File Name: convention on international trade in endangered species of wild fauna and flora 1973 .zip
Unsustainable and illegal wildlife trade are contributing to the unprecedented levels of biodiversity loss and possible extinction of one million species. Law enforcement and the criminal justice system have a role to play in helping to regulate and monitor such trade. This mixed methods study researched the lessons learned and best practice in regards to implementation of and compliance with CITES.
As part of the study, three countries were identified as case studies and Canada was selected as one of these. Canada has several elements of good practice, such as the remit, effectiveness and relationships of the three CITES authorities located within Environment and Climate Change Canada, the public health approach to some wildlife imports, and the protection of native CITES species.
CITES needs to be improved to further protect endangered species and lessons from Canada and other countries can contribute to this improvement. Overexploitation of wildlife is a ubiquitous problem that, as Schalow argues, the law deliberately and inadvertently avoids discussing. As animals and plants receive little protection in common law, international conventions are an important means to protect wildlife and habitat Rodgers This article is a portion of the findings from a project that sought, in part, to contribute to remedying this lack of attention by gathering data on lessons learned in relation to the Convention on International Trade in Endangered Species of Wild Fauna and Flora CITES.
CITES is the key international legal instrument to combat both the overexploitation from the legal trade and the illegal side of the trade. Furthermore, the minimal research that there is related to CITES Reeve has largely been limited to conservationists and political scientists with legal scholars having recently contributed to the discussions see Wandesforde-Smith among others.
There has never been an empirical study of the effectiveness of CITES Reeve and there are a lack of empirical case studies related to implementation and compliance. Without national legislation implementing CITES, the regulation of international wildlife trade would be impossible. As Oldfield has noted, lack of enforcement is often blamed when wildlife populations decline.
Yet the fault may be with the design and implementation of the regulation Oldfield , but there has been very little exploration of national implementation Wandesforde-Smith or of projects and approaches that might improve CITES Bowman In addition, there are a range of, often poorly understood, factors which are likely to influence the apparent effectiveness of CITES, such as the soft law mechanisms integral to implementation and compliance i.
Another of the factors may be the communication and cooperation between national CITES Management and Scientific authorities, which will affect effective implementation even when the legislation strictly adheres to the Convention. It may be that the regulation regimes in countries with species decline and lack of compliance can benefit from improved regulation in the form of legislation, implementation and compliance mechanisms rather than or in addition to improved enforcement.
Then, I will briefly summarise the methods used to collect data, which led to Canada being one of three case studies. The main aim of CITES is to ensure that trade is sustainable and does not threaten the survival of species. As with all international conventions, membership of CITES is voluntary and parties that sign the convention agree to implement and enforce the convention as written. Since the beginning, the system in place has been three appendices of listed species that reflect the level of protection that the species is given.
Additions and removals of species from these lists as well as Resolutions and Decisions that address the mechanics of implementation and compliance and supplementary issues are voted on every three years at the Conference of the Parties. Each party has one vote and can propose changes to the listing of species.
The Scientific Authority in each country sets the quotas based upon population data, species reproduction and other relevant information. Sticking to the quotas is meant to ensure that trade will not affect species survival. For Appendix II listed species in , there were animals and 29, plants.
Given the number of species traded, the number of species listed in CITES because trade is posing a threat to their survival, and that the number listed keeps increasing, it is vital to improve CITES. Implementation of the convention means that parties are required to transpose the convention into their national legislation.
The Management authorities oversee the permit system that accompanies and tracks trade transactions. The Scientific authority, as mentioned, establishes the quotas to be followed.
There can be several Scientific authorities. Parties have the discretion to prohibit violations as they deem appropriate. That means prohibition does not have to be criminal and can be an administrative or civil offence. Schedule 1 offences, which prohibits trade in CITES species in violation of the convention, are criminal offences.
In the UK context, penalties range from up to six months imprisonment or a fine to up to five years in prison or a fine or both depending upon the severity of the offence. Again, the penalty applied for CITES violations is not proscribed by the convention; there simply needs to be some sort of penalty. The UK legislation allows for forfeiture of wildlife as well as forfeiture of vehicles, equipment or other items used to commit the offence.
Category 1 indicates the legislation is generally believed to meet the requirements of implementation. At the time, there was only 35 officers tasked with protecting and monitoring wildlife in one of the largest countries in the world Reeve This means the four main criteria outlined in the previous section are all present.
Canada also has an Enforcement Authority with full peace officer powers of investigation and arrest though this is not required by the Convention. All three authorities are part of Environment and Climate Change Canada and share the same headquarters.
Acquiring of wildlife must be legal by the regulations from the place where the wildlife was taken, including other countries and each of the Canadian provinces see more about law enforcement and regulation below. In regards to penalties, fines range from CAD to 12 million and imprisonment can range from six months to five years. When issuing fines, financial hardship is taken into account. Corporations are given the highest fines and the court can mandate that their shareholders are made aware of the nature of the offence and of the punishment given.
In terms of exports of CITES species then, oversight is only needed for 13 animal species seven mammals mostly cetaceans; five birds; one reptile—the leatherback turtle and nine plant species six orchids, the Eastern prickly pear cactus, American ginseng and golden seal. The other notable classes of imports were Reptilia, Mammalia, and Aves birds.
There was some trade in corals Anthozoa as well. Overall, imports appear to be for the pet industry live reptiles, mammals and birds and coral for aquariums , and the luxury fashion reptile skins and horticulture orchids markets.
As stated, all three are located in the same headquarters, which is located in Ottawa. The Scientific Authority is tasked with obtaining all of the scientific evidence underpinning quotas and listing recommendations. The WED enforces federal wildlife legislation throughout Canada.
Under the Canadian Department of Environment Act , the Minister of Environment and Climate Change has the power, duty, and function to preserve and enhance the quality of the natural environment including water, air and soil. This Ministry also coordinates the relevant policies and programmes of the Canadian government related to renewable resources, migratory birds, and other non-domestic fauna and flora Environment and Climate Change Canada The enforcement of this legislation.
The role of enforcement has changed as well. Our enforcement officers are now responsible for protecting over species of migratory birds including nests and habitats; protected areas, international and interprovincial trade in wildlife for over 36, species; and most recently over species at risk in areas of federal jurisdiction WED : I. The research underpinning this article was a two-year qualitative mixed methods research project that started on 1 May First, a content analysis of the legislation of the Parties was conducted.
Google translate was therefore used for 47 Parties. Second, a Delphi iterative survey unpacking the analyses of the legislative content analysis was launched. Delphi iterative surveys are targeted at experts, who in later rounds comment on the anonymous responses from the previous round in order to test new ideas and try to achieve consensus on solutions proposed. These are Canada, Indonesia and South Africa. Interviews further developed the best practice and lessons learned of the three case study countries, including Canada the other case studies are the focus of other articles.
Interviewees are kept anonymous and confidential. Full ethical approval was granted before any data was collected. That is to be expected considering, as several interviewees remarked, that CITES can be complicated in terms of transposing the Convention into national legislation and then implementing and complying with the main text of CITES as well as dozens of supporting Resolutions and Decisions mentioned above though these are not mandatory.
In the case of Canada, there were three main lessons for other countries, which remain areas for Canada to improve—involvement of all core agencies, priority of some species over others, and updating legislation to reflect newly protected species.
Pink a proposes there are three core agencies needed to combat transnational environmental crime, like wildlife trafficking. As seen in Fig. Thus to be the most effective, it is important that police, regulators, and customs work together. This seems particularly pertinent in the context of CITES, where checking compliance and enforcing the legislation is critical at borders—a key point during trade and trafficking.
The core agencies involved in combatting transnational organised crime Pink a : 3. As with possibly every border agency in the world, it appears in Canada that wildlife and CITES are not their priority. Interviewees stated the problem is the prioritisation of drugs, terrorism and contraband items, such as cigarettes and so forth, means that illegal wildlife are not actively being searched for at ports and borders.
The scale and scope of illegal wildlife trade in CITES species then can only be estimated as there is an unknown amount of smuggling taking place.
This unknown figure may be particularly high for illegal wildlife trade, since it is not a priority van Uhm ; Wyatt Further efforts to involve customs and border agencies in Canada and elsewhere are important to continue to improve compliance and enforcement. It is widely recognised that effective environmental, or in this case specifically wildlife, law enforcement is impossible without a multilateral response, including cooperation and coordination between agencies at the national, regional and global levels Clifford and Edwards ; Horne a , b ; Pink a.
Within wildlife trade, there is evidence of priority being given to some species over others Sollund ; Wyatt This priority, or speciesism, Footnote 2 seems to usually be grounded in perceived charisma of the wildlife. Non-human animals like elephants, rhinoceros and tigers have been the focus of attention in the media and at CITES. Reptiles, amphibians, and fish and plants are less likely to be the focus of campaigns presumably because of speciesism.
This was supported by one interviewee, who thought the National Legislation Project categorisations were only judged on implementation of CITES legislation for terrestrial species and disregarded whether or not provisions have been put in place for marines species. SARA is meant to determine how to protect native species. Under SARA, fishing licences can be issued for threatened fish species. This indicates that not all species are protected to the same degree even when afforded the same protection status.
In the Canadian context, these additions must be approved through public consultation and Parliament after the close of the Conference of the Parties. While public consultation is normally a positive measure, as will be discussed shortly, in this context it creates hurdles for timely implementation and compliance. Wildlife that should be protected and traded with permits and so forth are not afforded these provisions in a timely manner in Canada. Although further exploration is needed, there are two main concerns with this.
First, this is a potential loophole, which could be exploited by using Canada as a location to stockpile wildlife that will become listed, but has not yet in that jurisdiction. Second, depending on the time length of the reservation, trade in a species could continue at volumes endangering their survival and bring them even closer to extinction before the protection measures are implemented.
For Horne a , b the optimal wildlife crime policy response must be 1 proactive and intelligence based, 2 multifaceted, addressing many aspects of the problem, 3 multilateral, involving cooperation between several actors, and 4 monitored, evaluated, and adapted as necessary. Specialisation enables agencies to be proactive and intelligence based. This links to the fact that law enforcement of transnational environmental crime such as wildlife trafficking requires a unique skill set Pink b.
These staff need to be experts in the relevant investigative techniques as well as have working knowledge across the administrative, civil, and criminal laws and sanctions that govern the environment and wildlife Pink b.
Unsustainable and illegal wildlife trade are contributing to the unprecedented levels of biodiversity loss and possible extinction of one million species. Law enforcement and the criminal justice system have a role to play in helping to regulate and monitor such trade. This mixed methods study researched the lessons learned and best practice in regards to implementation of and compliance with CITES. As part of the study, three countries were identified as case studies and Canada was selected as one of these. Canada has several elements of good practice, such as the remit, effectiveness and relationships of the three CITES authorities located within Environment and Climate Change Canada, the public health approach to some wildlife imports, and the protection of native CITES species. CITES needs to be improved to further protect endangered species and lessons from Canada and other countries can contribute to this improvement.
Text of the Convention – 1. Convention on International Trade in Endangered Species of Wild Fauna and Flora. Signed at Washington, D.C., on 3 March
February 1, — September 21, RL It regulates the international trade in animals and plants that may be threatened by trade. CITES entered into force in and currently regulates the trade of approximately 30, species of plants and 5, species of animals.
Since Candelilla wax may be used in several applications, it is highly appreciated for different national and international industries, especially cosmetics. Mexico is the only Candelilla wax producer, and a big part of this production is exported to different countries. In order to guarantee the sustainability of the Candelilla plant during the production of the wax and further exportation, there are some national and international regulations that must be met, as explained below. With this permit the person concerned must inform and justify how much plant is going to be harvested and the method that is going to be used.
Pasar al contenido principal. Found results. Ordenar por Sorted by Most Recent. Sort by Least Recent.
Yet he warns conservation campaigners about the dangers of running beauty contests. The promotion of the most photogenic species, he says, risks eclipsing the interests of equally worthy but less glamorous wildlife. Over the past few years, CITES has focused intensely on the global ramifications of the conservation of elephants, rhinos, pangolins, lions, leopards and cheetahs, most of which are found in East and Sub Saharan Africa. This has proved to be divisive. Lapointe says:. For too long, Western animal rights groups and other Western NGOs have pursued policy-making at the expense of African livelihoods and viewpoints. CITES has also spent a disproportionate amount of time and resources on elephants, rhinos and big cats to the detriment of other equally endangered species.
These proposed amendments were communicated to the contracting States of the Convention by Notification dated 4 June The decisions taken by the Conference of the Parties are indicated in paragraph 3 below. The annotations in paragraph 3 are to be interpreted as follows:. All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly. TAXACEAE Taxus chinensis and infraspecific taxa of this species 10 Taxus cuspidata and infraspecific taxa of this species 10 Taxus fuana and infraspecific taxa of this species 10 Taxus sumatrana and infraspecific taxa of this species
Depending on the degree of threat posed by international trade, CITES classifies close to 40, endangered species of animals and plants into three Appendices. Skip to content. As of , it has over Parties. Endangered Species Depending on the degree of threat posed by international trade, CITES classifies close to 40, endangered species of animals and plants into three Appendices. Appendix I includes over 1, highly endangered species threatened with extinction.
Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten the survival of the species in the wild, and it accords varying degrees of protection to more than 35, species of animals and plants. CITES is one of the largest and oldest conservation and sustainable use agreements in existence. Participation is voluntary, and countries that have agreed to be bound by the convention are known as Parties. Rather it provides a framework respected by each Party, which must adopt their own domestic legislation to implement CITES at the national level. Often, domestic legislation is either non-existent especially in Parties that have not ratified it , or with penalties with the gravity of the crime and insufficient deterrents to wildlife traders. Trust Fund money is not available to Parties to improve implementation or compliance. These activities, and all those outside Secretariat activities training, species specific programmes such as Monitoring the Illegal Killing of Elephants — MIKE must find external funding, mostly from donor countries and regional organizations such as the European Union.
When the Secretariat in the light of information received is satisfied that any species included in Appendices I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorized Management Authority of the Party or Parties concerned. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the Party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorized by the Party. The information provided by the Party or resulting from any inquiry as specified in paragraph 7 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate. W3 since October 3 - Output generated by SiSU 0.
Forthcoming Papers. Instructions to Authors Preparation of Manuscripts Manuscript submission process short scheme.
The Convention on International Trade in Endangered Species of Wild Fauna and Flora—known as CITES—is an international agreement, signed by parties, designed to ensure that international trade in animals and plants does not threaten their survival in the wild.Reply