained in violation of the state's law for the protection of fauna and flora, and evidence that the specimen will be properly transported. The Scientific Authority monitors both the granting of permits and the actual exports. It can determine that the export should be limited to maintain the species at a certain level and it advises the Management Authority of suitable measures to take to limit the grant of export permits. The import of an Appendix II specimen requires only prior presentation of either an export permit or a re-export certificate. While for species appearing on Appendix II strict limitations on import do not exist and specimens can be brought in for commercial purposes, the aim of the Convention is to control the latter. Over time, due to modifications of the list, the number of species contained in Appendix II has become extremely high.
Appendix III lists those species that one state party identifies as being subject to regulation within its jurisdiction in order to prevent or restrict exploitation and for which it needs the cooperation of other parties to control trade. The export of a specimen of any species from a state that listed the species in Appendix III requires the prior grant and presentation of an export permit. Import of a specimen of an Appendix III species requires prior presentation of a certificate of origin and an export permit, if the specimen comes from a state that listed the species. Appendix III thus allows each state to obtain the aid of other states that are potential importers of the specimens that the exporting state seeks to protect and conserve. Canada listed the moose, signalling to other states that it is illegal to import a moose or products made from it without a permit issued by Canadian authorities.
CITES also contains a series of flexible provisions and authorizes exemptions for specimens of certain species that were raised in captivity as household pets or plants artificially propagated for commercial purposes. Exemptions are also granted for non-commercial loans, donations or exchanges of certain plants between scientists or scientific institutions, as well as for the movement of specimens which form part of a zoo, circus, menagerie or exhibition. However, conditions are imposed, principally relating to the humane treatment of the specimens.